HomeMy WebLinkAboutSparrowhawk Sub AZ-00-024BEFORE THE MERIDIAN CITY COUNCIL
C/C 02-06-01
IN THE MATTER OF THE )
APPLICATION OF SITZLAR )
REAL ESTATE DEVELOPMENT, )
LLC, THE APPLICATION FOR )
ANNEXATION AND ZONING )
OF 20.20 ACRES FOR A )
DEVELOPMENT OF A 3-LOT )
COMMERCIAL SUBDIVISION )
TO BE KNOWN AS )
SPARROWHAWK )
SUBDIVISION, LOCATED AT )
THE NORTHEAST CORNER OF )
NOLA ROAD AND FRANKLIN )
ROAD, MERIDIAN, IDAHO )
)
Case No. AZ-00-024
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on for
public hearing on February 6, 2001, at the hour of 6:30 p.m., and Shari Stiles,
Planning and Zoning Administrator, appeared and testified, and appearing on behalf
of the Applicant was Shawn Nickel, and appearing and testifying with comments
and/or concerns was John Anderson, and the City Council having duly considered the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE
DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ-00-024
Page I
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. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for February 6, 2001, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers of
record within three hundred feet (300') of the external boundaries of the property
under consideration more than fifteen (I5) days prior to said hearing and with the
notice of public hearing having been posted upon the property under consideration
more than one week before said hearing; and that copies of all notices were made
available to newspaper, radio and television stations as public service announcements;
and the matter having been duly considered by the City Council at the February 6,
2001, public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit
evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5
and 11-16-1.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE
DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ-00-02zi)
Page 2
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance establishing the Impact Area Boundary.
4. The property which is the subject of the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full.
5. The property is approximately 20.20 acres in size and is located at the
northeast comer of Nola Road and Franklin Road. The property is designated as
Sparrowhawk Subdivision.
6. The owner of record of the subject property is D. Arlene Stutzman, of
Meridian, Idaho.
7. Applicant is Sitzlar Real Estate Development LLC., of Eagle, Idaho.
8. The property is presently zoned by Ada County as RT, and consists of
residential and open ground.
9. The Applicant requests the property be zoned as C-G.
10. The subject property is bordered to the north by Locust Grove
Industrial Park, by Greenhill Estates Subdivision in Ada County to the south, a
Meridian school site to the east, a single family residence to the northwest, and city
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE
DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ-00-024)
limits of the City of Meridian are adjacent and abut to the north and east of the
subject property.
I 1. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12. The entire parcel is included within the Meridian Urban Service
Planning Area.
13. The Applicant proposes to develop the subject property in the following
manner: develop a 3-lot commercial subdivision.
14. The Applicant requests zoning of the subject real property as C-G which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Mixed/Planned Use Development.
15. There are no significant or scenic features of major importance that
affect the consideration of this application.
16. The City Council appreciates and recognizes the concerns of Milo O.
Elston who submitted a letter on January 3,2001.
17. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE
DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ-00-024)
Page 4
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
17.1 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
17.2
A condition of the Development Agreement shall be that development
and use of each lot in this subdivision will occur only through the
Conditional Use Permit process.
17.3
Due to the single-family use abutting Lot 1, Block 1, a minimum 25-
foot-wide planting strip, in accordance with City Ordinance 12-13, is
required along the property lines abutting the residential lot and shall be
a condition attached to this property in the Development Agreement.
17.4
A minimum lO-foot-wide landscape street buffer, platted as a separate
common lot, shall be required beyond the existing right-of-~vay line
along the full North Nola Road frontage.
17.5
A minimum 35-foot-wide landscape street buffer, platted as a separate
common lot, shall be required beyond the future right-of-way line along
the full Franklin Road frontage.
17.6
A detached sidewalk with a minimum 5-foot-wide planter strip between
the curb and sidewalk shall be required along the Franklin Road
frontage.
17.7
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 and plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department.
17.8
Any existing domestic wells and/or septic systems within this project w/Il
have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE
DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ-00-024)
Page 5
17.9
Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will
be required at locations designated by the Public Works Department.
All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants.
17.10
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Sections 11-13-4.C. and 12-5-2.M.
17.11 Off street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
17.12
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas in the proposed
future commercial lots. All site drainage shall be contained and disposed
of on-site.
17.13
All signage in the proposed future commercial lots shall be in accordance
with the standards set forth in Section 11-14 (or subsequently adopted
ordinance) of the City of Meridian Zoning and Development
Ordinance. No temporary signage, flags, banners or flashing signs will
be permitted.
17.14 Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
17.15 All construction shall conform to the requirements of the Americans
with Disabilities Act.
17.16
The Applicant is aware that strip commercial development is prohibited,
and therefore, Applicant shall be required to inform prospective buyers
of the lots that clustered, off-set setbacks and creative design shall be
encouraged and development representing any form of strip
development is not allowed.
Adopt the Recommendations of the Ada County Highway District dated
February 6, 2001, and upon the completion of their review adopt any
additional Recommendations in ACHD action to follow on or about February
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE
DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ-00-024)
Page 6
28, 2001.
18. 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. 17, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
18. It is also found that the development considerations as referenced in
Finding No. 17 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 of the general vicinity, in order to assure that the proposed use
will not change the essential character of the affected vicinity and will insure that the
proposed uses will not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
19. It is found that the zoning of the subject real property as General Retail
and Service Commercial District (C-G) requires connection to the Municipal Water
and Sewer systems and will be compatible with the Applicant's development
intentions, and will assure that the zoning is consistent with the Meridian
Comprehensive Plan Generalized Land Use Map which designates the subject
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FORANNEXATION AND ZONING/BY SITZLAR REAL ESTATE
DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ-00-024)
property as Mixed/Planned Use Development.
20. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
20.1
The consideration of the provisions of the Comprehensive Plan and the
requirements of the zoning ordinance assure that the processing of such
application is the nranagement of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive Plan
and the zoning ordinance of the City to all applications such as the
subject application.
20.2
This proposed new growth development will finm~ce public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
20.3
20.4
20.5
20.6
The application is consistent with Meridian's self identity.
The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive Plan and the zoning ordinance of the City to the subject
application.
Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE
DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ-00-024)
Page 8
Plan and the zoning ordinance of the City to the subject application.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies 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.
2. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted
December 21, 1993, Ord. No. 629, January 4, 1994.'
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.A The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE
DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ-00-024)
Page 9
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
programs.
To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
To encourage the ldnd of economic growth and
development which supplies employment and econmnic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
To provide housing opportunities for all economic groups
within the community.
To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
To encourage cultural, educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
To provide community services to fit existing and projected
needs.
To establish compatible and efficient use of land through
the use of innovative and functional site design.
To encourage a balance of land use patterns to insure that
revenues pay for services.
To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE
DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ-00z024)
Page 10
4.B
The Goals and Polices of the Comprehensive Plan that most
directly apply to the proposed project are as follows:
Goal 3 is "to encourage the kind of economic growth and
development which supplies employment and economic self-
sufficiency for existing and future residents, reduces the present
reliance on Boise and strengthens the City's ability to finance and
implement public improvements, services, and its open space
character."
Goal 8 is "to establish compatible and efficient use of land
through the use of innovative and functional site design."
Goal 9 is "to encourage a balance of land use patterns to insure
that revenues pay for services."
Economic Development
1.1 The City of Meridian shall make every effort to create a
positive atmosphere that encourages.., commercial enterprises to
locate in Meridian.
1.3 The character, site improvements and type of new
commercial or industrial developments should be harmonized
with the natural environment and respect the unique needs aa~d
features of each area.
1.5 Strip industrial and commercial uses are not in compliance
with the Comprehensive Plan.
Land Use
1.10U
3.7
Promote the design of attractive roadway entryway
areas into Meridian which will clearly identify the
community.
Industrial uses which require the storage or the
production of explosive or hazardous materials
should not be located near residential areas, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE
DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ-00-024)
Page 11
should conform to disposal, spill and storage
measures as outlined by the U.S. EPA.
4.3U
Encourage new conmaercial development in under-
utilized existing commercial areas.
5.9
The integrity and identity of any adjoining
residential neighborhood should be preserved
through the use of buffering techniques, including
screen plantings, open space and other landscaping
techniques.
5.12
Strip development within this mixed-use area is not
in compliance with the goals and policies of the
Comprehensive Plan.
5.13
Clustering of uses and controlled access points along
arterials and collector streets will be required.
5.14
Because these areas are near 1-84 and Franklin
Roads, high-quality visual appearance is essential. All
development proposals in this area will be subject to
development review guidelines and conditional use
permitting procedures.
Natural Resource & Hazardous Areas
2.1U
Development along major drainage ways will be
restricted to ensure that development does not cause
additional ground or surface water contamination.
3.1U
Manage and prevent unsuitable uses along
drainageways and protect the flood plain of creeks
and drains.
3.2U
Protect the potential beauty and recreational trail
opportunities of all Meridian waterways.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE
DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ-00-024)
Page 12
Community Design
1.3 Open space areas within all development should be
encouraged.
1.4 Major entrances to the City should be enhanced and
emphasized. Unattractive land uses along these
entrances should be screened from view.
2.1U Require businesses and government to install and
maintain landscaping.
2.3U Encourage the beautification of streets, parking lots.
· .etc.
5. The zoning of General Retail and Service Commercial District (C-G) is
defined in the Zoning Ordinance at § 11-7-2 K as follows:
(C-G) General Retail and Service Commercial District: The purpose of the
C-G 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 connected to the
Municipal water and sewer systems of the City, and shall not constitute strip
commercial development and encourage clustering of commercial development.
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a 3-lot
commercial subdivision.
7. Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE
DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ-00-024)
Page 13
City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983).
8. The development of the annexed land, if annexed, shall meet and comply
with the Ordinances of the City of Meridian including, but not limited to: Section 12-
2-4 which pertains to development time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems.
9. The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinances of the City of Meridian.
10. Section 11-16-4 A of the Zoning and Development Ordinance provides
in part as follows:
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel. Unless the commitment is modified or terminated by the City Council,
the commitment shall be binding on the owner of the parcel, each subsequent
owner, and each other person acquiring an interest in the property. A
commitment is binding on the owner of the property even if it is unrecorded;
however; an unrecorded commitment is binding on subsequent owners and
each other person acquiring an interest in the property only if the subsequent
owner and each other person acquiring an interest in the property has actual
notice of the commitment.
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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE
DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ-00-024)
Page 14
1. The applicant's request for annexation and zoning of approximately
20.20 acres to General Retail and Service Commercial District (C-G) for the
development of a 3-1or commercial subdivision is granted subject to the terms and
conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 20.20 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation nmst place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3. Developer enter into a Development Agreement that provides in the
event the conditions therein are not met by the Developer that the property shall be
subiect to de-annexation, with the City of Meridian, which provides for the following
conditions of development, to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
3.1
3.2
3.3
Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
A condition of the Development Agreement shall be that development
and use of each lot in this subdivision will occur only through the
Conditional Use Permit process.
Due to the single-family use abutting Lot 1, Block 1, a ~ninimum 25-
foot-wide planting strip, in accordance with City Ordinance 12-13, is
required along the property lines abutting the residential lot and shall be
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE
DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ-00-024)
Page 15
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
a condition attached to this property in the Development Agreement.
A minimum 10-foot-wide landscape street buffer, platted as a separate
common lot, shall be required beyond the existing right-of-way line along
the full North Nola Road frontage.
A minimum 35-foot-wide landscape street buffer, platted as a separate
common lot, shall be required beyond the future right-of-way line along
the full Franklin Road frontage.
A detached sidewalk with a minimum 5-foot-wide planter strip between
the curb and sidewalk shall be required along the Franklin Road
frontage.
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 and plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department.
Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance
Section 9-I-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will
be required at locations designated by the Public Works Department. Ail
streetlights shall be installed at subdivider's expense. Typical locations
are at street intersections and/or fire hydrants.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with City
Ordinance Sections 11-13-4.C. and 12-5-2.M.
Off street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
3.12 A drainage plan designed by a State of Idaho licensed architect or
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE
DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ-00-024)
Page I6
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas in the proposed future
commercial lots. All site drainage shall be contained and disposed of on-
site.
3.13
3.14
All signage in the proposed future commercial lots shall be in accordance
with the standards set forth in Section 11-14 (or subsequently adopted
ordinance) of the City of Meridian Zoning and Development Ordinance.
No temporary signage, flags, banners or flashing signs will be permitted.
Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
3.15 Ali construction shall conform to the requirements of the Americans
with Disabilities Act.
3.16
The Applicant is aware that strip commercial development is prohibited,
and therefore, Applicant shall be required to inform prospective buyers
of the lots that clustered, off-set setbacks and creative design shall be
encouraged and development representing any form of strip development
is not allowed.
Adopt the Recormnendations of the Ada County Highway District dated
February 6, 2001, and upon the completion of their review adopt any
additional Recommendations in ACHD action to follow on or about February
28, 2001.
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real
property which is the subject of the application to (C-G) General Retail and Service
Commercial District, and Meridian City Code § 11-7-2 K.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SITZLAR RF2kL ESTATE
DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ-00-024)
Page 17
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 annexation and zoning and who may within twenty-eight (28) days after
the date of this decision and order seek a judicial review as provided by Chapter 52,
Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the ~--~S);t'~ day
of ,2001.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED
COUNCILMAN KEITH BIRD
VOTED
COUNCILWOMAN TAMMY deWEERD
VOTED
COUNCILWOMAN CHERIE McCANDLESS
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE
DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ-00-024)
VOTED_~p'--
Page 18
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED__
DATED:
MOTION: ~ ~
APPROVED~ DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
C~y Clerk
Dated:
ms g/Z:\WorkkMq~4eridiankM eridian 15360M\Sparrowhawk~AZF fClsOrder.do¢
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY SITZLAR REAL ESTATE
DEVELOPMENT LLC / SPARROWHAWK SUB. / (AZ-00-024)
Page 19