HomeMy WebLinkAboutTeare Terrace Subdivision AZ-00-008
BEFORE THE MERIDIAN CITY COUNCIL
06-22-00
IN THE MATTER OF THE )
APPLICATION OF ZAMBEZI )
GROUP, THE APPLICATION )
FOR ANNEXATION AND )
ZONING OF 24.89 ACRES FOR )
PROPOSED TEARE TERRACE, )
SUBDIVISION LOCATED AT )
THE SOUTHEAST 1/4, )
SOUTHWEST 1/4, SECTION 6, )
TOWNSHIP 3 NORTH, RANGE )
1 EAST, MERIDIAN, IDAHO )
)
Case No. AZROO-008
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 June 6, 2000, and continued until June 20, 2000, at the hour of
7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and
testified, and appearing and testifying on behalf of the Applicant was Gerald Martin,
and the City Council having duly considered the evidence and the record in this
matter therefore makes the following Findings of Fact and Conclusions of Law, and
Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP
TEARE TERRACE/ (AZ-00-008)
,.
I:
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for June 6, 2000, and continued until June 20, 2000, before the City
Council, the first publication appearing and written notice having been mailed to
property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the property under consideration more than fifteen (15) days
prior to said hearing and with the notice of public hearing having been posted upon
the property under consideration 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 June 6, 2000, and continued until June 20,2000, 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 s~ 67-6509 and 67-6511, and Meridian City Code ~s 1l~15-5
and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles II 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP
TEARE TERRACE / (AZ-00-008)
(
ordinance Establishing the Impact Area Boundary.
4. The property which is the subject to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full. The property is approximately 24.89 acres in size and is located
on the north side of Fairview Ave., west of Locust Grove Road. The property is
designated as Teare Terrace Subdivision.
5. The owner of record of the subject property is William Curtis, of
Meridian, Idaho.
6. Applicant is Zambezi Group, of Caldwell, Idaho.
7. The property is presently zoned by Ada County as Rural Transitional
(R-T), and consists of vacant land.
8. The Applicant requests the property be zoned as CG, R-15 and R-8.
9. The subject property is bordered to the north by R-8 zoning, to the
south C-G zoning, to the east and west R-8 and C-G zoning and city limits of the
City of Meridian are adjacent and abut to all sides of the subject property.
10. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
11. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP
TEARE TERRACE / (AZ~00-008)
(
12. The Applicant proposes to develop the subject property in the following
manner: residential and commercial subdivision.
13. The Applicant requests zoning of the subject real property as CG, R~15
and R-8 which is consistent with the Meridian Comprehensive Plan Generalized
Land Use Map which designates the subject property as Existing Urban.
14. There are no significant or scenic features of major importance that
affect the consideration of this application.
15. 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:
Adopt the Recommendations of the Planning and Zoning and Engineering
Departments as follows:
15.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project shall be tiled per City Ordinance. The ditches to
be piped shall be shown on the site plans. Plans shall be approved by
the appropriate irrigation/drainage district, with written confirmation of
said approval submitted to the Public Works Department. No variances
have been requested for tiling of any ditches crossing this project.
15.2 Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City
Ordinance. Wells may be used for non-domestic purposes such as
landscape irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP
TEARE TERRACE / (AZ-OO-008)
15.3 Off-street parking shall be provided in accordance with City of Meridian
Zoning and Development Ordinance (Ord. 11-13).
15.4 Paving and striping shall be in accordance with the standards set forth
in the City of Meridian Zoning and Development Ordinance (Ord.
11-13-4) and in accordance with Americans with Disabilities Act (ADA)
requirements.
15.5 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer for all
off-street parking areas. All site drainage shall be contained and disposed
of on-site.
15.6 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Section 11-13-4.C. and 12-5-2.M.
15.7 All signage shall be in accordance with the standards set forth in the
City of Meridian Zoning and Development Ordinance (Ord. 11~14). No
temporary signage, flags, banners or flashing signs shall be permitted.
15.8 Provide five~foot-wide sidewalks in accordance with City Ordinance
(Ord. 12-5-2.K).
15.9 All construction shall conform to the requirements of the Americans
with Disabilities Act.
15.10 The four (4) legal descriptions submitted with the application meet the
requirements of the City of Meridian and State Tax Commission. The
parcel is contiguous to the existing corporate city limits of the City of
Meridian.
15.11 The C-G zone for Lot 1, Block 2, immediately south of the R-8 block is
not acceptable. The lot size (21,928 sq. ft.) and placement (single family
residential along the full length of two sides of the lot) lends itself to
more of a transitional use between general commercial and single family
uses. A lower-intensity zone of Neighborhood Commercial (C-N) for
this lot, shall be required.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP
TEARE TERRACE / (AZ-OO-008)
15.12 The majority of commercial uses that would serve the area
neighborhoods (Le. banks, laundromats, day cares, service industries,
etc.) are permitted either outright or with a Conditional Use Permit in
both the C~N and C-G. But there are several uses permitted in the C-G
that are prohibited in the C-N, including auto repair, service stations,
hotels, truck stops, heavy equipment sales and auto sales lots. The
down-zoned C-N is a more appropriate zone for this location. The
Development Agreement shall prohibit Convenience stores and
Shopping Centers on this lot (which are permitted outright in the C-N
zone in the Schedule of Use Control, Section 11-8-1 .B.).
15.13 The R-15 zoning has been approved for Lot 1, Block 3 (apartment
complex), any future development shall be submitted as a Planned
Development per Ord. 11 ~4~ 7, which requires a PD for any lot
containing more than one principal building. This shall become a
condition of the Development Agreement.
15.14 The following sign conditions shall be attached to this property in the
Development Agreement:
. The Applicant shall be permitted either one (1) free-standing s~gn
per lot with a maximum of 72 sq. ft. per sign (including the sign
base) for the lots with Fairview frontage and 50 sq. ft. per sign
(including the sign base) for all other lots OR two (2) multi-
tenant project signs for all lots/future tenants in the subdivision,
each sign having a maximum area of 200 sq. ft. and a maximum
height of 20 feet.
. No sign along Fairview Avenue shall be within a clear vision sight
triangle.
. All signs along Fairview Avenue shall be evenly spaced to avoid
any blanketing effect.
. All signage shall be coordinated to provide a consistent and
uniform theme throughout the subdivision.
15.15 Hours of Operation: No details of hours of operation for the commercial
lots are provided. All future commercial uses immediately adjacent to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP
TEARE TERRACE / (AZ~00~008)
existing residential uses shall be limited to hours of operation which
comply with the City's noise ordinance.
15.16 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation
The Planning and Zoning Commission further recommend:
15.17 Lot 1 Block 1 shall be required to have a conditional use permit.
The City Council added the following recommendation at their June 20,2000,
meeting as follows:
15.18 The Applicant shall be required to have a 351 landscape setback on
Fairview.
16. 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. 15, 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.
17. It is also found that the development considerations as referenced in
Finding No. 15 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP
TEARE TERRACE / (AZ-00-008)
neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
18. It is found that the zoning of the subject real property as General Retail
and Service Commercial District (C-G), Neighborhood Business District, (C-N),
Medium High Density Residential District (R~15) and Medium Density Residential
District (R-8), 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 property as Mixed/Planned Use Development.
19. 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:
19.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
19.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
19.3. The application is consistent with Meridian's self identity.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP
TEARE TERRACE / (AZ-00-008)
19.4 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 ordinances of the City to the
subject application.
19.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
19.6 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
20. The property can be physically serviced with City water and sewer, if
applicant extends the lines.
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 S 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.
FINDINGS OF FACT ANn CONCLUSIONS OF LAW - Page 9
AND DECISION ANn ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP
TEARE TERRACE/ (AZ-OO-008)
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
programs.
4.2 To ensure that grmvth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
4.3 To encourage the kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
4.4 To provide housing opportunities for all economic groups
within the community.
4.5 To preserve and improve the character and quality of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP
TEARE TERRACE / (AZ-00-008)
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
4.6 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.
4.7 To provide community services to fit existing and projected
needs.
4.8 To establish compatible and efficient use of land through
the use of innovative and functional site design.
4.9 To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
4.B Comprehensive Plan Policies:
The subject property is located in an area designated as Existing Urban in the
Meridian Comprehensive Plan. The goals and policies listed below most
directly apply to the proposed project:
Goals Section
Goal 3: To encourage the kind of economic growth and development which supplies
employment and economic self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's ability to finance and
implement public improvements, services, and its open space character.
Goal 4: To provide housing opportunities for all economic groups within the
community.
Goal 8: To establish compatible and efficient use of land through the use of
innovative and functional site design.
FINDINGS: OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP
TEARE TERRACE / (AZ-00-008)
Economic Development Chapter
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 and features of each area.
Land Use Chapter
l.4U - Encourage new development which reinforces the City's present development
pattern of higher-density development within the Old Town area and lower-density
development in outlying areas.
l.8U - Promote the development of high-quality and environmentally compatible
residential areas that contain the necessary parks, schools and commercial facilities to
maintain and form identifiable neighborhoods.
2.1 U - Support a variety of residential categories for the purpose of providing the City
with a range of affordable housing opportunities.
2.3U - Protect and maintain residential neighborhood property values, improve each
neighborhood's physical condition and enhance its quality of life for residents.
4.8U - Encourage commercial uses, offices and medical-care uses to locate in the
Old Town district, business parks, shopping centers and near high-intensity activity
areas, such as freeway interchanges.
Transportation Chapter
l.4U - Monitor and coordinate the compatibility of the land use and transportation
system.
1.20U _ Encourage proper design of residential neighborhoods to ensure their safety
and tranquility.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP
TEARE TERRACE / (AZ-00-008)
Open Space. Parks and Recreation
2.5U ~ New subdivision development. . .will be considered as opportunities to. .
.encourage the development of recreational open spaces and parks as part of new
planned developments.
3.1 - To establish a network of open space corridors that are either improved
(landscaped), semi-improved (landscaped pathway only), or unimproved (left natural),
which have the potential to: a) Playa major role in conserving area scenic and natural
values, especially waterways, drainage ways, and natural habitat; b) Link residential
neighborhoods, park areas and recreation facilities.
3.4U - Through subdivision review, annexation, and zonmg, emphasize the
establishment of connecting trails and open space networks.
Housing Chapter
1.1 The City of Meridian intends to provide for a wide diversity of housing types. .
.in a variety of locations suitable for residential development.
1.4 - The development of housing for all income groups close to employment and
shopping centers should be encouraged.
1.6 - Housing proposals shall be phased with transportation, open space and public
service and facility plans, which will maximize benefits to the residents, minimize
conflicts and provide a tie-in between new residential areas and service needs.
1.12 - Land development regulations should be revised to encourage the infilling of
existing vacant parcels within the city limits.
1.l3U - Infilling of random vacant lots in substantially developed, single-family areas
should be considered at densities similar to surrounding development. Increased
densities on random vacant lots should be considered if:
a. The cost of such a parcel of land precludes development at surrounding
densities;
b. Development of uses other than single-family structures are compatible
, with surrounding development;
c. . It complies with the updated Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP
TEARE TERRACE / (AZ-OO-008)
1.19 - High-density development, where possible, should be located near open space
corridors or other permanent major open space and park facilities, and near
major access thoroughfares.
Community Design Chapter
5.2 - Ensure that all new development enhances rather than detracts from the visual
quality of its surroundings, especially in areas of prominent visibility.
6.5U -Establish land-use designations that reflect the character of existing
neighborhoods.
6.11 U - Promote well-planned and well-designed affordable housing in all Meridian
neighborhoods.
5. The requested zonings of General Retail and Service Commercial District
(C-G), Neighborhood Business District, (C-N), Medium High Density Residential
District (R-15) and Medium Density Residential District (R-8) are defined in the
Zoning Ordinance at SS 11-7-2 K, 11-7-2 H, 11-7-2 E and 11-2-7 D 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.
(C-N) Neighborhood Business District: The purpose of the C-N District is to
permit the establishment of small scale convenience business uses which are
intended to meet the daily needs of the residents of an immediate
neighborhood (as defined by the policies of the Meridian Comprehensive Plan);
to encourage clustering and strategic siting of such businesses to provide service
to the neighborhood and avoid intrusion of such uses into the adjoining
FINDINGS OF PACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP
TEARE TERRACE / (AZ-00-008)
residential districts. All such districts shall give direct access to transportation
arterial or collectors, be connected to the Municipal water and sewer systems of
the City, and shall not constitute all or any part of a strip development
concept.
(R-15) Medium High Density Residential District: The purpose of the R-
15 District is to permit the establishment of medium-high density single-family
attached and multi-family dwellings at a density not exceeding fifteen (15)
dwelling units per acre. All such districts must have direct access to a
transportation arterial or collector, abut or have direct access to a park. or open
space corridor, and be connected to the Municipal water and sewer systems of
the City. The predominant housing types in this District will be patio homes,
zero lot line single-family dwellings, townhouses, apartment buildings and
condominiums.
(R-8) Medium Density Residential District: The purpose of the R-8
District is to permit the establishment of single- and two-family dwellings at a
density not exceeding eight (8) dwelling units per acre. This District delineates
those areas where such development has or is likely to occur in accord with the
Comprehensive Plan of the City and is also designed to permit the conversion
of large homes into two-family dwellings in well-established neighborhoods of
comparable land use. Connection to the Municipal water and sewer systems of
the City is required.
6. . By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop residential
and commercial subdivision on this parcel of land.
7. Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8. The development of the annexed land, if annexed, shall meet and comply
with the Ordinances of the City of Meridian including, but not limited to: Section 12-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ZAlvIBEZI GROUP
TEARE TERRACE/ (AZ-00-008)
2-4 which pertains to development time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems.
9. The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
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:
1. The applicant's request for annexation and zoning of approximately
FINDINGS. OF FACT ANn CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP
TEARE TERRACE / (AZ-00-008)
24.89 acres to General Retail and Service Commercial District (C-G), Neighborhood
Business District, (C-N), Medium High Density Residential District (R-15) and
Medium Density Residential District (R-8) is granted subject to the terms and
conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 24.89 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
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
subject to de-annexation, with the City of Meridian, which provides for the following
conditions of development, to-wit:
3.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project shall be tiled per City Ordinance. The ditches to
be piped shall be shown on the site plans. Plans shall be approved by the
appropriate irrigation/drainage district, with written confirmation of said
approval submitted to the Public Works Department. No variances have
been requested for tiling of any ditches crossing this project.
3.2 Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance.
Wells may be used for non-domestic purposes such as landscape
irrigation.
3.3 Off-street parking shall be provided in accordance with City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP
TEARE TERRACE / (AZ-00-008)
Zoning and Development Ordinance (Ord. 11-13).
3.4 Paving and striping shall be in accordance with the standards set forth in
the City of Meridian Zoning and Development Ordinance (Ord.
11-13-4) and in accordance with Americans with Disabilities Act (ADA)
requirements.
3.5 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer for all
off-street parking areas. All site drainage shall be contained and disposed
of on~site.
3.6 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with City
Ordinance Section 11-13-4.C. and 12-5-2.M.
3.7 All signage shall be in accordance with the standards set forth in the City
of Meridian Zoning and Development Ordinance (Ord. 11-14). No
temporary signage, flags, banners or flashing signs shall be permitted.
3.8 Provide five-foot-wide sidewalks in accordance with City Ordinance
(Ord. 12-5-2.K).
3.9 All construction shall conform to the requirements of the Americans
with Disabilities Act.
3.10 The four (4) legal descriptions submitted with the application meet the
requirements of the City of Meridian and State Tax Commission. The
parcel is contiguous to the existing corporate city limits of the City of
Meridian.
3.11 The C-G zone for Lot 1, Block 2, immediately south of the R-8 block is
not acceptable. The lot size (21,928 sq. ft.) and placement (single family
residential along the full length of two sides of the lot) lends itself to
more of a transitional use between general commercial and single family
uses. A lower-intensity zone of Neighborhood Commercial (C-N) for this
lot, shall be required.
3.12 The majority of commercial uses that would serve the area
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP
TEARE TERRACE / (AZ-00-008)
neighborhoods (Le. banks, laundromats, day cares, service industries,
etc.) are permitted either outright or with a Conditional Use Permit in
both the C-N and C-G. But there are several uses permitted in the C-G
that are prohibited in the C-N, including auto repair, service stations,
hotels, truck stops, heavy equipment sales and auto sales lots. The down-
zoned C~N is a more appropriate zone for this location. The
Development Agreement shall prohibit Convenience stores and
Shopping Centers on this lot (which are permitted outright in the C-N
zone in the Schedule of Use Control, Section 11-8-1 .B.).
3.13 The R-15 zoning has been approved for Lot 1, Block 3 (apartment
complex), any future development shall be submitted as a Planned
Development per Ord. 11-4-7, which requires a PD for any lot
containing more than one principal building. This shall become a
condition of the Development Agreement.
3.14 The following sign conditions shall be attached to this property in the
Development Agreement:
. The Applicant shall be permitted either one (1) free-standing sign
per lot with a maximum of 72 sq. ft. per sign (including the sign
base) for the lots with Fairview frontage and 50 sq. ft. per sign
(including the sign base) for all other lots OR two (2) multi-
tenant project signs for all lots/future tenants in the subdivision,
each sign having a maximum area of 200 sq. ft. and a maximum
height of 20 feet.
. No sign along Fairview Avenue shall be within a clear vision sight
triangle.
. All signs along Fairview Avenue shall be evenly spaced to avoid
any blanketing effect.
. All signage shall be coordinated to provide a consistent and
uniform theme throughout the subdivision.
3.15 Hours of Operation: No details of hours of operation for the commercial
lots are provided. All future commercial uses immediately adjacent to
existing residential uses shall be limited to hours of operation which
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP
TEARE TERRACE/ (AZ-00-008)
comply with the City's noise ordinance.
3.16 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation
3.17 Lot 1 Block 1 shall be required to have a conditional use permit.
3.18 The Applicant shall be required to have a 35' landscape setback on
Fairview.
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 General Retail and Service
Commercial District (C-G), Neighborhood Business District, (C~N), Medium High
Density Residential District (R-15) and Medium Density Residential District (R-8),
Meridian City Code SS 11-7-2 K, 11-7-2 H, 11-7-2 E and 11-2-7 D.
5. Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided
in Meridian City Code S 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 S 67-6521 an affected person is a person who
has an interest in real property which may be adversely affected by the issuance or
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP
TEARE TERRACE / (AZ-00-008)
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
~ -fA..
:;:; -- day
of
7' tJ!v.
v ~
,2000.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED ~A.-
VOTED .--
VOTED -f/!:!.'_'/
VOTED ~'--
VOTED --
COUNCILMAN KEITH BIRD
COUNCILMAN TAMMY deWEERD
COUNCILMAN CHERIE McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 7-S-0D
MOTION:
APPROVED~ 7 ~~"iJf?rSAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
ByJ/ta.~~;:/uJh ~
City Clerk
Dated: l/S-,,-tJtJ
~
~
msglZ:\Work\M\Meridian I 5360M\Teare Terrace Agency AZ\AZFfClsOrder.wpd
FINDINGS OF FACT AND CONCLUSIONS OF LAW N Page 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY ZAMBEZI GROUP
TEARE TERRACE / (AZ-00-008)