HomeMy WebLinkAboutParamount Subdivision AZ 03-006
PARTIES:
711
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 08/14103 12:32 PM
DEPUTY Michelle Turner
REC.O~DED.-REQUEST OF 1111111111111111111111111111111111111
Meridian City 103137116
AMOUNT .00
DEVELOPMENT AGREEMENT
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, OwnerlDeveloper
TIllS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this .11;i~ day of ~~ ,2003, by and between CITY OF
MERIDIAN, a municipal corporation 0 the State 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 Schoo] 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, hereinafter called "OWNERS", and
PARAMOUNT, LLC, whose address is 12426 W. Explorer Drive, Suite 220, Boise,
Idaho 83713, hereinafter called "OWNER/DEVELOPER". ..
1.
RECITALS:
1.1
1.2
1.3
WHEREAS, "OWNERS" and "OWNER/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 incorporated
herein as if set forth in full, herein after ref cITed to as the
"Property"; and
WHEREAS, I.C. § 67.651 lA, Idaho Code, provides that cities
may, by ordinance, require or pennit as a condition of fe-zoning
that the "Owners" or "OwnerlDeveloper" make a written
commitment conceming the use or development of the subject
"Property"; and
WHEREAS, "City" has exercised its statutory authOlity by the
enactment of Ordinance 11-15-12 and 11-J6-4 A, which authOlizes
development ilgreements upon the annexation and/or re-zoning of
land; and
DEVELOPMENT AGREEMENT (AZ.O3-006) - 1
1.8
1.9
1.9
1.4
WHEREAS, "Owners" and "OwnerlDeveloper" 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 Di&trict, (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 "OwnerlDeveloper" 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, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
before the Planning & Zoning Commission, and subsequently
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and comment;
and
1.7
WHEREAS, City Council, the. Z~/t; day of éÍúÞrL , 2003, has
approved certain Findings of Fact 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
WHEREAS, the Findings r,;;quire the "Owners" and
"OwnerlDeveloper" to enter into a development agreement before
the City Council takes final action on annexation and zoning
designation; and
"OWNERS" and "OWNERIDEVELOPER" deém it to be in its
bést interest to be able to enter into this Agreement and
acknowledges that this Agreement was entered into voluntarily and
at its urging and requests; and
WHEREAS, "City" requires the "Owners" and
"Owner/Developer" to enter into a development agreement for the
purpose of ensuring that the "Property" is developed and the
DEVELOPMENT AGREEMENT (A2-03-006) - 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. INCORPORA TION 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:
3.2
3.3
3.1
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and govemment
subdivision of the state of Idaho, organized and existing by virtue
of law of the State of Idaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 8:::ó42.
"OWNERS": means and refers to Ron and Becky Hanks, whose
address is 5120 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)/developer(s) of the "Property".
"OWNERIDEVELOPER": means and refers to Paramount, LLC,
whose address is 12426 W. Explorer Drive, Suite 220, Boise,
DEVELOPMENT AGREEMENT (AZ>03-006) - 3
Idaho 83713, the party developing said "Property" and shall
include any subsequent owner(s)/developer(s) ofthe "Property".
3.4
"PROPERTY": means and refers to that certain parceI(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:
Construction and development of a planned development
consisting of 764 single-jamily building lots, 73 townhouse lots,
270 apartments, 4 mixed-use areas with approximately 577,606 s.
J. of office and retail space, and 32 common lots on 392.17 acres
in proposed R-8, R-40, L-O and CoG 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 pennit,
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 pennit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.A
"Owners" and "OwnerlDeveloper" shall develop the "Property" in
accordance with the following special conditions:
DEVELOPMENT AGREEMENT (AZ-O3.006) .4.
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
ANEXA TION 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-S17, 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 or non.approvaJ submitted to the Public Works Department. Iflateral 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, thãt 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 BJock34 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.)
5. Tae !lfJplieafit sk&!I Femaye Lot 57, Block 3 from tfle legal E!eseriptieH (tae
sollta..¡est eemer arlae sllbæyisieH) ];¡eeallse it deBs Hot Hleet taB æiHiæHffi fiRàiRgs
fer IIß "eJ,eepteE!" IIse (MCC 12 6 3). f. Fevisedlegal tleseriptiaH fartae developme¡¡t
sk&!I be sl!èæitteE! to taB PIiBlic V.'8fks Departm!mt fer review, ]3rior Ie appFOyal.
(Deleted per action of the City Council taken at theirJune 3, 2003 meeting.)
B.
Adopt the Recommendations of the ACHD as follows:
DEVELOPMENT AGREEMENT (AZ-03.006) . 5
Site Specific Conditions of Approval
1. The applicant shall do one of the following requirements for Meridian
Road:
a. Dedicate by donation an additionallO.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
S-foot wide concrete sidewalk along Meridian Road, located a minimum
of 28.feet from the centerline of the !ight-of.way, in an easement provided
to the District.
c. Do not dedicate additional right-of-way, but construct a minimum
S.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 mini¡nnm S.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
S-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 additionallO.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 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.McMilIan 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 Palls 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 StreetIProducer Avenue and
the North Lange A venuelProducer A venue 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 AGREEMENT (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 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 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, "TillS ROAD WILL BE EXTENDED
IN THE FUTURE".
14. Extend North Cinema Way as a stub street to the south property line
approximately 2,O50-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, "TillS 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, "TillS 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 àlley 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
IS.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 2S-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 minimum of back.of.ctiib 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 A venue
. At the intersection of Cagney Street and North Dietrich A venue
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
A venue and Bacall Street unless a temporary turnaround is constructed at the
terminus of North Bergman Avenue or North Bergman A venue will be extended
at the time that this portion of the preliminary plat is final platted.
DEVELOPMENT AGREEMENT (AZ-O3-006) . 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 1O0.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 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 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 DrivelLinder Road intersection, as recommended by the submitted
traffic impact study. Prior to submittal of the final plat for the 201S! residential lot,
or the platting of the first non.residentiallot, 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 warra.nts based on
District policy in effect at that time of submittal of the turn lane analysis. Staff
encourages the applicant to submit the turn Jane 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.
26. Construct a northbound right turn lane on Linder Road at the West
Paramount DrivelLinder Road intersection, as recommended by the submitted
traffic impact study. Prior to submittal of the final plat for the 201 st 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
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. Ståff
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.
27. Construct an eastbound left turn lane on McMillan Road at the West
Studio DrivelMcMilIan Road intersection, as recommended by the submitted
traffic impact study. Prior to submittal of the final plat for the 201 s, residentiaJ,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
àpplicant. 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 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 ACHD staff, to make certain the turn lanes are constructed as
needed.
28. Construct a westbound right tum lane on McMillan Road at the West
Studio DrivelMcMilIan Road intersection, as recommended by the submitted
traffic impact study. Prior to submittal of the final plat for the 201 st 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 ACED, 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 ACED staff, to make certain the turn lanes are constructed as
needed.
DEVELOPMENT AGREEMENT (AZ-03-006) - 11
29. Construct a northbound left turn lane on Meridian Road at the West Studio
DrivelMeridian Road intersection, as recommended by the submitted traffic-
impact study. Prior to submittal of the final platfor the 201 st residential lot, or the
platting of the first non.residentiallot, whichever comes first, ACHD staff shall
determine the need for additional turn lane a!1alysis 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 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 ACHD 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 201 st res'ídentiallot,
or the platting of the first non.residentiallot, 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.
31. Construct a northbound left turn lane on Meridian Road at the West
Producer StreetlMeridian Road intersection, as recommended by the submitted
traffic impact study. Prior to submittal of the final plat for the 201 st 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
DEVELOPMENT AGREEMENT (AZ.O3-006) - 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 ACHD staff, to make certain the tum lanes are constructed as
needed.
32. Construct a southbound right turn lane on Meridian Road at the West
Producer StreetlMeridian Road intersection, as recommended by the submitted
traffic impact study. Prior to submittal of the final plat for the 201 st residential lot,
or the platting of the first non.residentiallot, 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.
33. Construct a northbound left turn lane on Meridian Road at the West
Director Streelflvleridian Road intersection, as recommended by the submitted
traffic impact study. Prior to submittal of the final plat for the 201 st residential lot,
or the platting of the first non.residentiallot, 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.
DEVELOPMENT AGREEMENT (AZ-03-006) - ] 3
",'
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 201 st residential lot,
or the platting of the first non.residential Io( Whichever comes first, ACHD staff
shall determine the need for additional tumlane 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 eàch 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 DriveIMcMillan 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 StreetlMeridian Road intersection, as recommended by the
submitted traffic impact study.
40. Construct an exclusive southbound right tul11lane on West Producer Street
at the West Producer StreetlMeridian Road intersection, as recommended by"the
submitted traffic impact study.
DEVELOPMENT AGREEMENT (AZ-O3-006) . 14
41. Construct an exclusive northbound left tum lane on West Director Drive at
the West Director DrivelMeridian Road intersection, as recommended by the
submitted trafficjmpact study.
42. Construct an exclusive southbound right turn lane on West Director Drive
at the West Director DrivelMeridian 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 DriveILinder Road intersection, as recommended by
the submitted traffic impact study.
44. Construct a combined through/southbound left tumlane on West
Paramount Drive at the West Paramount DriveILinder 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 Approval
1.
way.
Any existing irrigation facilities shall be relocated outside of the right.of-
2. All utility relocation costs associated with improving street frontages
abutting the site shall be bome by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may
be damaged during the constmction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
DEVELOPMENT AGREEMENT (AZ-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 detáils.
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 wáived 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 requi'>òd permits), which incorporates any
required design changes.
7. Constructión, use and property development shall be in cónformance 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 regulãtory 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 pJanned use of the subject property unless a
DEVELOPMENT AGREEMENT (AZ-O3.00G) - 16
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 a fire.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 f',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 wi11 be submitted to the Public Works
for plan review.
4.
All roads and fire lanes. shall have a tuming radius of 28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are required
before comblJstible 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 concem .the way the project is phased in the early
stages of development.
7. Commercial and office occupancies wi11 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 wi11 require a fire-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 surfa.ce 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 tum around.
DEVELOPMENT AGREEMENT (AZ-03.006) - 17
D.
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 Basíc 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 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. '
Adopt the Recommendations of Settlers' Irrigation District as follows:
1.
That all inigationldrainage 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 inigation facilities.
3.
AlI Storm drainage must be retained on.site.
4.
Any changes to the existing inigation system must be approved by Sett1crs
Irrigation District.
5.
The development must supply inigation access to all lots within the above.
mentioned subdivision. If the developer wishes to have Settlers Irrigation
District own, operate, and maintain the pressure inigation system and
agreements needs to be in place prior to the pre.construction meeting.
DEVELOPMENT AGREEMENT (AZ.OJ-O06) - 18
, ;'i"',""",',,"'
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 "OwnerlDeveloper" 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 approvaJ of such completed
improvements or portion thereof in accordance with the temlS 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
"OwnerlDeveloper" of anyone or more of the covenants or
conditions hereof shall apply solely to the breach and breaches
waived and shall not bar any other rights or remedies of "City" or
apply to any subsequent breach of any such or other covenants and
conditions.
11. REQUIREMENT FOR RECORDA TION: "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 Zoning
Ordinance in connection with the annexation and zoning of the "Property" by the City
Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection 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 párty shall commence to cure the
same within such thirty (30) day period and thereafter shall
prosecute the curing of same with diligence and continuity, then
the time allowed to cure such failure may be extended for such
period as may be necessary to complete the curing of the same with
diligence and continuity.
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 pertormance 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 all
improvements are completed, unless the "City" and "Owners" and "Owner/Developer"
have entered into an addendum agreerilentstating 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
"OwnerlDeveloper" 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 States Mail, registered or .certified mail, postage prepaid, retum
receipt requested, addressed as follows:
CITY:
OWNERS:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
RON and BECKY HANKS
5120 N. Linder Road
Meridian, Idaho 83642
DEVELOPMENT AGREEMENT (AZ-03-006) - 21
SHERIDAN KOOYERS
5940 N. Linder Road
Meridian, Idaho 83642
MERill1AN JOINT SCHOOL DISTRICT
NO.2
911 N. Meridian Road
Meridian, Idaho 83642
DWAINE and SHARON WOLFE
4895 N. Meridian Road
Meridian, Idaho 83642
with copy to:
OWNERIDEVELOPER:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
PARAMOUNT, LLC
12426 W. Explorer Drive, Suite 220
Boise, Idaho 83713
17.1
A party shall have the right to change its address by delivering to the
other party a written notiíìcation 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 IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default und~r 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
'"i;";¡i,¡",~
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 preve:Jt 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 "OwnerlDeveloper", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "Owners" and "OwnerlDeveloper" 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
"OwnerlDeveloper" and "City" relative to the subject matter hereof, and there are no
promises, agreements, conditions or understanding, either oral or written, exp'ress or
implied, between "Owners" and "OwnerlDeveloper" 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 goveming 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.
OWNERSIHANKS:
STATE OF IDAHO)
: ss:
COUNTY OF ADA )
(1 On this ;;;V S f- ~ of ~ ' in the year 2003, before
me, O^A.:X~ K. ~SàNotaryPublic,personallyappearedRONHANKS
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.
(SEAL)
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~ +< ~ Vo<PA-
Notary Public for Idaho.
Residing at: A'~,
Commission expires: /Í V /0 Š-
DEVELOPMENT AGREEMENT (AZ.O3.006) . 24
OWNERSIKOOYERS:
BY:~~
Sheridan Kooyers
STATE OF IDAHO)
: ss:
COUNTY OF ADA )
On this .;;( ~ day of '3 ~j :J ' in the year 2003, before
me, TY\o.... p,,- L -r,o h ({' 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)
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~~~A~
Not. Public for Idaho. fi
Residing at: ~.JJ J ~ J J. ~
Commission ex ires: 30,1 Oí?
DEVELOPMENT AGREEMENT (AZ-03-006) .25
OWNERSIWOLß:
BY:
/)
; ..--: A'~
Á. ìÆJ1f
BY: ~'-"'"../ h-r -
,¿~~
STATEOFIDAHO )
: ss:
COUNTY OF ADA )
. On this /4> day of J v...) ,,'j , in the year 2003, before
me, ¡Y)ar.lt"c.. L \SOYlt? a Notary Public, personally appearedDWAlNE and
SHARON WOLFa, 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:
(SEAL)
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No ary Public for Idaho
Residing at ¡ý)er¡d. ;0." ~
Commission expires: 'ii'h"O )õ&>
.
DEVELOPMENT AGREEMENT (AZ-03-006) . 27
If,
OWNERSIMERIDIAN JOINT SCHOOL
DISTRICT NO.2
BY~'~
BY: ~.D~
STATEOFIDAHO )
: ss:
COUNTY OF ADA )
, ,On tþis IÌ -+4. dayof:::r..... \'( , in the year 2003, before
me, "fA+'-:".... A. 171A-"'-' /1."\ a Notary Public,. personally ~peared
C,,",I--.....,HVl.c. þ"vw,d\ and ,Ma.Y";~ -V.'ScJ,1."'5
known or identified to me to be the ~p~'-~ "-~ and
QA erlL. 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 IvIERIDIAN JOINT SCHOOL DISTRICT NO.2.
Pðiv.~CL a .~fMI.L(M\...
Notary Public for I~aho . If)
Residing at:~(Mv , "'-..IIX..
Commission expires: 3 -.1.7- 0'1
DEVELOPl\1ENT AGREEl\1ENT (AZ-03-006) .26
Attest:
OWNERSIDEVELOPERIPARAMOUNT, LLC:
~p:n;"h+"c-' (.. "'--fh~, '
BY: UtU~~
'v . ry\(~ý)~"6. ~
By~i&~
~'7s; ~
STATEOFIDAHO )
:ss
COUNTY OF ADA)
On this 15-t:+--day of ~W , in the year
2003,. before me,~~ A. ~.¿v a No~blic, person1\!ly appeared
..1fvlD Irl.Tù'n~ and ~~~e,. .:r/hý)~ .,
known or identified t.o me to be the ~,.,h~"Jrr..~'bL-lc:.--' and
XV'PM ~~ fPw'~ 'ö .
rrNl<-~~~ ,LL"-1>fPARAMOUNT,LLC, and the persons who executed
the instrument and acknowJedged to me that they having Uted the same on behalf of said
limited liability corporation. -
otary -blic for Idaho
Residing at: (Yrz.fu'~_l~, ~.k=
Commission expires: r Ò - b '20 u -<;
DEVELOPMENT AGREEMENT (AZ-03.00ó) . 28
CITY OF MERIDIAN
B~~ .
7ã1n 2. de tr..!U¡'-t7(,. ~
,;",,"'10' IIII#{'t?J/¿(el'vT - úl1; CÌ7~r- ~
""~ of Mf.9¡D¿ '" '
-,-",,~ . pno. '11-"1"1,,
~ ~v~~-"~ <
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£¿~b !" \
ITY CLERK ~ )If '" ~
~"~ ,of:;:
~"'Ó ÜSr .151 . Æ? .$
'-'.:. '1 ~~ /.
~"'" COUNT'" """,
""'1"'"1111"'"
Attest:
STATE OF IDAHO )
:ss
County of Ada
On this '1-1:h day of ALl~ ~ , in the year 2003,
before me, a Notary Public, personally appeared élì:' ~d William G. Berg,
know or identified to me to b¿the=~n1.~~!"e~ctlve1y, 5ì the City of Meridian,
who executed the instrument o~¡f¿ persJn~1iat executed the instrument of behalf of said
City, and acknowledged to me that such City executed the same.
(SEAL)
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........
JVuthH] ~VU~ J
Notary PubJic for Idaho
Residing at: -Ada. (,ow:;;,~ ~¡;;;
Commission expires: ~-2R-rf)';
DEVELOPMENT AGREEMENT (AZ-O3-006) - 29
EXHIBIT A
Lce:al Description Of Propertv
(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 (Parcel
No. s0425233800 and Parcel No. s0425233875), Meridian Joint School
District No.2, 911 N. Meridian Road, Meridian, Idaho (Parcel No.
s0425325460), Paramount, LLC, 12426 W. Explorer Drive, Suite 220,
Boise, Idaho 83713 (Parcel No.s04251101O0, Parcel No. s0425120605,
Parcel No. 80425141825, Parcel No. s0425141900, Parcel No.
80425233605, Parcel No. s0425233690, Parcel No. s042523391O, Parcel
No. s0425325470, and Parcel No. s0425336080), and Dwaine and Sharon
Wolfe, 4895 N. Meridian Road, Meridian, Idaho 83642, (Parcel No.
s0425131750, Parcel No. s0425417200, and Parcel No. s0425427800).
Applicant is Paramount, LLC, 12426 W. Explorer Drive, Suite 220, Boise,
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:
BEGINNING at the section comer common to Sections 25, 26, 35 and 36
of said T. 4N., R. 1W.;
Thence North 00°25' 11" East, 1318.88 feet on the section line common to
said Sections 25 and 26 to the South 1/16th 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 1,4 of the SW 1,4 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' 1 1" 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 point 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 \4 of the NW \4 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 \4 of the NW \4 of said
Section 25, to a point on the north.south mid-section line of s1!id 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.;
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°41'15" 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 êentral angle of 46°28'08" and a chord distance of
74.95 feet which bears South 51 °01'09" East;
Thence South 89°36'40" East, 1096.96 feet to a point on the e¡¡.sterly
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;
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°21'28" East, 1132.94 feet on said mid-section line to the
East 1,4 section corner of said Section 25;
DEVELOPMENT AGREEMENT (AZ.O3.006) - 32
Thence South 00°23'20" West, 2640.13 feet on the easterly section line of
said Section 25 to the southeast corner of said Section 25;
Thence North 89°27'26" West, 1340.92 feet on the section line common
to Sections 25 and 36 of said T. 4N., R, lW., to the East 1/16th 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 Y2 of the SW \.í, of the SE \.í, of said Section 25 to the Northeast
corner of the S Y2 of the SW 1,4 of the SE \.í, of said Section 25;
Thence North 89°27'28" West, 1340.10 feet on the northerly boundary
line of said S Y2 to the northwest corner of said S Y2 of the SW % of the SE
%;
Thence North 00°32'05" East, 660.01 feet on the north-south mid.section
line of said Section 25 to the Center.South ¡¡16th section corner of said
Section 25;
Thence North 89°25'33" West, 2013.32 feet on the northerly boundary
line of the SE 1,4 of the SW % and the SW \.í, of the SW \.í, of said Section
25;
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, 67C.46 feet on the section line common to
said Sections 25 and 36 to the real point of beginning. Said parcel
contains 397.11 acres more or less.
PARAMOUNT SUBDIVISION Ro8 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 corner common to Sections 25, 26, 35 and 36
ofsaidT.4N.,R,IW.;
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 1/16th 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 \4 of the SW 1,4 of said Section 25 to the REAL POINT OF
BEGINNING;
Thence North 00°25' 1 I" 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 1,4 of the NW 1,4 of said Section 25;
Thence South 89°24'37" East, 1952.44 feet on said southerly boundary
line and on the southerly boundary line of the NE 1,4 of the NW \4 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°31'01" 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 °41'04" East;
Thence South 44°01'45" East, 202.07 feet to a point of curve;
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 °41' 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 °01'09" 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 Oso19' 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 curvß having a
radius of 2S0.00 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 2S0.00 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 \12 of the SW \4 of the SE \4 of said
Section 25, to the northwest corner of said S 'h of the SW \4 of the SE \4;
Thence North 00°32'05" East, 660.01 feet on the north.south mid-section
line of said Section 25 to the Center.South 1/16th section corner of said
Section 25;
DEVELOPMENT AGREEMENT (AZ.O3-006) . 36
Thence North 89°25'33" West, 2184.46 feet on the northerly boundary
line of the SE 14 of the SW 14, and the northerly boundary line of the SW
\4 of the SW 14 of said Section 25 to the real point of beginning. Said
parcel contains 303.56 acres more òr less.
PARAMOUNT SUBDIVISION 17.6 ACRE R-40 ZONE PARCEL
DESCRIPTION
A parcel of land located in the East Yzof the SE \4 of Section 25, T. 4N.,
R. 1 W., B.M., Ada County, Idaho, more particularly described as follows:
Commencing at the East \4 section corner of Section 25 of said T. 4N., R.
lW.;
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, 897.58 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 1116th 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 112 of the SW ,,(, of the SE \4 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 (AZ.03.006) . 37
Thence 895.49 feet along the arc of 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 lOS.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.G ZONE PARCEL
DESCRIPTION
A parcel of land located in the NE ',4 of the SE ',4 of Section 2S, T. 4N., R.
lW., B.M., Ada County, Idaho, more particularly described as follows:
BEGINNING at the East '.4 section corner of Section 25, of said T. 4N., R.
lW.;
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 80°41 '34" West;
Thence North 00°23'20" East, 633.28 feet;
Thence North Osol9' 18" West, SO.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.O3-006) . 38
PARAMOUNT SUBDIVISION 18.6 ACRE L-O ZONE PARCEL
DESCRIPTION
A parcel of land located in the SWl,íj of the NW ',íj of Section 25, T..4N.,
R. IW., B.M., Ada County, Idaho, more particularly described as follows:
Commencing at the section comer common to Sections 25, 26, 35 and 36
of saidT. 4N., R; IW.;
Thence North 00°25'11" East, 2637.72 feet on the section line common to
said Sections 25 and 26 to the J.4 section corner common to 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, 66~.'J4 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 CoG PARCEL
DESCRIPTION
A parcel of land located in the SW 'A of the SW 'A of Section 25, T. 4N.,
R. 1 W., 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. I 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 \4 of the SW 1M
of said Section 25;
Thence South 89°25'33" East, 671.14 feet on the northerly boundary line
of said SW \4 of the SW \4;
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 CoG ZONE PARCEL
DESCRIPTION
A parcel of land located in the SE ',4 of the SE 1,4 of Section 25, T. 4N., R.
lW., B.M., Ada County, Idaho, more particularly described as. follows:
Commencing at the East \4 section corner of Section 25 of said T. 4N., R.
lW.;
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 sáid easterly
section line to the southeast comer 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. lW.;
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.O3.006) .40
EXHIBIT B
Findim!s of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ.03.006) - 4\
""\'
BEFORE THE MERIDIAN CITY COUNCIL
C/C OS/20/03
C/C 06.03.03
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION)
AND ZONING OF 397.11 ACRES )
FOR PROPOSED PARAMOUNT )
SUBDMSION, LOCATED WITHIN)
THE SQUARE MILE OF CHINDEN )
ROAD, MERIDIAN ROAD, )
McMILLAN ROAD, AND LINDER)
ROAD, MERIDIAN, IDAHO )
)
)
)
Case No. AZ-O3-006
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
PARAMOUNT, LLC,
APPLICANT
The above entitled annexation and zoning application having come on for public hearing
on May 20,2003, and continued until June 3, 2003, at the hour of7:00 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 Aschenbrenoer, 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
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 GRANTlNG APPUCATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-O3.006)
PAGE 1 OF 37
2.
The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles II 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 anoexation and
zoning is described in the application, is approximately 397.1 1 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. s0425336040), Sheridan Kooyers, 5940 N.
Linder Road, Meridian, Idaho 83642 (parcel No. s0425233800 and Parcel No. s0425233875),
Meridian Joint School District No.2, 911 N. Meridian Road, Meridian, Idaho (Parcel No.
s0425325460), Paramount, LLC, 12426 W. Explorer Drive, Suite 220, Boise, Idaho 83713
(Parcel No. s0425110100, Parcel No. s0425120605, Parcel No. s0425141825, Parcel No.
s0425141900, Parcel No. s0425233605, Parcel No. s0425233690, Parcel No. s042523391O,
Parcel No. s0425325470, and Parcel No. s0425336080), and Dwaine and Sharon Wolfe, 4895 N.
Meridian Road, Meridian, Idaho 83642, (Parcel No. s0425131750, Parcel No. s04254 1 7200, and
Parcel No. s0425427800). 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..O3.006)
PAGE 2 OF 37
t,
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 CoG (General Retail
and Service Commercial).
7.
The subject property is bordered to the north by rural residential (zoned RUT and
RI, Ada County), to the south by rural residential (zoned RUT, Ada County) and the proposed
Cedar 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 manoer:
Planoed Development consisting of764 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 CoG zones.
9.
The Applicant requests zoning of the subject real property as R.S, R-40, L.O and
CoG, 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.
11.
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 GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03-O06)
PAGE3 OF37
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 planoingjurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are iroposed:
A.
Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
ANEXATION AND ZONING CONDTIONS OF APPROVAL
I. 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 or non-approval
submitted to the Public Works Department. Iflateral 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 ZONING PARAMOUNT SUBDMSION
(AZ-O3-006)
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.)
5. The apl'lie¡mt shal! Feffiove Lot 37, Bloek 3 ÉÌ'em tlie legal !lesefiptiaB (tlie sea!flwest
Gomer oftlie s-1:Iè!liYigiaB) BeGaHÐe it !lees Bet meet the minimwR fiBdiags fer an
"exeel'te!l" use (MCC 12 Ii 3). f. re'/ise!l legal !leseAj3tioa for the !levalel'meBt shall Be
suBmi~ecl ta tlie Pl:!àlie 'Narks D6f!aFtm6!lt fer review, I'fler to al'jJre','al. (Deleted per
action of the City Council taken at their June 3, 2003 meeting.)
B.
Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
1.
The applicant shall do one of the following requirements for Meridian Road:
a. Dedicate by donation an additional I O-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 of28-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 minimum 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDMSION
(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 I O-feet of right-of-way along
McMillan Road, and construct a minimum 5- foot wide concrete sidewalk along
McMillan Road, located a minimum of28-feet ITom 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 Chin den 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 the intersections of West Dreyfus Street/Producer Avenue and the North
Lange AvenuelProducer Avenue to provide a minimum offset of I 25-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-O3-006)
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 of right-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 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.
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 APPUCATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDMSION
(AZ.03-006)
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 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. Iimprove 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 2 1 -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 1O0-square feet and
designed to safely chanoel 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDMSION
(AZ-O3-006)
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 public right .of-way, as proposed.
Maintain minimum of a 2 I-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
DrivelLinder Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 20181 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.
26. Construct a northbound right turn lane on Linder Road at the West Paramount
DrivelLinder Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 20181 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.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION
(AZ-03-006)
PAGE 9 OF 37
study. Prior to submittal of the final plat for the 201 st 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.
28. Construct a westbound right turn lane on McMillan Road at the West Studio
DrivelMcMilIan Road intersection, as recommended by the submitted traffic impact
study. Prior to submittal of the final plat for the 201 st 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 ofthe 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.
29. Construct a northbound left turn lane on Meridian Road at the West Stodio
DrivelMeridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 201 st 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 tiroe 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 fmal plat, as determined
by ACHD 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
DrivelMeridian Road intersection, as recommended by the submitted traffic impact study.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDMSION
(AZ-03-006)
PAGE 10 OF 37
Prior to submittal of the final plat for the 201 st 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.
31. Construct a northbound left turn lane on Meridian Road at the West Producer
StreetlMeridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 201 st 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.
32. Construct a southbound right turn lane on Meridian Road at the West Producer
StreetlMeridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 20 I st residential lot, or the platting of the first
non.residentiallot, 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.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDMSION
(AZ-03-006)
PAGE 11 OF 37
Prior to submittal of the final plat for the 201 st 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 ofthe 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 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 20 I st 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.
35. Construct a westbound right turn lane on West Studio Drive at the West Studio
DrivelMcMiIlan 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDMSION
(AZ-03-006)
PAGE 12 OF 37
39. Construct an exclusive northbound left turn lane on West Producer Street at the
West Producer StreetlMeridian 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 StreetIMeridian 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 DrivelMeridian 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 DrivelMeridian 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 DrivelLinder Road intersection, 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 DrivelLinder 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 Approval
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 ZONING PARAMOUNT SUBDMSION
(AZ-03.006)
PAGE 13 OF 37
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
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 ACHD Ordinances unless specifically waived
herein. An engineer registered in the State ofIdaho 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 pemùts), 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 (I -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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-O3-006)
PAGE 14 OF 37
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 planoed use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
c.
Adopt the Recommendations of the Meridian Fire Department as follows:
1. The project which comprised ofsingle family dwellings will require a fire. flow ofJ,OOO
gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall
be placed an average of 400' apart. 1997 UFC Appendix ill-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 of28' 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 SO homes. This will be a concern 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 ill-A
8. Multi-family residential on the site will require a fire-flow of IS00 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 of20' 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 ISO' in length that is not
provided with an outlet shall be required to have a approved turn around.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDMSION
(AZ-03-006)
PAGE 15 OF 37
D.
II. The proposed 1107 unit subdivision with an estimated 2.9 residents per household
would have a total estimated population of3,210 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 of2000 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 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.
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.
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-40, L-O and C.G are in
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND WNING PARAMOUNT SUBDIVISION
(AZ-03-006)
PAGE 16 OF 37
general compliance with the effective 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 community park 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 I O-acre elementary
school site within the subdivision. The Comprehensive Plan also indicates that the subject property
should have a "Multi-Use" pathway runoing 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 of pathways 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 Parks 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 Permit for a Planoed 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 SUBDMSION
(AZ-O3.006)
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 similar 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 manoer.
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 findings for "excepted" uses.
18.
It is not anticipated that the proposed residential uses will be hazardous, however, it is
found that the excepted uses may be disruptive to future or existing neighbors.
19.
It is found that the property to be anoexed will be served adequately by all essential
public facilities and services if all conditions of approval 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 canoot be recommended if the applicant does not meet ACHD
requirements.
Review of the ACHD, Police and Fire Department'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
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03..o06)
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 of the
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 welfare 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 ACHD and ITD
comments. Ifthe roadway canoot 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
vehicular 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 anoexation 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-Q3.006)
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 anoexation 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 anoexation and zoning designation.
26.
It is also found that the development considerations as referenced in Finding No.
12 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character ofthe 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, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written request for
anoexation 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.
FINDINGS 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 Planoing 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 I 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-8) Medium Densitv 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 comparable land use. Connection to the Municipal water and sewer
systems of the City is required.
(R-40) Hifrh Densitv Residential District: The purpose of the 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 of the City is required.
(L-O) Limited Office District: The purpose of the L.O District is to permit the
establishment of groupings of professional, research, executive, administrative, accounting,
clerical, stenographic, public service and similar uses. Research uses shall not involve heavy
testing operations of any kind or product manufacturing of such a nature to create noise,
vibration or emissions of a nature offensive to the overall purpose of this District. The L.O
District is designed to act as a buffer between other more intense nomesidential uses and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ.03-006)
PAGE2! OF37
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-G) General Retail and Service Commercial District: The purpose of the CoG District
is to provide for commercial uses which are customarily operated entirely or almost entirely
within a building; to provide for a review of the impact of proposed commercial uses which
are auto and service oriented and are located in close proximity to major highway or arterial
streets; to fulfill the need of travel-related services as well as retail sales for the transient and
permanent motoring public. All such districts shall be conoected 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 ofland. See Burt vs. The City ofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
7.
The development of the anoexed 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 ll-16.4A 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:
1.
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 GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION
(AZ-03..Q06)
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 of this
Order hereinafter stated.
2.
The application is for annexation and zoning of397.1 I acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
anoexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3.
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-anoexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A.
Adopt the Recommendations ofthe Meridian Planoing & Zoning Department as follows:
ANEXA TION AND ZONING CONDTIONS OF APPROVAL
I. 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 ITom
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 or non.approval
submitted to the Public Works Department. Iflateral 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 conditional 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 SUBDMSION
(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.)
5. The awlisEIHt shall reffiave Lat 37, Bleek 3 ffeffi the legal dessfÍptiaa (the Sø~¡e3t
eømer øfthe miBèi-.'isiBH) eÐS!lUSe it liBElS Ret meet the miai- fiadiHgß fer all
"ÐJleepted" 1:Ise (MCC 12 é 3). f. re'\'Îseà legal àes6FÌf!tiaH fer the develapmeat shaH be
submitted ta !lie Pablie 'Narks Depa:f!!H6ftt fer re'.'ier.v, pfÍør ta awFElval. (Deleted per
action of the City Council taken at their June 3, 2003 meeting.)
B.
Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
1.
The applicant shall do one of the following requirements for Meridian Road:
a. Dedicate by donation an additional I O-feet of right-of.way along Meridian
Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian
Road, located a minimum of28-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 of28.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 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 SUBDMSION
(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 4 1 .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:
a. Dedicate by donation an additionallO.feet of right-of-way along
McMillan Road, and construct a minimum 5.foot wide concrete sidewalk along
McMillan Road, located a minimum of28-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 of28-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 Chin den
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDMSION
(AZ-03.006)
PAGE 25 OF 37
9. Relocate the intersections of West Dreyfus Street/Producer Avenue and the North
Lange AvenuelProducer Avenue to provide a minimum offset of 12S-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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDNISION
(AZ-03-006)
PAGE26 OF37
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 directly to the north (the Packard and
Mastropaolo properties).
18. Construct a l6-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. Iimprove 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 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING P ARAMOVNT SUBDMSION
(AZ.O3-006)
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 chanoel 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 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 public right.of-way, as proposed.
Maintain minimum ofa 2 I-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 201 sl 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.
26. Construct a northbound right turn lane on Linder Road at the West Paramount
DrivelLinder Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 20 I sl 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDMSION
(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 may be required with each additional final plat, as determined
by ACHD 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
DrivelMcMillan Road intersection, as recommended by the submitted traffic impact
study. Prior to submittal of the final plat for the 20 I st 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.
28. Construct a westbound right turn lane on McMillan Road at the West Studio
DrivelMcMillan 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 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.
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 201" residential lot, or the platting of the first
non.residentiallot, 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
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 turn lane on Meridian Road at the West Studio
DrivelMeridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 201 st residential lot, or the platting of the first
non.residentiallot, 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.
31. Construct a northbound left turn lane on Meridian Road at the West Producer
StreetlMeridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 201 st 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.
32. Construct a southbound right turn lane on Meridian Road at the West Producer
StreetlMeridian 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 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 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 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
StreetlMeridian Road intersection, as recommended by the submitted traffic impact study.
Prior to submittal of the final plat for the 20 I st 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 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 20 1st residential lot, or the platting of the first
Í1on-residentiallot, 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 fmal 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 SUBDMSION
(AZ.03.Q06)
PAGE 31 OF 37
.' .
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.
39. Construct an exclusive northbound left turn lane on West Producer Street at the
West Producer StreetlMeridian 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 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 DrivelMeridian Road intersection, as recommended by the submitted
traffic impact study.
42. Construct an exclusive southbound right tum 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 DrivelLinder Road intersection, 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 DrivelLinder 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 Approval
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 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 ACHD Ordinances unless specifically waived
herein. An engineer registered in the State ofIdaho 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 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(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.
II. Any change by the applicant in the planoed 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 planoed use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
C.
Adopt the Recommendations of the Meridian Fire Department as follows:
1. The project which comprised ofsingle family dwellings will require a fire-flow ofl,OOO
gallons per minute available for duration of2hours 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 of28' 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 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 a fire-flow of 1500 GPM plus the
amount required by the fire sprinkler demand.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDMSION
(AZ-03-006)
PAGE 34 OF 37
, .
9. All access roads within the project shall have a clear driving surface with a minimum
width of20' 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 turn around.
11. The proposed 1107 unit subdivision with an estimated 2.9 residents per household
would have a total estimated population of3,210 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 of2000 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 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:
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
" .
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.
4.
The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the anoexation 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 of the Ordinance provided for in section 4 of this 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 final 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 may be adversely affected by the issuance or denial of the anoexation and zoning and who
may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
'1-- L.\+h- day of
-:ÇUA'U...-
,2003.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPUCATION
FOR ANNEXATION AND ZONING PARAMOUNT SUBDIVISION
(AZ-03.006)
PAGE 36 OF 37
r ...
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED*
VOTED~
VOTED RJ;:t.;.
VOTED~
VOTED -
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc CANDLESS
COUNCILMAN WILLIAM LM. NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
¡; - J!-.f -&3
DATED:
MOTION:
APPROVED:--X- DISAPPROVED:-
IZtr ~
Attest:
BY~~R~~ Dated: -
City Clerk ::-
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Z:\Work\M\MeridianlMeridian IS360M\Parwnount Sub AZ 03006 PP 03 004 CUP 03 001\AZF~ëíiße), .,. 18"1: ." ~!
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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)
PAGE 37 OF 37
Meridian City Council Meeting
August 5. 2003
Page 3 of 56
H.
I.
J.
K.
N.
Findings of Fact and Conclusions of Law for Approval: PP 03-
008 Request for Preliminary Plat approval of S9 building lots and 7
other lots on 34.52 acres in a proposed R.S zone for proposed
Birchstone Creek Subdivision by Centennial Development. LLC
- northwest corner of West Ustick Road and North Black Cat Road:
Findings of Fact and Conclusions of Law for Approval: VAR
03-013 Request for a Variance to Meridian City Code 12-4.5
requiring blocks to be not less than 400 feet and not more than
1,000 feet in length for Birchstone Creek Subdivision by
Centennial Development, LLC - northwest corner of West Ustick
Road and North Black Cat Road:
May 2003 Addendum to Development Agreement: (Touchmark
Living Centers AZ 99-0021) I CUP 03-005 Request for a
Conditional Use Permit for a Planned Unit Development for
Meadow Lake Villaae by Hummel Architects, PA - east of South
Eagle Road on East Franklin Road:
Development Agreement: AZ 00-026 Request for annexation
and zoning of 5.4 acres from Ada County RT zone to R.S for a
proposed Pianned Development for proposed Bear Creek
Subdivision No.6 (fka / approved as Kodiak Development) by
Bear Creek LLC - west of Meridian Road one.half mile south of
Overland Road:
L.
First Addendum to Exhibit "A" Legals of the Development
Agreement: AZ 00-018 Valley Shepherd Church of the
Nazarene:
M.
June 2003 Addendum to Development Agreement: AZ 99-010
Queenland Acres, Inc. and Bear Creek, LLC:
Development Agreement: AZ 03-006 Request for annexation
and zoning of 397.11 acres from RUT and R.1 zones to R.S, R.40,
L.O, and C.G zones for proposed Paramount Subdivision by
Paramount, LLC - west of North Meridian Road and north of West
McMillan Road:
o.
Sewer and Water Main Easement for Lochsa Falls Subdivision:
P.
Sewer Main Easement for Havasu Creek Subdivision No.2:
Q.
Sewer Main Easement for Havasu Creek Subdivision No.3:
Meridian City Council Meeting
August 5,2003
Page 4 of 56
R.
Water Main Easement for Creekside Arbour Phase 3:
S.
Approve Purchase of Lot in Castlebrook Subdivision No.1 for
Black Cat Lift Station:
T.
Streetlight Agreement for Cedar Springs Subdivision No.2:
u.
Change Order No.1 for Well No. 24 Pumping Facilities -
Irminger Construction:
v.
Approve Bills:
De Weerd: Item Number 3, Consent Agenda.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I move we approve the Consent Agenda, with the exception of moving Items 0, E,
and F to 6.0, 6-E and 6.F on the regular agenda.
Nary: Second.
Bird: And for the Mayor to sign and the Clerk to attest on all proper papers.
Nary: Second.
De Weerd: Okay. There is a motion to approve the Consent Agenda, Mayor to sign
and Clerk attest all appropriate papers. All those in favor say aye. Oh, I'm sorry, Mr.
Berg.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
MOTION CARRIED: ALL AYES.
Item 4.
Department Reports:
A.
Public Works Department:
1. Discussion of Silverstone Corporate Center Well Site,
Well No. 23 - Brad Watson:
De Weerd: Okay. Item 4. Department reports. Public Works. Brad.
Watson: Thank you, Madam President, Council Members. I trust you have a copy of
the memo that I wrote to you last week. There is really no new information. As I stated
in that memo, it was my understanding from the April 22nd Pre.Council Meeting that you
Meridian City Council Meeting
June 3, 2003
Page 16 of 67
De Weerd: Mr. Mayor?
Corrie: Mrs. de Weerd.
De Weerd: I move we approve request for Preliminary/Final Plat approval of two
building lots on 2.46 acres in an L.O zone by Gala Park Subdivision and to include all
staff comments, including the changing of the number n of the numbers in Item 5, A.5,
and to ask the attorney to draw up Findings of Facts and Conclusions of Law and
Decision and Order.
Bird: Second.
Corrie: Motion has been made and seconded to approve the request for
Preliminary/Final Plat approval of Gala Park Subdivision, any further discussion? Roll
call vote, please, Mr. Berg.
Roll call: McCandless, aye; Nary. aye; de Weerd, aye; Bird, aye.
Corrie: All ayes. Motion is approved.
MOTION CARRIED: ALL AYES
Item 12.
Item 13.
Item 14.
Continued Public Hearing from May 20, 2003: AZ 03-006 Request for
annexation and zoning of 397.11 acres from RUT and R-1 zones to R.8,
R-40, L.O, and C.G zones for proposed Paramount Subdivision by
Paramount, LLC - west of North Meridian Road and north of West
McMillan Road:
Continued Public Hearing from May 20, 2003: PP 03-004 Request for
Preliminary Plat approval of 764 building lots and 37 other lots on 392.17
acres in proposed R-8, R-40, L-O and C.G zones for proposed
Paramount Subdivision by Paramount, LLC - west of North Meridian
Road and north of West McMillan Road:
Continued Public Hearing from May 20, 2003: CUP 03-008 Request
for a Conditional Use Permit for a Planned Development for 764 single-
family residences, 73 townhomes, 270 apartments, community center.
schools and churches in proposed R-8, R.40, L.O and C.G zones for
proposed Paramount Subdivision by Paramount, LLC - west of North
Meridian Road and north of West McMillan Road:
Corrie: Now, we will go back up to Item Number 12, 13, and 14. This is a Continued
Public Hearing from May the 20th on the request for annexation and zoning of 397.11
acres from RUT and R-1 zones to R-8, R.40, L.O, and C.G zones for proposed
Paramount Subdivision. Item Number 13 is a request for a n Public Hearing, request
for a Preliminary Plat approval of 764 building lots and 37 other lots on 392.17 acres.
Meridian City Council Meeting
June 24, 2003
Page 2 of 52
Nary: With that I would second.
Corrie: Okay. The motion is to adopt the agenda as stated, any other discussion? All
those in favor say aye.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 3.
Consent Agenda:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
Approve minutes of April 29, 2003 City Council and Planning and
Zoning Commission Joint Workshop:
Approve minutes of May 13, 2003 Special Joint Meeting with Ada
County Commissioners:
Approve minutes of May 27,2003 Pre-Council Meeting:
Approve minutes of May 27,2003 City Council Regular Meeting:
Approve minutes of June 3, 2003 City Council Regular Meeting:
Approve minutes of June 3, 2003 Pre-Council Meeting:
Approve minutes of June 10, 2003 City Council Regular Meeting:
Findings of Fact and Conclusions of Law for Approval: AZ 03-
006 Request for annexation and zoning of 397.11 acres from RUT
and R.1 zones to R-S, R.40, L.O, and C-G zones for proposed
Paramount Subdivision by Paramount, LLC - west of North
Meridian Road and north of West McMillan Road:
Findings of Fact and Conclusions of Law for Approval: PP 03-
004 Request for Preliminary Plat approval of 764 building lots and
37 other lots on 392.17 acres in proposed R.S, R-40, L.O and C.G
zones for proposed Paramount Subdivision by Paramount, LLC -
west of North Meridian Road and north of West McMillan Road:
Findings of Fact and Conclusions of Law for Approval: CUP
03-008 Request for a Conditional Use Permit for a Planned
Development for 764 single.family residences, 73 townhomes, 270
apartments, community center, schools and churches in proposed
R-S, R.40, L.O and CoG zones for proposed Paramount
Subdivision by Paramount, LLC - west of North Meridian Road
and north of West McMillan Road:
Mendian City Council Meeting
June 24, 2003
Page 3 of 52
K.
L.
M.
O.
Findings of Fact and Conclusions of Law for Approval: PFP
03-001 Request for Preliminary / Final Plat approval of 2 building
lots on 2.46 acres in an L-O zone for Gala Park Subdivision by
Paul Aigner - 1620 Celebration Avenue:
Findings of Fact and Conclusions of Law for Approval: RZ 03-
005 Request for a Rezone of 4.738 acres from R-4 to L.O zones
for Christ Lutheran Church by Christ Lutheran Church - 1406
West Cherry Lane:
Findings of Fact and Conclusions of Law for Approval: CUP
03-012 Request for a Conditional Use Permit for a church I
preschool in a proposed L.O zone for Christ Lutheran Church by
Christ Lutheran Church - 1406 West Cherry Lane:
N.
Findings of Fact and Conclusions of Law for Denial: CUP 03-
017 Request for a Conditional Use Permit for a new Carl's Jr.
restaurant with drive-thru service by Clayton Jones - north of
Intersection of South Meridian Road, East Central Drive and South
Main Street:
Waterline Easement for Idaho Central Credit Union:
P.
Sewer and Waterline Easement for Franklin Storage:
Q.
Sewer and Water Main Easement for Tuscany Development -
Messina Village Subdivision No.1:
R.
Sewer Main Easement for Tuscany Development - Messina
Hills Subdivision No.1:
S.
Sewer and Water Main Easement for Sutherland Farms
Subdivision No.1:
T.
Lift Station Maintenance Agreement with Havasu Creek, LLC,
for Cobre Basin Subdivision No.1:
U.
License Agreement with Nampa & Meridian Irrigation District
for Sewer Crossing of Finch Lateral:
V.
Change Order No.1 for South Slough Trunk Sewer Project -
Brown Construction:
Meridian City Councit Meeting
June 24, 2003
Page 4 of 52
Corrie: Okay. Item Number 3 is the Consent Agenda,
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: On the Consent Agenda, Mr. Nichols, and Mr. Smith from Public Works have
asked to move Item Number W down to 5-W. Take it off the Consent Agenda and move
it down to the Regular Agenda as 5-W. With that I would move .. with that change,
move that we approve the Consent Agenda and for the Mayor to sign and the Clerk to
attest on all proper papers.
Nary: Second.
Corrie: Okay. Motion has been made and seconded. Is there any further discussion?
Hearing none, Mr. Clerk, roll call, please.
Roll call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay, All ayes. Motion carried.
MOTION CARRIED: THREE AYES, ONE ABSENT
Item 4.
Department Reports:
A.
Finance Department:
1.
Finance Report:
Corrie: Item Number 4 is the Department Reports, Finance Department.
Kilchenmann.
Mrs.
Kilchenmann: Mayor, Members of the Council, there is just a couple items I want to call
to your attention tonight. The first under investments and interest income that"" if Bruce
and"" our investment advisor and I have decided at this point we can only used the
Idaho pool for investment, because there is just .. interest rates are so low that it's not
possible to go out on the bond market or find certificates of deposit that are any --
anymore than like one and one and a half percent. I will check this again, the interest
rate forecast I made to the end of the year tomorrow when I find out if the feds actually
do lower interest rates again, because we might have to revise our revenue forecast
downward and take some action on that, depending on what happens with that.
De Weerd: Mr. Mayor?
Meridian City Council Meeting
May 20, 2003
Page 24 of 51
incorporate staff and applicant comments and for the attorney to draw up the Findings
of Facts and Conclusion of Law and Decision of Order.
Nary: Second.
De Weerd: Okay. It's been moved and seconded to approve the request for vacation.
Do we take roll call on this? Deputy Clerk.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
De Weerd: Okay. All ayes,
MOTION CARRIED: ALL AYES
Item 16.
Item 17.
Item 1 B.
Public Hearing: AZ 03-006 Request for Annexation and Zoning of
397.11 acres from RUT and R.1 zones to R.S, R.40, L.O, and C-G zones
for proposed Paramount Subdivision by Paramount, LLC - west of North
Meridian Road and north of West McMillan Road:
Public Hearing: PP 03-004 Request for Preliminary Plat approval of
764 building lots and 37 other lots on 392.17 acres in proposed R.S, R-40,
L-O and C.G zones for proposed Paramount Subdivision by Paramount,
LLC - west of North Meridian Road and north of West McMillan Road:
Public Hearing: CUP 03-00B Request for a Conditional Use Permit for
a Planned Development for 764 single.family residences, 73 townhomes,
270 apartments, community center, schools and churches in proposed R.
S, R-40, L.O and C.G zones for proposed Paramount Subdivision by
Paramount, LLC - west of North Meridian Road and north of West
McMillan Road:
De Weerd: Item 16, 17, and 1S, if Council doesn't have a problem with that, I would like
to open all three Public Hearings for AZ 03-006. Request for Annexation and Zoning of
397.11 acres from RUT and R-1 zones to R.S, RAO, L.O, and C.G zones for the
proposed Paramount Subdivision. PP 03-004 request for Preliminary Plat of 764
building lots and 37 other lots on 392.17 acres in the proposed R-S, R-40. L-O, and C-G
zones for the proposed Paramount Subdivision. Item 1S, CUP 03.00S, request for a
Conditional Use Permit for a Planned Development for 764 single.family residences, 73
townhomes, 270 apartments, community center, schools, and churches in the proposed
R-S, RAO, L-O, and C-G zones for proposed Paramount Subdivision. Open the Public
Hearing with staff comments.
Powell: Madam President, Members of the Council, my staff convinced me, since there
was only one item, really, of consequence on the agenda that I could fly solo today. It
wasn't until after that that I found out it was the biggest development that has ever gone
on in Meridian, but -- so forgive me while I muddle through this a little bit and try to get