Victory South AZ 13-014ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 36
BOISE IDAHO 01!30114 09:47 AM
RECORDEDSREQUESTOF III I~II~III~I~IIIIIIIIIIIIIIIIIIIIIII
Meridian City 114E~~?6~
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Hansen Merle A & F Laverne Trust, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this ~ day of January 2014, by and between City of Meridian, a municipal corporation of the
State of Idaho, hereafter called CITY, and Hansen Merle A & F Laverne Trust, whose address is 655
W. Victory Road, Meridian, Idaho 83642 hereinafter called OWNER/ DEVELOPER.
RECITALS:
1.1 WHEREAS, Owner is the sole owner, 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 referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-65 I 1 A provides that cities may, by ordinance,
require or permit as acondition of re-zoning that the Owner/Developer make
a written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-SB-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, The City of Meridian has submitted an application for
annexation and zoning of the Property described in Exhibit "A", requesting a
designation of Medium Density Residential District (R-8 District) under the
UDC and generally describing how the Property will be developed and what
improvements will be made; and
1.5 WHEREAS, The City of Meridian 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
DEVELOPMENT AGREEMENT -VICTORY SOUTH (AZ 13-014) HANSEN PROPERTY PAGE 1 OF 8
1.6 WHEREAS, the record of the proceedings for the requested annexation and
zoning designation of the subj ect 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 7t" day of January, 2014, the Meridian City
Council approved certain Findings of Fact and Conclusions of Law and
Decision and Order ("Findings"), which have been incorporated into this
Agreement and attached as Exhibit "B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on
annexation and zoning designation; and
1.9 WHEREAS, Owner/Developer deem it to be in their best interest to be able
to enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at their urging and requests; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement, herein being established as a result of evidence received
by the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure re-zoning designation is in accordance
with the amended Comprehensive Plan of the City of Meridian on April 19,
2011, Resolution No. 11-784, and the Zoning and Development Ordinances
codified in Meridian Unified Development Code, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
DEVELOPMENT AGREEMENT -VICTORY SOUTH (AZ 13-014) HANSEN PROPERTY PAGE 2 OF 8
3.2 OWNER/DEVELOPER: means and refers Hansen Merle A & F Laverne
Trust, whose address is 655 W. Victory Road, Meridian, Idaho 83642, the
party that is developing said Property and shall include any subsequent
owner/developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be re-zoned R-8 (Medium Density Residential
District) attached hereto and by this reference incorporated herein as if set
forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under City's Zoning Ordinance codified at Meridian Unified Development
Code.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
5.1.1 The Owner/Developer shall provide either a landscape buffer platted as a
common lot or plat at a minimum 10,000 square foot residential lots abutting
the Kentucky Ridge Estates Subdivision.
5.1.2 Future development of the site shall comply with the ordinances in effect at
the time of development.
5.1.3 Future development of the site shall comply with all bulk, use, and
development standards of the R-8 zoning district listed in UDC 11-2A-6.
6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2)
years after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. In the event Owner/Developer, or Owner's/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
DEVELOPMENT AGREEMENT -VICTORY SOUTH (AZ 13-014) HANSEN PROPERTY PAGE 3 OF 8
Property, this Agreement may be terminated by the City upon compliance
with the requirements of the Zoning Ordinance.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty (180) days; provided, however, that
in the case of any such default that cannot with diligence be cured within
such one hundred eighty (180) day period, 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.
7.3 Remedies. In the event ofdefault byOwner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification of this Agreement and de-annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserves all rights to contest
whether a default has occurred. This Agreement shall be enforceable in the
Fourth Judicial District Court in Ada County by either City or
Owner/Developer, or by any successor or successors in title or by the assigns
of the parties hereto. Enforcement maybe sought by an appropriate action at
law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed, for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes, the time for such performance shall be extended by the
amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default
and defaults waived and shall neither bar any other rights or remedies of City
nor apply to any subsequent default of any such or other covenants and
conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
DEVELOPMENT AGREEMENT -VICTORY SOUTH (AZ 13-014) HANSEN PROPERTY PAGE 4 OF 8
9. REQUIREMENT FOR RECORDATION: City shall record either a memorandum
of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such
recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in
connection with the re-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.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. 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 §11-5-C, to insure that installation of the improvements, which the
Owner/Developer agrees to provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by
all ordinances of the City of Meridian and the Property shall be subj ect 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.
14. 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, return receipt requested, addressed
as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER/DEVELOPER;
Hansen Merle A & F Laverne Trust
655 W. Victory Road
Meridian, Idaho 83642
with copy to:
DEVELOPMENT AGREEMENT -VICTORY SOUTH (AZ 13-014) HANSEN PROPERTY PAGE 5 OF 8
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of
this section.
15. 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.
16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
17. 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 office. This Agreement shall be
binding on the Owner/Developer of the Property, each subsequent owner and any other person
acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of
the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions
hereof and any successor owner or owners shall be both benefited and bound by the conditions and
restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute
appropriate and recordable evidence of termination of this Agreement if City, in its sole and
reasonable discretion, had determined that Owner/Developer has fully performed its obligations
under this Agreement.
18. 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.
19. DUTY TO ACT REASONABLY; Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
DEVELOPMENT AGREEMENT -VICTORY SOUTH (AZ 13-014) HANSEN PROPERTY PAGE 6 OF 8
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.
20.1 No condition governing the uses and/or conditions governing re-zoning 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.
21. 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
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Hansen Merle A & F Laverne Trust
By: ;~j~~ Gi
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CITY OF MERIDIAN
By:
Mayor ~' y de Weerd
ATTEST:
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Jayce .Holman, City Clerk ~' ~~ ~; ~~ ~ N_*--'
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DEVELOPMENT AGREEMENT -VICTORY SOUTH (AZ 13-014) HANSEN PROPERTY PAGE 7 OF 8
STATE OF IDAHO )
County of Ada,
ss:
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On this ?~ day of , 2014 before me, the undersigned, a Notary Public in and
for said State, personally ap eare Y •~- .~ ~ • ~'-~~. , known or identified to me to be
the ~ '~a,`.~ ~~ ,Hansen Merle A & F Laverne Trust, and acknowledged to me
that they executed the sa~"ne on behalf of said Trust.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
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On this~~ day of h v c~, , 2014, before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee .Holman, know or identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person
that executed the instrument of behalf of said City, and acknowledged to me that such City executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
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DEVELOPMENT AGREEMENT -VICTORY SOUTH (AZ 13-014) HANSEN PROPERTY PAGE 8 OF 8
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EXHIBIT °A"
The Northwest quarter of the Northeast quarter of Section 25, Township 3 North, Range 1
WesC, Boise Meridian, Ada County, Idaho,
EXCEPT a portion of Land lying in the Northwest quarter of the NortheasC quarter of
Section 25, Township 3 North, Range 1 West, Bosse Meridian, Ada County, Idaho, more
particularly described by metes and bounds as faLLowss
Commencing at the Northeast corner of the Northeast quarter of Section 25, Tnvmship 3
North, Range 1 West, Boise Meridian and running
North 89°43'11" West, i,319,73 feeC along the Northerly boundary of the said Northeast
quarter of Section 25 to a point marking the Northeast cornet of the Northwest guarCar of
the said Northeast quarter of Section 25, said point being the TRUE POINT OF BEtlINNINd;
thence
South 0°04'50" West, 1,293,07 feet along the Easterly boundary of the said NorthwesC
quarter of the Northease quarter of 5eceion 25 to a point Chat bears
North 0°04'50" ElasC, 30.00 feet from the Sbuthe~sC corner of the said Northwest quarter of
the Northeast quarter of Section 25; thence
North ~9°47'16" West, 55.00 feeC along a Sine parallel to and 30.00 feet Northerly from
the Southerly boundary of the said Northwest quarter of the Northeast quarter of 9ection
25 to a point; thence
North 31°18'38" West, 365,69 feet to a point; thence
North 0°04'50° LasC, 240,00 feet along a line parallel Co and 245,57 feat Westerly from
the said Easterly boundary of the Northwest guarCar of the Northeast quarter of Section 25
to a paint on the centerline of Che Ridenbaugh Canal; thence
slang said centerline of the Ride»baugh Canal Che following courses and distances;
North 24°00'00" WeaC, 295,00 feet to a point aE curve; thence
Northwesterly 99.12 EeeC along a curve to the right having a radius of 305.45 feet, a
tangent of 50.00 feeC, a deflection angle of 16°35'39" right and whose Long chord bears
North 14°42'13" West, 98~G9 feet to a point aE tangent; Chence
North 5°24'26" 4Jest, 125,.99 feet Co a point of curve] thence
Northwesterly 248.25 feeC along a curve to the left having a radius of 857.22 Eeet, a
tangent of 125.00 feat, a deflection angle of 16°35'34" left and whose long chard bears
North 13°42'13° West, 247.38 feet to a poinC of tangent; thence
North 22°00'00° SVeaC, 1x,00 Eeet to a paint on the said Northerly boundary of the
Northeast quarter of Section 25; thence
Leaving said centerline o£ the Ridenbaugh Canal and running
South 89°43'11° East, 467.00 feet along the said Northerly boundary of the Northeast
quarter of Section 25 to the POINT OF BEC3INNING.
AND FIXCEPT a parcel of land being a portion of the Northwest quarter of the Northeast
quarter of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho
and mare particularly described as Follows:
9eginning at an aluminum cap marking the Northeast corner of the Northwest quarter of the
Northeast quarter of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada
County, Idaho; thanes
along the Northerly boundary of the said Northwest quarter of the Northeast quarter of
(continued)
LEGAL DE9CRIPTTQN (aontirined}
Section 25,
North 89°43'11N West, 1,319.67 feet to an iron pin marking the Narthwest corner of said
Northwest quarter of the Northeast quaxter; thence
leaving said Northerly boundary and along the Westerly boundary of said Northwest quarter
of the Northeast quarter
South 0°05'51" West, 505.26 feet to an Iran pin, said iron pin being the REAL POINT OF
BEGINNING, thence
leaving said Westerly boundary
North 61°14'19" East, 24,12 feet to an iron gin; thence
North 84°23'51" East, 128,00 feet to an iron pin; thence
South 88°28'51° East, 183,15 feet to wn iron pin; thenae
South 7846'31" East, 375.27 feet to an iron pin; thence
South 7°D3'l5° East, 773 94 feet to an iron pin on the Southerly boundary of said
Northwest quaxter of the Northeast quarter; thence
along said Southerly boundary
North 89°44'41" West, 796.15 feet to an iron pin marking the Southwest corner of said
Northwest quarter of the Northeast quarter; thence
leaving said Southerly boundary and along the Westerly boundary of said Narthwest quarter
of the Northeast quarter
North 0°05'S1u East, 818,35 feet to the EOTNT OF HEGINNTNG•
AND ALSO ExCEPT a parcel of land situated in the Northwest quarter of the Northeast
quarter of Section 25, Tovmship 3 North, Range 1 West, Boise Meridian, Ada County, Idaho,
more particulazly described as followea
Commencing aC the Northwest corner of said Northwest quarter of the Northeast quarter;
thence
Easterly along North boundary thereof, a distance of 200 feet to a paint, the REAL POINT
OF BEGINNING; thenae
South parallel to the West boundary thereof, a distanCO of 220 feet to a point; thence
East parallel to the North boundary thereof, a distance of 200 feet to a point; thence
North parallel tc the West boundary thereof, a distance of 220 feet to a point; thence
Westerly along North boundary, a distance of 200 feeC to the REAL POINT OF BEGINNING.
Exhibit B
CITY OF MERIDIAN T
FINDINGS OF FACT, CONCLUSIONS OF LAW 1 ~
AND IDAHO
DECISION & ORDER
In the Matter of Annexation of 310.08 Acres of Land from the RUT, Rl, R4 and R6 Zoning
Districts in Ada County to the R-4 (Medium-Low Density Residential) and the R-8 (Medium-
Density Residential) Zoning Districts for Victory South, Located South of W. Victory Road, East of
S. Linder Road and West of S. Meridian Road, by City of Meridian Planning Division.
Case No(s). AZ-13-014
For the City Council Hearing Date of: December 3, 2013 (Findings on January 7, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 3, 2013, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 3, 2013, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 3,
2013, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 3, 2013, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13-014
-1-
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Division, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Comments all in the attached Staff Report for the hearing date
of December 3, 2013, incorporated by reference.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation is hereby approved per the comments in the attached
staff report for the hearing date of December 3, 2013, attached as Exhibit A.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
E. Attached: Staff report for the hearing date of December 3, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-13-014
-2-
MAYOR TAMMY de WEERD VOTF,D
("I'IE BREAKF,R)
/ day of
VOTED_ ,L~----
VOTED_~~ -_
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VOTED_ I ~~~~`---~
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Jaycee H i _n,_CitX erk
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
Dated: I - ~ " ~ ~`
By action of the City Council at its regular meeting held on the
`~ a.,~~-~ct.t , 2014.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
CITY OP MERIDIAN FINDINGS OF FACT, CONCI-.USIONS OF LAW AND DECISION c~c ORDER
CASE NO(S). AZ-13-014
-3-
EXHIBIT A
STAFF REPORT
Hearing Date:
TO:
FROM:
SUBJECT:
December 3, 2013
Mayor and City Council
Caleb Hood, Planning Division Manager
208-884-5533
IDAHO
Bruce Freckleton, Development Services Manager
208-887-2211
Victory South - AZ-13-014
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The City of Meridian Planning Division has applied for Category B annexation of approximately
310.08 acres of land from the RUT, Rl, R4 and R6 zoning districts in Ada County to the R-4
(Medium-low density residential) (221.94 acres) and R-8 (Medium-density residential) (88.14)
zoning districts. See Section IX of the staff repw~t for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed annexation (AZ) application in accord with the agency
and department comments in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit
D. The Meridian Planning and Zoning Commission heard this item on November 7, 2013. At
the public hearing, the Commission voted to recommend approval of the subiect AZ request.
a. Summary of Commission Public Hearing:
i. In favor: Planning Division, Public Works. Merle Hansen, Christy Rve and Gordon
Hamilton (Neutral) and Becky McKay
ii. In opaosition: Connie Tewalt, Curtis Hoagland and Steve Falter
iii. Commenting: Becky McKay and Alexandria McNish
iv. Written testimony: None
v. Staff presenting application: Caleb Hood
vi. Other staff commenting on application: Bill Nary, Tom Barry and Warren Stewart
b. Kev Issue(s) of Discussion by Commission:
i. Future water quality.
ii. Code violations and non-conforming structures/uses in the existing subdivisions.
iii. Timing and integration of the Meridian Water and Sewer District's infrastructure with
City's water and sewer infrastructure.
iv. City service connections vs. existing well and septic for the McNish property..
v. Timing and requirements for the decommissioning of the sewer lagoons.
vi. Use of the existing wells and septic systems remaining until development is proposed or
private systems fail.
c. Kev Commission Change(s) to Staff Recommendation:
i. Commission modified Planning Division's comment 1.1.1 including the Meridian
Heights Water and Sewer District.
d. Outstanding Issue(s) for Citv Council:
i. None
The N[eridian Citv Council heard this item on Decemher 3, 2013. At the public hearing,, the
ouncil an»roved the subiect AZ request.
Victory South - AZ-13-014 PAGE 1
EXHIBIT A
~. Summary of City Council Public Hearing:
y In favor: Planning ]Zjvision. Public Works. Jack Dotson, Robert Gamble. Darlene
Lunch and Val Hill
ji, Tn nnnnsition: C.nlleen C.nle_ Mike (`nle_ Tnnv Aramhuru, Tamers Hamilton. Charlaine
Fisch. Curtis Hoa¢land. Fred Tillman and Brenda Jones
jji~ Commentingi Gordon Hamilton. Alexandria McNish and Becky McKay
j~ Written testimony: Ro~Ahel. Rob Mitchell. Annastasia Miles and a petition with
ninPtv_f;ve (9~."a~jgnatnr s fram r _cid .neeg in the Kentnck~,R~]i pe Estates Subdivision
~iectin~ to the nrnposed R-8 zoning district on the~Iansen/Tewalt properties.
y! taff nresentine annlication: Caleb Hood and Tom Barry
yj~ Other staff commentine on annlication: Ted Baird and .Teff Lavev
Iz~ Kev Issues of Discussion by Council:
j, Cantinnatinn and future enforcement of the non-c nformity uses and/or structures
jj~ Water and sewer hook-un of the McNish nronerty.
jjy Transitional lot sizes adjacent to the Kentucky Ridge Estates Subdivision.
iY, Annexing the Hansen. Tewalt and MHWSD nronerties with the R-R zone.
y, Future and existin¢ street connectivity in the area.
yj. Pressurized irrigation system for the Kentucky Ride Estates and Meridian Heights
Subdivisions.
yji, Livestock remaininn on annexed property.
viii, Entnre development of the Nanspn, Tewalt,~jW~D and Centers nronerties reauirin~
itv review and annroval
.e, Kgy Council Changes to Statl7Commission Recommendation
j, ouncil amended comment (1.1.11. to reanire the Hansen nronerty develop with
transitional lots sizes and/or landscape buffer platted as a common lot adjacent ko the
entuckv Ride Estates Subdivision. Compliance will be required with the futur
evelonment of the property.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number AZ-13-
014, as presented in the staff report for the hearing date of December 3, 2013, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number AZ-13-014,
as presented during the hearing on December 3, 2013, for the following reasons: (You should state
specific reasons for denial)
Continuance
I move to continue File Number AZ-13-014 to the hearing date of (insert continued hearing date here)
for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site AddresslLocation:
The properties are generally located south of W. Victory Road, east of S. Linder Road and west
of S. Meridian Road in Section 25, Township 3 North, Range 1 West.
Owner(s): The proposed annexation is comprised of land owners in the Meridian Heights
Subdivision, the Kentucky Ridge Estates Subdivision, the Meridian Heights Sewer and Water
Victory South - AZ-13-014 PAGE 2
EXHIBIT A
District, and multiple other parcels owned by the Centers, Tewalt, and Hansens.
C. Applicant:
Caleb Hood, Planning Division Manager
City of Meridian Planning Division
33 E. Broadway Avenue
Meridian, Idaho 83642
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for an annexation. A public hearing is required before the Planning and
Zoning Commission and City Council on this matter, consistent with Meridian City Code Title
11, Chapter 5.
B. Newspaper notifications published on: October 7, and November 4, 2013(Commission);
November 11. and 25.2013 (Council)
C. Radius notices mailed to properties within 300 feet on: October 7, 2013 (Commission);
November 8.2013 (Council)
D. A public service announcement was emailed on: October 21, 2013 (Commission); November 18.
2013 (Council)
E. The properties were posted on: October 24, 2013 (Commission); November 19.2013 (Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject properties are either developed as County
residential subdivisions or are being farmed; zoned RUT, Rl, R4 and R6 in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Bear Creek and Strada Bellissima Subdivisions, zoned R-4 (City)
2. East: Future phases of the Cavanaugh Subdivision, zoned R-8 (City)
3. South: County residences and agricultural land, zoned RUT (Ada County)
4. West: County residences and agricultural land, zoned RUT (Ada County)
C. History of Previous Actions: The Kentucky Ridge Estates Subdivision and the Meridian Heights
Subdivision were approved through the County. The Tewalt, Hansen and portions of the Centers
properties were previously considered for development. These projects were withdrawn by the
applicant prior to Council action.
D. Utilities:
1. Public Works:
a. Location of sewer: The subject area can be served by an extension of the existing sewer
main located in W. Victory Road south of Bear Creek No.4 Subdivision.
b. Location of water: The subject area can be served by an extension of the existing water
mains located in W. Victory Road and S. Meridian Road.
c. Issues or concerns: Conversion of existing private sanitary sewer and water systems
over to municipal service.
Victory South - AZ-13-014 PAGE 3
EXHIBIT A
E. Physical Features:
1. CanalslDitches Irrigation: The Ridenbaugh Canal, Sundall Lateral, Calkins Lateral and other
smaller laterals transverse the subject properties. These waterways impact underdeveloped
properties and will be addressed when future development is proposed.
2. Hazards: A 75-foot easement for the Williams-Northwest Pipeline Corporation transverses
through a portion of the properties proposed for annexation. The Northwest Pipeline is a
natural gas pipeline that serves as a primary artery for the transmission of natural gas to the
Pacific Northwest and Intermountain Region. The gas company has provided comments on
the annexation request and those properties impacted by the easement must adhere to the
standards in the developer handbook provided by the gas company.
3. Flood Plain: NA
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject properties are designated "Low Density Residential" (LDR) and "Medium Density
Residential" (MDR) on the Comprehensive Plan Future Land Use Map (FLUM). The LDR
designation anticipates densities of 3 dwelling units or less per acre and the MDR designation
anticipates densities of 3 to 8 dwelling units per acre.
The City is proposing to annex approximately 310.08 acres of land with the R-4 and R-8 zoning
districts which is generally consistent with the Future Land Use Map (FLUM) designations. Based on
the densities and lot sizes platted with the Kentucky Ridge Estates and Meridian Heights
subdivisions, staff is of the opinion that the requested R-4 and R-8 zoning districts are appropriate for
these existing developments. With the future development of the vacant and underdeveloped parcels
subject to this annexation, staff will ensure compliance with the comprehensive plan and the
dimensional standards of the R-4 and R-8 zoning districts. No development is proposed concurrent
with the subject annexation request.
Staff finds the following Comprehensive Plan policies to be applicable to this application (staff
analysis in italics):
• "Eliminate existing inadequate private treatment systems in the City and discourage their use
within future City limits." (5.07.0X)
The connection of the homes in the Meridian Heights and Kentucky Ridge subdivisions to the
Ciry's water and sewer systems will necessitate the decon:missioninganl reclamation of two
sewer lagoons which are awned and operated by the Meridian Heights Water and Sewer
DlStl'ICt.
• "Coordinate with public works, police, parks and fire departments on proposed annexation
and development requests and the impact on services." (3.04.O1H)
Prior to submittal of the subject application, Police, Fire, Parks, and Public Works staff were
notified and asked to analyze the annexation for impacts. With the accompanying annexation
plan, the applicable City departments provided input and comments on the subject
annexation and the impacts to their departments/services. (See the application file for specifzc
comments for all City Departments).
• "Support a variety of residential categories (low-, medium-, medium-high and high-density
single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities." (3.07.01 E)
The properties contained within the annexation boundary are designated LDR and MDR.
Much of this area of Meridian is rural in nature. Under the R-4 and R-8 zoning districts a
Victory South - AZ-13-014 PAGE 4
EXHIBIT A
mix of residential housing is allowed that should provide additional housing choices in the
area.
• "Require new residential development to meet development standards regarding landscaping,
signage, fences and walls, etc." (3.05.0X)
No new development is proposed with the subject annexation application. With the future
development of the vacant properties, the developer will be require to comply with the
landscape, fencing, open space and amenity requirements set forth in the UDC.
Because the Kentucky Ridge Estates and the Meridian Heights Subdivisions were approved
through the County and subject to the County zoning regulations at the time of development,
existing structures and ancillary uses may not comply with all of City Code. If the subject
annexation is approved, all existing non-conforming structures and uses that do not comply
with the City's zoning regulations will be documented.
• "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.Ol.O1F)
The properties proposed for annexation are contiguous with the current City limits. With the
annexation of the properties, the existing, developed residences in the Meridian Heights and
Kentucky Ridge subdivisions will be connected to the City of Meridian's water and sewer
systems. The rernaining properties being annexed (Hansen, Tewalt, Centers and the Meridian
Heights Water and .Sewer District properties) are undeveloped (vacant) or underdeveloped
and city utilities will be extended with future development of these properties.
• "Review new development for appropriate opportunities to connect Local roads and collectors
to adjacent properties." (3.03.020)
Several stubs streets were constructed with the development of the Kentucky Ridge and
Meridian Heights subdivisions as they were platted in Ada County. Existing stub streets will
be extended with any future development of adjacent properties. There is an existing private
lane (Arcaro) that will need to be abandoned or converted to a public street if properties
adjacent redevelop in the future.
• "Implement the City's Pathways Master Plan." (5.03.O1A)
The comprehensive plan depicts a 10 foot pathway through the Centers property. If/When
future development is proposed, the developer will be required co»struct a 10 foot wide
multi-use pathway in accord with the Plan.
• "Compose and implement standards and mitigation measures for development near the
northwest Pipeline and the liquefied natural gas tank in northwest Meridian." (6.OS.OlI)
A portion of the Centers property is impacted by a 75 foot wide Williams-Northwest pipeline
easement. Staff will transmit application to the gas company when/if future development(s)
come forward. Any improvements and construction within the easement area will require the
review and approval of the gas company prior to the commencement of any construction.
• "Require adequate fees from new development to fund expansion of services." (6.02.01 C}
With any future development of the vacant/underdeveloped properties, the developer will be
required to pay impact fees to the City and ACHD to help fund the expansion of City services
and future road improvements.
The financial and performance responsibilities of connecting the Meridian Heights and
Kentucky Ridge subdivisions to the City of Meridian's sewer and water distribution systems
will be borne by a developer, whose property will also be annexed under this proposal
Victory South - AZ-13-014 PAGE 5
EXHIBIT A
(Centers). Upon the physical connection of the existing homes in the subdivisions to the
City's water system, full water hook-up fees of $1794 and full sewer hook-up fees in the
amount of $2749, will be paid to the City of Meridian by the Meridian Heights Water and
Setiver District. Any new home constructed in this area will be required to pay their individual
hook-up fees at the time of building permit.
• "Enforce City Codes." (3.05.02D)
Because the Kentucky Ridge Estates and the Meridian Heights Subdivisions were approved
through the County and have been subject to the County zoning regulations, existing
structures and ancillary uses may not comply with all of City Code. With the annexation of
the property, the Ciry will "inherit" any existing code violations. In 2008, the City's Code
Enforcement Ojf cers were asked to do a preliminary investigation of how many violations
may exist in this area; off cers found 75 properties with violations. If the subject annexation
is approved, all existing non-conforming structures and uses that do not comply with the
City's zoning regulations will be documented so code enforcement can address any new
violations that may come up in the future.
• "Engage the public inland use planning processes by using a variety of methods to inform
and solicit comments." (7.01.O1D)
In addition to the noticing requireme»ts of State and City Code, the City of Meridian and the
Meridian Heights Sewer and Water District held two (2) open house meetings to discuss the
annexation plan with property owners. These meetings were held on October 1 S, and 19,
2013.
For the above stated reasons, staff finds the proposed annexation complies, and is not in conflict with,
the policies, goals and objectives of the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of the Residential Districts:
Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing
opportunities consistent with the Meridian comprehensive plan. Residential districts are
distinguished by the allowable density of dwelling units per acre and corresponding housing types
that can be accommodated within the density range. The medium-low density residential (R-4)
district allows a maximum gross density of 4 dwelling units per acre and the medium-density
residential (R-8) district allows a maximum gross density of 8 dwelling units per acre.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 and R-8 zoning districts.
Any use not explicitly listed, or listed as a prohibited use is prohibited.
C. Dimensional Standards; The lots platted with the Kentucky Ridge Estates and Meridian Heights
subdivisions comply with the dimensional standards of the proposed zoning districts. Any
development proposed for the vacant or undeveloped properties must comply with the
dimensional standards outlined in the UDC. All future development on any property subject to
this annexation should be consistent with the dimensional standards listed in UDC Table 11-2A-5
and UDC 11-2A-6 for the R-4 and R-8 zoning districts.
D. Subdivision Design and Improvement Standards: Any development proposed for the vacant
properties in the future must comply with the subdivision design standards outlined in UDC 11-
6C-3.
E. Landscaping (UDC 11-3B) and open space/amenity standards (UDC 11-3G) will apply to any
future proposed development.
Victory South - AZ-13-014 PAGE 6
EXHIBIT A
F. The non-conforming section (UDC 11-1B) of the UDC applies to the properties developed with
the Kentucky Ridge Estates and Meridian Heights Subdivisions.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Annexation and Zoning
Overview: The City of Meridian (City) is proposing to annex 310.20 acres of land adjacent to the
existing City corporate boundaries and within Meridian's Area of City Impact (AOCI). The
proposed annexation is comprised of the lots in the Meridian Heights Subdivision, the lots in the
Kentucky Ridge Estates Subdivision, lands owned by the Meridian Heights Sewer and Water
District, and multiple other parcels owned by Hansen, Tewalt and Centers.
The proposed zoning designations for the area are R-4 (Medium low-density residential) and R-8
(Medium-density residential) which are consistent with the Future Land Use Map designations.
The proposed zoning designations are based on the Comprehensive Plan Future Land Use Map
designations, the current densities and lots sizes within the existing subdivisions, zoning of other
properties in the area, and probable suitable future uses and densities.
State Code: The proposed annexation is subject to the State of Idaho's rules and requirements of
a Category B annexation; the subject lands contain more than one hundred separate private
ownerships and platted lots where landowners owning more than fifty percent of the area have
consented to the subject annexation. Category B annexations require the City to prepare an
Annexation Plan which includes, at a minimum, the following elements:
(A) The manner of providing tax-supported municipal services to the lands proposed to be
annexed;
(B) The changes in taxation and other costs, using examples, which would result if the subject
lands were to be annexed;
(C) The means of providing fee-supported municipal services, if any, to the lands proposed to be
annexed;
(D) A brief analysis of the potential effects of annexation upon other units of local government
which currently provide tax-supported or fee-supported services to the lands proposed to be
annexed; and
(E) The proposed future land use plan and zoning designation or designations, subject to public
hearing, for the lands proposed to be annexed.
The City prepared an annexation plan as required under State Statute that provides information to
property owners, current and potentially future residents of the City of Meridian, and other
interested parties about anticipated changes in taxes, fees, zoning, and services should the subject
properties be annexed into the City (see project application for specific details of the Annexation
Plan).
Utility Extension: The main purpose of the annexation is to assist the Meridian Heights and
Sewer District in the Iogical extension of City utilities due to a public safety concerns with the
existing private systems. There is an executed three-party agreement that outlines the roles,
responsibilities and timing of utility extension in this area. The annexation of the Meridian
Heights and Kentucky Ridge subdivisions will require design and installation of a 12" water main
and a sewer main to connect the two subdivisions to the City of Meridian's water and sewer
systems. The remaining properties being annexed (Hansen, Tewalt, Centers and the Meridian
Heights Water & Sewer District properties) are undeveloped or underdeveloped. As such, no
extension of water or sewer services will be made to these properties at this time. Rather, any
Victory South - AZ-13-O14 PAGE 7
EXHIBIT A
future development of these properties will require the extension and connection to the City's
water distribution and sewer collection systems by the property owner at the time of
development, as is required in other property development cases citywide. However, if a well
and/or septic system on an underdeveloped property fails, prior to further development, and the
property is within 300 feet of the City's water and/or sewer system, the residence will be required
to connect to the City's system(s).
The financial and performance responsibilities of connecting the Meridian Heights and Kentucky
Ridge subdivisions to the City of Meridian's sewer and water distribution systems will be borne
by a developer, whose property will also be annexed under this proposal (Centers). Upon the
physical connection of the existing homes in the subdivisions to the City's water system, full
water hook-up fees of $1794 and full sewer hook-up fees in the amount of $2749, will be paid to
the City of Meridian by the Meridian Heights Water & Sewer District. Any new home
constructed in this area will be required to pay their individual hook-up fees at the time of
building permit.
The connection of the homes in the Meridian Heights and Kentucky Ridge subdivisions to the
City's water and sewer systems will necessitate the decommissioning and reclamation of two
sewer lagoons which are owned and operated by the Meridian Heights Water & Sewer District. If
the existing homes in Meridian Heights and Kentucky Ridge subdivisions are connected to the
City of Meridian's water and sewer collection systems, the property owners will be required to
pay their monthly water and sewer service fees which include a base fee and a usage fee.
Properties within the Meridian Heights Water & Sewer District that receive both sewer and water
service currently pay $?0 per month for those services. If the annexation is approved, the City of
Meridian will collect fees for water, sewer, and trash in this area. The current base fee for water is
$1.86 per 1,000 gallons plus a $5.38 monthly administration fee. The current base fee for sewer is
$5.43 per 1,000 gallons plus an $8.48 per month administration fee. These fees adequately cover
the Operation and Maintenance costs for providing the services. As such, annexation of the area
will have little financial impact on the City's Water and Sewer Enterprise Fund Operation and
Maintenance Budget.
Non-conforming Uses: As mentioned previously in this report, a portion of the property
proposed for annexation contains two (2) residential subdivisions approved under the County's
ordinances. There are likely uses and structures within the proposed annexation area that do not
comply with current Meridian code.
Code enforcement officers have patrolled the proposed developments and noted over 75
properties with code violations. The primary City violations noted on the properties consisted of
the following:
1) Accessory structures (e.g. -sheds) in the front and or side setbacks;
2) Inoperable and/or unregistered vehicles;
3) Recreational vehicles parked on driveways and;
4) Fencing in disrepair.
Any existing structure or activity that is being conducted on properties within the proposed
annexation area that is legal under Ada County code will be "grandfathered", if not outright
allowed, under City code as an existing non-conforming use ornon-conforming structure
provided there is not alife/safety hazard. Upon annexation, all existing non-conforming uses
and/or structures will need to be documented to forth a baseline on what violations are
grandfathered so code enforcement can address any new violations that may come up in the
future.
Victory South - AZ-13-014 PAGE 8
EXHIBIT A
Post annexation all proposed building additions, expansions, subdivision and the establishment of
new uses will require application to the City's Community Development Department.
Miscellaneous: Prior to submitting the application, the City obtained consent from several
property owners subject to this annexation: Hansen, Tewalt, Centers and Meridian Heights Water
& Sewer District (MHWSD). One of the provisions contained in all Declaration of Consent to
Annexation documents is a provision that the property may not be developed (or receive
development approval) until such time as the property owners and the City execute a
Development Agreement. The Ordinance of Annexation and Zoning shall contain a provision
prohibiting any development approvals on the Hansen, Tewalt and Centers properties until such
time as the property owner(s) and the City execute a Development Agreement. The MHWSD,
Centers and Tewalt properties are proposed for R-8 zoning; the Centers properties are proposed
for R-4 zoning. No development of the properties subject to this annexation is currently proposed.
A Development Agreement will be part of any future proposed development application.
In summary, Staff recommends approval of the proposed annexation request in accord with the
findings contained in Exhibits D and E.
X. EXHIBITS
A. Maps
I. Vicinity Maps
2. Future Land Use Map
B. Agency and Department Comments
C. Legal Descriptions and Exhibit Maps for Annexation
D. Required Findings from Unified Development Code
E. Required Findings from Idaho Code
Victory South - AZ-13-014 PAGE 9
EXHIBIT A
A. Drawings
1. Vicinity Maps
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Victory South - A1.-13-014 I'AG[
EXHIBIT A
B. AGENCY AND DEPARTMENT COMMENTS
1. PLANNING DIVISION
1.1 Annexation -Comments
1.1.1 The Ordinance of Annexation and Zoning shall contain a provision prohibiting any development
approvals on the Hansen, Tewalt, Meridian Heights Water and Sewer District and Centers
properties until such time as the property owner(s) and the City execute a Development
Agreement. With the development of the Hansen I' er -8 ,~e_.de Io er shall nroyide
either a landscat~e buffer platted as a common lot or plat at a Jninimum ,10,000 sctuare foo
residential lots abutting the Kentucky Rid~?e Estates Subdivision.
1.1.2 Any development of land containing the 75-foot wide gas line easement must comply with the
Northwest Pipeline Development Guidelines. An encroachment permit is required for any
improvements proposed within the pipeline easement.
1.1.3 Any fuhu•e development of the site must comply with the City of Meridian ordinances in effect at
the tithe.
l .l .4 Any future development shall comply with all bulk, use, and development standards of the R-4
and R-8 zoning district listed in UDC Table I 1-2A-5 and UDC'I'able 11-2A-6
1.1.5 Upon annexation all properties wilt be subject to all current City of Meridian ordinances.
2. PUBLIC WORI:S DEPAR'PMCN"1'
2.1 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The city requires that any existing surface or well water source
shall be used for the primacy source. if a surface or well source is not available, asingle-point
connection to the culinary water system shall be required.
2.5 Any cxisting domestic wcll system within this project shall be removed from domestic service par
City Ordinance Section 9-1-4 and 9 4 8, unless they are expressly allowed to remain tempot•arily
under the Agreement for Dissolution and Transfer of Assets and Liabilities from the Meridian
Heights Water and Sewer District to the City of Meridian; Settlement Agreement and Release.
Contact the City of Meridian Engineering Department at (208)898-5500 for inspections of
disconnection of services. Wells may be used far non-domestic purposes such as landscape
irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at
(208)334-2190.
2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8, unless they are expressly allowed to remain temporarily under the
Agreement for Dissolution and Transfer of Assets and Liabilities from the Meridian Heights
Water and Sewer District to the City of Meridian; Settlement Agreement and Release. Contact
Central District Health for abandonment procedures and inspections (208)375-521 1.
2.9 All parties to the Agreement for Dissolution and Transfer of Assets and Liabilities from the
Meridian Heights Water and Sewer District to the City of Meridian; Settlement Agreement and
Release shall he responsible for adherence to the terms and conditions thereof.
3. PoLlcr: DGPAI2'I'MLNT
3.1 As unincorporated land within Ada County, the owners of the property within the proposed
annexation area are currently served by the Ada County Sheriff's Department. If the proposed
annexation is approved the Meridian Police Department (MPD) will serve this area.
Victory South A7.-13-014 PAGE 10
EXHIBIT A
Meridian Police Department services will extend to the proposed annexation area but not without
adjustment to current staffing requirements, some immediately. hr 2008, when discussions first
started about annexing property in this area, code enforcement officers were asked to document
the code violations of Meridian City ordinances. Of#icers found 75 properties with violations. ]n
2012, officers were asked to reevaluate the area. Very few compliance changes were seen. if a
decision is made to annex this property and to "grandfather" all existing violations in the area as
non-conforming uses and/or structures, MPD will need to have the entire team of five code
officers including their supervisors, document each property parcel in this annexation to form a
baseline on what violations are grandfathered, so MPD can protect existing homeowners and
address any new violations that may come up in the future. `this work will take time and will
need to start upon annexation. Code officers will continue to work in the communities as needed.
As MPD looks at patrol officer staffing levels, this annexation will trigger a need for more patrol
officers sooner than later. '17iis is an established group of subdivisions with a researchable history
of calls for service that have been handled tlu•u the Ada County Sheriff's Oftice. An annexation
of this size would include 305 homes with 805 estimated new Meridian residents (305 X 2.G3).
The Meridian Police Department assigns its staff and resources according to a system of two
different geographical areas coupled with crime analysis data. MPD can anticipate additional call
load and calculate the demands that will be placed on current police resources. To ensure
adequate resources, the Police Deparhnent may be required to submit a budget enhancement for
the fiscal budget year 2015.
hi addition to police responses to calls for service through the E911 and non-emergency dispatch
system, many other police services will be extended to the communities' residents. Existing
patrol officers and specialized patrol traffic teams will help to reduce vehicle accidents and
enhance safety. MPD is also able to provide crime prevention resources, school resource officers,
crime analysis data and assistance, victim witness coordination, anti-drug education resources, a
Criminal Investigation Division to examine any crimes that may take place, and Code
Enforcement services to help resolve problems and enhance the quality of life as it relates to
peace and safety of the community. As our population continues to grow, we will need to increase
these resources for residents.
4. Ftlti~. DGP:V2TMI?N'r
4.1 The lands proposed to be annexed are currently served by the Meridian Fire Department under a
Joint Powers Agreement with the Meridian Rural Fire Protection District. Fire Station 1, located
at 540 E. Franklin Road, currently serves this area. In 201.5, Fire Station 6, located near the Ten
Mile/Overland intersection, is expected to be built. In addition, the area of Meridian Road south
of 1-84 between Victory Road and Lake Hazel Road is currently in the Fire Department long term
master planning for a future fire station location to better serve this area. Annexation of the
proposed lands would reduce the tax revenues collected by the Rural Fire District, which would
be offset by a formulaic reduction in the amount the District pays to the City to provide fire
services.
Coordination with Public Works will occur to ensure any changes or additions to water delivery
systems support adequate fu•e flow.
Emergency Medical Services (EMS) will continue to be provided by the Meridian Fire
Department and Ada County Paramedics; no change is proposed to this service.
5. Rr;PU1;Ltc SrttvtcLs
Victory South AG-13-014 PAGti 1 1
EXHIBIT A
5.1 Republic Services has no conceals related to this application.
6. PAIt115 DT,PART)\IF,NT
6.1 Parks and recreation services are currently provided in this area by the Ada County Department
of Parks and Waterways. All existing City parks and pathways are available for use by the
residents of the area to he annexed. Recreation pt•ograms, such as adult sports, are available to
City residents at a discount compared to County residents. The City currently has a 19nacre
Community Park, Bear Creek Park, located approximately %i mile north of the area to he
annexed. The City also has two public Neighborhood Parks in South Meridian, namely Gordon
Harris Park (11 acres, located near Mountain View High School) and Renaissance Park (6.5
acres, located in Tuscany Subdivision). There is a Park System Master Plan that identifies future
park needs and sites for all of the area of impact; that plan will be updated in 20 ] 4. The City's
Future land Use Map shows a titture park just south of the properties proposed fot• annexation,
northwest of the Amity/Meridian intersection. "the City currently owns a 77-acre site for a future
major parkin South Meridian,''/a mile east of Locust Grove Road on Lake Hazel Road. No new
City parks will need to be planned as a result of the proposed annexation.
7. ADA COCtNTI' HIGH~~'Al' DISTRIC"I'
Conrn-enls have not ye! been received•fi•om ACHD oil Iltis application.
8. COVIMUNI"I•Y PLANNING ASSOCIA"PION OI' SOttTHW[;S7• IDAHO
8.1 The 2035 Planning Functional Classification Map indicates State Highway 69 (Meridian Road) as
a principal arterial, Victory Road and Linder Road as minor arterials. There are no projects
identified in the FY2014-2018 Regional Transportation hnprovement Program (TIP) within the
study area. The proposed annexation location is not within a quarter mile of existing transit stops
or transit routes. The closest bus stop is approximately 1.5 miles north at the Axiom Gym park
and ride facility. This facility is utilized by carpoolers, and serves several Cotnmuteride vanpools
as well as Valley Regional Transit's intercity Route 40. The proposed annexation is in the
Meridian School District boundary, and is within the Macy McPherson Elementary entailment
area.
9. JOINT SCI-TOOL DISTRIC"T #2
Con7menls have not beers received.
Victory South AL-13-t)14 PAGE 12
EXH[BIT A
C. Legal Descriptions and Exhibit Maps for Annexation
September 27, 2013
®eseription far R-4 zone
Meridian City Annexation
Portion of Section 25, Township 3 N., Range I W., [~.M.
A parcel of lend located in lho NE '/, and the W %: of Section 25, Township 3 North, Range 1
West, Boise Meridian, Ada County, Idaho, and more particularly described as follows:
COMMENCING at a 518" Iron pin monurnont marking the northwest corner of said Sectipn 26,
from which a 5/8" Iron pin monument marking the NVV '/, corner of said section bears South
89°42'27" East, 2640.22 feet; thonco along the west boundary of the NW'/, of the NW'/. of said
Suction 26 South 00°15'21" West, 1325,72 feat to the SW corner of said NW Y of the NW 1/4,
the POINT OF BEGINNING;
Thence along the south boundary of said NW Y of the NW'/a South 89°45'13" Easf, 1321,85
feet to the 5E corner of said NW '/. of the NW Y<<, sold paint being the southwesterly comer of
Kentucky Ridge Eatales Subdivision, as filed for record in Bonk 70 of Plats at Page 7191,
records of Ada County, Idaho;
Thence along the southerly boundary of said Kentucky Ridge Estates Subdivision, the southerly
boundary of Kentucky Ridge Estalas Subdivision No, 2, as filed for record In Book 72 of Plats et
Page 7389, records of Ada County, Idaho, and the south boundary of the NE Y, of the NW Y, of
said Section 25 South 89°45'13" Eest, 835.02 feel to the southeast comer of Lot 3, Black 3 of
said Kentucky Ridge Subdivision;
Thence along the easterly boundary of aeid Lot 3:
Thence North 00°05'51" East, 528.85 feat;
Thence North 10°25'21° Easl, 339.91 feet;
Thence North 01"14'19" Easl, 33.74 feel to a point on the westerly right-of-way of S.
Kentucky Way;
Thence continuing along said easterly boundary, and along said right•of-way:
Thence North 57°37'50" W®sl, 85.30 feet to a point ofcurvature;
Thence 259.99 feel along the arc of a curve to the right, said curve having a radius of
258.00 feet, a delta angle of 57°44'15", and a long chord bearing North 28°45'42" West, 249.13
feet to a point of tangency;
Thence North 00°08'25" East, 141.72 feet;
Thence leaving said boundary and right-of-way, and continuing North 00°06'25" East, 49.94 feet
to a point on the north boundary of the NW Y of said Section 25;
120503-R-4.docx
Victory South AZ-13-014 PAGE 13
EXHIBIT A
Thence along said north boundary South 89°42'27` East, 572.00 Feet to the N '/< corner of said
Section 25, said point being the norihaesler-y comer of said Kentucky Ridge Subdivision;
Thence along the easterly boundary of said Kentucky Ridge Subdivision;
Thence South 00°05'51" West, 505.26 teal;
Thence North 61°14'19° East, 24.12 feet;
Thence North 84°?.3'51" East, 128.00 feet;
Thence South 88°28'51" East, 183.15 feet;
Thence South 78°46'31" East, 375.27 feet;
Thence South 07°03'15° East, 773.94 feet to the southeasterly corner of said Kentucky
Ridge Subdivision, said point being on the south boundary of the NW '/a of the NE % of said
Section 25;
Thence leaving said subdivision boundary, and along said south boundary South 89°44'41`
East, 523.97 feel to the SE corner of said NW '/, of the NE'/., said point being on tho extension
of the westedy boundary of Meridian Heights Subdivision No. 3, as filed for record In Book 132 of
Plats at Page 6274, records of Ada County, Idaho;
Thence along said westerly boundary and extension thereof, and the west boundary of the SW
'/. of the NE '/, of said Section 25 South 00°04'50" West, 1323.11 feet to the southwesterly
corner of sold Meridian Heights Subdivision No. 3, said point also being the SE corner of said
SW '/. of the NE '/.;
Thence leaving said westerly boundary and along the south boundary of said SW '/a of the NE
'/ North B9°44'53" Wesl, 1320.21 feet to the Center'/. corner of Bald Section 25, said point
being the NE corner of Parcel B as shown on Record of Survey No. 5104, records of Ada
County, Idaho;
Thence along the soulherty and westerly boundary of said Parcel B:
Thence South 00°05'29' Wes! (formerly South 00°09'52" East), 1324.03 feet to the SE
comer of said Parcel B;
Thence North 89°51'36" West (formerly South 89°53'03° West), 1829,22 feet to the
southwesterly cornerof said Parcel B;
Thence North 41°46'40" West (formerly North 42°02'00" West), 913.80 Ieet;
Thence North 44°06'40" West (formerly North 44°22'00° West), 45.Ob foal;
Thence North 59°37'40" Wast (formerly North 59°53'00° West), 42,00 Feet;
Thence North 70°50'40" West (formerly North 71°06'00° West), 50.00 feel;
120503-R-4.docx
Victory South AL-13-014 YAGf 14
EXHIBIT A
Thence North 83°13'Ob" West (formerly North 83°28'25° Wesl), 95.25 feet to a point on
the west boundary of the SW '/. of said Section 25;
Thence along Bald west boundary North 00°09'31 ° East (forme-1y Na1h 00°05'50" West),
565.72 feet to the W'/+ corner at said Section 25, the NW comer of said Warcel @;
Thence leaving the boundary of sold Parcel B and along the west boundary of the NW Ya of said
Section 25 Norih 00°15'21" East, 1325.90 feet to the POINT OF BEGINNING.
Sold parcel containing 221.94 acres, more or less.
This descripllon was prepared from data of record and dons not represent a Held survey of the
subject property.
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120503-R-4.docx
Victory South AL-13-014 PAGE 15
EXHBIT A
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T.JN., R.IW,. B.M. NCRIDW7, IDAeO 83617
170:83-ANXOWG bMb MERIDIAN, ADA COUNTY, I9AIi0 hno+e (109) 931-69~ Ee. (Poe) 978.09u
Victory South A7.-13-014 PACF. 16
EXHIBIT A
September 27, 2013
Description for R-8 Zane
Meridian City Annexation
Portion of Section 25, Township 3 N., Range 1 W., B.M.
A parcel of land located in the NE'/. and the W % of Section 25, Township 3 North, Rengs 1
West, Bose Meridian, Ada County, Idaho, and more particularly described as follows;
BEGINNING al a 6/8" Iron pin monument marking the N'/, corner of said Section 26, from which
a 5/8" Iron pin monument marking the northwest corner of said section bears North 89°42'27"
West, 2640.22 feet, said point being the norihwesterly corner of Kentucky Ridge Estates
Subdivision, as filed for record in Book 70 of Plats at Page 7191, records of Ada County, Idaho,
and being on the exiating Meridian Cily Limits boundary (Meridian Cily Ordinance #878);
Thence along the north boundary of the NE Y° of said Section 25 and the existing City Limits
boundary South 89°43'11" East, 1145,51 (eel;
Thence leaving the exiating City Limits boundary and continuing along said north boundary
South 89°43'11" East, 173.58 feet to the northwesterly comer of Parcel A as described in
Instrument No. 110048301, records of Ada County, Idaho;
Thence along the westerly boundary o(sald Parcel A:
Thence South 00°08'19" West, 386.55 feet;
Thence South 89°46'31" East, 198,19 (eel;
Thence South 75°27'20° East, 41.41 feel to the northwesterly corner of Meridian Heights
Subdivision No. 2, as tiled for record in Book 41 of Plats at Page 3353, records of Ada County,
Idaho;
Thence leaving said westerly boundary, and along the northerly and easterly boundary of said
Meridian Heights Subdivision No. 2:
Thence continuing South 76°27'20" Easl, 170.40 feet;
Thence South 63°64'20" East, 247.28 feet;
Thence South 59°04'20" East, 210,37 feet;
Thence South 80°32'50" Easl, 562,21 feet;
Thence South 89°43'11" Eest, 25.00 feet to a point on the east boundary of the NE'/, of
said Section 25 and the existing Gly Llmils boundary (Meridian City Ordinance No. 06.1259);
Thence along said east boundary and existing City Llmlts boundary South 00°03'40"
West, 803.14 feet;
120503-[t-8.docx
Victory South AI-13-014 PAGE 17
EXHIBIT A
Thence leaving said existing City Limits boundary end continuing along said east
boundary South 00°03'40° West, 135,28 lest to a point on the existing Cily Lint(ts boundary
(Meridian City Ordinance No, 0&1259);
Thence along said east boundary and existing CRy Limits boundary South OD°D3'40°
West, 442.98 feet to the norlheasteriy corner of Meridian Helghts Subdivision No. 1, as tiled for
record In Book 27 of plats et Page 1892, records of Ada Caunly, Idaho;
Thence along the easterly and southerly boundary of sold Meridlan Heights Subdivision No. 1:
Thence continuing along the east boundary of the NS '/a of Bald Section 25 end the
existing Cily Limits boundary South OD°o3'4D' West, 335.09 feet to the SE comer of said NE Y°;
Thence leaving the existing Ciry Ltmils boundary and along the south boundary of said
NE '/+ North 89°51'21" West, 830.70 feet to the southwesterly corner of said Meridlan Heights
Subdivision Nc. 1, said point also being the southeasterly eorn®r of Meridlan Helghts
Subdivision No. 3, as filed for record in Book 82 of Plats at page 6274, records of Ada County,
Idaho;
Thence continuing North 89°51'21 `West along the southerly boundary of said Meridlan Heights
Subdivision No. 3, 489.92 feet;
Thence along the ~~eslerly boundary of said Meridlan Heights Subdivision No. 3 and the
extension thereof North 00°04'50" Easl, 1323.11 feet to the southeast cwrner of the NW'/, of the
NE'/. of sa(d Section 25;
Thence leaving said westerly boundary, and along the southerly boundary of said NW '/, of the
NE % North 89.44'41" West, 523,91' feet to the southeast corner of said Kentucky Ridge Estates
Subdivision;
Thence along the easterly boundary of said Kentucky Ridge Subdivision:
Thence North 07°03'15' West, 773.94 feat;
Thence North 78°48'31" West, 37b.27 feet;
Thence North 86°28'51" West, 183.15 feet;
Thence South 84°23'51" West, 128,OU teat;
Thence South 81°14'19" West, 24.12 feet;
Thence North 00°06'61" Easl, 505,26 feet to the
POINT OP BEGINNING,
Said parcel containing 88.14 acres, more or less.
This description was prepared from data of retard and does not
represent a fleld survey of the subject properly.
120503-R-8.docx
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Victory South AL-13-014 1'AGG 18
EXHIBIT A
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S 89'IJ'il' C 17J.58' l8 S 00'37'50' E 567.11'
S 00'08'19' W J85.35' l9 S 89'IJ'II' C 2500'
S 69'16'31' f 19&19' l10 N DO'OS'St` E 505.20'
S 75'77'70" C 11.11' l21 S 61'11'19' W t/.t7'
S 75'2120' E 170.10' l92 S 84'2J'SY W 120.00'
5 61'51'20' E 947.78' l2S N 80'28'31' W 181.13'
S 39'01'7D' f 910.11 l24 N 78'1531" W 375,21
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r C)F t LOCATED IN SECTION 25 ID29 N. ROSMA ST, SIE. 100
L3N., R.IW.. B.M. 4ERiDW7, IDAttO 83612
120.:03-ANXDWG DkE lAERIDIAN, ADA COUNtt, IDAkO °hp'" (~)'~-~ r^~ poe) f3e•oou
Victory South AZ-13-014 PAGE 19
EXHIBI'T' A
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall malts a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map ameuchncnt cmnplies with the applicable provisions of the Comp~•ehensive
Plan;
The City of Meridian Planning Division is proposing to annex approximately 310.08 acres to
the R-4 and R-8 zoning disU•icts. The Council finds that the proposed map amendment is
generally consistent with the Low Density Residential and Medium Density Residential
Future Land Use Map designation for these properties. Therefore, the Council finds the
amendment is consistent with the applicable provisions of the Comprehensive Plan (see
section VIl above).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to the R-4 and R-8 zoning districts is
consistent with the purpose statements for residential districts as detailed in Section VIII
above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
`T'he Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. The Council considered all oral and written testimony provided
when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11-513-3.C).
The Council finds annexing these properties with the R-4 and R-8 zoning disU•icts is in the
best interest of the City.
Victory South A7,-13-014 PAGti 20
EXHIBIT A
E. Required Findings from Idaho Code
1. I.C. 50-222.S.b.vi
After considering the written and oral comments of property owners whose land would be
annexed and other affected persons, the city council may proceed with the enactment of an
ordinance of annexation and zoning. In the course of the consideration of any such
ordinance, the city must make express findings, to beset forth in the minutes of the city
council meeting at which the anrrexatiou is approved, as follows:
(A) The land to be annexed meets the applicable requirements of this section and does not
fall within the exceptions or conditional exceptions contained in this section;
The Council finds the proposed annexation meets the requirements of Idaho Code § SO-222
and does not fall within the exceptions or conditional exceptions contained in that section.
(B) The annexation would be consistent with the public purposes addressed in the
annexation plan prepared by the city;
The Council finds the annexation is consistent with the public purposes stated in the
annexation plan.
(C) The annexation is reasonably necessary for the orderly development of the city.
The Council finds the subject annexation is necessary for the orderly development of the
City.
Victory South A7,-13-014 PAGE, 21
PARCEL* 85672060395 85672060070 85672070610
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51225120700 85672060400 85672070610 85672070610
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51225131400 85672060405 85672070610 85672070610
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85672060365 84882810570 85672070610 85672070610
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85672060245 85672060420 85672070610 85672070610
85672060075 85672060275 85672070610 85672070610
85672060360 85672070270 85672070610 85672070610
85672060210 85672060425 85672070610 85672070610
85672060250 84882810165 85672070610 85672070610
85672060140 85672060280 85672070610 85672070610
85672060355 85672070460 85672070610 85672070610
85672060255 85672060430 85672070610 85672070610
85672060390 84882810180 85672070610 85672070610
85672060205 84882810510 85672070610 85672070610
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85672060350 84882810420 85672070610 85672070610
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85672060300 84882810525 85672070610 85672070610
85672060200 85672070260 85672070610 85672070610
85672060260 84882810405 85672070610 85672070610
85672050005 84882810706 85672070610 85672070610
85672060310 85672070630 85672070610 85672070610
85672060190 84882810210 85672070610 85672070610
85672060295 85672070590 85672070610 85672070610
85672060345 84882810540 85672070610 85672070610
85672060195 85672070642 85672070610 85672070610
85672060315 84882810225 85672070610 85672070610
85672060320 84882810555 85672070610 85672070610
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85672060265 84882810720 85672070610 85672070610
85672060290 85672070240 85672070610 85672070610
85672060340 85672060130 85672070610 85672070610
85672060325 85672070660 85672070610 85672070610
85672060270 85672070600 85672070610 85672070610
85672060285 85672070250 85672070610 85672070610
85672070170 84882820080 85672070610 85672070610
85672050285 84882810240 85672070610 85672070610
85672060435 84882810735 85672070610 85672070610
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