HomeMy WebLinkAboutParamount Sub AZ 03-006 DAADA COUNTY RECORDER J. DAVID NAVARRO ~
BOISE IDAHO 08!14103 12:32 PM
DEPUTY Miehelle Turner III IIIIIIIIII IIIIIIIIIIII IIIIII II I III
RECORDED-REQUEST OF
Meridian Ciry 1 03 1371 1 6
AMOUNT .00
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
3.
4.
5.
6.
City of Meridian '
Ron and Becky Hanks, Owner
Sheridan Kooyers, Owner
Meridian Joint School District No. 2, Owner
Dwaine and Sharon Wolfe, Owner
Paramount, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this day of ~ 2003, by and between CITY OF
MERIDIAN, a municipal corporation of Idaho, hereafter called-"CITY', and
RON AND BECKY HANKS, whose address is 5120 N. Linder Road, Meridian, Idaho
83642, and Sheridan Kooyers, whose address is 5940 N. Linder Road, Meridian, Idaho
83642, and Meridian Joint School District No. 2, whose address is 911 N. Meridian•
Road, Meridian, ]daho 83642, and Dwaine and Shazon Wolfe, whose address is 4895 N.
Meridian Road, Meridian, Idaho 83642, hereinafter called "OWNERS", and
PARAMOUNT, LLC, whose address is 12426 W. Explorer Drive, Suite 22G, Boise,
Idaho 83713, hereinafter called "OWNER/DEVELOPER".
RECITALS:
1.1 1~JHERE.AS, "OWNERS" and "OWNEF./DEVELOPER" 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 for each
owner, which is attached hereto and by this reference incozporated
herein as if set fozth in full, herein after referred to as the
"Property,,, and
1.2 ~'HEREA,S, LC. § 67-6511A, Idaho Code, provides that cities
may, by ordinance, require or per-mi t as a condition of re-zoning
that the "O•,vners" or "Ovmer/Developer" make a written
commitment concezizing the use or development of the subject
"Property"; and
1.3 WI3EREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-1.5-12 and 11-16~-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; stud
DEVELOI;VIENT AGRE'BIv1EN'I' (A7.-03-U06) - 1
1.4 WHEREAS, "Owners" and "Owner/Developer" have submitted
an application for annexation and zoning of the "Property's"
described in Exhibit A, and has requested a designation of (R-8)
'Medium Density Residential District, (R-40) High Density
Residential District, (L-O) Limited Office, and (C-G) General
Retail and Service Commercial, (Municipal Code of the City of
Meridian); and
1.5 WHEREAS, "Owners" and "Ownt;rfDeveloper" made
representations at the public hearings both before the Meridian
.Planning & Zoning Commission and before the Meridian City
Council, as to how the subject "Property" will be developed and
what improvements will be made; and
1.6 WHEREAS, rerord of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
before the Planning & Zoning Commission, and subsequently
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and comment;
and
F
1.7 WHEREAS, City Council, the 26f day of ~~- , 2003, has
approved certain Findings of Pact and Conclusions of Law and
Decision and Order, 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, the Findings require the "Owners" and
"Owner/Developer" to enter into a development agreement before
the City Council takes final action on annexation and zoning
designation; and
1.9 "OWNERS" and "OWNER/DEVELOPER" deem it to be in its
best interest to be able to enter into this Agreement and
acknowledges that this .Agreement was entered into voluntarily and
at its urging and requests; and
1.9 WHEREAS, "City" requires the "Owners" and
"Owner/Developer" to enter into a development agreement for the
purpose of ensuring that the "Property" is developed and the
DEVELOPMENT AGREEMENT (,5~-03-OOSj - 2
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 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
amended Comprehensive Plan of the City of Meridian adopted
August 6, 2003, Resolution No. 02-382, and the Zoning and
Development Ordinances codified in Meridian City Code Title 11
and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
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:
3.1 `'CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue
of law of the State of Idaho, whose address is 33 East Idaho
Avenue, Meridia~i, Idaho 8:,x42.
3.2 "OWNERS": means and refers to Ron and Becky Hanks, whose
address is 51`l0 N. Linder Road, Meridian, Idaho 83642, Sheridan
Kooyers, whose address is 5940 N. Linder Road, Meridian, Idaho
83642, Meridian Joint School District No. 2, whose address is 911
N. Meridian Road, Meridian, Idaho 83642, and Dwaine and Sharon
Wolfe, whose address is 4895 N. Meridian Road, Meridian, Idaho
83642, the parties developing said "Property" and shall include any
subsequent owner(s)ldeveloper(s) of the "Property".
3.3 "OWNER/DEO'ELOPER": means and refers to Paramount, LLC,
whose address is 12426 W. Explorer Drive, Suite 220, Boise,
DEVELOPMENT AGREEMENT (A'Z.-03-006) - 3
Idaho 83713, the party developing said "Property" and shall
include any subsequent owner(s)/developer(s) of the "Property"
3.4 "PROPERTY": means and refers to that certain pazcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned R-8, R-40, L-O and C-G attached hereto and by this
reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses,
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (D, F, G, and K.) which are herein specified as
follows:
Constructwta and development of a planned development
consisting of 764 sdngle family building lots, 73 townhouse lots,
270 apartments, 4 mixed-use areas with approximately 577,606 s.
f. of office and retail space, and 32 common lots on 392.17 acres
in proposed R-8, R-40, L-O and C-G zones.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owners" and
"Owner/Developer" have submitted to "City" an application for conditional use permit,
and shall be required to obtain the "City's" approval thereof, in accordance to the City's
Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition
of, the commencement of construction of any buildings or improvements on the
"Property" that require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A "Owners" and "Owner/Developer" shall develop the "Property" in
accordance with the following special conditions:
DEVELOPMENT AGREEMENT (AZ-03-006) - 4
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
ANEXATION AND ZONING CONDTIONS OF APPROVAL
1. Remove any existing domestic wells and/or septic systems within this project
from their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells maybe used for non-domestic purposes
such as landscape irrigation.
2. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per
City Ordinance 12-4-13. ,Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owners), with written
approval ornon-approval submitted to the Public Works Department. If lateral users
association approval can't be obtained, plans will be reviewed and approved by the
Meridian City Engineer prior to 6na1 plat signature.
3. A Development Agreement shall be entered into between the Developer and
the City of Meridian that will require, among other conditions, that all future
commercial, townhouse, and multi-family uses obtain conditional use permit
approval prior to development, the construction of the multi-use pathway, and
limiting Lots 1-13, Block 32, Lots 1-12, Block 33, Lots 1-12 Block 34 and Lots 1-13,
Block 35 to attached and townhouse construction only and limiting Lots 1-13 Block
30, Lots 1-2 Block 31, Lots 1-12 Block 36, and Lots 1-13 Block 37 to one dwelling
per lot.
4. The applicant shall gegotiate with the City of Meridian as to the location of a
permanent easement and temporary construction easement through the project to
Meridian Road for the North Slough SewerTrunk after the Preliminary Plat approval.
(Per the action of the City Council taken at their June 3, 2003 meeting.)
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(Deleted per action of the City Council taken at their-June 3, 2003 meeting.)
B. Adopt the Recommendations of the .ACRD as follows:
DEVELOPMENT AGREEMENT (A"L-03-OOb) - 5
Site Specific Conditions of Approval
The applicant shall do one of the following requirements for Meridian
Road:
a. Dedicate by donation an additional 10-feet of right-of-way along
Meridian Road, and construct a minimum 5-foot wide concrete sidewalk
along Meridian Road, located a minimum of 28-feet from the centerline of
the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum
5-foot wide concrete sidewalk along Meridian Road, located a minimum
of 28-feet from the centerline of the right-of-way, in an easement provided
to the District.
c. Do not dedicate additional right-of-way, but construct a minimum
5-foot wide concrete sidewalk along Meridian Road, located at the back
edge of the existing right-of-way. Accomplish all necessary adjustments
to properly accommodate existing drainage and utilities.
2. The applicant shall do one of the following requirements for Linder Road:
a. Dedicate by donation an additional 23-feet of right-of-way along
Linder Road, and construct a minimttm 5-foot wide concrete sidewalk
along Linder Road, located a minimum of 41-feet from the centerline of
the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum
5-foot wide concrete sidewalk along Linder Road, located a minimum of
41-feet from the centerline of the right-of-way, in an easement provided to
the District.
c. Do not dedicate additional right-of-way, but construct a minimum
5-foot wide concrete sidewalk along Linder Road, located at the back edge
of the existing right-of-way. Accomplish all necessary adjustments to
properly accommodate existing drainage and utilities.
3. The applicant shall do one of the following requirements for McMillan
Road:
DEVELOPMENT AGREEMENT (AZ-03-006) - 6
a. Dedicate by donation an additional 10-feet of right-of-way along
McMillan Road, and construct a minimum 5-foot wide concrete sidewalk
along McMillan Road, located a minimum of 28-feet from the centerline
of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum
5-foot wide concrete sidewalk along McMillan Road, located a minimum
of 28-feet from the centerline of theright-of-way, in an easement provided
to the District. -
c. Do not dedicate additional right-of-way, but construct a minimum
5-foot wide concrete sidewalk along McMillan Road, located at the back
edge of the existing right-of-way. Accomplish all necessary adjustments
to properly accommodate existing drainage and utilities.
4. Construct West Studio Drive to intersect North Meridian Road
approximately 1,300-feet north of McMillan Road, as proposed.
5. Construct West Producer Street to intersect Meridian Road approximately
2,470-feet north of McMillan Road, as proposed.
6. Construct West Director Street to intersect Meridian Road approximately
960-feet south of Chinden Boulevard, as proposed.
7. Construct West Paramount Drive approximately 2,420-feet south of
Chinden Boulevard to align with West Cayuse Avenue (a main entrance that was
approved on May 22, 2002 as a part of Lochsa Falls Subdivision), as proposed.
8. Construct West Studio Drive to intersect McMillan Road approximately
1,260-feet west of Meridian Road; as proposed.
9. Relocate th_e intersections of West Dreyfus Street/Producer Avenue and
the North Lange Avenue/Producer Avenue to provide a minimum offset of 125-
feet (measured from centerline to centerline).
10. Construct:
• North Cinema Way (from Chinden Boulevard to West Director
Street),
• West Director Street (from Meridian Road to North Cinema Way),
• West Producer Street (from Meridian Road to North Mitchum
Avenue),
DEVELOPMENT AGREEA4ENT (AZ-03-006) - 7
• West Studio Drive (from Meridian Road to McMillan Road) and
• West Paramount Drive (from Linder Road to North Arliss Avenue)
as 40-foot street sections with vertical curb, gutter and 5-foot attached concrete
sidewalk within 54-feet of right-of-way.
11. Construct:
• West Paramount Drive (from North Arliss Avenue [o North -
Cinema Way),
• North Bergman Avenue (from West Paramount Drive to the north
property line),
• North Cinema Way (from West Director Street to West Colbert
Street),
• North Chaplin Drive (from North Cinema Way to North Cinema
WaY),
• West Gable Street (from North Cinema Way to West Producer
Street) and
• West Producer Street (from North Mitchum Avenue to North
Hopkins Avenue)
as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete
sidewalk, as proposed.
12. Construct the remainder of the internal roadways as 33-foot street sections
with curb, gutter, 5-foot attached concrete sidewalk and parking on both sides of
the roadway within 50-feet of right-of-way, as proposed. Submit documentation
showing the review and approval from the Meridian Fire Department.
13. Extend North Wayman Avenue as a stub street to the south property line
approximately 1,900-feet west of Meridian Road, as proposed. Install a sign at
the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED
IN THE FUTURE".
14. Extend North Cinema Way as a stub street to the south property line
approximately 2,050-feet east of Linder Road, as proposed. Install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
15. Extend North Bergman Avenue as a stub street to the north property line
approximately 1,220-feet east of Linder Road, as proposed. Install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL, BE EXTENDED IN
THE FUTURE". ***See Finding for Consideration B item #7.
DEVELOPMENT AGREEMENT (AZ-03-006) - 8
16. Extend North Arliss Avenue as a stub street to the' north property line
approximately 820-feet east of Linder Road, as proposed. Install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
17. Provide access to West Producer Street (by a stub street or by shifting the
roadway to the north) for the undeveloped parcels located directly to the north (the
Packard and Mastropaolo properties).
18. Construct a 16-foot wide residential alley between West Oliver Street and
West Peck Street and West Studio Drive and West Producer Street, as proposed.
Improve the alley its full width and provide a minimum of back-of-curb radius of
15-feet at all alley intersections. Parking shall be designed so the minimum clear
distance from the back of the parking stall to the opposite side of the alley is 22-
feet for perpendicular parking. Any access to an alley shall be located a minimum
of 25-feet from the nearest public street. Parking in the alley is prohibited.
19. Construct a 16-foot wide residential alley between West Poitier Street and
West Peck Street and West Studio Drive and West Producer Street, as proposed.
&mprove the alley its full width and provide a minimum of back-of-curb radius of
15-feet at all alley intersections. Parking shall be designed so the minimum clear
distance from the back of the parking stall to the opposite side of the alley is 22-
feet for perpendicular parking. An access to an alley shall be located a minimum
of 25-feet from the nearest public street. Parking in the alley is prohibited.
20. Construct three roundabouts within the public right-of-way, as proposed.
• On West Director Street (mid way between Meridian Road and
North Cinema Way)
• At the intersection of Chaplin Street and North Dietrich Avenue
• At the intersection of Cagney Street and North Dietrich Avenue
The roundabouts shall be designed with a minimum of a 21-foot street section on
either side of the center islands. The applicant will be required to dedicate
sufficientright-of-way on either side of an island. Coordinate the size and design
of the roundabouts with traffic services staff.
21. Do not construct a roundabout at the intersection of North Bergman
Avenue and Bacall Street unless a temporary turnaround is constructed at the
terminus of North Bergman Avenue or North Bergman Avenue will be extended
at the time that this portion of the preliminary plat is final platted.
DEVELOPMENT AGREEMENT (AZ-03-006) - 9
22. Construct one knuckle with an island in the center, as proposed. Construct
the island to be a minimum of 4-feet wide with, a minimum area of 100-square
feet and designed to safely channel traffic. The roadway around the traffic island
shall maintain a minimum of a 29-foot street section. The design shall be
reviewed and approved by ACHD's Traffic Services staff. -
23. When the District receives a formal application for the multi-family use
and/or the commercial use, the District will review and approve driveway
locations in accordance with the policies and guidelines that are in effect at that
time. The District's current policies aze provided for informational purposes only
and can be found in Findings for Consideration #9 on pages 13 and 14 of this
report.
24. Construct a number of islands within the public right-of-way, as proposed.
Maintain minimum of a 21-foot street section on either side of the center islands.
Any proposed landscape islands/medians within the public right-of-way dedicated
by this plat shall be owned and maintained by a homeowners association. Notes
of this shall be required on the final plat
25. Construct a southbound left turn lane on Linder Road at the West
Paramount Drive/Linder Road intersection, as recommended by the submitted
traffic impact study. Prior to submittal of the final plat for the 201x` residential lot,
or the platting of the first non-residential lot, whichever comes first, ACRD staff
shall determine the need for additional turn lane analysis to be provided by the
applicant. As requested by ACRD, the applicant's traffic engineer shall submit a
traffic analysis, which analyzes the need for auxiliary lanes on the arterial
roadways. The analysis should include all prior platted lots, and those included to
be platted with that phase. The traffic engineer shall evaluate warrants based on
District policy in effect at that time of submittal of the turn lane analysis. Staff
encourages the applicant to submit the turn lane analysis PRIOR to submittal of
the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as
determined by ACRD staff, to make certain the turn lanes are constructed as
needed.
26. Construct a northbound right turn lane on Linder Road at the West
Paramount Drive/Linder Road intersection, as recommended by the submitted
traffic impact study. Prior to submittal of the final plat for the 201x` residential lot,
or the platting of the first non-residential lot, whichever comes first, ACRD staff
shall determine the need for additional turn lane analysis to be provided by the
applicant. As requested by ACRD, the applicant's traffic engineer shall submit a
DEVELOPMENT AGREEMENT (AZ-03-006) - 10
traffic analysis, which analyzes the need for auxiliary lanes on the arterial ,
roadways. The analysis should include all prior platted lots, and those included to
be platted with that phase. The traffic engineer shall evaluate warrants based on
District policy in effect at that time of submittal of the turn lane analysis. Staff
encourages the applicant to submit the turn lane'analysis PRIOR to submittal of
the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as
determined by ACRD staff, to make certain the turn lanes are constructed as
needed.
27. Construct an eastbound left turn lane on McMillan Road at the West
Studio Drive/McMillan Road intersection, as recommended by the submitted ,
traffic impact study. Prior to submittal of the final plat for the 201x` residenfial lot,
or the platting of the first non-residential lot, whichever comes first, ACRD staff
shall determine-the need for additional turn lane analysis to be provided by the
applicant. As requested by ACRD, the applicant's traffic engineer shall submit a
traffic analysis, which analyzes the need for auxiliary lanes on the arterial
roadways. The analysis should include all prior platted lots, and those included to
be platted with that phase. The traffic engineer shall evaluate warrants based on
District policy in effect at that time of submittal of the turn lane analysis. Staff
encourages the applicant to submit the turn lane analysis PRIOR to submittal of
the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as
determined by ACRD staff, to make certain the tum lanes are constructed as
needed.
28. Construct a westbound right turn lane on McMillan Road at the West
Studio Drive/McMillan Road intersection, as recommended by the Submitted
traffic impact study. Prior to submittal of the final plat for the 2015` residential lot,
or the platting of the first non-residential lot, whichever comes first, ACRD staff
shall determine the need for additional turn lane analysis to be provided by the
applicant. As requested by ACRD, the applicant's traffic engineer shall submit a
traffic analysis, which analyzes the need for auxiliary lanes on the arterial
roadways. The analysis should include all prior platted lots, and those included to
be platted with that phase. The traffic engineer shall evaluate warrants based on
District policy in effect at that time of submittal of the turn lane analysis. Staff
encourages the applicant to submit the turn lane analysis PRIOR to submittal of
the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as
determined by ACRD staff, to make certain the turn lanes are constructed as
needed. _
DEVELOPMENT AGREEMENT (AZ-03006) - 11
29. Construct a northbound left turn lane on Meridian Road at the West Studio
Drive/Meridian Road intersection, as recommended by the submitted traffic'
impact study. Prior to submittal of the final plat for the 20151 residential lot, or the
platting of the first non-residential lot, whichever comes first, ACRD staff shall
determine the need for additional turn lane analysis to be provided by the.
applicant. As requested by ACRD, the applicant's traffic engineer shall submit a
traffic analysis, which analyzes the need for auxiliary lanes on the arterial
roadways. The analysis should include all prior platted lots, and those included to
be platted with that phase. The traffic engineer shall evaluate warrants based on
District policy in effect at that time of submittal of the turn lane analysis. Staff
encourages the applicant to submit the tum lane analysis PRIOR to submittal of
the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as
determined by ACRD staff, to make certain the turn lanes are constructed as
needed:
30. Construct a southbound right turn lane on Meridian Road at the West
Studio Drive/Meridian Road intersection, as recommended by the submitted
traffic impact study. Prior to submittal of the final plat for the 20150 residential lot,
or the platting of the first non-residential lot, whichever comes first, ACRD staff
shall determine the need for additional turn lane analysis to be provided by the
applicant. As requested by ACRD, the applicant's traffic engineer shall submit a
traffic analysis, which analyzes the need for auxiliary lanes on the arterial
roadways. The analysis should include all prior platted lots, and those included to
be platted with that phase. The traffic engineer shall evaluate warrants based on
District policy in effect at that time of submittal of the turn lane analysis. Staff
encourages the applicant to submit the turn lane analysis PRIOR to submittal of
the final plat, so that the platting process is not delayed, or .major revisions
required. Further analysis may be required with each additional final plat, as
determined by ACRD staff, to make certain the turn lanes are constructed as
needed.
31. Construct a northbound left tum lane on Meridian Road at the West
Producer Street/Meridian Road intersection, as recommended by the submitted
traffic impact study. Prior to submittal of the final plat for the 2015` residential lot,
or the platting of the first non-residential lot, whichever comes first, ACRD staff
shall determine the need for additional turn lane analysis to be provided by the
applicant. As requested by ACHD, the applicant's traffic engineer shall submit a
traffic analysis, which analyzes the need for auxiliary lanes on the arterial
roadways. The analysis should include all prior platted lots, and those included to
DEVELOPMENT AGREEMENT (AZ-03-OOb) - 12
be platted with that phase. The traffic engineer shall evaluate warrants based on
District policy in effect at that time of submittal of the turn lane analysis. Staff
encourages the applicant to submit the turn lane analysis PRIOR to submittal of
the final plat; so that the platting process is hot delayed, or major revisions
required, Further analysis maybe required with each additional final plat, as
determined by ACRD staff, to make certain the turn lanes are ¢ohstructed as
needed.
32. Construct a southbound right turn lane on Meridian Road at the West
Producer Street/Meridian Road intersection, as recommended by the submitted
traffic impact study. Prior to submittal of the final plat for the 201x` residential lot,
or the platting of the first non-residential lot, whichever comes first, ACRD staff
shall determine the need for additional turn lane analysis to be provided by the
applicant. As requested by ACRD, the applicant's traffic engineer shall submit a
traffic analysis, which analyzes the need for auxiliary lanes on the arterial
roadways. The analysis should include all prior platted,lots, and those included to
be platted with that phase. The traffic engineer shall evaluate warrants based on
District policy in• effect at that time of submittal of the turn lane analysis. Staff
encourages the applicant to submit the tum lane analysis PRIOR to submittal of
the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as
determined by ACFID staff, to make certain the turn lanes are constructed as
needed.
33. Construct a northbound left turn lane on Meridian Road at the West
Director StreetlMeridian Road intersection, as recommended by the submitted
traffic impact study. Prior to submittal of the final plat for the 201x` residential lot,
or the platting of the first non-residential lot, whichever comes first; ACRD staff
shall determine khe need for additional turn lane analysis to be provided by the
applicant. As requested by ACRD, the applicant's traffic engineer shall submit a
traffic analysis, which analyzes the need for auxiliary lanes on the arterial
roadways. The analysis should include all prior platted lots, and those included to
be platted with that phase. The traffic engineer shall evaluate warrants based on
District policy in effect at that time of submittal of the turn lane analysis. Staff
encourages the applicant to submit the-turn lane analysis PRIOR to submittal of
the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as
determined by ACRD staff, to make certain the turn lanes are constructed as
needed. -
DEVELOPMENT AGREEMENT (AZ-03-006) - 13
34. Construct a southbound right turn lane on Meridian Road at the West
Director StreetlMeridian Road intersection, as recommended. by the submitted
traffic impact study. Prior to submittal of the final plat for the 201x` residential lot,
or the platting of the first non-residential lot, whichever comes first, ACRD staff
shall determine the need for additional tum lane analysis to be provided by the
applicant. As requested by ACRD, the applicant's traffic engineer shall submit a
traffic analysis, which analyzes the need for auxiliary lanes on the arterial
roadways. The analysis should include all prior platted lots, and those included to
be platted with that phase. The traffic engineer shall evaluate warrants based on
District policy in effect at that time of submittal of the tum lane analysis. Staff
encourages the applicant to submit the turn lane analysis PRIOR to submittal of
the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as
determined by ACRD staff, to make certain the turn lanes are constructed as
needed.
35. Construct a westbound right tum lane on West Studio Drive at the West
Studio Drive/McMillan Road intersection, as recommended by the submitted
traffic impact study.
36. Construct an exclusive eastbound left turn lane on West Studio Drive at
the West Studio Drive/McMillan Road intersection, as recommended by the
submitted traffic impact study.
37. Construct an exclusive northbound left turn lane on West Studio Drive at
the West Studio DrivelMeridian Road intersection, as recommended by the
submitted traffic impact study.
38. Construct an exclusive southbound right turn lane on West Studio Drive at
the West Studio DrivelMeridian Road intersection, as recommended by the
submitted traffic impact study.
39. Construct an exclusive northbound left turn lane on West Producer Street
at the West Producer StreedMeridian Road intersection, as recommended by the
submitted traffic impact study.
40. Construct an exclusive southbound right turn lane on West Producer Street
at the West Producer Street/Meridian Road intersection, as recommended by'the
submitted traffic impact study.
DEVELOPMENT AGREEMENT (AZ-03-006) - 14
41. Construct an exclusive northbound left turn lane on West Director Drive at
the West Director Drive/Meridian Road intersection, as recommended by the
submitted traffic impact study.
42. Construct an exclusive southbound right turn lane on West Director Drive
at the West Director Drive/Meridian Road intersection, as recommended by the
submitted traffic impact study.
43. Construct an exclusive northbound right turn lane on West Paramount
Drive at the West Paramount Drive/Linder Road intersection, as recommended by
the submitted traffic impact study.
44. Construct a combined through/southbound left turn lane on West
Parambunt Drive at the West Paramount Drive/Linder Road intersection, as
recommended by the submitted traffic impact study.
45. Submit District a letter from ITD regarding the said requirements prior to
District approval of the final plat or issuance of a building permit (or other
required permits), whichever occurs first.
46. Other than the access points specifically approved with this application,
direct lot access to Meridian Road, Linder Road and McMillan Road is prohibited
unless otherwise approved by the Ada County Highway District. These
restrictions shall be noted on the final plat.
47. Comply with all Standard Conditions of Approval.
Standard Conditions of Anaroval
1. Any existing irrigation facilities shall be relocated outside of the right-of-
way.
2. All utility relocation costs associated with improving'street frontages
abutting the site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may
be damaged during the constniction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
DEVELOPMENT AOREEMElYT (Ai-03-006) - 15
4. Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact Construction Services at 387-
6280 (with file numbers)'for details.
5. All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval., prior to
issuance of building permit (or other required permits); which incorporates any
required design changes.
7. Construction, use and property development sha116e in conformance with
all applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #197, also known as Ada County
Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within
the right-of-way. Existing utilities damaged by the applicant shall be repaired by
the applicant at no cost to ACHD. The applicant shall be required to call
DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid
unless they are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is
the subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
DEVELOPMENT AGREEMENT (AZ-03-00G) - 1G
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. The project which comprised of single family dwellings will require afire-flow of
1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire
hydrants shall be placed an average of 400' apart. 1997 UFC Appendix lII-A
2. Acceptance of the water supply for `re protection will be by the Meridian
Water Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department. The proposed fire hydrant locations will be submitted to the Public Works
for plan review.
4. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. UFC 901.4.2 &901.3
6. Two points of access will be required for the project or portions of the project that
serve over 50 homes. This will be a concern the way the project is phased in the early
stages of development.
7. Commercial and office occupancies willrequire afire-flow consistent with the
Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an
average of 400' apart. 1997 UFC Appendix lII-A
8. Multi-family residential on the site will require afire-flow of 1500 GPM plus
the amount required by the fire sprinkler demand.
9. All access roads within the project shall have a clear driving surface with a
minimum width of 20' available at all times. Restricted parking on some streets and access
points to fire lanes may be required to maintain a cleaz emergency access which is 20' wide.
UFC 902.2.2.1
10. The phasing plan may require that any roadway greater than 150' in length that
is not provided with an outlet shall. be required to have a approved turn around.
DEVELOPMENT AGREEMENT (A7.-03-0061 - 17
11. The proposed 1107 unit subdivision with an estimated 2.9 residents per
household would have a total estimated population of 3,210 residents at build out. This
will generate an estimated 133 calls for service based on historical trends. The
commercial, schools and churches will have an unknown transient population and will
have an unknown impact on Meridian Fire Department call volumes. The Meridian
Fire Department has experienced 2069 responses in the year 2000 and 2251 calls for
service in 2001. According to a report completed by Fire & Emergency Services
Consulting Group in February of 2000 our requests for service are projected to reach
2800 in the year 2005 and, 3800 by the year 2010.
12. The proposed project lies on the edge of the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is intended to
enhance the probability of a favorable outcome on a request for Basic Life Support.
The budget constraints are typically defined as capital outlay for facilities that are
located within 1.5 miles from a given location and sufficient operational funds to
staff the facilities.
13. It is requested that building sepazations be maintained per the Building Code in
Blocks 32, 33, 34, 35,30, 31, 36, 37 to reduce the possibility of fires being transmitted
from house to house.
D. Adopt the Recommendations of Settlers' Irrigation District as follows:
1. That all irrigation/drainagefadlities along with their easements be protected
and continue to function as such. The laterals involved are the North Slough
#2, North Slough, Knight, Lemp, Harrell, Wolf, and Bisby.
2. A license agreements will need to be signed and recorded prior to
construction of any irrigation facilities.
3. All Storm drainage must be retained on-site.
4. Any changes to the existing imgation system must be approved by Settlers
Irrigation District.
5. The development must supply imgation access to all lots within the above-
' mentioned subdivision. If the developer wishes to have Settlers Irrigation
District-own, operate, and maintain the pressure irrigation system and
agreements needs to be in place prior to the pre-construction meeting.
DEVELOPMENT AGREEMENT (AZ-03-006) - 18
7. 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 "Owners" and "Owner/Developer" or "Owners" and
"Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled
"Conditions Governing Development" of subject "Property" of this agreement within two
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. § 67-6509, or any subsequent
amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owners" and "Owner/Developer" consent upon default to the de-
annexation and/or a reversal of the zoning designation of the "Property" subject to and
conditioned upon the following conditions precedent to-wit:
8.1 That the "City" provide written notice of any failure to comply
with this Agreement to "Owners" and "Owner/Developer" and if
the "Owners" and "Owner/Developer" fails to cure such failure
within six (6) months of such notice.
9. INSPECTION: "Owners" and "Owner/Developer" shall, immediately
upon completion of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City Engineer and
request the City Engineer's inspections and written approval of such completed
improvements or portion thereof in accordance with the terms and conditions of this
Development Agreement and all other ordinances of the "City" that apply to said
Development.
10. DEFAULT:
10.1 In the event "Owners" and "Owner/Developer", "Owners" and
"Owner/Developer'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 by the
"City" upon compliance with the requirements of the Zoning
Ordinance.
DEVELOPMENT AGREEMENT (AZ-03-006) - 19
10.2 A waiver by "City" of any default by "Owners" and
"Owner/Developer" of any one or more of the covenants or
conditions hereof shall apply solely to the breach and breaches
waived and shall not bar any other rights or remedies of "City" or
apply to any subsequent breach of any such or other covenants and
conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owners" and "Owner/Developer's" cost, and submit proof of such recording to
"Owners" and "Owner/Developer", prior to the third reading of the Meridian Zohing
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 with the annexation and zoning of the "Property" contemplated
hereby, the "City" shall execute and record an appropriate instrument of release of this
Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
13. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Owners" and "Owner/Developer", 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.
13.1 In the event of a material breach of this Agreement, the parties
agree that "City" and "Owners" and "Owner/Developer" shall have
thirty (30) days after delivery of notice of said breach to correct the
same prior to the non-breaching party's seeking of any remedy
provided for herein; provided, however, that in the case of any such
default which cannot with diligence be cured within such thirty
(30) day period, if the,defaulting party shall commence to cure the
same within such thirty (30) day period and thereafter shall
prosecute the curing of same with diligence and continuity, then
the time allowed to cure such failure maybe extended for such
period as may be necessary to complete the curing of the same with
diligence and continuity.
DEVELOPMENT AGREEMENT (AZ-03-006) - 20
13.2 In the event the performance of any covenant to be performed
hereunder by either "Owner" and "Owner/Developer" or "City" is
delayed for causes which are beyond the reasonable control of the
party responsible for such performance, which shall include,
without limitation, acts of civil disobedience, strikes or similar
causes, the time for such performance shall be extended by the
amount of time of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code §12-5-3, to insure that installation of the
improvements, which the "Owners" and "Owner/Developer" agrees to provide, if
required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owners" and
"Owner/Developer" agree that no Certificates of Occupancy will be issued until al]
improvements are completed, unless the "City" and "Owners" and "Owner/Developer"
have entered into an addendum agreement stating when the improvements will be
completed in a phased developed; and in any event, no Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed, completed, and
accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Owners" and
"Owner/Developer" agrees to abide by all ordinances of the City of Meridian and the
"Property" 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.
17. 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 United Skates Mail, registered or certified mail,-postage prepaid, return
receipt requested, addressed as follows:
CITY:
OWNERS:
c/o City Engineer RON and BECKY HANKS
City of Meridian 5120 N. Linder Road
33 E. Idaho Ave. Meridian, Idaho 83642
Meridian, ID 83642
DEVELOPMENT AGREEMENT (AZ-03-006) - 21
SHERIDAN KOOYERS
5940 N. Linder Road
Meridian, Idaho 83642
with copy to:
MERIDIAN JOINT SCHOOL DISTRICT
NO.2
911 N. Meridian Road
Meridian, Idaho 83642
DWAIlVE and SHARON WOLFS
4895 N. Meridian Road
Meridian, Idaho 83642
OWNER/DEVELOPER:
City Clerk PARAMOUNT, LLC
City of Meridian 12426 W. Explorer Drive, Suite 220
33 E. Idaho Ave. Boise, Idaho 83713
Meridian, ID 83642
17.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. 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.
19. TIME LS 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.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit of the parties' respective heirs, successors, assigns and
.personal representatives, including "City's" corporate authorities and their successors in
DEVELOPMENT AGREEMENT (AZ-03-006) - 22
~' ~~_.
office. This Agreement shall be binding on the "Owners" and "Owner/Developer" 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
"Owners" and "Owner/Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "Owners" and "Owner/Developer" has fully performed its obligations
under this Agreement.
21. 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.
22'. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements; agreements, condition and understandings between "Owners" and
"Owner/Developer" 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 "Owners" and "Owner/Developer" and "City", other than as are stated
herein. Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the parties hereto unless
reduced to writing and signed by them or their successors in interest or their assigns, and
pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City".
22.1 No condition governing the uses and/or conditions governing development
of the subject "Property" herein provided for can be modified or amended
without the approval of the City Council after the "City" has conducted
public hearing(s) in accordance with the notice provisions provided for a
zoning designation and/or amendment in force at the time of the proposed
amendment.
23. 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.
DEVELOPMENT AGREEMENT (AZ-03-006) - 23
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
OWNERS/HANKS:
BY
STATE OF IDAHO )
COUNTY OF ADA )
ss:
S~
On this ~ dad' of , in the year 2003, before
me, ~o n,~ ~ ¢~. ~A-G-Lvi,,y,-S a Notary Public, personally appeared RON HANKS
and BECKY HANKS, husband and wife, known or identified to me to be the persons who
executed the instrument and acknowledged to me that they executed the same.
~s90msaee9~aaa®e,~ao
o+ ~. LA., Aso
~~~®oe~~y~~~ooo®m°~~ ~a~
(SEAL) ®°~ a = Notary Public for Idaho.
~ ° G ° " Residing at:
m ®° '°U~L~ o°
ao~ ~ °°° °°° ~ o",, Commission expires: / 0 S
DEVELOPMENT AGREEMENT (AZ-03-006) - 24
~.
OWNERS/KOOYERS:
BY: ~_ 1~' ~ _
Sheridan Kooyers
STATE OF IDAHO )
COUNTY OF ADA )
ss:
On this a a day of -~ w) ~ , in the year 2003, before
me, ALA r. )P ~- 1_ ~O n c 7 a Notary Public, personally appeared SHERIDAN
KOOYERS, known or identified to me to be the person who executed the instrument and
acknowledged to me that he executed the same.
(SEAL) ••••.•°~glf N:.:;;Bo~~,,
~~ StpTggy';r'
*~ ~•~ :*
'~ .pUBLiG ~.
~O
Not Public for Idah
Residing at: ~ ~
Commission ex fires: 8 ~ 08
DEVELOPMENT AGREEMENT (AZ-03-006) - 25
OWNERS/WOLI+'$:
STATE OF IDAHO )
COUN'T'Y OF ADA )
ss:
On this ~~a day of J ~.~,) u , in the year 2003, before
me, /~')a r. I Pa L_ 3 o n c z a Notazy Public, perms sonally appeared DWAINE and
SHARON WOI~ husband and wife, known or identified to me to be the persons who
executed the instrument and acknowledged to me that they executed the same:
4- •. (''
,~: ~o~ARy•.2
(SEAL) ~~ _
•. .•• ¢ ;
eee ~~ •4•••••• Q„ w
~~./Ldd/l...A'te~ c3~ ~ C~3~
No ary Public for Idaho
Residing at 2r,' fa., T3~
Commission expires: 3a O
DEVELOPMENT AGREEMENT (AZ-03-006) - 27
~r
STATE OF IDAHO )
COUNTY OF ADA )
ss:
t, ~
1 On is
T~-~ C i 0. .~IA.~LC 0./~
ih'~-i h.G ~DV~vI~C ~~
OWNERS/MERIDIAN JOINT SCHOOL
DISTRICT N0.2
BY
BY: ~ • ~2/
day of S~
_aNotaryP
and
in the year 2003, before
known or identified to me to be the ~itpe~-'~w-l~dc~i and
~~ for MERIDIAN JOINT SCHOOL DISTRICT
NO, 2, and the persons who executed the instrument and acknowledged to me that they
executed the same on behalf of MERIDIAN JOINT SCHOOL DISTRICT N0.2.
Gip A. DpN
(SEAL) ~QS r' ~
+y~ ~pTA,~y ~~
_ * ~~~
PlIB~~G ~
4'~.gTB OF 1pP~;~ ~
~czt,.tu:a. Q .~wuco,,w.
Notary Publ~ic nfo,r Idaho
Residing at / Vt.P/~.! dt Gnu.,
Commission expires: 3 ~ a 7- 0 9
DEVELOPMENT AGREEMENT (A~03-006) - 26
Attest:
OWNERS/DEVELOPIE~R/PARAMOUNT, LLC:
BY:
Y~~nr~~~
BY:
~~.~}.l-.~/
STATE OF IDAHO )
:ss
COUNTY OF ADA )
On this ~ ~~' day of , in the year
2003, before me,~l~~~~ti A. f{~.,~.A~ a Notary ublic, personally appeared
~~lp fr(.TU~'r~~auL9_. artd ~+°~ o-/ Imo. ~ahns-cs---~ - ,
known or ident'fied to me to be the---r_r~i~`~rep~i~~ ~ LLB and
l.'~,,,.'~'~`ix-v~ ~-,.-~~ ~ ~L~of PARAIvIOUNT, LLC, and the persons who executed
the instrument and acknowledged to me that they having e~e~uted the same on behalf of said
limited liability corporation. ~ ~
)~" `~3'
~~ wpw
'AZdBbY~G
-~m ~
I~otaryi'Gblic for Idaho
* Residing at: ~y~(~d `~-~i ~``~`"°
Commission expires: (D - ~ - Z° ° ~
DEVELOPMENT AGREEMENT (AZ-03-OO~i) - 23
CITY OF MERIDIAN
BY:
w e n vin
~~~
~afr ~/ a~eGcleJeFd, /~
Attest: v\\\N"„~~~~\Il~nlCf ~~~„rfi KeivZ`-' (-/>~J C--JG(i3•Gc.~i
-rQ~ TF~
~ ,
"' REAL
ITY CLERK r ~~
,,, p oP `,,,°
STATE OF IDAHO )
:ss
County of Ada )
On this '~~h day of ~~lA'~ , in the year 2003,
before me, a Notary Public, personally appeared~eljerEB~~ie d William G. Berg,
know or identified to me to bath ~l~~n~,C~l~r~',~res~ctivelj~,fof the City of Meridian,
who executed the instrument or`~he person that executed the instrument of behalf of said
City, and acknowledged to me that such City executed the same.
(SEAL)
~l ztx~
Notary Public for Idab
Residing at: ' . ~O~~x ,~dc:~v~
Commission expires:!#-Zg-iOS
DEVELOPMENT AGREEMENT (A'L-03-006) - 29
EXHIBIT A
Leal Description Of Property
(The owners of record of the subject property are: Ron and Becky Hanks,
5120 N. Linder Road, Meridian, Idaho 83642 (Parcel No. s0425336040),
Sheridan Kooyers, 5940 N. Linder Road, Meridian, Idaho 83642 (Pazcel
No. x0425233800 and Parcel No. x0425233875), Meridian Joint School
District No. 2, 911 N. Meridian Road, Meridian, Idaho (Parcel No.
x0425325460), Paramount, LLC, 12426 W. Explorer Drive, Suite 220,
Boise, Idaho 83713 (Parcel No. x0425110100, Parcel No. x0425120605,
Parcel No. x0425141825, Parcel No. x0425141900, Parcel No.
§0425233605, Parcel No. x0425233690, Parcel No. x0425233910, Parcel
No. x0425325470, and Parcel No. x0425336080), and Dwaine and Sharon
Wolfe, 4895 N. Meridian Road, Meridian, Idaho 83642, (Parcel No.
x0425131750, Parcel No. x0425417200, and Parcel No. x0425427800).
Applicant is Paramount, LLC, 12426 W. Explorer Drive, Suite 220, B_ oise,
Idaho 83704)
PARAMOUNT SUBDIVISION TOTAL ANNEXATION PARCEL
DESCRIPTION
A parcel of land located in Section 25, T. 4N., R. 1 W., B.M., Ada County,
Idaho, more particularly described as follows:
at the section corner common to Sections 25, 26, 35 and 36
of said T. 4N., R. 1 W.;
Thence North 00°25' 11" East, 1318.88 feet on the section line common to
said Sections 25 and 26 to the South 1/16a` section corner common to said
Sections 25 and 26;
Thence South 89°25'33" East, 500.00 feet on the northerly boundary line
of the SW'/a of the SW ~/a of said Section 25;
Thence North 00°25' 11" East, 212.00 feet;
Thence North 89°25'33" West, 500.00 feet to a point on the section line
common to said Sections 25 and 26;
Thence North 00°25' 11" East, 933.25 feet on said. section line;
DEVELOPMENT AGREEMENT (AZ-03-006) - 30
Thence North 89°44'07" East, 175.88 feet;
Thence North 00°13'37" West, 171.11 feet to a poitit on the east-west
mid-section line of said Section 25;
Thence North 89°27'08" West, 173.93 feet on said east-west mid-section
line to a point on the section line common to said Sections 25 and 26;
Thence North 00°55' 13" East, 1028.83 feet on said section line;
Thence South 89°24'37" East, 726.00 feet;
Thence North 00°55' 13" East, 300.00 feet to a point on'the southerly
boundary line of the NW'/a of the NW'/a of said Section 25;
Thence South 89°24'37" East, 1952.46 feet on said southerly boundary
line and on the southerly boundary line of the NE'/a of the NW'/a of said
Section 25, to a point on the north-south mid-section line of said Section
25;
Thence North 00°32'25" East, 702.92 feet on said north-south mid-section
line;
Thence South 86°15'58" East, 367.17 feet;
Thence North 00°32'25" East, ti45.38 feet to a point on the section line
common to Sections 24 and 25 of said T. 4N., R. 1W.;
Thence South 89°37'01" East, 110.02 feet on the section line common to
said Sections 24 and 25;
Thence South 00°33'36" West, 467.23 feet to a point of curve;
Thence 54.60 feet along the arc of a curve to the left, said curve having a
radius of 70.00 feet, a central angle of 44°41'21" and a chord distance of
53.22 feet which bears South 21°47'04" East;
Thence South 44°07'45" East, 202.07 feet to a point of curve;
DEVELOPMENT AGREEMENT (AZ-03-006) - 31
Thence 179.37 feet along the arc of a curve to the right, said curve having
a radius of 230.00 feet, a central angle of 44°41'01" and a chord distance
of 174.86 feet which bears South 21°47'15" East;
Thence South 00°33'16" West, 152.99 feet;
Thence South 89°36'40" East, 701.97 feet to a point of curve;
Thence 77.05 feet along the arc of a curve to the right, said curve having a
radius of 95.00 feet, a central angle of 46°28'07" and a chord distance of
74.95 feet which bears North 51°53'49" East;
Thence South 89°36'40" East, 50.00 feet to a point of curve;
Thence 77.05 feet along the arc of a curve to the right, said curve having a
radius of 95.00 feet, a central angle of 46°28'08" and a chord distance of
74.95 feet which bears South 51°07'09" East;
Thence South 89°36'40" East, 1096.6 feet to a point on the easterly
section line of said Section 25;
Thence South 00°25'U9" West, 213.80 feet on the easterly section line of
said Section 25;
Thence North 70°23'U9" West, 345.25 feet;
Thence South 00°24'33" West, 701.28 feet;
Thence North 89°34'44" West, 94.14 feet;
Thence North 78°26'30" West, 962.67 feet;
Thence South 00°02'30" East, 334.37 feet;
Thence South 70°41' 13" East, 239.28 feet;
Thence South 00°11'32" West, b55.52 feet to a point on the east-west
mid-section line of said Section 25;
Thence South 89°27'28" East, 1132.94 feet on said mid-section line to the
East'/a section comer of said Section 25;
DEVELOPMENT AGREEMENT (AZ-03-006) - 32
Thence South 00°23'20" West, 2640.13 feet on the easterly section line of
said Section 25 to the southeast comer of said Section 2S;
Thence North 89°27'26" West, 1340.92 feet on the section line common
to Sections 2S and 36 of said T. 4N., R. 1W., to the East 1/16`h section
corner common to said Sections 25 and 36;
Thence North 00°27'49" East, 660.02 feet on the easterly boundary line of
the S''/z of the SW'/a of the SE'/a of said Section 2S to the Northeast
comer of the S'/z of the SW'/a of the SE'/a of said Section 25;
Thence North 89°27'28" West, 1340.10 feet on the northerly boundary
line of said S'/z to the northwest corner of said S'/z of the 5W'/a of the SE
'~;
Thence North 00°32'OS" East, 660.01 feet on the north-south mid-section
line of said Section 25 to the Center-South 1/16`h section corner of said
Section 25;
Thence North 89°25'33" West, 2013.32 feet on the northerly boundary
line of the SE'/a of the SW'/a and the SW'/a of the SW'/a of said Section
2S;
Thence South 00°26'S8" West, 1319.17 feet to a point on the section line
common to said Sections 25 and 36;
Thence North 89°24'OS" West, 67C ~6 feet on the section line common to
said Sections 2S and 36 to the real point of beginning. Said parcel
contains 397.11 acres more or less.
PARAMOUNT SUBDIVISION R-8 ZONE PARCEL DESCRIPTION
A parcel of land located in Section 25, T. 4N:, R. 1 W., B.M., Ada County,
Idaho, more particularly described as follows:
Commencing at the section comer common to Sections 2S, 26, 35 and 36
of said T. 4N., R. 1 W.;
DEVELOPMENT AGREEMENT (AZ-03-006) - 33
Thence North 00°25' 11"East, 1318.88 feet on the section line common to
said Sections 25 and 26 to the South 1/16`" section corner common to said
Sections 25 and 26;
Thence South 89°25'33" East, 500.00 feet on the northerly boundary line
of the SW'/a of the SW'/a of said Section 25 to the REAL POINT OF
BEGINNING;
Thence North 00°25' 11"East, 212.00 feet;
Thence North 89°25'33" West, 500.00 feet to a point on the section line
common to said Sections 25 and 26;
Thence North 00°25' 11" East, 933.25 feet on said section line;
Thence North 89°44'07" East, 175.88 feet;
Thence North 00°13'37" West, 171.11 feet to a point on the east-west
mid-section line of said Section 25;
Thence South 89°27'08" East, 913.84 feet on said east-west mid-section
line;
Thence North 44°26'32" West, 508.40 feet;
Thence North 00°55' 15" East, 968.74 feet to a point on the southerly
boundary line of the NW'/a of the NW'/a of said Section 25;
Thence South 89°24'37" East, 1952.44 feet on said southerly boundazy
line and on the southerly boundazy line of the NE'/a of the NW ~/a of said
Section 25, to a point on the north-south mid-section line of said Section
25;
Thence North 00°32'25" East, 702.92 feet on said north-south mid-section
line;
Thence South 86°15'58" East, 367.17 feet;
Thence North 00°32'25" East, 645.38 feet to a point on the section line
common to Sections 24 and 25 of said T. 4N., R. 1 W.;
DEVELOPMENT AGREEMENT (AZ-03-006) - 34
Thence South 89°37'01" East, 110.02 feet on the section line common to
said Sections 24 and 25;
Thence South 00°33'36" West, 467.23 feet to a point of curve;
Thence 54.60 feet along the arc of a curve to the left, said curve having a
radius of 70.00 feet, a central angle of 44°41'21" and a chord distance of
53.22 feet which beazs South 21°47'04" East;
Thence South 44°07'45" East, 202.07 feet to a point of curve;
Thence 179.37 feet along the azc of a curve to the right, said curve having
a radius of 230.00 feet, a central angle of 44°41'01" and a chord distance
of 174.86 feet which bears South 21°47' 15" East;
Thence South 00°33'16" West, 152.99 feet;
Thence South 89°36'40".East, 701.97 feet to a point of curve;...
Thence 77.05 feet along the arc of a curve to the right, said curve having a
radius of 95.00 feet, a central angel of 46°28'07" and a chord distance of
74.95 feet which bears North 51°53'49" East;
Thence South 89°36'40" East, 50.00 feet to a point of curve;
Thence 77.05 feet along the arc of a curve to the right, said curve having a
radius of 95.00 feet, a central angle of 46°28'08" and a chord distance of
74.95 feet which bears South 51°07'09" East;
Thence South 89°36'40" East, 1096.96 feet to a point on the easterly
section line of said Section 25;
Thence South 00°25'09" West, 213.80 feet on the easterly section line of
said Section 25;
Thence North 70°23'09" West, 345.25 feet;
Thence South 00°24'33" West, 701.28 feet;
Thence North 89°34'44" West, 94.14 feet;
DEVELOPMENT AGREEMENT (AZ--03-006) - 35
Thence North 78°26'30" West, 962.67 feet;
Thence South 00°02'30" East, 334.37 feet;
Thence South 70°41' 13" East, 239.28 feet;
Thence South 00°11'32" West, 655.52 feet to a point on the east-west
mid-section line of said Section 25;
Thence South 89°27'28" East, 515.03 feet on said mid-section line;
Thence South 00°23'20" West, 637.69 feet;
Thence South OS°19' 18" East, 50.25 feet;
Thence South 00°23'20" West, 633.28 feet to a point on a curve;
Thence 21.58 feet along the arc of a curve to the left, said curve having a
radius of 250.00 feet, a central angle of 4°56'43" and a chord distance of
21.57 feet which bears South 68°31'27" West to a point of compound
curve;
Thence 895.49 feet along the arc of a curve to the left, said curve having a
radius of 1306.62 feet, a central angle of 39°16'03" and a chord distance
of 878.06 feet which bears South 46°25'04" West to a point of compound
curve;
Thence 42.71 feet along the arc of a curve to the left, said curve having a
radius of 250.00 feet, a central angle of 9°47' 14" and a chord distance of
42.65 feet which bears South 21°53'26" West;
Thence North 89°27'28" West, 1399.66 feet, a portion of this line is on the
northerly boundary line of the S'/z of the SW'/a of the SE'/a of said
Section 25, to the northwest corner of said S'/z of the SW'/a of the SE'/a;
Thence North 00°32'05" East, 660.01 feet on the north-south mid-section
line of said Section 25 to the Center-South 1l16`h section corner of said
Section 25;
DEVELOPMENT AGREEMENT (AZ-03-006j - 36
Thence North 89°25'33" West, 2184.46 feet on the northerly boundary
line of the SE'/a of the SW'/a, and the northerly boundary line of the SW
'/a of the SW'/a of said Section 25 to the real point of beginning. Said
pazcel contains 303.56 acres more or less.
PARAMOUNT SUBDIVISION 17.6 ACRE R-40 ZONE PARCEL
DESCRIPTION
A parcel of land located in the East'/x of the SE'/a of Section 25, T. 4N.,
R. 1 W., B.M., Ada County, Idaho, more particularly described as follows:
Commencing at the East'/a section corner of Section 25 of said T. 4N., R.
1W.;
Thence South 00°23'20" West, 1305.13 feet on the easterly section line of
said Section 25 to the REAL POINT OF BEGINNING;
Thence continuing South 00°23'20" West, 435.00 feet on said, easterly
section line;
Thence North 89°36'40" West, $97.58 feet;
Thence South 00°32'34" West, 897.58 feet to a point on the section line
common to Sections 25 and 36 of said T. 4N., R: 1 W.;
Thence North 89°27'26" West, 440.92 feet on said section line common to
Sections 25 and 36 to the East 1/16`" Section corner common to said
Sections 25 and 36;
Thence North 00°27'49" East, 660.02 feet to the northeast corner of the
South''/z of the SW'/a of the SE 1/a of said Section 25;
Thence South 89°27'28" East, 59.56 feet to a point on a curve;
Thence 42.70 feet along the arc of a curve to the right, said curve having a
radius of 250.00 feet, a central angle of 09°47' 14" and a chord distance of
42.65 feet which bears North 21°53'26" East to a point of compound
curve;
DEVELOPMENT AGREEMENT (AL-03-006) - 37
Thence 895.49 feet along the arc bf a curve to the right, said curve having
a radius of 1306.62 feet, a central angle of 39°16'03" and a chord distance
of 878.06 feet which bears North 46°25'04" East to a point of compound
curve;
Thence 106.19 feet along the arc of a curve to the right, said curve having
a radius of 250.00 feet, a central angle of 24°20' 14" and a chord distance
of 105.39 feet which bears North 78°13' 13" East; -
Thence South 89°36'40" East, 529.90 feet to the real point of beginning.
Said parcel contains 17.59 acres more or less.
PARAMOUNT SUBDIVISION 18.4 ACRE L-0 ZONE PARCEL
DESCRIPTION
A parcel of land located in the NE'/a of the SE'/a of Section 25, T. 4N., R.
1 W., B.M.; Ada County, Idaho, more particularly described as follows:
BEGINNING at the East ~/a section corner of Section 25, of said T. 4N., R.
1W.;
Thence South 00°23`20" West, 1305.13 feet on the easterly section line of
said Section 25;
Thence North 89°36'40" West, 529.90 feet to a point of curve;
Thence 84.61 feet along the arc of a curve to the left, said curve having a
radius of 250.00 feet, a central angle of 19°23'31" and a chord distance of
84.21 feet which bears South $0°41'34" West;
Thence North 00°23'20" East, 633.28 feet;
Thence North OS°19' 18" West, 50.25 feet;
Thence North 00°23'20" East, 637.69 feet to a point on the east-west mid-
section line of said Section 25;
Thence South 89°27'28" East, 617.91 feet on said east-west mid-section
line to the real point of beginning. Said parcel contains 18.46 acres more
or less.
DEVELOPMENT AGREEMENT ;AZ-03-U06) - 38
PARAMOUNT SUBDIVISION 18.6 ACRE L-O ZONE PARCEL
DESCRIPTION
A parcel of land located in the SW t/a of the NW ~/a of Section 25, T. 4N.,
R. 1W., B.M., Ada County, Idaho, more particularly described as follows:
Commencing at the section corner common to Sections 25, 26, 35 and 36
of said T. 4N., R: 1W.;
Thence North 00°25' 11"East, 2637.72 feet on the section line common to
said 5eatiotis 25 and 26 to the i/a section corner common fo said Sections
25 and 26, said point being the REAL POINT OF BEGINNING;
Thence North 00°55' 15" East, 1028.83 feet on the section line common to
said Sections 25 and 26;
Thence South 89°24'37" East, 726.00 feet;
Thence South 00°55'15" West, 668.74 feet;
Thence South 44°26'32" East, 508.40 feet to a point on the east-west mid-
section line of said Section 25;
Thence North 89°27'08" West, 1087.77 feet on said east-west mid-section
line to the real point of beginning. Said parcel contains 18.63 acres more
or less.
PARAMOUNT SUBDIVISION 20-ACRE ZONE C-G PARCEL
DESCRIPTION
A parcel of land located in the S W'/a of the SW '/a of Section 25, T. 4N.,
R. 1W., B.M., Boise, Ada County, Idaho, more particularly described as
follows:
BEGINNING at the section corner common to Sections 25, 26, 35 and 36
of said T. 4N., R. 1 W., said point being the intersection of North Linder
Road and West McMillan Road;
DEVELOPMENT AGREEMENT (AZ-03-006) - 39
Thence North 00°25' 11" East; 1318.88 feet'on the section line common to
said Sections 25 and 26 to the northwest corner of the SW'/a of the SW'/a
of said Section 25;
Thence South 89°25'33" East, 671.14 feet on the northerly boundary line
of said SW'/a of the SW'/a;
Thence South 00°26'58" West, 1319.17 feet to a point on the section line
common to'said Sections 25 and 36;
Thence North 89°24'05" West, 670.46 feet on the section line common to
said Sections 25 and 36 to the real point of beginning. Said parcel
contains 20.31 acres.
PARAMOUNT SUBDIVISION 18.5 ACRE C-G ZONE PARCEL
DESCRIPTION
A pazcel of land located in the SE'/a of the SE'/a of Section 25, T. 4N., R.
1 W., B.M., Ada County, Idaho, more particulazly described as follows:
Commencing at the East'/a section comer of Section 25 of said T. 4N., R.
1 W.;
Thence South 00°23'20" West, 1740.13 feet on the easterly section line of
said Section 25 to the REAL POINT OF BEGINNING;
Thence continuing South 00°23'20" West, 900.00 feet on said easterly
section line to the southeast corner of said Section 25;
Thence North 89°27'26" West, 900.00 feet on the section line common to
Sections 25 and 36 of said T. 4N., R. 1 W.;
Thence North 00°32'34" East, 897.58 feet;
Thence South 89°36'40" East, 897.58 feet to the real point of beginning.
Said parcel contains 18.55 acres more or less:
DEVELOPMENT AGREEMENT (AZ-03-006) - 40
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Aanroval
llEVELOPMENT AGREEMENT (AZ-03-OOb) - 4l
,~
BEFORE THE MERIDIAN CITY COUNCIL
C/C 05/20/03
C/C 06-03-03
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 397.11 ACRES
FOR PROPOSED PARAMOUNT
SUBDIVISION, LOCATED WITHIN
THE SQUARE MILE OF CHINDEN
ROAD, MERIDIAN ROAD,
McMILLAN ROAD, AND CINDER
ROAD, MERIDIAN, IDAHO
PARAMOUNT, LLC,
APPLICANT
on May 20, 2003, and continued until June 3, 2003, at the hour of 7:00 p.m., and Anna Powell
Planning Director for the Planning and Zoning Department, Brad Watson of the Public Works
Department, Mike Wardle, JoAnn Butler, Brian McColl, Ken Aschenbrenner, Becky McKay,
Greg Johnson, David Turnbull, and Bruce Mills, appeared and testified, and the City Council
having duly considered the evidence and the record in this matter therefore makes the following
Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
Case No. AZ-03-006
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public hearing
1 • There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 1 OF 37
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3 • The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 397.11 acres in size and is located within
the square mile of Chinden Road, Meridian Road, McMillan Road and Linder Road, Meridian,
Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service
Planning Area as defined in the Meridian Comprehensive Plan.
4. The owners of record of the subject property are; Ron and Becky Hanks, 5120 N.
Linder Road, Meridian, Idaho 83642 (Parcel No. x0425336040), Sheridan Kooyers, 5940 N.
Linder Road, Meridian, Idaho 83642 (Parcel No. x0425233800 and Parcel No. x0425233875),
Meridian Joint School District No. 2, 911 N. Meridian Road, Meridian, Idaho (Parcel No.
x0425325460), Paramount, LLC, 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83713
(Parcel No. x0425110100, Parcel No. x0425120605, Parcel No. x0425141825, Pazcel No.
x0425141900, Parcel No. x0425233605, Pazce] No. x0425233690, Parcel No. x0425233910,
Parcel No. x0425325470, and Parcel No. x0425336080), and Dwaine and Sharon Wolfe, 4895 N.
Meridian Road, Meridian, Idaho 83642, (Pazcel No. x0425131750, Parcel No. x042 54 1 72 00, and
Parcel No. x0425427800). Applicant is Paramount, LLC, 12426 W. Explorer Drive, Suite 220,
Boise, Idaho 83704.
5. The property is presently zoned RUT and Rl (Ada County), and consists of vacant
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 2 OF 37
land.
6. The Applicant requests the property be zoned as R-8 (Medium Density
Residential), R-40 (High Density Residential), L-O (Limited Office), and C-G (General Retai]
and Service Commercial).
7. The subject property is bordered to the north by rural residential(zoned RUT and
Rl, Ada County), to the south by rural residential (zoned RUT, Ada County) and the proposed
Cedaz Springs North Subdivision (zoned R-8), to the east by rural residential (zoned RUT, Ada
County), and to the west by the Lochsa Falls Subdivision (zoned R-4) and several rural
residential properties (zoned RUT, Ada County).
8. The Applicant proposes to develop the subject property in the following manner: _
Planned Development consisting of 764 single-family building lots, 73 townhouse lots, 270
apartments, 4 mixed-use areas with approximately 577,606 s.f. of office and retail space, and 32
common lots on 392.17 acres in proposed R-8, R-40, L-O and C-G zones.
9. The Applicant requests zoning of the subject real property as R-8, R-40, L-O and
C-G, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Low Density Residential, Medium Density Residential,
and Mixed Use -Neighborhood.
10. There are no significant or scenic features of major importance that affect the
consideration of this application.
1 I . The City Council recognizes the concerns of Capt. Bill Musser, Meridian Police
Department in a memo dated March 19, 2003, and Wendel Bigham, Joint School District No. 2,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTIIVG APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 3 OF 37
expressed in his letter dated February 12, 2003, and the concerns of Robert C. Rhead expressed
in his letter dated May 19, 2003.
12. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A• Adopt the Recommendations of the Meridian planning & Zoning Department as follows:
1 • Remove any existing domestic wells and/or septic systems within this project from
their domestic service, per City Ordinance Section 5-7-517, when services aze available from
the City of Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation. -
2• All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shal] be tiled per City
Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage
district, or lateral users association (ditch owners), with written approval or non-approva]
submitted to the Public Works Department. If lateral users association approval can't be
obtained, plans will be reviewed and approved by the Meridian City Engineer prior to
final plat signature.
3 • A Development Agreement shall be entered into between the Developer and the City
of Meridian that will require, among other conditions, that all future commercial, townhouse,
and multi-family uses obtain conditional use permit approval prior to development, the
construction of the multi-use pathway, and limiting Lots 1-13, Block 32, Lots 1-12, Block
33, Lots 1-12 Block 34 and Lots 1-13, Block 35 to attached and townhouse construction only
and limiting Lots 1-13 Block 30, Lots 1-2 Block 31, Lots 1-12 Block 36, and Lots 1-13
Block 37 to one dwelling per lot.
4• The applicant shall negotiate with the City of Meridian as to the location of a
permanent easement and temporary construction easement through the project to
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONIlVG pARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 4 OF 37
Meridian Road for the North Slough Sewer Trunk after the Preliminary Plat approval.
(Per the action of the City Council taken at their June 3, 2003 meeting.)
action of the City Council taken at their June 3, 2003 meeting.) • Weleted per
B. Adopt the Recommendations of the ACHD as follows:
Site Syecifio Conditions of Approval
1 • The applicant shall do one of the following requirements for Meridian Road:
a. Dedicate by donation an additional 10-feet ofright-of--way along Meridian
Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian
Road, located a minimum of 28-feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from
the centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Meridian Road, located at the back edge of the
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
2. The applicant shall do one of the following requirements for Linder Road:
a. Dedicate by donation an additiona123-feet ofright-of--way along Linder
Road, and construct a minimum 5-foot wide concrete sidewalk along Linder
Road, located a minimum of 41-feet from the centerline oftheright-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Linder Road, located a minimum of 41-feet from
the centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Linder Road, located at the back edge of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 5 OF 37
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
3 • The applicant shall do one of the following requirements for McMillan Road:
a. Dedicate by donation an additional 10-feet ofright-of--way along
McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along
McMillan Road, located a minimum of 28-feet from the centerline of the right-of-
way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from
the centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along McMillan Road, located at the back edge of the
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
4. Construct West Studio Drive to intersect North Meridian Road approximately
1,300-feet north of McMillan Road, as proposed.
5. Construct West Producer Street to intersect Meridian Road approximately 2,470-
feet north of McMillan Road, as proposed.
6. Construct West Director Street to intersect Meridian Road approximately 960-feet
south of Chinden Boulevard, as proposed.
7. Construct West Paramount Drive approximately 2,420-feet south of Chinden
Boulevard to align with West Cayuse Avenue (amain entrance that was approved on May
22, 2002 as a part of Lochsa Falls Subdivision), as proposed.
8. Construct West Studio Drive to intersect McMillan Road approximately 1,260-
feet west of Meridian Road, as proposed.
9. Relocate the intersections of West Dreyfus Street/Producer Avenue and the North
Lange Avenue/Producer Avenue to provide a minimum offset of 125-feet (measured from
centerline to centerline).
10. Construct:
North Cinema Way (from Chinden Boulevard to West Director Street),
West Director Street (from Meridian Road to North Cinema Way),
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 6 OF 37
• West Producer Street (from Meridian Road to North Mitchum Avenue),
• West Studio Drive (from Meridian Road to McMillan Road) and
• West Paramount Drive (from Linder Road to North Arliss Avenue)
as 40-foot street sections with vertical curb, gutter and 5-foot attached concrete sidewalk
within 54-feet ofright-of--way.
11. Construct:
• West Pazamount Drive (from North Arliss Averiue to North Cinema Way),
• North Bergman Avenue (from West Paramount Drive to the north property
line),
• North Cinema Way (from West Director Street to West Colbert Street),
• North Chaplin Drive (from North Cinema Way to North Cinema Way),
• West Gable Street (from North Cinema Way to West Producer Street) and
• West Producer Street (from North Mitchum Avenue to North Hopkins
Avenue)
as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk,
as proposed.
12. Construct the remainder of the internal roadways as 33-foot street sections with -
curb, gutter, 5-foot attached concrete sidewalk and parking on both sides of the roadway
within 50-feet ofright-of--way, as proposed. Submit documentation showing the review
and approval from the Meridian Fire Department.
13. Extend North Wayman Avenue as a stub street to the south property line
approximately 1,900-feet west of Meridian Road, as proposed. Install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED 1N THE
FUTURE"
14. Extend North Cinema Way as a stub street to the south property line
approximately 2,050-feet east of Linder Road, as proposed. Install a sign at the terminus
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
15. Extend North Bergman Avenue as a stub street to the north property line
approximately 1,220-feet east of Linder Road, as proposed. Install a sign at the terminus
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
***See Finding for Consideration B item #7.
16. Extend North Arliss Avenue as a stub street to the north property line
approximately 820-feet east of Linder Road, as proposed. Install a sign at the terminus of
the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
(AZ-03-OAN 6 RATION AND ZONING PARAMOUNT SUBDIVISION
PAGE 7 OF 37
17. Provide access to West Producer Street (by a stub street or by shifting the roadway
to the north) for the undeveloped pazcels located directly to the north (the Packard and
Mastropaolo properties).
18. Construct a 16-foot wide residential alley between West Oliver Street and West
Peck Street and West Studio Drive and West Producer Street, as proposed. Improve the
alley its full width and provide a minimum ofback-of--curb radius of I S-feet at all alley
intersections. Parking shall be designed so the minimum clear distance from the back of
the pazking stall to the opposite side of the alley is 22-feet for perpendicular parking. Any
access to an alley shall be located a minimum of 25-feet from the nearest public street.
Parking in the alley is prohibited.
19. Construct a 16-foot wide residential alley between West Poitier Street and West
Peck Street and West Studio Drive and West Producer Street, as proposed. Iimprove the
alley its full width and provide a rr>inimum ofback-of--curb radius of 15-feet at all alley
intersections. Parking shall be designed so the minimum clear distance from the back of
the pazking stall to the opposite side of the alley is 22-feet for perpendicular parking. An
access to an alley shall be located a minimum of 25-feet from the nearest public street.
Pazking in the alley is prohibited.
20. Construct three roundabouts within the publicright-of--way, as proposed.
• On West Director Street (mid way between Meridian Road and North
Cinema Way)
• At the intersection of Chaplin Street and North Dietrich Avenue
• At the intersection of Cagney Street and North Dietrich Avenue
The roundabouts shall be designed with a minimum ofa 21-foot street section on either side
of the center islands. The applicant will be required to dedicate sufficient right-of--way on
either side of an island. Coordinate the size and design of the roundabouts with traffic
services staff.
21. Do not construct a roundabout at the intersection of North Bergman Avenue and
Bacall Street unless a temporary turnaround is constructed at the terminus of North
Bergman Avenue or North Bergman Avenue will be extended at the time that this portion
of the preliminary plat is final platted.
22. Construct one knuckle with an island in the center, as proposed. Construct the
island to be a minimum of 4-feet wide with a minimum area of 100-square feet and
designed to safely channel traffic. The roadway around the traffic island shall maintain a
minimum ofa 29-foot street section. The design shall be reviewed and approved by
ACHD's Traffic Services staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONIIVG PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 8 OF 37
23 • When the District receives a formal application for the multi-family use and/or the
commercial use, the District will review and approve driveway locations in accordance
with the policies and guidelines that are in effect at that time. The District's current
policies are provided for informational purposes only and can be found in Findings for
Consideration #9 on pages 13 and 14 of this report.
24. Construct a number of islands within the publicright-of--way, as proposed.
Maintain minimum of a 21-foot street section on either side of the center islands. Any
proposed landscape islands/medians within the public right-of--way dedicated by this plat
shall be owned and maintained by a homeowners association. Notes of this shall be
required on the final plat
25• Construct a southbound left turn lane on Linder Road at the West Pazamount
Drive/Linder Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 201 s` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional rum lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the rum lane
analysis. Staff encourages the applicant to submit the rum lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACRD staff, to make certain the rum lanes are constructed as needed.
26. Construct a northbound right turn lane on Linder Road at the West Paramount
Drive/Linder Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 2015` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional rum lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the rum lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional finial plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
27. Constmct an eastbound left rum lane on McMillan Road at the West Studio
Drive/McMillan Road intersection, as recommended by the submitted traffic impact
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 9 OF 37
study. Prior to submittal of the final plat for the 2015` residential lot, or the platting of the
first non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional tum lane analysis to be provided by the applicant. As requested by ACRD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as detennined
by ACRD staff, to make certain the turn lanes are constructed as needed.
28. Construct a westbound right turn lane on McMillan Road at the West Studio
Drive/McMillan Road intersection, as recommended by the submitted traffic impact
study. Prior to submittal of the final plat for the 2015` residential lot, or the platting of the
first non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional tum lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, _
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the tum lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the tum lanes are constructed as needed.
29. Construct a northbound left tum lane on Meridian Road at the West Studio
Drive/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 20151 residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the tum lanes are constructed as needed.
30. Construct a southbound right turn lane on Meridian Road at the West Studio
Drive/Meridian Road intersection, as recommended by the submitted traffic impact study.
FIlVDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 10 OF 37
Prior to submittal of the final plat for the 2015` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
wanants based on District policy in effect at that time of submittal of the fain lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis maybe required with each additional final plat, as determined
by ACRD staff, to make certain the turn lanes are constructed as needed.
31. Construct a northbound left turn lane on Meridian Road at the West Producer
Street/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 2015` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall subrnit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the fain lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
32. Construct a southbound right turn lane on Meridian Road at the West Producer
Street/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 201 ~ residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of subrnitta] of the fain lane
analysis. Staff encourages the applicant to submit the fain lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
33. Construct a northbound left turn lane on Meridian Road at the West Director
Street/Meridian Road intersection, as recommended by the submitted traffic impact study.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 11 OF 37
Prior to submittal of the final plat for the 2015` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
34. Construct a southbound right tum lane on Meridian Road at the West Director
StreetJMeridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 2015` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots, _
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis maybe required with each additional final plat, as determined
by ACHD staff, to make certain the tum lanes are constructed as needed.
35. Construct a westbound right turn lane on West Studio Drive at the West Studio
Drive/McMillan Road intersection, as recommended by the submitted traffic impact
study.
36. Construct an exclusive eastbound left turn lane on West Studio Drive at the West
Studio Drive/McMillan Road intersection, as recommended by the submitted traffic
impact study.
37. Construct an exclusive northbound left turn lane on West Studio Drive at the
West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic
impact study.
38. Construct an exclusive southbound right turn lane on West Studio Drive at the
West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic
impact study.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 12 OF 37
39. Construct an exclusive northbound left turn lane on West Producer Street at the
West Producer Street/Meridian Road intersection, as recommended by the submitted
traffic impact study.
40. Construct an exclusive southbound right turn lane on West Producer Street at the
West Producer StreetMleridian Road intersection, as recommended by the submitted
traffic impact study.
41. Construct an exclusive northbound left turn lane on West Director Drive at the
West Director Drive/Meridian Road intersection, as recommended by the submitted
traffic impact study.
42. Construct an exclusive southbound right turn lane on West Director Drive at the
West Director Drive/Meridian Road intersection, as recommended by the submitted
traffic impact study.
43. Construct an exclusive northbound right tum lane on West Paramount Drive at the
West Paramount Drive/Linder Road intersecfion, as recommended by the submitted
traffic impact study.
44. Construct a combined through/southbound left turn lane on West Paramount
Drive at the West Paramount Drive/Linder Road intersection, as recommended by the
submitted traffic impact study.
45. Submit District a letter from ITD regarding the said requirements prior to District
approval of the final plat or issuance of a building pemut (or other required perrnits),
whichever occurs first.
46. Other than the access points specifically approved with this application, direct lot
access to Meridian Road, Linder Road and McMillan Road is prohibited unless otherwise
approved by the Ada County Highway District. These restrictions shall be noted on the
final plat.
47. Comply with all Standard Conditions of Approval.
Standard Conditions ofAnnroval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND 7ANING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 13 OF 37
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACRD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-
342-1585) at least two full business days prior to breaking geound within ACHD right-of-
way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall be
upon the applicant to obtain written confirmation of any change from the Ada County
Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 14 OF 37
regulafions, ordinances, plans, or other regulatory and legal restrictions in force at the
time the applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless awaiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1 • The project which comprised of single family dwellings will require afire-flow of 1,000
gallons perminute available for duration oft hours to service the entire project. Firehydrants shall
be placed an average of 400' apart. 1997 UFC Appendix III-A
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
The proposed fire hydrant locations will be submitted to the Public Works for plan review.
4. All roads and fire lanes shall have a fuming radius of 28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
6. Two points of access will be required for the project or portions of the project that serve
over 50 homes, This will be a wncem the way the project is phased in the early stages .of
development.
7. Commercial and office occupancies will require a fire-flow consistent with the Uniform
Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400'
apart. 1997 UFC Appendix III-A
8. Multi-family residential on the site will require afire-flow of 1500 GPM plus the
amount required by the fire sprinkler demand.
9. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times. Restricted parking on some streets and access points to fire
lanes may be required to maintain a clear emergency access which is 20' wide. UFC 902.2.2.1
10. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a approved taro around.
FIIVDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 15 OF 37
11. The proposed 1107 unit subdivision with an estimated 2.9 residents per household
would have a total estimated population of 3,210 residents at build out. This will generate an
estimated 133 calls for service based on historical trends. The commercial, schools and
churches will have an unknown transient population and will have an unknown impact on
Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2069
responses in the year 2000 and 2251 calls for service in 2001. According to a report completed
by Fire & Emergency Services Consulting Group in February of 2000 our requests for service
aze projected to reach 2800 in the year 2005 and 3800 by the yeaz 2010.
12. The proposed project lies on the edge of the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is intended to enhance the
probability of a favorable outcome on a request for Basic Life Support. The budget
consteaints are typically defined as capital outlay for facilities that are located within 1.5
miles from a given location and sufficient operational funds to staff the facilities.
13. It is requested that building separations be maintained per the Building Code in Blocks
32, 33, 34, 35,30, 31, 36, 37 to reduce the possibility of fires being transmitted from house to
house.
D. Adopt the Recommendations of Settlers' Irrigation District as follows:
That all irrigation/drainage facilities along with their easements be protected and
continue to function as such. The laterals involved are the North Slough #2, North
Slough, Knight, Lemp, Harrell, Wolf, and Bisby.
2. A license agreements will need to be signed and recorded prior to construction of any
irrigation facilities.
3. All Storm drainage must be retained on-site.
4. Any changes to the existing irrigation system must be approved by Settlers Irrigation
District.
5. The development must supply irrigation access to all lots within the above-mentioned
subdivision. If the developer wishes to have Settlers Irrigation District own, operate,
and maintain the pressure irrigation system and agreements needs to be in place prior
to the pre-construction meeting,
13. It is found that the requested zoning designations, R-8, R-4Q L-O and C-G are in
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 16 OF 37
general compliance with the effecfive Comprehensive Plan ('02) and the Future Land Use Map,
which designates the land to be "Medium Density Residential" and "Mixed Use Neighborhood".
The proposed multi-family and commercial zoning within the subdivision are permissible under the
excepted land use provisions of the MCC (12-6-3). The adopted Comprehensive Plan does not
address the issue of "excepted" land uses. The City adopted the Planned Development Ordinance
providing for "excepted" uses approximately 2 years prior to the adoption of the current
Comprehensive Plan. The Comprehensive Plan also designates a communitypazk and a school site
within the proposed subdivision boundaries. A park has not been provided by the applicant within
the project; however, the applicant has provided a 55-acre high school site and a 10-acre elementary
school site within the subdivision. The Comprehensive Plan also indicates that the subject property
should have a "Multi-Use" pathway running east-west through the middle of the proposed
subdivision and the applicant has provided a pathway in compliance with the Comprehensive Plan.
Page 54 of the Comprehensive Plan addresses the issue ofpathways and states that they should be in
compliance with the Parks and Recreation Comprehensive Plan (not yet adopted) and that the
pathway should be located "off street". Review of the Pazks Department comments shows the
Departments concerns for the subdivision.
14. It is not anticipated that the applicant intends to rezone the subject property in the
future.
15. It is found that the proposed single family residential subdivision with commercial
and multi-family uses would be allowed within the requested zoning designations, if accompanied
with a Conditional Use Pernut for a Planned Development to allow the excepted land uses.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 17 OF 37
16. It is found that the land to the east (Lochsa Falls) and south (Cedar Springs North) of
the property has recently been approved for development similaz to the proposed subdivision. It is
found that the requested zoning designations are harmonious with several recently approved
developments in the North Meridian Area and should be rezoned in the requested manner.
17. It is found that the proposed uses (single family residential, commercial office, and
public schools) will inevitably change the existing rural character of the subject property. The
proposed uses are compatible with the Comprehensive Plan and the Future Land Use Map in
accordance with MCC 12-6-3 (Excepted Uses). It is also found that the southwest corner of the
development, Lot 57, Block 3 is not well integrated to the remainder of the development and does
not comply with the required fmdings for "excepted" uses.
18. It is not anticipated that the proposed residential uses will be hazardous, however, it is
found that the excepted uses maybe disruptive to future or existing neighbors.
19. It is found that the property to be annexed will be served adequately by all essential
public facilities and services if all conditions ofapprovai are met by the applicant. Applicant shall be
required to extend water and sanitary sewer mains to and through the proposed development, thereby
making them available to the adjacent properties. The applicant must meet all requirements of
ACHD in order to provide adequate facilities for the proposed and existing street system. Approval
for the proposed subdivision cannot be recommended if the applicant does not meet ACRD
requirements.
Review of the ACHD, Police and Fire Deparhnent's comments concerning this
subdivision will provide further information regarding public services and facilities.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
(AZ-03-0~ 06 ~~ON AND ZONING PARAMOUNT SUBDIVISION
PAGE 18 OF 37
20. It is found that there will not be excessive additional requirements at public cost and
for public services and facilities, if the applicant complies with the conditions of approval for the
accompanying conditional use permit and preliminary plat applications.
21. The fact is noted that traffic and noise will increase significantly upon build-out ofthe
proposed subdivision; however, it is not felt that the amount generated will be detrimental to the
public welfare of the city if all conditions of approval are met. It is found that the proposed
subdivision will not involve uses that would create other nuisances that would be detrimental to the
general welfaze of the surrounding area.
22. It is found that the subdivision's vehicular approach off of Chinden Boulevard will
need to be aligned with the existing public street (N. Fox Run Ave.) on the north side of Chinden -
Boulevard, or that it will need to be relocated elsewhere, in accordance with ACRD and ITD
comments. If the roadway cannot be re-aligned with the existing public road, the intersection will
not meet off-set requirements and will never be considered for a traffic light. The other proposed
roadways will need to be improved in compliance with ACHD requirements in order to alleviate
interference with the existing and proposed intersections. Review ACHD comments concerning
vehiculaz approaches and traffic generation.
23. It is found that no natural or scenic features of major importance will be lost or
damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that are
removed shall be mitigated for, per the Landscape Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 19 OF 37
24. It is found that services are available to the site and that the inclusion of a new
elementary school and high school within the subdivision makes the annexation of this property
in the best interest of the City.
25. 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. 12, and all sub-parts, the
economic welfare of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
26. It is also found that the development considerations as referenced in Finding No.
12 aze reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particulazly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glaze and odors.
CONCLUSIONS OF LAW
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
FIlVDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 20 OF 37
2. The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4. The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Goals 1 through 10, inclusive.
5. The zoning of (R-8) Medium Density Residential, (R-40) High Density Residential, _
(L-O) Limited Office, and (C-G) General Retail and Service Commercial are defined in the Zoning
Ordinance at § 11-7-2 D, F, G and K as follows:
(R-SI Medium Density Residential District: The purpose of the R-8 District is to permit
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates those areas where such development has or
is likely to occur in accord with the Comprehensive Plan of the City and is also designed to
permit the conversion of large homes into tow-family dwellings in well-established
neighborhoods of compazable land use. Connection to the Municipal water and sewer
systems of the City is required.
(R-40) Hi¢h Density Residential District: The purpose ofthe R-40 District is to permit the
establishment of high density residential uses at a density not exceeding forty (4) dwelling
units per acre. Connection to the Municipal water and sewer systems ofthe City is required.
(L-OI Limited Office District: The purpose of the L-O District is to permit the
establishment of groupings of professional, reseazch, executive, administrative, accounting,
clerical, stenographic, public service and similaz uses. Research uses shall not involve heavy
testing operations of any kind or product manufacturing of such a nature to create noise,
vibration or emissions of a nature offensive to the overall purpose of this District. The L-O
District is designed to act as a buffer between other more intense nonresidential uses and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 21 OF 37
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.
(C-Gl General Retail and Service Commercial District: The purpose ofthe C-G District
rs to provide for commerctal uses which aze customarily operated entirely or almost entirely
within a building; to provide for a review of the impact of proposed commercial uses which
aze auto and service oriented and are located in close proximity to major highway or arterial
streets; to fulfill the need oftravel-related services as well as retail sales for the transient and
permanent motoring public. All such districts shall be connected to the Municipal water and
sewer systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
6. 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).
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
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:
The applicant's request for annexation and zoning of approximately 397.11 acres to
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTAIG APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 22 OF 37
Medium Density Residential (R-8), High Density Residential (R-40), Limited Office (L-O), and
General Retail and Service Commercial (C-G) are granted subject to the terms and conditions ofthis
Order hereinafter stated.
2. The application is for annexation and zoning of 397.11 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.
Developer shall be required to met the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
ANEXATION AND ZONING CONDTIONS OF APPROVAL
1. Remove any existing domestic wells and/or septic systems within this project from
their domestic service, per City Ordinance Section 5-7-517, when services are available from
the City of Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation.
2. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City
Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation drainage
district, or lateral users association (ditch owners), with written approval ornon-approval
submitted to the Public Works Department. If lateral users association approval can't be
obtained, plans will be reviewed and approved by the Meridian City Engineer prior to
fmal plat signature.
3. A Development Agreement shall be entered into between the Developer and the City
of Meridian that will require, among other conditions, that all future commercial, townhouse,
and multi-family uses obtain condifional use permit approval prior to development, the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 23 OF 37
construction of the multi-use pathway, and limiting Lots 1-13, Block 32, Lots 1-12, Block
33, Lots 1-12 Block 34 and Lots 1-13, Block 35 to attached and townhouse construction only
and limiting Lots 1-13 Block 30, Lots 1-2 Block 31, Lots 1-12 Block 36, and Lots 1-13
Block 37 to one dwelling per lot.
4. The applicant shall negotiate with the City of Meridian as to the location of a
permanent easement and temporary construction easement through the project to
Meridian Road for the North Slough Sewer Trunk after the Preliminary Plat approval.
(Per the action of the City Council taken at their June 3, 2003 meeting.)
> ~ . (Deleted per
action of the City Council taken at their June 3, 2003 meeting.)
B. Adopt the Recommendations of the ACRD as follows: -
Site Specific Conditions of Annroval
The applicant shall do one of the following requirements for Meridian Road:
a. Dedicate by donation an additional 10-feet ofright-of--way along Meridian
Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian
Road, located a miinimum of 28-feet from the centerline of the right-of--way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewallc along Meridian Road, located a minimum of 28-feet from
the centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewallc along Meridian Road, located at the back edge of the
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
2. The applicant shall do one of the following requirements for Linder Road:
a. Dedicate by donation an additiona123-feet ofright-of--way along Linder
Road, and construct a minimum 5-foot wide concrete sidewalk along Linder
Road, located a minimum of 41-feet from the centerline of the right-of--way.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 24 OF 37
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Linder Road, located a minimum of 41-feet from
the centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Linder Road, located at the back edge of the
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
The applicant shall do one of the following requirements for McMillan Road:
a. Dedicate by donation an additional 10-feet ofright-of--way along
McMillan Road, and construct a minimum 5-foot wide concrete sidewalk along
McMillan Road, located a minimum of 28-feet from the centerline of the right-of-
way.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along McMillan Road, located a minimum of 28-feet from
the centerline of the right-of--way, in an easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along McMillan Road, located at the back edge of the
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
4. Construct West Studio Drive to intersect North Meridian Road approximately
1,300-feet north of McMillan Road, as proposed.
5. Construct West Producer Street to intersect Meridian Road approximately 2,470-
feet north of McMillan Road, as proposed.
6. Construct West Director Street to intersect Meridian Road approximately 960-feet
south of Chinden Boulevard, as proposed.
7. Construct West Paramount Drive approximately 2,420-feet south of Chinden
Boulevard to align with West Cayuse Avenue (amain entrance that was approved on May
22, 2002 as a part of Lochsa Falls Subdivision), as proposed.
8. Construct West Studio Drive to intersect McMillan Road approximately 1,260-
feet west of Meridian Road, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 25 OF 37
9. Relocate the intersections of West Dreyfus Street/Producer Avenue and the North
Lange Avenue/Producer Avenue to provide a minimum offset of 125-feet (measured from
centerline to centerline).
10. Construct:
• North Cinema Way (from Chinden Boulevard to West Director Street),
• West Director Street (from Meridian Road to North Cinema Way),
• West Producer Street (from Meridian Road to North Mitchum Avenue),
• West Studio Drive (from Meridian Road to McMillan Road) and
• West Paramount Drive (from Linder Road to North Arliss Avenue)
as 40-foot street sections with vertical curb, gutter and 5-foot attached concrete sidewalk
within 54-feet ofright-of--way.
11. Construct:
• West Paramount Drive (from North Arliss Avenue to North Cinema Way),
• North Bergman Avenue (from West Paramount Drive to the north property
line),
• North Cinema Way (from West Director Street to West Colbert Street),
• North Chaplin Drive (from North Cinema Way to North Cinema Way), -
• West Gable Street (from North Cinema Way to West Producer Street) and
• West Producer Street (from North Mitchum Avenue to North Hopkins
Avenue)
as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk,
as proposed.
12. Construct the remainder of the internal roadways as 33-foot street sections with
curb, gutter, 5-foot attached concrete sidewalk and parking on both sides of the roadway
within 50-feet ofright-of--way, as proposed. Submit documentation showing the review
and approval from the Meridian Fire Department.
13. Extend North Wayman Avenue as a stub street to the south property line
approximately 1,900-feet west of Meridian Road, as proposed. Install a sign at the
terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE".
14. Extend North Cinema Way as a stub street to the south property line
approximately 2,050-feet east of Linder Road, as proposed. Install a sign at the terminus
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
15. Extend North Bergman Avenue as a stub street to the north property line
approximately 1,220-feet east of Linder Road, as proposed. Install a sign at the terminus
FIlVDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 26 OF 37
of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
***See Finding for Consideration B item #7.
16. Extend North Arliss Avenue as a stub street to the north property line
approximately 820-feet east of Linder Road, as proposed. Install a sign at the terminus of
the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
17. Provide access to West Producer Street (by a stub street or by shifting the roadway
to the north) for the undeveloped parcels located du•ectly to the north (the Packazd and
Mastropaolo properties).
18. Construct a 16-foot wide residential alley between West Oliver Street and West
Peck Street and West Studio Drive and West Producer Street, as proposed. Improve the
alley its full width and provide aminimum ofback-of--curb radius of 15-feet at all alley
intersections. Pazking shall be designed so the minimum cleaz distance from the back of
the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Any
access to an alley shall be located a minimum of 25-feet from the nearest public street.
Pazking in the alley is prohibited.
19. Construct a 16-foot wide residential alley between West Poitier Street and West
Peck Street and West Studio Drive and West Producer Street, as proposed. Immprove the
alley its full width and provide a minimum ofback-of--curb radius of 15-feet at all alley
intersections. Pazking shall be designed so the minimum clear distance from the back of
the parking stall to the opposite side of the alley is 22-feet for perpendiculaz pazking. An
access to an alley shall be located a minimum of 25-feet from the nearest public street.
Pazking in the alley is prohibited.
20. Construct three roundabouts within the publicright-of--way, as proposed.
• On West Director Street (mid way between Meridian Road and North
Cinema Way)
• At the intersection of Chaplin Street and North Dietrich Avenue
• At the intersection of Cagney Street and North Dietrich Avenue
The roundabouts shall be designed with a minimum of a 21-foot street section on either side
of the center islands. The applicant will be required to dedicate sufficient right-of--way on
either side of an island. Coordinate the size and design of the roundabouts with traffic
services staff:
21. Do not construct a roundabout at the intersection of North Bergman Avenue and
Bacall Street unless a temporary turnaround is constructed at the terminus of North
Bergman Avenue or North Bergman Avenue will be extended at the time that this portion
of the preliminary plat is final platted.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 27 OF 37
22. Construct one knuckle with an island in the center, as proposed. Construct the
island to be a minimum of 4-feet wide with a minimum area of 100-square feet and
designed to safely channel traffic. The roadway around the traffic island shall maintain a
minimum of a 29-foot street section. The design shall be reviewed and approved by
ACHD's Traffic Services staff.
23. When the District receives a formal application for the multi-family use and/or the
commercial use, the District will review and approve driveway locations in accordance
with the policies and guidelines that aze in effect at that time. The District's current
policies aze provided for informational purposes only and can be found in Findings for
Consideration #9 on pages 13 and 14 of this report.
24. Construct a number of islands within the publicright-of--way, as proposed.
Maintain minimum of a 21-foot street section on either side of the center islands. Any
proposed landscape islands/medians within the publicright-of--way dedicated by this plat
shall be owned and maintained by a homeowners association. Notes of this shall be
required on the final plat
25. Construct a southbound left turn lane on Linder Road at the West Paramount
Drive/Cinder Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 2015` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional rum lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the rum lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the rum lanes aze constructed as needed.
26. Construct a northbound right rum lane on Linder Road at the West Paramount
Drive/Cinder Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 2015` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional rum lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 28 OF 37
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis maybe required with each additional final plat, as determined
by ACRD staff, to make certain the fain lanes are constructed as needed.
27. Construct an eastbound left turn lane on McMillan Road at the West Studio
Drive/McMillan Road intersection, as recommended by the submitted traffic impact
study. Prior to submittal of the final plat for the 201St residential lot, or the platting of the
first non-residential lot, whichever comes first, ACRD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to subrnit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes aze constructed as needed.
28. Construct a westbound right fain lane on McMillan Road at the West Studio _
Drive/McMillan Road intersection, as recommended by the submitted traffic impact
study. Prior to submittal of the final plat for the 201St residential lot, or the platting of the
first non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional fain lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis maybe required with each additional final plat, as determined
by ACRD staff, to make certain the turn lanes are constructed as needed.
29. Construct a northbound left fain lane on Meridian Road at the West Studio
Drive/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 201St residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the fain lane
analysis. Staff encourages the applicant to submit the fain lane analysis PRIOR to
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 29 OF 37
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
30. Construct a southbound right fain lane on Meridian Road at the West Studio
Drive/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 2015` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the fain lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACRD staff, to make certain the turn lanes aze constructed as needed.
31. Construct a northbound left turn lane on Meridian Road at the West Producer _
Street/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 201 ~` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACRD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the turn lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
32. Construct a southbound right turn lane on Meridian Road at the West Producer
Street/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 2015` residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional fain lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the fain lane analysis PRIOR to
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 30 OF 37
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as detemuned
by ACHD staff, to make certain the turn lanes aze constructed as needed.
33. Construct a northbound left turn lane on Meridian Road at the West Director
Street/Meridian Road intersection, as recommended by the submitted traffic impact study:
Prior to submittal of the final plat for the 20151 residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional fain lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the fain lane
analysis. Staff encourages the applicant to submit the fain lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the fain lanes are constructed as needed.
34. Construct a southbound right turn lane on Meridian Road at the West Director _
Street/Meridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 20151 residential lot, or the platting of the first
non-residential lot, whichever comes first, ACHD staff shall determine the need for
additional turn lane analysis to be provided by the applicant. As requested by ACHD, the
applicant's traffic engineer shall submit a traffic analysis, which analyzes the need for
auxiliary lanes on the arterial roadways. The analysis should include all prior platted lots,
and those included to be platted with that phase. The traffic engineer shall evaluate
warrants based on District policy in effect at that time of submittal of the turn lane
analysis. Staff encourages the applicant to submit the fain lane analysis PRIOR to
submittal of the final plat, so that the platting process is not delayed, or major revisions
required. Further analysis may be required with each additional final plat, as determined
by ACHD staff, to make certain the turn lanes are constructed as needed.
35. Construct a westbound right turn lane on West Studio Drive at the West Studio
Drive/McMillan Road intersection, as recommended by the submitted traffic impact
study.
36. Construct an exclusive eastbound left turn lane on West Studio Drive at the West
Studio Drive/McMillan Road intersection, as recommended by the submitted traffic
impact study.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 31 OF 37
37. Construct an exclusive northbound left tum lane on West Studio Drive at the
West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic
impact study.
38. Construct an exclusive southbound right turn lane on West Studio Drive at the
West Studio Drive/Meridian Road intersection, as recommended by the submitted traffic
impact study.
39. Construct an exclusive northbound left turn lane on West Producer Street at the
West Producer Street/Meridian Road intersection, as recommended by the submitted
traffic impact study.
40. Construct an exclusive southbound right tum lane on West Producer Street at the
West Producer StreetlMeridian Road intersection, as recommended by the submitted
traffic impact study.
41. Construct an exclusive northbound left turn lane on West Director Drive at the
West Director Drive/Meridian Road intersection, as recommended by the submitted
traffic impact study. _
42. Construct an exclusive southbound right turn lane on West Director Drive at the
West Director Drive/Meridian Road intersection, as recommended by the submitted
traffic impact study.
43. Construct an exclusive northbound right tum lane on West Paramount Drive at the
West Paramount Drive/Linder Road intersection, as recommended by the submitted
traffic impact study.
44. Construct a combined through/southboundieft tum lane on West Paramount
Drive at the West Paramount Drive/Linder Road intersection, as recommended by the
submitted traffic impact study.
45. Submit District a letter from ITD regarding the said requirements prior to District
approval of the final plat or issuance of a building permit (or other required permits),
whichever occurs first.
46. Other than the access points specifically approved with this application, direct lot
access to Meridian Road, Linder Road and McMillan Road is prohibited unless otherwise
approved by the Ada County Highway District. These restrictions shall be noted on the
final plat.
47. Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 32 OF 37
Standard Conditions of Aparoval
Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construcfion Services at 387-6280 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction _
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other requited permits), which incorporates any required design
changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-
342-1585) at least two full business days prior to breaking ground within ACHD right-of-
way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of construction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDMSION
(AZ-03-006)
PAGE 33 OF 37
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall be
upon the applicant to obtain written confirmation of any change from the Ada County
Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at the
time the applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless awaiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. The project which comprised of single family dwellings will require afire-flow of 1,000
gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall _
be placed an average of 400' apart. 1997 UFC Appendix III-A
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
The proposed fire hydrant locations will be submitted to the Public Works for plan review.
4. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
6. Two points of access will be required for the project or portions of the project that serve
over 50 homes. This will be a concern the way the project is phased in the eazly stages of
development.
7. Commercial and office occupancies will require afire-flow consistent with the Uniform
Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400'
apart. 1997 UFC Appendix III-A
8. Muiti-family residential on the site will require afire-flow of 1500 GPM plus the
amount required by the fire sprinkler demand.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTIlVG APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 34 OF 37
9. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times. Restricted pazking on some streets and access points to fire
lanes may be required to maintain a clear emergency access which is 20' wide. UFC 902.2.2.1
10. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a approved taro around.
11. The proposed 1107 unit subdivision with an estimated 2.9 residents per household
would have a total estimated population of 3,210 residents at build out. This will generate an
estimated 133 calls for service based on historical trends. The commercial, schools and
churches will have an unknown transient population and will have an unknown impact on
Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2069
responses in the year 2000 and 2251 calls for service in 2001. According to a report completed
by'Fire & Emergency Services Consulting Group in February of 2000 our requests for service
aze projected to reach 2800 in the year 2005 and 3800 by the year 2010.
12. The proposed project lies on the edge of the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is intended to enhance the _
probability of a favorable outcome on a request for Basic Life Support. The budget
constraints are typically defined as capital outlay for facilities that are located within 1.5
miles from a given location and sufficient operational funds to staff the facilities.
13. It is requested that building sepazations be maintained per the Building Code in Blocks
32, 33, 34, 35,30, 31, 36, 37 to reduce the possibility of fires being transmitted from house to
house.
D. Adopt the Recommendations of Settlers' Irrigation District as follows:
1. That all irrigation drainage facilities along with their easements be protected and
continue to function as such. The laterals involved are the North Slough #2, North Slough,
Knight, Lemp, Harrell, Wolf, and Bisby.
2. A license agreements will need to be signed and recorded prior to construction of any
irrigation facilities.
3. All Storm drainage must be retained on-site.
4. Any changes to the existing irrigation system must be approved by Settlers Irrigation
District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 35 OF 37
~ R
5. The development must supply imgation access to all lots within the above-mentioned
subdivision. If the developer wishes to have Settlers Tirigation District own, operate, and
maintain the pressure irrigation system and agreements needs to be in place prior to the pre-
construction meeting.
4. The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (R-8) Medium Density Residential District, (R-40) High Density Residential District,
(L-O) Limited Office District, and (C-G) General Retail and Service Commercial District, and
Meridian City Code § 11-7-2.
5. Subsequent to the passage ofthe Ordinance provided for in section 4 ofthis Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of _
the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a fmal action of the governing body of the City of Meridian.
Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property
which maybe adversely affected by the issuance or denial of the annexation and zoning and who
may withintwenty-eight (28) days after the date of this decision and order seek a judicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the 2-~~` day of
-UiV1R.~ 2003.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 36 OF 37
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ROLL CALL
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc CANDLESS
COUNCILMAN WILLIAM L.M. NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 6-Z~ -O3
MOTION:
APPROVED:
Attest:
G. Berg, Jr.,
DISAPPROVED:
Copy served upon Applicant, the
the City Attorney.
By;~Y,r~
City Clerk
Mayor Robert D. Corrie
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-006)
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PAGE 37 OF 37