HomeMy WebLinkAboutFindings
November 5, 2004
MI 04-014
MERIDIAN CITY COUNCIL MEETING November 9, 2~4
APPLICANT Lombard Conrad Architects ITEM NO. 16
REQUEST Public Hearing -Request for a Miscellaneous Application to amend the previously
approved Development Agreement for Lot 1, Block 3, Parcel B, of Resolution Subdivision No. 1 -
southeast comer of East Overland Road and South millenium Way
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTHER:
Contacted:
Emailed:
COMMENTS
Sae oHached Staff Comments
Date:
Staff Initials:
Materials presented at publk meetings shall become property of the Ciiy of Meridian.
Phone:
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C Ob/08/04
IN THE MATTER OF THE
REQUEST FOR REQUEST FOR AN
AMENDMENT TO RECORDED
DEVELOPMENT AGREEMENT
FOR RESOLUTION SUBDIVISION
NO.1, LOCATED SOUTH OF EAST
OVERLAND ROAD AT
CELEBRATION AVENUE AND
GALA STREET, MERIDIAN,
IDAHO
BY: ASPEN GROVE
DEVELOPMENT, LLC,
APPLICANT
CASE NO. MI-04-004
FINDINGS OF FACT
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING REQUEST FOR AN
AMENDMENT TO RECORDED
DEVELOPMENT AGREEMENT
The above entitled matter coming on regularly for public hearing before the City Council
on June 8, 2004, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East Idaho, and
Steve Siddoway for the Planning and Zoning Department, Jason Densmer, and Mark Guho,
appeared and testified, and the City Council having received a report from Craig Hood for the
Planning and Zoning Department, and the City Council having received testimony as part of the
record of this matter, and the applicant having submitted his application for a request for an
amendment to recorded Development Agreement, and which application is herein received and
adjudged by the City Council pursuant to Meridian City Code § 8-2-5, and being fully advised in
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO
RECORDED DEVELOPMENT AGREEMENT FOR RESOLUTION SUBDIVISION NO. 1
BY: ASPEN GROVE DEVELOPMENT, LLC FOR MI-04-004
PAGE 1 OF 6
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the premises does hereby make the following Findings of Fact and Conclusions of Law and
Order of Decision, as follows:
FINDINGS OF FACT
1. The property is generally located south of East Overland Road at Celebration
Avenue and Gala Street, Meridian, Idaho.
2. The applicant of the subject property is Aspen Grove Development, LLC.
3. The owner of the subject property is Aspen Grove Development, LLC, and Mark
Guho who is a registered agent for Aspen Grove Development, LLC, has submitted the subject
application.
4. The location of the subject property is presently located in an L-O zone.
5. The legal description of the property is on file in the City Clerk's office which is
located at 33 East Idaho Street, Meridian, Idaho.
6. The applicant, Aspen Development, LLC, has requested modification to a
Development Agreement for approximately 5.2 acres located on the south side of Gala Street,
just south of Overland Road, and just east of Millennium Way, in an L-O zone. The subject
Development Agreement, dated July 18, 2000, recorded on July 20, 2000 as Instrument No.
10056508, records of Ada County Idaho. The applicant is proposing to amend Item 4 on Page 4
of the recorded Development Agreement for RZ-00-003 (Resolution Subdivision No. 1). Item 4,
"Uses Permitted by This Agreement" states:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under
"City's" Zoning Ordinance codified at Meridian City Code Sections 11-7-2 G
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO
RECORDED DEVELOPMENT AGREEMENT FOR RESOLUTION SUBDIVISION N0. 1
BY: ASPEN GROVE DEVELOPMENT, LLC FOR MI-04-004
PAGE 2 OF 6
which are herein specified as follows:
(L-Ol Limited U_ffice District: The purpose of the L-O District is to permit the
establishment of groupings of professional, research, executive, administrative,
accounting, clerical, stenographic, public service and similar uses. Research uses
shall not involve heavy testing operations of any kind or product manufacturing of
such a nature to create noise, vibration yr emissions of a nature offensive to the
overall purpose of this District. The L-O District is designed to act as a buffer
between other more intense nonresidential uses and high density residential uses,
and is thus a transitional use. Connection to the Municipal water and sewer system
of the City is a requirement in this District.
With the further restriction that all uses and development of the subject real
property shall be governed under the conditional use permit process as a planned
development.
For the construction and development of a planned commercial development.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
The applicant is proposing to amend the Development Agreement to remove the obligation for
future uses on Lot 1, Block 1, Resolution Subdivision No. 1, from obtaining Conditional Use
Permit approval (see Applicant's Submittal Letter, dated May 14, 2004).
Item 22.1 on Page 11 of the recorded Development Agreement for this property states:
22.1 No condition governing the uses and/or conditions governing development of the
subject "Property" herein provided for can be modified or amended without the
approval of the Ciry 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.
7. This miscellaneous application is for an amendment to the recorded Development
Agreement (Instrument No. 1005650) for 5.2 acres. The applicant agrees to the majority of the
existing terms and conditions in the recorded Development Agreement, however, the applicant
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO
RECORDED DEVELOPMENT AGREEMENT FOR RESOLUTION SUBDIVISION NO. 1
BY: ASPEN GROVE DEVELOPMENT, LLC FOR MI-04-004
PAGE 3 OF 6
•
desires to have the recorded Development Agreement clarify the uses allowed under the City's
Zoning Ordinance codified at Meridian City Code § 11-7-2 G; that the property will be governed
under the conditional use process as a planned development for commercial development, and the
applicant desires to remove the obligation for future uses on Lot 1, Block 1, Resolution
Subdivision No. 1, from .obtaining Conditional Use Permit approval.
8. The subject application, is pertaining to approximately 5.2 acres located on the
south side of Gala Street, just south of Overland Road, and just east of Millennium Way, in an L-
Ozone.
9. The applicant shall be required to comply with all conditions and requirements within
the original Development Agreement (dated July 18, 2000, recorded on July 20, 2000 as Instrument
No. 10056508, records of Ada County Idaho, with the exceptions of the amendments to 4.1, 4.2 and
22.1, as addressed within the Amendment to Development Agreement.
CONCLUSIONS OF L~iW
1. Approval of this request to allow an amendment to recorded Development
Agreement for 5.2 acres, is based upon the information provided by the applicant, staff
comments and testimony at the public hearing on June 8, 2004, and which subject property is
located south of East Overland Road at Celebration Avenue and Gala Street, Meridian, Idaho.
The applicant is required to comply with the conditions as stated in Findings of Fact No. 4.
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO
RECORDED DEVELOPMENT AGREEMENT FOR RESOLUTION SUBDMSION NO. 1
BY: ASPEN GROVE DEVELOPMENT, LLC FOR MI-04-004
PAGE 4 OF 6
•
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code § 12-
3-5 and based upon the above and foregoing Findings of Fact which are herein adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1. That the applicant is granted approval to an amendment to recorded Development
Agreement for 5.2 acres, located south of East Overland Road at Celebration
Avenue and Gala Street, Meridian, Idaho; and that the applicant shall be required
to comply with all the above conditions and requirements of staff and/or
governmental entities.
B action of the City Council at its regular meeting held on the ~Z~ day of
Gvne_ , zoo4.
ROLL GALL:
COUNCILMAN SHAUN WARDLE
COUNCILMAN WILLIAM L.M. NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED_ ~~~
VOTED__~
VOTED~~
VOTED_~~~
VOTED
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO
RECORDED DEVELOPMENT AGREEMENT FOR RESOLUTION SUBDIVISION N0. 1
BY: ASPEN GROVE DEVELOPMENT, LLC FOR MI-{?4-0U4
PAGESOF6
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, the
and City Attorney.
•
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Z;IWorklMlMeridianlMeridian 153GOM1Resolution Subdivision No. 1 -Aspen Cove Delpma MI-04-0041FflC]sOrdMI-04-004.doc
FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO
RECORDED DEVELOPMENT AGREEMENT FOR RESOLUTION SUBDIVISION NO. 1
BY: ASPEN GROVE DEVELOPMENT, LLC FOR MI-04-004
PAGE 6 OF 6
• •
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
06-09-00
TN THE MATTER OF THE
REQUEST FOR REZONE OF
APPROXIMATELY 37.64 ACRES
FOR PROPOSED RESOLUTION
BUSINESS PARIC LOCATED AT
TI-IE SOUTHEAST CORNER OF
OVERLAND ROAD AND S.
LOCUST GROVE ROAD,
MERIDIAN, IDAHO
Case No: RZ-00-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION
FOR REZONE
G.L. VOIGT DEVELOPMENT,
Applicant.
The above entitled matter on the rezoning application of 3 7. b4 acres
having comb on for public hearing on June 6, 2000, at the hour of 7:30 o'clock p.m.,
and Council having received the report of Shari Stiles, Planning and Zoning
Administxaxor, and appearing and testifying an behalf of the Applicant was Becky
Bowcutt of Briggs Engineering, Inc., and those appearing with comments or concerns
were: Marion Bartell, Ted Sutherland, Bruce Waite, Dave Sheppard, john Shipley,
Lacey White, Norma Gale, and Michelle Barron, and the Council having received the
record of this matter made before the Planning and Zoning Commission, and having
received their Recommendation to the City Council, and the City Council having
duly considered the evidence and the record in this matter therefore makes the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION' ,AND ORDER OF A,I'PItOVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
SY: G.L.VOIGT DEVELOI?MENT / {RZ-00-003) - 1
following Findings of Fact and Conclusions of Law, Decision and Order:
FI1~ip11~IGS OF FACT
The notice of public hearing on the application for rezoning was
published for two (2) consecutive weeks prior to said public~hearing scheduled for
June b, 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, 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 § 1I-15-5 and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions
and development ordinances codified at Meridian City Code Title 11 and Title I2,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF ,t1,PI'R4VAL OF
REZONING OF 37.6 ACRES FROM R-4 TO L-O
SY: G.L.VOICT DEVELOPMENT / {RZ-00-003) - 2
• •
and all current zoning maps thereof, and the Comprehensive Plan of the City of
IvZeridian adopted December 21,.1993, Ordinance No. 629 -January 4, 1994, and
maps and the ordinance Establishing the Impact Area Boundary.
4. The property is approximately 37.64 acres in size. The property
is generally located at the southeast comer of Overland Road and S . Locust Grove
Road, in 1Vleridian, and is described as follows:
A parcel of land including a portion of Overland Road right-of-~vay lying in the NW
1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County,
Idaho, more particularly described as follows:
Commencing at the North 1/4 corner of Section 20, T., 3N., R. lE., B.M., the REAL
POINT OF. BEGINNING of this description;
Thence S 00°24' 16" W $49.15 feet along the east line of the NW 1/4 to a point;
Thence N 89°52' 19" W 1,821.54 feet parallel with the north line of the NW 1/4 to a
point on the centerline of the Hunter Lateral;
Thence N OS°29' 17" W 20.43 feet along said centerline to a point;
Thence N I6°14'08" W 216.98 feet along said centerline to a point;
Thence N 18°27'39" W 470.81 feet along said centerline to a point;
Thence N 07°06'04" W 175.77 feet along said centerline to a point on the centerline
of Overland Road, which is also the north line of said NW I/4;
Thence S 89°52'19" E 2,060.97 feet along said north line to the REAL POINT OF
BEGINNING of this description;
Said parcel of land contains 38.018 acres more or less.
5. The owner of record of the subject property is G.L. Voigt, of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO I.-O
BY: G.L.VOIGT DEVELOPMENT / (RZ-QO.003) - 3
Idaho Falls, Idaho.
M
6. The Applicant is owner of record.
7. The property is presently zoned as R-4, and is agricultural land.
$. The Applicant requests the property be rezoned to Limited (L-O).
9. The proposed -site is surrounded by an RV Parlc (C-G) to the
north, an LDS church and a subdivision (R-1 and R-4) to the south, a residential
subdivision (R-4) and (R-T) to the west and vacant land (R-T) to the east.
10. The subject property is within city limits 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
1vleridian Comprehensive Plan.
I2. The Applicant proposes to develop the subject property in the
following manner: planned commercial development.
13. The Applicant's requested rezoning of the subject real property as
L-O is consistent with the eomrnercial designation on the Meridian Comprehensive
Plan Generalized Land Use Map which designates the subject property as 1Vlixed
Planned Unit Development.
14. Thexe are no significant or scenic features of major importance
that affect the consideration of this application.
15. The subject application for rezone and the proposed development
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
RE20NING OF 3 7 , 64 ACRES FROM R-~ 'PD L-4
BY: G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 4
.. ~
relates and is compatible to the goals and policies of the Comprehensive Plan of the
Citv as follows:
The goals and policies listed below most directly apply to the proposed
protect:
Goals Section
Goa13: To encourage the kind of economic growth and development which supplies
employment and economic self-sufficiency for existing and future xesidents, reduces
the present reliance on Boise and strengthens the City's ability to finance and
implement public improvements, services, and its open space character.
Goa14: 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 end functional site desia .
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 xespect the unique needs and features of each area.
Land Use Chapter
1.4U -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.
1.8U -Promote the development of high-quality and environmentally compatible
residential areas that contain the necessary parks, schools and carnmercial facilities to~
maintain arid form identifiable neighborhoods.
FINDINGS OF FACT AND CONCL[JSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OP
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT / (ItZ-00-003) - S
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2. I U - Support a variety of residential categories far the purpose of providing the
City with a range of affordable housing opportunities.
2.2U -Support strategies for the development of neighborhood parks within all
residential areas.
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 commeraal uses, offices, and medical-care uses to located in the
Old Town district, business parks, shopping centers and near high-intensity activity
areas, such as freeway interchanges.
6.8U -New urban density subdivisions which abut or are proximal to existing rural
residential land uses shall provide screening and transitional densities with larger,
more comparable lot sizes to buffer the interface between the urban level densities
and rural residential densities.
Transportation Chapter
1.4U -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.
Open Syaces Parlcs and fte~reation
2.5U -New subdivision development... will be considered as opportunities ta.. .
encourage the development of recreational open spaces and parks as part of new
planned developments.
Ho since Chapter
1.1 -The City of Meridian intends to provide fox 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.
FINDINGS OF FACT AND CONCLY7'SYONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 6
.~
1.6 - Housutg 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 atie-in between new residential areas and service needs.
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.
Cornznunity Design Cha tamer
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 Iand-use designations that reflect the character of existing
neighborhoods.
6.11U -Promote well-planned and well-designed affordable housing in alI Meridian
neighborhoods.
1 b. In review of the application for rezone it is provided at Meridian
City Code § 11-15-1 lfor the General Standards that the Commission and Council
review this proposed zoning amendment and pursuant to the criteria of said section
finds that:
16.1 The new zoning will be harmonious with and in accordance with
the Comprehensive Plan;
16.2 The area included in the zoning amendment is not intended to be
rezoned in the .future;
16.3 The proposed use will be designed, constructed, operated and
maintained to be harmonious and appropriate in appearance with
the existing ar intended character of the general vicinity and that
such use will not change the essential character of the same area,
subject to the conditions of the conditional use process;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF AppE,OVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT/ (RZ-00-003) - 7
~ ~
16.4 The proposed use will not be hazardous or disturbing to existing
or future neighboring uses, subject to the conditions of the
conditional use process;
16.5 The area will be served adequately by essential public facilities
and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water, sewer or that the
person responsible for the establishment of proposed zoning
amendment shall be able to provide adequately any of such
services;
16.6 The use will not create excessive additional requirements at
public cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
16.7 The use will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to
any persons, property or the general welfare by reason of
~tcessiv;. rroduction of traffic, noise, smoke, fumes, glare or
odors;
16.8 The area will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic
on surrounding public streets;
I6.9 The use will not result in the destruction, loss or damage of a
natural or scenic feature of major importance; and
I6.10 The proposed zoning will be in the best interest of the City of
Meridian.
16.2 Staff conditions provide as follows:
I6.2.lAny existing irrigation/drainage ditches crossing the property to
be included in this project shall he tiled pex 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.
FINDINGS OP FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 8
* ~
16.2.2Any existing domestic wells andfor 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. .
16.2.30ff-street parking shall be provided in accordance with City of
Meridian Zoning and Development Ordinance and/or as detailed
in site-specific requirements.
16.2.4Paving and striping shall be in accordance with the standards set
forth in the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities
Act (ADA} requirements.
16.2.5A 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.
16.2.60utside lighting shall be designed and placed so as not to direct
illumination an any nearby residential areas and in accordance
with City Ordinance Section.
16.2.7A11 signage shall be in accordance with the standards set forth in
the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags,.banners or flashing signs will be
permitted.
16.2.8 Provide five-foot-wide sidewallcs in accordance with City
Ordinance.
16.2.9A11 construction shall conform to the requirements of the
Americans with Disabilities Act.
16.2.10 A Development Agreement shall be required.
16.2.11 Applicant shall provide an internal vehicular access connection
through the apartment complex to Locust Crrove Road.
17. The legal description of the property that is the subject of this
FINDINGS QF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES PROM R-4 TO 1.-O
BY: G.L.VOIGT DEVELOPMENT / (RZ-QO-043) - 9
• •
application for re-zone is as follows:
A parcel of land including a portion of Overland Road right-of--way lying in the NW
1/4 of Section 20, Township 3 North, Range 1 East, Boise IYieridian, Ada County,
Idaho, more particularly described as follows:
Camrnencing at the North 1/4 comer of Section 20, T., 3N., R. lE., B.M., the REAL
POINT OF BEGINNING of this description;
Thence S 00°24'16" W 849.15 feet along the east line of the NW 1/4 to a point;
Thence N 89°52' 19" W 1,821.54 feet parallel with the north line of the NW 1/4 to a
point on the centerline of the Hunter. Lateral;
Thence N 05°29' 17" W 20.43 feet along said centerline to a point;
Thence N 16°14'08" W 216.98 feet along said centerline to a point;
Thence N 1'8°27'39" W 470.81 feet along said centerline to a point;
Thence N 07°06'04" W 175.77 feet along said centerline to a point on the centerline
of Overland Road, which is also the north line of said NW 1/4;
Thence S 89°52' 19" E 2,060.97 feet along said north line to the REAL POINT OF
BEGINNING of this description;
Said parcel of land contains 38.01$ acres more or less.
CONCLUSIONS OF LAW
1. :The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
2. The City of Meridian has exercised its authority and responsibility as
FINDINGS OF FACT AND CONCLUSIONS OF LA~1-
AND DECISION AND ORDER OF APPROVAL OF
R.F,ZONING OF 37.64 ACRES FROM R-4 TO L-0
BY: G.L.VOIGT DEVELOPMENT/ (RZ-00-003) • 10
•
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 Z 1, 1993, Ord. No. 629, January 4, 1994.
3. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
The goals and poliraes 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.
Goa14: To~provide housing opportunities for all economic groups within the
community:
Goa18: To establish compatible and efficient use of land through the use of
innovative and functional site design.
Economic Develonrnent hagter
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
1.4U -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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZOI~TINC OF 37.64 ACRES FROM R-~k TO L-O
BY: G.L.VOICT DEVELOPMENT! {RZ-00-003) - 11
• r
1.8U -Promote the development ofhigh-quality and environmentally compatible
residential areas that contain the necessary parks, schools and commercial facilities- to
maintain and form identifiable neighborhoods.
2.1U - Support a variety of residential categories for the purpose of providing the
City with a range of affordable housing opportunities.
2.2U -Support strategies for the development of neighborhood parks within all
residential areas.
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 located in the
Qld Town district, business parks, shopping centers and near high-intensity activity
areas, such as freeway interchanges.
6'.8U -New urban density subdivisions which abut or are proximal to existing rural
residential land uses shall provide screening and transitional densities with larger,
more comparable lot sizes to buffer the interface between the urban level densities
and rural residential densities.
TransPoxtation Chanter
I.4U -Monitor and coordinate the compatibility of the land use 'and txansportation
system.
I.20U -Encourage proper design of residential neighborhoods to ensure their safety
and tranquility.
Ov~gaces, Parlcs and Recreation
2.5U • Nevi subdivision development... will be considered as opportunities to.. .
encourage the development of recreational open spaces and parks as part of new
planned developments.
Housing_Chapter
1.I -The City of Meridian intends to provide for a wide diversity of housing types.. .
in a variety of locations suitable for residential development.
FINDINGS Olr FACT AND CONCLUSION'S OF LA'4V
AND DECISION AND ORDER OF APPROVAL OF
REZONING !OF 37.64 ACRES FROM R-4 TO L-O
BY; G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 12
t
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 atie-in between new residential areas and service needs.
l .I9 -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 thoxoughfares.
Community Design Cha~vter
5.2 -Ensure that all new development enhances rather than detracts from the visual
quality of its surroundings, especially in azeas of prominent visibility.
b.SU -Establish land-use designations that reflect the character of existing
neighborhoods.
6.1 I U -Promote well-planned and well-designed affordable housing in all Meridian
neighborhoods.
4. The requested zoning of Limited Office District, (L-O) is defned in the
Zoning Ordinance at 1 I-7-2 G as follows:
1!~-O Y,irnited Of~`tce IJistrrct: The purpose of the L-O District is to permit
the establishment of groupings of professional, research, executive,
admiruistrative, accounting, clerical, stenographic, public service and similar
uses. research uses shall not involve heavy testing operations of any kind or
product manufacturing of such a nature to create noise, vibration or emissions
of a nature offensive to the overall purpose of this District. The L-O District is
designed to act as a buffer between other more intense nonresidential uses and
high density residential uses, and is thus a transitional use. Connection to the
Muniapal water and sewer system of the City is a requirement in this District.
5. Idaho Code § 67-6511 provides and requires that the City
FINDINGS OF FACT AND CONCLU51ONS O1; LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 13
• •
shall establish by ordinance one or more zones or zoning districts in accordance with
the adopted Comprehensive Plan and the ordinance establishing zoning districts can
be amended with particular consideration given to the effects of any proposed zone
change upon the delivery of services by any political subdivision providing public
services, including school districts, within the City's planning jurisdiction and that it
is in conformance with the Comprehensive Plan.
6. Idaho Code § 67-6511A provides;
Each governing board may, by ordinance adopted or amended in accordance
with the notice and hearing provisions provided under section 67-6509, Idaho
Code., require or permit as a condition of rezoning that an owner or developer
make a written commitment concerning the use or development of the subject
parcel. The governing board shall adopt ordinance provisions governing the
creation, form, recording, modification, enforcement and termination of
conditional commitments.
7. :The City of Meridian by the adoption of Meridian City Code §
11-15-12 has exercised its authority to require or permit as a condition of rezoning
that an owner or developer make a written commitment concerning the use or
development of the subject property.
8. § 11-6-I ZONING DISTRICT MAP provides in part as
follows:
The districts established in this Ordinance as shown on the
Official Zoning Map, together with all explanatory matter thereon, are hereby
adopted as part of this Ordinance. Where uncertainty exists with respect to
the boundaries of any of the zoning districts as shown on the Official Zoning
Map, the following shall apply:
FINDINGS OF FACT AND CONCLUSIONS OF LA,W
AND DECISfON AND ORDER OF APFROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT! (RZ-o0-003) - 14
.>
•
8.1 Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of-way lines,
streams, lakes or other bodies of water, the centerline shall be construed
to be such boundary;
8.2 Where district boundaries are so indicated that they approximately
follow the lot lines, such lot lines shall be construed to be said
boundaries;
8.3 ~ Where district boundaries are so indicated that they are approximately
parallel to the centerlines or street lines of streets, or the centerlines or
right-of--way lines of highways, such district boundaries shall be
construed as being parallel thereto and at such distance therefrom as
indicated on the Official Zoning Map. If no distance is given, such
dimensions shall be determined by the use of the scale shown on the
Official Zoning Map; and
8.4 Where the boundary of a district follows a railroad line, such boundary
shall be deemed to be located in the middle of. the main tracks of said
railroad line.
9. § 11-1 S -11 of the Meridian City Code GENERAL STANDARDS
APPLICABLE TO ZONING AMENDMENTS provides in part as follows:
The Cornrnission and Council shall review the particular facts and
circumstances of each proposed zoning amendment in terms of the following
standards and shall find adequate evidence answering the following questions
about the proposed zoning amendment: .
9.1 The new zoning will be harmonious with and in accordance tivith the
Comprehensive Plan.
9.2 -The area is not intended to be rezoned in the future.
9.3 The area is intended to be developed in the fashion that is allowed
under the new zoning.
9.4 .There has been no change in the area or adjacent areas which would
dictate the area should be rezoned.
FINDINGS dF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APFROVAL OP
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT / (RZ-00-003) - 15
r
9.5 ~ The proposed uses will be designed, constructed, operated and
maintained to be harmonious and appropriate in appearance with the
existing or intended character of the general vicinity and that such use
will not change the essential character of the same area;
9.6 ~ The proposed uses will not be hazardous or disturbing to existing or
future neighboring uses;
9.7 The area will be served adequately by essential public facilities and
services such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible
for the establishment of proposed zoning amendment shall be able to
provide adequately any of such services;
9.8 The use will not create excessive additional requirements at public cost
for public faalities and services and will not be detrimental to the
economic welfare of the community;
9.9 .The proposed uses will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by xeason of excessive
production of traffic, noise, smoke, fumes, glare or odors;
9.10 The area will have vehicular approaches to the property which shall be
so designed as not to create an interference with traffic on surrounding
public streets;
9.11 • The use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
9.12 The proposed zoning amendment is in the best interest of the City of
Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND •DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO I~-O
BY: G.L.VOIGT DEVELOPMENT / (RZ-04-Q03) - 16
~.
DECISION ,AND ORDER
•
NOW, THEREFORE, BASED UPON 7'HE ABO'V'E AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN
ADOPTED, the City Council does hereby Order and this dues Order:
I. The Applicant's request for rezone of approximately 37.64 acres
for construction and development of a planned commercial development is granted,
subject to the terms and conditions of this Order hereinafter stated; and
2. 1"he Following special terms and conditions of use and
development relate to this application to-wit:
2.1 Any existing irrigation/drainage ditches Grassing 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 irrigatiarv'drainage district, with
written confirmation of said approval submitted to the Publzc
Works Department. No variances have been requested for tiling
of any ditches crossing this project.
2.2 Any existing domestic wells and/or septic systems within this
project shall have to be removed from their domestic service per
City Ordinance. Wells maybe used for non-domestic purposes
such as landscape irrigation.
2.3 Off-street parking shall be provided in accordance with City of
Meridian Zoning and Development Ordinance and/or as detailed
in site-specific requirements.
2.4 Paving and striping shall be in accordance with the standards set
forth in the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities
Act {ADA) requirements.
FINDINGS O~ FACT .AND CONCLUSION'S OF I.A'WT
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.fi4 ACRES FROM R-4 TO L-O
BY: G. L. VOIGT DEVELOPMEI'*iT / {RZ-o0-003) - 17
r, r.
2.5 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.
2.6 Outside lighting shall be designed and placed so as not to dixect
illumination on any nearby residential areas and in accordance
with City Ordinance Section.
2.7 AlI signage shall be in accordance with the standards set forth in
the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs will be
permitted.
2.8 Provide five-foot-wide sidewalks in accordance with City
Ordinance.
2.9 A11 construction shall conform to the requirements of the
Americans with Disabilities Act.
2.10 A Development Agreement shall be required.
2.11 Applicant shall provide an internal vehicular access connection
through the apartment complex to Locust Grove Road.
3. The City Attorney shall prepare for consideration by the
City Counal the appropriate ordinance for the re-designation of the zoning for the
real property which is the subject of the application to (L-O) Limited Office District
(Meridian City Code § 11-7-2 G) which ordinance shall be considered far passage.
~. Subsequent to the passage of the Ordinance, provided for in
Section 2 of this Order, the engineering staff of the Public Worlcs Department shall
prepare the appropriate mapping changes of the official Zoning Maps as provided in
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT! (RZ-00-403) - 18
y.
Meridian City Code § 11-21.1 in accordance with the provisions of the rezoning
ordinance.
NOTICE OF FINAL ACTION .
Please talce notice that this is a final action of the governing body of the City
of iVleridian, pursuant to Idaho Code § 67-652 ].. An affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the rezoning 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 xegular meeting held on ~Uk.~. ~~
2000.
ROLL CALL
COUNCILMAN RON ANDERSON
COUNCILMAN KEI"i`H BIRD
COUNCIL PERSON TAMMY deWEERD
COUNCIL PERSON CHERIE McCANDLESS
FINDINGS OF FACT AND CONCLUSIONS OF LA4V
AND DECISION AND ORDER OF APPROVAL OF
RE20NING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOPMENT / (RZ-00.003) • I9
VOTED ~
VOTED-~~'~~
VO'i`ED_~~GL-
VOTED'
. • •
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: ~ ~--~
MOTION:
VOTED
APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs
Department and the City Attorney.
B ~ ~ Dated:
Y
City Clerk
~- Z~ ~~
msg/Z:1Work1MlMeridian 15360M~Resolution Business Park AZ RZ CUP PP1FfsClsOrderREZ
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 37.64 ACRES FROM R-4 TO L-O
BY: G.L.VOIGT DEVELOFMENT/ {RZ-00-043) - 24
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MAYOR
Robert D. Cowie
CITY COUNCQ. MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Cherie McCandless
MEMORANDUM: CITY OF MERIDIAN
To: Mayor & city Council CITY CLERK OFFICE
From: Bruce Freckleton, Assistant to City Engine
Shari Stiles, P&Z Administrator
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 • Fax (208} 887-4813
City Clerk Office Fa~~O~}~~ Ts .~T~
!UL 1 ~ 200
LEGAL DEPARTMENT
(208) 28$-2499 • Fax 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
PLANNING AND ZpNING
DEPARTMENT
(208) 8845533 • Fax 888-6854
July 13, 2000
Re: Request for Final Plat for WOODHAVEN SUBDIVISION - 29 Single-family Lots
on 8.25 Acres by D.W. Iric.
T-Ye have reviewed this submittal and offer the ,Following comments, as conditions of the
applicatiart. These conditions shall be considered ira full, unless expressly modified or deleted by
motion of the Meridian City Council:
GENERAL COMMENTS
1. All irrigation ditches, laterals or canals, exclusive ofnatural waterways, intersecting, crossing
or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance
12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or
lateral users association, with written confirmation of said approval submitted to the Public
Works Department.
2. Any existing domestic wells arul(or septic systems within this project will have to be removed
from their domestic service per City Ordinance Section 9-1-~ and 9-4-8. Wells may be used
fornon-domestic purposes such as landscape irrigation.
3. Two-hundred-filly- and 140-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.
4. Submit "Final" letter from the Ada County Street Name Committee, approving the subdivision
and street names. Make any corrections necessary to conform.
5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent.
6. If possible, respond in writing to the each of the comments contained in this memorandum,
prior to the scheduled July 18, 2000 hearing by the Meridian City Council. Submit three
copies of the revised Final Plat Map to the Public Works Department for compliance review
prior to development plan approval.
FP-00-912 'VUoodhaven.FP.doc
w •
Mayor & City Council
July 13, 2000
Page 2
SITE SPECIFIC COMARENTS
1. Sarritary sewer and water service to this site will be via extensions of the existing mains
installed in adjacent developments. Applicant will be responsible to construct lateral sewer
and water mains to and through this proposed development. Installation of a sewer and water
lines in S. Eagle Road will be required so as to provide service to adjacent property through
this devebp~nern. Subdivis~n designer to coordinate main sizing and routing with the Public
Works Department.
2. A perimeter fencing plan and detailed landscape plan for S. Eagle Road. was submitted for
review and approval by staffwith the final plat application. The exact location of all fencing
is not clear on the plans. No fencing will be permitted within the 30-foot-wide landscape
buffer along Eagle Road. A letter of credit or cash surety in the amount of 110% will be
required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior
to signature on the final plat. Perimeter fencing shall be installed prior to obtaining building
permits.
3. The pressurized irrigation system is proposed to be an extension of the existing Nampa &
Meridian Irrigation District system serving Thousand Spripgs Village Subdivision.
4. The areas set aside as easements for storm drainage on Lots 13, 14, 23-25, Block 2, shall be
contained within common areas per the agreement between the City of Meridian and the Ada
County Highway District.
5. Applicant's engineer will be required to submit a signed, stamped statement certifying that
all street finish centerline elevations are set a minimum of three feet above the highest
established normal groundwater elevation.
6. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat
does not relieve Applicant of respons~ility for compliance.
7. Please deliver a copy of the second page of the plat for review acrd approval the Public Works
Departmern.
8. Please label the area south of the subdivision boundary as "UNPLATTED"
FP-04U09
WoodLave~.FP.doa