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HomeMy WebLinkAboutClark Development CPA 99-003 ~;; r,, °' HUB OF TREASURE VALLEY Mayor A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208> 88~-2z I t GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning Sz Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 18, 1999 TRANSMITTAL DATE: July 13, 1999 HEARING DATE: August 25, 1999 FILE NUMBER: CPA-99-003 REQUEST: COMPREHENSIVE PLAN AMENDMENT FOR TERRACE LAWN MEMORIAL GARDENS. INC. BY: CLARK DEVELOPMENT/BILL CLARK LOCATION OF PROPERTY OR PROJECT: 4000 BLOCK FAIRVIEW AVE. BETWEEN EAGLE ROAD 8~ CLOVERDALE ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C!C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER , CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: -z _.. ~1vt4'Rt:+kdt ... 't r '"' •'?i°' rxwA2 we...ii~y.~.9:. ,~ . PUBLIC SERVICE ANNOUNCEMENT (per state code 67-6509 NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridi and the Laws of the State of Idaho, that the City Council of the City of Meridian wilt 1 a public hearing at the Meridian- City Hall, 33 East Idaho Street, Meridian, Idaho, at i hour of 7:30 p.m. on November 3, 1999, for the purpose of reviewing and considerir~y the~application of Clark Development/ Bill Clark for an amendment to the Meridian Comprehensive Plan and Map for Terrace Lawn Memorial Gardens, Inc., located at 4000 block Fairview Ave, Between Eagfe Road & Cloverdale Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Haq, 33 East Idaho Street, and is available for inspection during regular business hours. A copy ofi the application is available upon request. Any and a!I interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 8thh day of October, 1999. LLIAM G. BERG, JR., TY LERK 41,~t ~ tt N i1 H 1/ f /1~~~ j j PUBLISH October 13 and 27, 1999. ```~~~~.`~,~ ~ +,,,#~`~ff r TT~~ ~ ~~~$( y ~ ~ q i ~ +~ ~~~ ,t~r~l ft J~;~~L~~`~~ iti~i sass `~( ** TX CONFIRMA~ REPORT ** AS OF OCT 07 '9°116 24 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 15 10107 16 23 208 888 1097 MODE MIN~SEC PGS CMDi# STATUS EC--S 00'32" 001 132 OK PUBLIC SERVICE ANNOUNCEMENT (per state code 61-6509) NOTICE 1S HEREBY GIVEN pursuant to the Ordinances of the City of Meridian 'and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7;30 p.m. on November 3, 1999, for the purpose of reviewing and considering the application of Clark Development/ Bi11 Clark foram amendment to the Meridian Comprehensive Plan and Map for Terrace Lawn Memorial Gardens, Inc., located at d000 block Fairview Ave, Between Eagle Road & Cloverdale Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East ldahti Street, and is available for irispection during regular business hours. A copy of the application is available upon request. Any and all interested persons shalt be heard at said public hearing and the public is welcome and invited to submit #estimony. DATED this 8thh day of October, 1999. /~ ~ LLIAM G. BERG, JR., LERK `11¢1it1-Tlf// PUBLISH October 13 and 27, 1999. ~~.~~~ p~ /~~`'~.,~ ~~ '1. ~' - S~AI, ~ 9~T ,~ ` ~ y,~ ' . . ,. ~_ r NOTICE OF HEARING NOTICE lS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the .,r City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:00 p.m. on August 25, 1999, for the purpose of reviewing and considering the application of Clark Development) Bill Clark for an amendment to the Meridian Comprehensive .Plan and Map for Terrace Lawn Memorial Gardens, Inc., located at 4000 block Fairview Ave, Between Eagle Road & Cloverdale ~, Road. Amore particular, description. of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard'"at said public hearing and the public is welcome and invited to submit testimony. DATED this 6th, day `of August, 1999. ANGE L SIMS, DEPUTY CITY CLERK `S`~~lhtiltttfifttJJ~~f PUBLISH August 11th and 18th, 1999~,~~~`;~.~~t a~ f J'r~`'~.~ ~a ~,. SQL l ~ V ? ~ /. M~i r=, 9~ ~r i3~ ~ 1~~ `*: ~f//!/tft}~ titt~ti`s~` ** TX CONFIRMA~ REPORT ** AS OF AUG 06 '~15~55 PAGE.01 CITY OF MERIDIAN ~~ DATE TIME TOiFROM MODE MINiSEC PGS CMDkk STRTUS 15 08106 15 55 1 208 378 1762 EC--S 00'25" 001 062 OK ---------------------------------------------------------------------------------- NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:00 p.m. on August 25, 1999, for the purpose of reviewing and considering the application of Clark Development! Sill Clark for an amendment to the Meridian Comprehensive Plan and Map for Terrace Lawn Memorial Gardens, Inc., located at 4000 block Fairview Ave, Between Eagle Road & Cloverdale Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of ifie application is available upon request. Any and all interested persons shalt be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 6~` day of August, 1999. ANGE L. S1MS, DEPUTY CITY CLERK PUBLi5H August 11~' and 18~', 1999`,.~~~~t ~~~ ~~~~'~-, g O ~~ - S~,~L L C ~~~~ ** TX CONFIRMA~ REPORT ** AS OF AUG 06 '~15~54 PAGE.01 CITY OF MERIDIAN a DATE TIME TOiFROM MODE MINiSEC PGS CMDtI STATUS 14 08106 15 54 2083816682 EC--S 00'25" 001 060 DK ----------=--------------------------------------------------------------- NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:00 p.m. on August 25, 1999, for the purpose of reviewing and'considering the application of Clark DevelopmenU Bill Clark for an amendment to the .Meridian Comprehensive Plan and Map for Terrace Lawn Memorial Gardens, Inc., located at 4000 block Fairview Ave, Between Eagle Road 8 Cloverdale Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hal{, 33 East Idaho Street; and is available for inspection during regular business hours. A copy of the application is availabl® upon request. Any and aII interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 6"' day of August, 1999. ANGE L. SIMS, DEPUTY C{TY CLERK PUBLISH August 11'h and 18`", 1999,,,~~`~,~^l O~ ~~''~~, .``, C3' °~~ ~, ;. o s S~~iL x T~ ,~~~ 9~ T 15~ . `mow +~ ~~' ~" t: ,~ I ~ ** TX CONFIRMA~ ~N REPORT ** ~I IV ~ DATE TIME TOiFROM 13 08106 1553 208 336 1106 AS OF AUG 06 ''*~15~53 PAGE. 01 CITY OF MERIDIAN MODE MINiSEC PGS CMD# STATUS EC--S 00'25" 001 059 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 .East Idaho Street, Meridian, Idaho, at the hour of 6:00 p.m. on August 25, 1999, for the purpose of reviewing and considering the application of Clark Development/ Bill Clark for an amendment to the Meridian Comprehensive Plan and Map for Terrace Lawn Memorial Gardens, fnc., located at 4000 block Fairview Ave, Between Eagle Road & Cloverdale _. , Road. ,~ A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during. regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to ~. _ ~ . submit testimony. DATED this 6~' day of August, 1999. vim, ~ ANGE L. S{MS, DEPUTY CITY CLERK PUBLISH August 11~' and 16"', 1999\,~.~G;,~~t of AQ ,~'~'fr,,rf~ ~°~~~o '• s c S~°€lLe = ~~ ~~, ~~, ~~• q`~~A ~ N``~~ ~~/////h1f It~tlt~~~\, t JUL 12 '99 14 39 ~ 208 342 2627 PAGE. 02 ~* TX CONFIRMA~ REPORT ~* AS OF AUG 06 '~15~52 PAGE.01 CITY OF MERIDIAN DATE TIME / TO/F 12 08/06 15~51~ POLICE DEPT MODE MIN/SEC PGS CMDkt STATUS EC--S 00'26" 001 057 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:00 p.m. on August 25, 1999, for the purpose of reviewing and considering the application of Clark Development! Bill Clark for an am®ndment to the Meridian Comprehensive Plan and Map for Terrace Lawn Memorial Gardens, Inc., located at 4000 block Fairview Ave, Between Eagle Road /~ C{overdale Road. A more particular description of the above property is on file in the Gity Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 6~' day of August, 1999. lJ~ , ANGE L. SIMS, DEPUTY CITY CLERK ~,~~,,,ar a rnu, f,,~~ PUBLISH August 11"' and 18"', 1999,,~~`;~~ ~~ ~ ~~~'~ny ,= G ~r ,~w FO a - s~d~4L - '' `~ a ~`~' ~ii9O ~T ~sz . ~a` .~ ~q '''/''~''rrr+ru~i nit~~~~~`~~`\``` ,~ ~\\\YY ~U ** TX CONFIRMA~ REPORT ** AS OF AUG 06 '~15~45 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 10 08/06 1544 208 888 109? EC--S 00'31" 001 053 OK -=------------------------------------------------------------------------------------------ NOTICE OF HEARING NOTICE 1S HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Ha11, 33 East Idaho Street, Meridian, Idaho, at the hour of 6:00 p.m: on August 25, 1999, for the purpose of reviewing and considering the application of Clark Development/ Bill Clark for an amendment to the Meridian Compr®hensive Plan and Map for Terrace Lawn Memorial Gardens, Inc., located at 4000 block Fairview Ave, Between Eagle Road 8~ Goverdale Road. A more par4cular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interest®d persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 6~' day of August, 1999. ANGE L. SIMS, DEPUTY CITY CLERK PUBLISH August 11~' and 18~h, 1 99,,~`~~1`t ''~ -' ~'o~r ~ Fa S~~L -, ~ ~~ ~P . ` ** TX CONFIRMAI~,N REPORT ** DATE TIME TO/FROM 11 08/06 15 49 2088840745 AS OF AUG 06 'f~-i5~50 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC--S 00'22" 001 05S OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian 4. { and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Wall, 33 East ldaho Street, Meridian, Idaho, at the hour of 6:00 p.m. on August 25, 1999, for the purpose of reviewing and considering the application of Clark Development) Bill Clark for an amendment to the Meridian Comprehensive Plan and Map for Terrace Lawn Memorial Gardens, Inc., located at 4000 block Fairview Ave, Between Eagle Road & Cloverdale Road. A more particular description of the above property is on file in the. City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours, A copy of the application is available upon request. Any and al{ interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 6"' day ofi August, 1999. LJ~-~ ANGE L. SIMS, DEPUTY CITY CLERK ,,,N,a n ~r,r„n., PUBLISH August 11'" and 18"', 1999,,~~~,~~1 DF ,~'''~f,, ~a~ ~'. ~ ~ ~ V y - s~~~ = T~ ,v, $ 1 ~' ~'T ~sS r'rrrrretll sNCNt~~~ ** TX CONFIRMS~N REPORT ** DATE TIME TOiFROM 16 08%06 15 57 92083776449 AS OF AUG 06 "l~115~57 PAGE.01 CITY OF MERIDIAN MODE MIN~SEC PGS CMD#S STATUS EC--S- 00'22" 001 065 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, M®ridian, Idaho, at the hour of 6:00 p.m. on August 25, 1999, for the purpose of reviewing and considering the application of Clark Development/ Bill Clark for an amendment to the Meridian Comprehensive Plan and Map for Terrace Lawn Memorial Gardens, Inc., located at 4000 block Fairview Ave, Between Eagle Road & Cloverdale Road. A more particular description of the above properly is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular'business hours. A copy of the application is available upon request. Any and all interested persons'shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 6~h day of August, 1999. • lJ~ ANGE L. SIMS, DEPUTY CITY CLERK `,`~~~r,~r ri rru~,i,,~~ PUBLISH August 11th and 18th, 1999.,~.~`~.~~ ~ ~~''~~. 1~~ G\ ~~~ ~ ~q~' O -_ S~~ ~~ 'y(i. W`i~~ • ' ~~~~rngn nttN~~~'` ** TX CONFIRMA~N REPORT ** AS OF AUG 06 '16:03 PAGE.01 CITY OF MERIDIAN DRTE TIME TOiFROM 18 08106 16 02 2088882817 *dc TX CONFIRMATION REPORT ** MODE MINiSEC PGS CMDtt STATUS G3--S 00'41" 001 069 OK RS OF AUG 06 '99 15:58 PAGE.01 CITY OF MERIDIAN DATE ,TIME 70iFROM MODE MINiSEC PGS CMDp STATUS 17 @6106 15:58 2088882819 G3--5 00'42" 001 066 OK N071CE OF HEARING NOTICE 15 HEREBY GIVEN pursuant to the Ordinances of the Ciry of M®ridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, ~~ Meridian. Idaho, at the hour of 6:00 p.m. on August 25, 1989, for the purpose of reviewing and considering the application of Clark DevelopmerrU Bitl Clark for an amendment to the Meridian Comprehensive Plan and Map for Terrace Lawn Memorial Gardens, Inc., located at 4000 block Fairview Ave, Between Eagle Road & Cloverdale Road. A more particular description of the above property i8 on file in the City Clerk's office at Meridian City HaU, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all int®rest+ed persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 6`h dey of August, 199n9. _ D lM~ XJ ANGE L. SIMS, DEPUTY CITY CLERK ~~,~~, ~~ ~~ a a~~,,,,~. PUBLISH August 11~' and 181", 1999~~~,1 ~ At ~''y~ `T,~°~~'''~o s = s~,r~. y ,{7 ~y, . `,\~~. ~111~Y ,`~''n,gnu pRpH~ i CITY OF MERIDIAN 200 East Carlton Avenue, Ste. 201, Meridian, ID 83642 Phone: (208) 884-5533 Fax: (208) 887-1297 ~~~ ~~~ ~~?' >rD» ~ ~i COMPREHENSIVE PLAN AMENDMENT APPLICATION APPLICANT: _ G I ~.~(~ ' ~ 2 y e I v ~ vr~P~~ /~ i I I ~ ~/ IC PHONE: 34 Z - Z (p Z5 ADDRESS: ~ 7 ~ (`tai ~ ~'.. ~J' o ~ 52. , - ~ S 3~0 Z OWNER: T~fzce. L2wn Memof~ ~ ~arD~eyls, inc. PHONE: 315' - ZZIZ ~,z ADDRESS: ~? OU ~ ~' G I o~e~O~~l e ~ ~ ~o i s~ , I D `a3 ^7 ~ 3 a GENERAL LOCATION: 4dD0 ~I ~, ~~; ~ ~i ec.J f~ye.~ ~~~e~ ~ ~C(oUerda(e ~j(. LEGAL DESCRIPTION OF`PROPERTY: See ~~`dG~1~ G' PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: ~ T - fed a Co . VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, existing streets, easements, and such other items as the City may require (35 copies): Fee: 1 100.00 I hereby certify that the information contained herein is true and correct. I also certify that I will post the property one (1) week before each public hearing. SIGNATURE:'` ~ ~ n 7-12-1999 2:d6PM FROM CLARK DEVELOPMEf~lT 2®8 342 2627 P. 2' ., 0 -CLARK DEVELOPMEN'T' July 12, 1999 Mr. Malcolm MacCoy Chairman, Planning & Zoning Commission City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Application For Comprehensive Plan Amendment -CPA -99-003 -Terrace Lawn Dear Chairman MacCoy: We submitted on June 17, 1999 an application for a Comprehensive Plan amendment for the above referenced property. We have been informed by Brad Dawkins-Clark of the planning staff that the application is complete and that is is to be referenced as CPA-99-003, It is not a particularly complicated request and in fact is related to the change in designation being requested by Dakota Development for adjacent property, CPA-99-002, which by the way, we support. We submitted the application when we did, so that it could be considered at approximately the same time as the two applicatioi~ts previously submitted. A.s you know, P&7 recommendations for Comprehensive Plan amendments can occur only once every six months. 'We have recently been informed, without any reason given, that staff is not processing-our application nor is it being scheduled for hearing, contrary to normal City procedures. We are confused as to why it ca~arxot be taken up in the near future. When turning in the application, Shari Stiles informed me that, in accord with City cut-off dates and procedures, it would be scheduled for the August 13~' meeting (which is not the case at this time). The hearings on the. other two applications`are scheduled for a special meeting on July 27~', with which we fmd no problem. It seems, however, that there would be no serious delay caused by holding off on making final recommendations on the group of three applications until. August 13`h. This would clear the City's decks and allow it to proceed with its. intended overall review and amendment process for the Comprehensive Plan. The overall revision process, with consultant work on various issues, public workshops and comment, and the formal hearing and decision- making process could easily require more than six months to accomplish. If our application is not considered now, we will have to wait until that process runs its course before being heard. We request that our application be processed, as it should have been, and that it be scheduled for .hearing on August 13`x, and at that time the P&Z make its recommendations to City Council on all three Comprehensive -Plan amendment applications. We appreciate youx consideration in this matter. Sincerely, ~ ~~~ Bill Clark '~ 479 Main Srrer[, Boise, Idatw 85/U2.2081342.2625 • Fax 2081342.2627 . Clarkdrv~miCron.net JUL 12 '99 14=39 208 342 2627 PAGE. 02 ,. CLARK DEVELOPMENT June 16, 1999 Ms. Shari Stiles Planning Director City of Meridian 200 East Carlton Suite 201 Meridian, Idaho 83642. Subject: Comprehensive Plan Amendment Application 11.76 acres - a portion of Terrace Lawn Memorial Gardens, Inc. Dear Shari: Clark Development is submitting an application, on behalf of the owner, for a City of Meridian Comprehensive Plan Amendment to change the land use designation of 11.76 acres of vacant property owned by Terrace Lawn Memorial Gardens, Inc. , located in the 4000 block of Fairview Road. This property is located in Ada County but is within the City of Meridian Area of Impact and Meridian Urban Service Planning Area boundary. The Ada County zoning designation is `RT'. The Meridian Comprehensive Plan shows the property with a land use specification of Single Family Residential. This application is to amend the Comprehensive Plan designation to Mixed Residential. This amendment to the Comprehensive Plan, and subsequent annexation and zoning amendment, will allow the appropriate development of the parcel as multi-family residential. The property is located approximately 850 feet south of Fairview Road, between Eagle Road and Cloverdale Road. More descriptively, the property is located ."behind" the Meridian Family Center Development and the Terrace Lawn Cemetery, which is presently owned and operated by Terrace Lawn Memorial Gardens, Inc. The property abuts the new Meridian Family Center Shopping Center to the north, a portion of the Crossroads Subdivision to the west, the Seventh-Day Adventist Church to the south and vacant land to the east that is owned by Cloverdale Park, Inc. It is the surrounding land uses and designations that justify the request to specify this property as Mixed Residential. The Meridian Family Center Shopping Center will be a very intensive commercial use abutting the subject property to the north. The Family Center will provide many business and employment opportunities for the residents of the subject development. In addition, a quality multi-family development provides a good transitional land use between the shopping center and the adjacent Church and subdivision. As noted above, immediately to the east is vacant land owned by Cloverdale Park, Inc. (a sister company to Terrace Lawn) This parcel is within the 479 Main Street, Boise, Idaho 83702. 2081342-2625 • Fax 2081342-2627 • clarkdev@mlcron.net Shari Stiles June 16, 1999 Page 2 Boise Area of Impact with a land use designation of Medium Density Residential, 15 DU/acre. This parcel may also be developed, as designated for multi-family, in the near future and the requested amendment will make the subject parcel compatible with this adjacent property. Just to the south of the subject property are the open land and playfields of the Seventh-Day Adventist Church. The Church playfields provide a visual element of open space to the layout and design of the subject development. The subject property is also adjacent to the Crossroads Subdivision to the west. The developers of the Family Center have committed to construct an ACRD public street with the necessary right-of--way and utility easements for ACHD maintenance. Entry to the subject property is also available via E. Florence Drive, in the Crossroads subdivision. However, it would not be necessary to have access through this neighborhood location, except possibly for emergency service. The reclassification of this property to Mixed Residential meets several goals and policies of the City of Meridian Comprehensive Plan, including Goa12:...the provision of services and the distribution of new housing units within the Urban Service Planning Area; 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; and Goa19: To encourage a balance of land use patterns to insure that revenues pay for services. Several General. and Residential Land Use and Housing Policies in the Comprehensive Plan are also met by the designation of this property as Mixed Residential, including: General Policy 1.SU: Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community.; Residential Policy 2.1U: Support a variety of residential categories (urban, rural, single family, multi family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.; Residential Policy 2.SU: Encourage compatible infill development which will improve existing neighborhoods; and Housing Policy 1.4: The development of housing for all income groups close to employment and shopping centers should be encouraged. The designation of the property as Mixed Residential, as specified on the Comprehensive Plan Map, allows the property to be zoned as Medium High Density Residential District (R-15), as described in Section 11-2-408, B 5 of the Meridian Zoning Ordinance. Pursuant to Section 11-2-417 A of the Zoning Ordinance, an application for Annexation and Zoning Upon Annexation will be filed subsequent to the City acceptance of this Comprehensive Plan Amendment. • Shari Stiles June 16, 1999 Page 3 Clark Development is making this application for Comprehensive Plan Amendment on behalf of the owner of the property. Please forward all questions to me at 342-2625. Thank you for your consideration. Sincerely, ~~ eP~ Bill Clark TEALEY'S LAND sty West Jefferson Street .Boise, Idaho 83702 SURVEYING (2of~> ass-os3s Fax (208) 385-0696 Project No.: i 882 Date: Tune 16, 1999 DESCRIPTION . FQR TIM GIBSON MERID N REZONE PARCEL-EAST PARCEL 7 A portion of Tracts "B & C" of Terrace Lawn Memorial Gardens, Inc. Cemetery Tract situated in the 1VW '/~ of the NE '/. of Section 9, T.3N., R.1 E., Boise Meridian, Ada County, Idaho, more particularly described as follov-rs: Commencing at the North'/. corner of said Section 9; thence along the North- South center. of section line of said Section 9 South 0°Q$'35" West 1325.24 feet to the Southwest corner of the N'W '/. of the NE '/, of said Section 9; thence along the South line of the N W 'l. of the NE '/. of said SeCtiOn 9 South $9°21' 18"East 640.77 feet THE POINT OF BE INNING; thence continuing South 89°21' 18" East 695.08 feet to the Southeast corner of the NW '/, of the NE %. of said Section 9; thence along the East line of the NW '~. of the NE %. of said Section 9 North 0°31'38" East 319.20 feet to a point; thence leaving said East line North 89°35'00" West b93.52 feet to a point; thence along a line parallel to the North-South center line of said Section 9 Southl0°48'35" West 316,44 feet to 'THE POINT OF BEGINNING , Said parcel contains S.OG6 acres, more or less. i ~~ ~'~'°~ ~~ ~a~ \',~,'Ao$ ~or~, ~9q b0 39t7d 1.3I1aflS QNd~ Sll3~t131 9690S8ES0Z EE:gO 666Tl9i/98 TEALEY'S LAND SURVEYING Project No.: i 882 Date: June 16, 1999 915 West Jefferson Street • Boise, Idanb 837Q2 (208) 385-0636 Fax.(208) 385-0696 DESCRIPTION FOR TIM GIBSON MERIDIAN REZONE PARCEL--WEST PARCEL 3 A portion of Tracts "C & D" of Terrace Lawn Memorial Gardens, Ina Cemetery Tract situated in the NW 'f< of the NE 'l. of Section 9, T.3N,, R. l E., Boise Meridian, Ada County, Idaho, more particularly described as folla~rrs: Commencing at the North '/4 corner of said Section 9; thence along the North-South center of section line of said Section 9 South 0°48'35" West 871.76 feet to THE POIN OF BEGINNING; thence continuing Sauth 0°48'35" West 453.48 feet to the Southwest corner of the NW 'l. of the NE '/, of said Section 9; thence along the South line of the NW %4 of the NE '/< of said Seetian 9 South 89°2l' 18" East 640.77 feet to a point; thence leaving said South line alang a line parallel to the North-South center line of said Section 9 North 0°48'35" East 456.04 feet to a point; thence North 89°35'UO" West b40.79 feet to TIIE POINT OF BEGINNING S$iti parcel contains b.b90 acres, snare or less. ~~~ ~ `tG ~~ o ~ ~~~. '~~~ Z0 3~tld ,~3/t~f1S QNt7~ SJl3~d31 9690S8E80Z 6E~80 666T/9Z/90 ..r~'jC]..,. 9 G-;.,c, r,_ . ('~'^,`~...+ 1 ~~4... ~ ;fin:, f,.'`C"v''. `'_.s-:'t"r -o,'+`- .c"`s.eJ ~~ .c'.§~e, Y. et FROM o~ i SERDyAL'y ~ ~ PAIRK~~NC ~~ i ~~ ~ ~ N~ip~~T08 322 2754 ~ Jun. 16 1999 07: 09AM P2 ~ 247.8 3a2 2627 ~ v. ,... . j ~~ P. ... ..,~ e.m1 ""[aP :r 1k. ~~'.a..Y9`i_' T- t /'~~ d.'I Vy3 ~ n' a .~-- ._ ~ gy: ~ AFF'ID.~lV2T UFrLEGAL IIIVTT'EREST , ;.~ ~s # r "'~' 5^~a +c~~ .. 1 ~~ ~•~~3iaF a i++. !i°qp' f :`5 ~ ~~j ~~ a~:~` t71 ~p e~ ~`„~~. STATE rOF YDAHO , ~ s~~t U ~'=~-~'~ ~ ~: ,~w a COUr1T~Y#OF. ADA r } ~ ~°°,~- . ---~ --~:.~F,~'~ ... ,.. ,~~y °r~~,~ ~ ~ w ~,. L~_ - . ''h.-- ;+6 tai :AC. ooh ~ , . -•.a =. ~ ~12.G0 Nr Ctoy~e rda~e`~~,., ~ A-~- ~ ~, ~`~ i ~ AaP Y. ' „~!, ~.;,.aw.ys ur- ~..«r+~.. ...+~.~.~.'. ~sr.3i~ ~' t~Yi r~.;~ ~ .~• ,~'m ,~.d ~~ •' ~ mom' e • .i, { rr e5t,,,~$ `^ ~'jv , ~~ { '" tTSt dul sworn _ '`~ (City) ~~ ,~ ,+ °.'f ~.~ts. ' ~ (St3tC *~r ass 4aT ~. a?~$ . . - ~`~ (~ ~ ~ , --'„-- •'. "n1ax"~-S.E`'^ ~'.' G• . Vii. r. E.1 ~ ~ S upon ~" de~iose and say: ~~ ~~e ~~^~- f„ ~ ~ 1 • That I am the: r •- ,,•-„ cst~~« ' ~ ., ~.,,~ ;~, r-~ , ~ ~ C trod owner of the property dcsctibed on the attached ~ a ~ 'd72d Y grant pernus~stCit tO~t~~ ~yt kr 1,~ a~~ ~ ry'.,.,.--.~,i-~ .rat. '~"-"='r '~i~ ~ ' .. rm s`, ~,~..t iti:Y(G+ ~~ . p t~ tee t~--o~~.a '.:rq+,'~ •t i~"<'.;* ~3~dt. 1 t i 4 ' ~ , r ¢, ..._- - . t ~ ~- ~• s t ~c3/ x.,_.c-,er t ^ wit ~ i e ~rrr , t ~ 11St71G) . ~ ' .;-~1 &•.'~s,^'(adC~~!'CSS~ t~ ~~~ _. ~7OZ ~. ' a ^;'+~~r mt0 snbiuit'tlie`a ~`ex r,-s~ . lit s.^»,r~: H.~~. e ~ ~ r . ' , ,~~. ~ ~ ,, :~ ~ ~'... ~O~~Y~`aPi> LiOXi p0rlaitliTtg ttfl ci~at p7vperty 4 ~~ ~ ~. • ~ .~ ~ .a• . Z' ' "~~I•agree to istdemnt .defend anrd hold the Ciry~ .. , c f3' ~ of MeriQia~o aud~ia 1`, '. to ees harmless fioza aurr oc' frora ~- '^v} }'., ,, 4a~y_~cl liab~lity,'icesu~ing- ~Y .., i~ ^~„ di;ptue asto the~siaoeiaent3 contained ~eiein or as to , '~ . ~_~ '` ~ `'°' ;ttte owiterseip of ~ . -';~ '~,_~,~ ~ . -... , the~D=oDeztY H'lnch ~s tt~ subject of flee canon ,.~.~t• ,,. , ..~_~ a P t , y -+< r .; _.... ~ .. R t+. °r47aG'c."-. ~{ . '~ s 4 '~ Y 7 ;~ ~:~ ,o.,~'` .~ r~ ~ ~. , sue.. _. ~ '- ~"~,~ ~ ' ~.. Dated thls ~.~5~~ day, of 3une, 1999 ~ tai ~: t:'~~ ~ ~ " ~` ~-',= ~_ s ~° a ~-1" .::'4`dt +.•,t.f ~,.~'S"rs. ~.r. ,z..6 s~x• xCC~[ ..°S ~- a ~*+-'"`~~„~ ~. ~ ~= ,M~~~TERRACE` ~ N :~EMOIZIAL' ~` ENS. iNC. ,('' ~ ~. ;-.~; °-5 '~ C~S'wi:;:~ a- -a ,,{• 4:i~'.s'~'~~-y}~~''-~~ sa ~ ~~31.. .'~"5#K4. ~..~.,~, ,lr+...: L ! y ~°•u$ a`.1~ C <` r"`r >~L:+ .`« ~ *..r ~. ~.' r- _. jij{;..i ~ ,~~}+['~ ~ ~{Y. aLr. 9[ .' ~~ ~ _. ~' Y•.r 7 l~i~:: a ~• 4 -:•s "~mr 1 ~3y """~ I M~~ .. . °, °"t 1 R- j ~' 6 .TitnathgT. Gibson. Pr. ideut ~°"-- *~° ,,,. 6 ; r _ _ , ~- ,-I ; ~: = ~.~,, . •. ~ °, ,y ,_ .. .. _ . . .. - .SUBS AND SW '~`- ~ ~ ^3'F.• • i .~ :..~..`_-._ _,_ RN W,before ~~ aba wd eft =~ ~- ~J P ~~c ~ ~~ _ ~astd.ycar first we tt "~ ~ ~~ a ~ w " - - ,. ` ~ - - [ _ - ° ~ff _ r V ._ .,. - ., - , r.~r s.» r~ti ~s:Natary~Publt~ foe ~ • 1 -~ r, ~ l~ ~ ~ ~. . ~„ _ _. . . ~s . .. __ .r M _ m _r_ ~ P~ aZ~7 G23 ~~ _~ _ - ttu~assio Tres; _ x~ .-+..°Y+r~' }}'try,r 3 e+~' ~FY €p ..,~ ~• - W"w , .a ~ wr Mme' ~..-~ . i ~ _ .r !~ ~ ~ Leg.,:-+~`~ r^." " ;'^~ ~" .a. ~'°Y .r t, ".. er "~. "~.~ ~;' - 1~ - ,~ - i ...'~ ~ ,~ ~ ~ ,~ ~ .tr °. -, ~ 3 .., a ~ s ;~ -rye ~ ~i'[._~ ' .i . .,~~ ~ , ..~ - e.. ' ~ ~. e ri.. ~ ~ g ... w! .., n y~ x.fA'r' w~+t"a ~ r w~ ~,1. -M1 r y... . _ w-+-'-"--- _ ~~pr F' ~ P m.... taG. ~ - ~ 7-®9-1999 5:O3PM 7~ .~~` FROM CLARK DEVELOPMENT 208 342 2627 _. ...., p,.,,..Ye~, G:. ._ ... •'~ ~;,,~, cf March t ~ ?l:t!:! f}tiu 20th ~ i)l:~reP.n 1 ~ s . hundrad ,tnd s;~ty otsc ~ - .,, :~,,.: . •~ of qUl' i,prd nnc ~uyauti nitre -. . .'%` `^Y. ,p,. -- .. ..corporation .. ., ~•.,~ tt t'"~LSSETh, TVtat .. e ~ . 'F£;~i ($10.04 in ha~4*id 6Y t e Said of Arrcrica. an3 other v7alutabtR eunsid t~d.t~t-;red r nited ,~~ tc theTn have ~" i,;,• i,ai n~.~•n~•~: „t .h•~ C' wtterao~ ia?1et'e17Y reknowk`d8ed. the 9Rld ~'tY ant. hnrBu,n, set), .ooA~c+'. and cort5ria ~_ „( t.. a s.eond 9art• the rCCeigt _ bed real :state, ~ " a toviit: r•~u'~ Y r¢senta do ~ a fn1twrz. ttt at the fo1]o•Mn8• S~ of IdoTt , ;,ud .,,i,t. ,utd by theme F Ad.a , ,.; sn•..c,•o~d rsrt. and to it_a hci-E anQ a:.;SiFn- " .. -. Couaty n1 ' -ihutlcd in uartez (13~:'.1f4`NE 1~3) haste- of the I3ortbeast 4 Ada ~ous-ty., S:atc ^'9at part r>: the Northwest R 3n t. 1 East B.M.: sp .... . ' j' c Tywaskip 3 ?Vo'rti1, A. ~ ~ arst ~' Scct~a ~ a:ticularly ~c<~ribcd a8 follov9, to- eL Iao,ho, .-Wort p 3 .~ ; 9':anti't0.. ,:.:.. c:oi. c; rv_~3MOr to tli~ace Wsts~..aLooB"._ ~+ram :hC:.9gC::6X1 ~ ,~f <t ~.IVi. r ..~ • Township n r:.c., .c!ti.ch is t P ,'~a,fa~C ::. ,~. 1, t JJ.lh o~,iiao:;~'•. „. ~' .. t"~("' ection.li'~c .~ ',.on said s'oC'u ,,.,:. 'c.~+:±r ' r ...:r .. • ;; S nae cortintt:;-~ 4TH `•. ' , ~tu.sixtecuih litta;3S,0~, c:'rz~`c ; ~.~,, . i;.:y,.. the a Sootl, r.zs:a3.la1 t•o t' " , a tits ,~0•ioet; %'Gltioi~' A, ~ ,,:: ~. ~ ,y;-.; ..+.re ti,cnc•t East r:ara:.••,l ,~ ° .. , i~th line'2~0' •. -- • SoutY~ ?ar'tlrt :o t:i1~ ~r,~..5i•"I.RC ZZO fees to a'::poitit''ottikkG? :. ~t„t pazall~`1 to e4c .,,.,:::o=grereh alan~ tht oaUaieti?.ant .:.. :i,t~; .~',^-.cc ;~1 al to thP'.9eC'Laof~.:~ue::-':. . oTtc.-st_~•tr,cciih u, c. ~`i cst par 1 _tj`j~•ns,` i.ne Z2b. ~~ ""' :,. __;, ya.: allel to thc' n °..NoYttr~s='~..''. , ' _•_:. c:.:~ence ..,. ~ ~ all is t'he' _. ., ,,. , ' - .,.; =t6fi. ~+i fc; ~ l:ic~ c: o.ngin n8~ 4 ^~~;~•oti:.:':..'.:..,:; ;~rf, 6 i feet to t;te p ez (~ I~~'riE'~' ~~ , Y~~°. •• xr qA'i art ,~: ,..''~-.• . :.-. nrttex9r. ~ Ads:~;~'ia~t~,~:r,,,x-.:_i;::•:' o£ tit. N 1 ~ Br :=.. ~. ..: yuartcr , rtt2. R^n~z a6t . ' S•:. Ni~.~ati~ '`::'. ~ .;::; y:'l`?:F T vrlxship J No ~'*'::,,~Sr`!^t~,•-~'~' '- .;:.~ • Idaho. •' 'rsti:~~i tt~p.,--..~" ~• `~:' 1pi-LBr ~ ittl ~•"1 ~ c`bs= nth atl rtainit+E tlurct:°••:. ,_-~~"~'<` ~ 1m,~ ~~-•~..Z•.rt;'i,~•oM B ai+fl pvttet~+nccs YPe ;~,:•,b::~,.; Q~A~e,:;^iV,..1'-'. nacctioa , .. , .... , -. ~ .,:rs • co • .. ~bir. ,,. ~,~,:.,.,.. ;.• ~.:. all propenY • _ „T?s~~x% : ~:~~..'.?:r Sobjett ~ Tt to. ttte State .of d,3aba- " ,:;1•a ~i. ,r, - '~;. 2 " ,-- of. the first p} °~;..; • ~.'~...._ -:~; The consideration for.:tAis.coiiveTs~'.y,,.':~,~g. tw?OY,~iOC 67 171.~~~: ~.~ a:- :~.~LE:~lsfl~T~' ~. ` ,ca C; ~nQ DTOi'iti'i itYnl~rY'~a`o'l .ssd;>~~~'::~..,:'o~. ~,,a P. 2 f- ;i, ~• ..._.__.... V~,t~,y ~, 1-da , v of the +sccond D~rt• 1t t„or and 4n cc+ns{deration oI the eum ci ~ ~ i _ ' ... . of th:. ft's. p- , '~'' .h xtiid nAHir.• npl.t~ARS, ',~ i;r 1a.;- ac art eVuY`-9~..... <"-::..~ -.:.~a~'~.s:.. ~ r • .'CA RAVE AND'Ttl ~XO~'~~`..~' • ~t , `sea aencas aatotl+~~~~v't •• '"`' n ..itA th.. s~~° ot4ho; ~lre. a~lsDevert~ ,mC :Ro .aid ~t jes 6{ tubb??h bad'!, ~~~ 1,:,,. ,~-wn of ttic atua 'T~4~Y '' b~. ~ = i'tl~bt D~Adba f ~ ~, ti~ ~,. ! e 1St pCTt. Ds t1f01T~ ~~ ~'~ r ,~.; , 4M tit ' : :or cr :.n e11Ln .!fe same .~wDll r,,e~ ~b,Kt:r•e ` ~ ~ r y~ ~ Ylr JUL 09 '99 16 56 '~ ~~ ,' .~, ~~ ,.t .;~r `. L~:r, -;`fir.. ; • fM' - 208 342 2627 ~ PAGE~02~^ 7-09-1999 5:04PM FROM CLARK DEvEL~PMENT 2m8 342 2627 P.3 r ~~ i ~~~ ~--% ~--~ L0 • d ~ti1A1 •rM ~' i . ~ - . .1 .i ~ , ......r• ~~ .., ° .....ir . .part ces ui thc'fir;rt prtt ha,~e hcrettnto seE t.,air ,U ~ r +•,~• wi?'EIiEOr•, Tile sari - ' v ~~' ~ ,~.. ,•- YS2 A1XiV2 ~W'ttteq. 5 '~ ~ i :l ~ the dar and y~;ar d ^ . „I ~. ,,,t • • » oh~,n f.RFO i• TqF f.Rcr or ` i! ' ,~ _ .. _Swti3 ` .... ... .. ... . ~j Sea1T ! ~ . ~ ....... ~.. .. ...... ....... .... .. .~.... -.• I .... ... ..., ... ....r ! .r~,i~. of Cook ~ ig 61.... irfozr., ~i.:.~. ,_.. li ' ail ~l~ '8~ ww-- ..4 L ~ ~~ y S`1R~i •Y l ~~ `~ . /fir :~~ ,•~~ I •, r ' WL ' w. ~ 2 it. M ~n:,.;c° :ors;i;@Statc,pcr.a~,;tilY:tiz' htysbaad and °, ~+r ~t Y •~ '~ ~' 'E ~ ~ .~.. r .. -~1 t~~~ ~a:t~18 IMjt1.1~1 ~n f}it. '1 V.~ C, ~~r 1.,:R1G .'•. 2SL SIB ~(r `er~~ ~ _.. =,4 "^C!. M ~.r. t•rur, ~: '.,: m~ .0 1•r• ;1yr,• p:ac^ .., ...:~, .-.t tie ~sanle. ~ ~ ~~, •: ~ " r~ .~-~ `-i~- •r :;n,.~rtK :d d „;,tce~f i~ty a~ +, y f:i~: ,•u.r,tU ,set nyr haCd ~ ,. ,~,~ Vt"T~ 1 c~ ~ _ r 4 a °~"~ti~.' ~~~ .• j uit:: .. .... r ';' .,~~ c.~~ , 1. r ~. 1 ~ Pty .~„~ ; ; . *:.. r:. ` ~-+ ~ ~ r ~ :~~y~~ ' C ~ ~ t ~;; . A ~ ' .i ~ ~~~. ~.. 3'UL 09 '99 16 58 208 342 2627 PAGE. 03 ©iz0'd .,.. ~ ---- ..,m _ ~..~._.,..... ~, ~ ..,_-..,._.- 02i80.a666i-9i-Nfl <-+. 4 .-, v l~ ri , 1 . l ~~- ...-.. ~ - _--,,,, - .--_= xiirt, ~ dav.oi; Mine _. _~ _ _ __...f-. ~ i7va vt; .,. t;.lt ~ i ~ ~ ,, -tnc-~-K'-~~ n of the uM 0 e1V7+ _ r ~ •"t .' ' . pa?'t fur and to ~ _ st tt _ - _ . ~ _ r s of the t nt the tinid A'+rt ie. .: i(~ tVTfNFSSI:'Pli Th 6 the enrd t~ l of d other valuable consideration u8 m hand paid;.. Y reieaa~ ticmi,:a i y ~?- o,.. ~ , , ~; ar an , by itneaa ps Otte Doll ~~-01tf and'.': t t.:.~•ful money of the Uglted 5tstea of ,~merics, ~kncwiedsed+ d° , .. eCipt whereof is he~ y, the aecond Fu't~ ~'d {0. its rib and b'inQ 17 ~rj --yr - ~ 04 ~~ re the ;set:opd P~ or parcel of land, ntusba ~ _ rtlcnlarty_ ' pteee d i°rever 4UPC'eLAi~i, unto ~~n l~ State of Idah°~ pounded sad Pa r; ~ ~ , , ~, ' , sn ~: 1 ~ I~ :county cf A.la ~ ` assiSns, ~ , ~ '' v :y~0f~ $Q1Se ~` p ws, tq-wit: ~ ~, dexcrihcd ns fo -° St QuaYSer of ~ ~ 7: '~'. ~' t ' a ~ 1', i+~~•..~-. •~ thwcst QuartF• L'pstY ~.. i 1 he •: ~ - r s ~-:. , ~ i{ a ~~ ~or Ra g 1 hloxih ~~. shin ;} caon 9 S __ Y--...~-r r r•, c . ~tl;t~ ref Idaho, _ -_ ~..... •- `1 r, 11 ~' Arta ~~onnty, _ ,.. _•~ ditch s ... -•- ,.. hiss nd 11 ~.' - ~ ~ r . _ . ,. _:._ •b ':__.._ ..,~--_: 'rc*'~~•it~ l~ilw~ite. andwatP.r -..._ To anceb Thereto eL~ ~r~ ~ ~~~ ~L:: .~, .. t ~ and 11~ urtcn erewl cllt~t rights. • ~ lion th . - sed in corm " ,: :~+* ;ii ~ainin~'-heYeto ztr.d u p ~ ~~~~ i~,,. z 4: - i' ~ ,~ ~ n ~~~ ~ ~ ~~:: ~t; ~ ,~, -- ~ ~, : , ,, .. ~ I '' ~ .. .. - f - - - _ • \ ~' rip vwJ ~;. _ ,~ ~-yv ~jL -. ..... . .. - ~~ ~I .. r Y! hL 1 rt ~ ` , ' ` > s ` S=0 ' d ~di0i ~~,_ : _ . - _`Tj~. •.. ~a ~!4er ~. .~ 1;4 ;, lar the tettentenb. Hercditamenb and ADn a retrncrs s hr o. TQGE'fI;ER Witk all and sfnPu And rcversiotu. temaindcr ±~.._..... - inftsg. ~~r ion.-. ._. - ~ oclon~ing or in apywlae an~° ._ • • ~•I.IIY1:11 JYl4 ~VIiY Lt1et~-t' -' ~ ~ with the nnUUYtOt . . lsr the attid areta{ees. toReUter TO HAVE AND TO XOLD. All and amga hefr+ and gas iorzver. td Pa''t, and to o nd t of the uc unto Lh! D~ , cid Pan of ~ hcrenrto set the 5rri D~ ~ na b OF, The a y~g ' TN WITNESS the daY +~~ yam'. tint xbpve written. ' C i : anti aeal I; ty~ttEn tx rRESSxcs o~ ~t ~ ~ [seat] 0 . t, crc;~ED. BEAtED AttD Df _. , (! / e .. ,,,--..... --~`~- ..•--. i .+.r ~i .._. _._....._.-.._.. - ~ ~..~~--._...._ _.._ ..~./ ...d1 .. _ ... ~ .~ [.Seal] ~ ai s i .- t e ....--.•- ~ ,r•..,..._. ~..._..:: -.._.~...-- _...._--~--"-' _ .._ . f Seal) ~ i ~~~~ STATE OI' y sy~ :. . i.' 1 ,.~ i i'. CottntY~'ef . C~ iti the year 19 b3. bet ~nmt Ott this 30th daY o: JunC :. .. . „ ~e23:t3d~ A, ~~fS~ar.. ~. H. >~o~y and Sa21y .po~7•.: ~~ s, j' c~ .. ~' ;n ,.~,~ far said State ~lrsondlly a:cesrnd . to.the ,Within sttattutnent: ~ I ` q :ubsertbed. , i; knna•n to Otte to tNS t} .'~'r• •'~hC Y ,••nrnt:`n the gaM¢• 'i ;tc'-t-ot•~odR°d to ntr that "~tdxed mY offf`a~li '°sral, ~e daY ad ~, ~ , t, s..'fi~`tC1t+d Ana. , [ti ~it,.~vlrSc `l: ii + + .,• .:,.. ~~~~,[ ~ •is ~` y't~: .i: cc.a' in thie tAt'tiFCa.c fit'!l atr~cc ~c' i~y~'~1'I r=~ i~°' i. ~.'. ~.;. .. ~• . ~" .. t:' . iS •.- ~. :~ ~ Q i ~~~ ~~ .- °:~ ~. ~ i YL it _ ;~ ~; . -...'y ..... ': I ..~ Notary pytsuc. yr :.....---. _ 3tlnt 1i. !!S3 . ~ _ >xott`f R~ Ceam~3stotl -- _ ~.~ • ~ . i P ~ ~ . R' ~i - 40 ..;i .; f!. - • . .. 8 ~ ~ _ ~ ,; ~ ~ :_ ~ ((~~ F . 4~. ~~V1T ~. . . ..... -~~~.'. : ~..~.... . " ~ ;~.... n ~ 4 1: ~~.. '. ' -- -~'- ... n 3 ~~ .V V~~1v.~• p...~ t. ~ ~ a : ~' -- -.~ ----- .r..-- . .. .: J.': .a~;i~;t?l'tr:i."i.»~>i:u ~4ii~~=`'i';'.r r`'_`?`.'~. rcgi£0~d W ~.. .~~ j' ..'= ~:: yy'1 ' 4 C ~~. ;1 - ~ -... ~. _ _-~ 11 tZ:80 6661-9t-Nnr • • Clark Development, Transmittal TO: MS. SHARI STILES _CITY_OF _MERIDIAN _200_E._CARLTON,_S U ITE_201 _MERIDIAN,_ID_83642 FROM: BILL CLARK DATE: 6/17/99 TIME: _9:15AM PROJECT: _TERRACE LAWN WE ARE SENDING YOU VIA: FOR YOUR: x .Delivery /Pickup ^ Information ^ Overnight Courier ^ Approval ^ U.S. Mail ^ Review & Comment ^ Other x Action ^ Other THE FOLLOWING: COMPREHENSIVE PLAN AMENDMENT APPLICATION Qty. Description 1 Application packet 35 .Additional copies of site map Received & Acknowledged: ` Signature & Date Clark Development 479 Main Street Boise, ID 83702 phone: (208) 342-2625 • fax: (208) 342-2627 e-mail: clarkdev@micron.net N ~ N m ~ N Z c b Q ~ ~c o = o ~ ~ ~ Q~ o d W ~ ~ ~~ ~~~~11 w ~ N ~ z tiJ N ~ ~ ~ ' ~ R o a ~S ~ r U ~ z c ~ f W ~ m °' ~ ~ +~. o , /~ ~ o ~ ~ p, 3 C N y (7 /~ W Q ~ D A = m \ V ~ O b ~ '~ ~ Z o 6 p d ~' `c A -i ~ ~ S N 3 ~ ~ m ~ a s ~~ m o ~ ~ t p ".I n x r g _~ p 0 ,6~• r ~` o c y (' /"e ~i ~ ~ 1 -- - -- - - -- -- - - - -- -- -- - -- -- Q ~ C7` l U~ \ / _ ~ Q. C w w ~ o ao ~ ~ ~_m-~ ~ ~. ~~ ~ ~ ~ W ~ ~ ~~ v _ y Z ' ~ U.S. BANK OF IDAHO ~ 0 ~ Q O BOISE, ID 83702 ~7 CLOVERDALE FUNERAL HOME & 9 2-3 7 211 23 1 - < < MEMORIAL PARK 1200 N. CLOVERDALE RD. -, BOISE, ID 83713 (208) 375-2212 - Memo: DATE AMOUNT Jun 16, 1999 **$1,100.00*** One Thousand One Hundred and Oj100 Dollars PAY TO THE ORDER oF: CITY OF MERIDIAN ~~ AUTHORIZED SIGNATURE 8 SECURITY FEATURES INCLUDED. DETAILS ON BACK. o II'020L9011' .I:i23L037291. 332 7809 574u' x 1 b-~~J- ~ yyy ~ s b~F'M ~ rKUM C:LAKK UtVtLUI-'P'Itty ~ Ll~t1 ,SaG coc ~ ~~~ ,_, ., ~~ ~ CLARK DEVELOI'1ViENT June 29, 1999 Ms. Shari Stiles Planning & Zoning Adriaixustrator Ciry of Meridian 33 E. Idaho Meridian,'ldaho 83642 ~m~ :i T -- -- --~: r5 i5 ~ -~o r"~ yov al~uk -I~tis 1 o-rn i rL - I K.e _ ~ y m Y s~..., ,~~ ~ Yov m'S~a~~P ~~• Re: Comprehensive Plan Amendment Application -Terrace Lawns.Memorial Gazdens Tnc. ~,-~-~- _~. --~..._.,J. Dear Shari, V:a Facsimile Asxyou know, we submitted on June 17, 1999 an application for a Comprehensive Plan amendment for the'"above referenced property. We have been informed by Brad Hawlans- Clark that the application is complete and that it is to` be referenced as CPA-99-03. It is not a pazticularly complicated request and in fact is related to the change in designation being requested for adjacent property. At the June 17~' meeting of the Planning and Zoning "Commission, it was decided that there would be a hearing on July 29'~ for two other pending applications, CPA-99-OOl and -CPA-99-002. In setting that date for those two applications, the Commission appeared to be unaware that another application had been submitted. Following the meeting, X spoke with Commissioner Byron Smith, who made the motion to hold the hearing on those two items. He indicated that he was unawaze of the third application and that it would make sense to hold hearings on all of the CPA :applications at the same time, or at least hold off on making a recommendation for Comprehensive Plan amendments until all three could be forwarded, if they are indeed to be recommended. 1 am requesting that staff discuss this with the Planning and Zoning- Commission and that our application be heard in conjunction with. the two,others. That would avoid our application being held up for at least six months and allow the City to proceed with its overall Comprehensive Plan revision process, which could easily require more than six months to complete. Thank you for your consideration in this maser. Sin ely, /. tel. ~'-Bill Clark cc: Byron Smith William Gigray III ` Christopher Beeson, Givens-Parsley 479 Main Street, Boise, IdaDo 83702 ~ 2081342.2625 ~ Fax 2031342.2617 • clarkdev®micron.net JUN 29 '99 1446 208 342 262? PAGE.O2 e ~ _ ..~;...~. '~ Meridian City Council M~ng a December 7, 1999 Page 3 OVERLAND ROAD, '/4 MILE WEST OF MERIDIAN ROAD, WESTWARD TO STODDARD ROAD: .. ITEM R. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST `"~'~FOR COMPREHENSIVE-:PLAN AMENDMENT BY BILL ,r.._.... ~, _ - CLARK/CLARK"DEVEL`OPMENT (TERRACE°LAWN~~ MEMORIAL)TO-CWANGE LAND. USE FROM SINGLE=FAMILY RESIDENTIAL TO -MIXED RESIDENTIAL- 4000.BLOCK OF FQIRVIEW AVENUE BETWEEN EAGLE ROAD AND CLOVERDALE ROAD:. - e- ITEM S. ORDER OF DECISION: REQUEST FOR FINAL PLAT OF PACKARD .SUB NO. 3 BY W1RT EDMONDS AND CRAIG GROVES -WEST AND NORTH OF FAIRVIEW AND EAGLE ROADS: ITEM T. ORDER OF DECISION OF DENIAL: APPEAL OF FENCE VARIANCE COMMITTEE DECISION BY CHARLOTTE NOLAN AND ROBERT SMITH: ITEM U. REQUEST FOR ONE-YEAR EXTENSION OF THE 11/17/98 APPROVAL OF THE FINAL PLAT FOR ASHFORD GREENS NO. 4 BY BRIGHTON CORPORATION -PORTION OF THE WEST'/z OF THE WEST 'h OF SECTION 3, T.3N., R.1W: ITEM V. ENGINEERING AGREEMENT - "NO NAME SEWER TRUNK": ITEM W. ENGINEERING AGREEMENT - F{VE MILE CREEK RELIEF SEWER PROJECT: ITEM X. ENGINEERING AGREEMENT - 1999 WWTP TRUNK SEWER EXTENSION PROJECT: ITEM Y. ENGINEERING AGREEMENT - 1998 SEWER MASTER PLAN ANALYSIS OF DEVELOPMENT CONCEPTS: ITEM Z. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: ANNEXATION AND ZONING OF 7.25 ACRES FROM SINGLE- FAMILY RESIDENTIAL WITH ACREAGE TO COMMERCIAL LOTS AND MINI-STORAGE FACILITY BY OVERLAND MINI- STORAGE, LLC: APPROVED Rountree: City Council meeting for the City. of Meridian in order at 7:37. Citya Clerk, would you do roll-call. Welcome this evening. We have quite an agenda before us, but we hope to do away with about a page and a half of it in short order here. Bear with me. I'm substituting for the Mayor who is going to be gone '~ Meridian City Council M~g i December 7, 1999 Page 4 for a white this evening, I don't know how long. I'm the City Council President, Charlie Rountree. The first items on the agenda this evening is the Consent Agenda. Any discussion? Bird: I have none. Rountree: Mr. Bentley. Bentley: I have none. Rountree: I'll entertain a motion on the Consent Agenda. Bird: Mr. President. On the Consent Agenda, I move that Item L be tabled until the 21 St, I believe, December 21St Rountree: January 4tn Bird: Okay. To January 4~'. On the rest of it, I move that we approve the Consent Agenda with the Staff s comments from our Pre-Council meeting recorded, and that vve have voice vote because we have some contracts involved here. Rountree: You afi done? Do I hear a second? Bentley: Second. Rountree: It's been moved and seconded that we approve the Consent Agenda with tabling of Item L and including the Staff comments on the Items as discussed in the Pre-Council briefing. Voice vote; Councilman Bentley. Bentley: Aye. Rountree: Councilman Bird. Bird: Aye. Rountree: Councilman Rountree; aye. Ail in favor. The Consent Agenda is passed. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 1. CONTINUE PUBLIC HEARING: FOR THE PURPOSE OF REVIEWING AND CONSIDERING THE PLANNING AND ZONING COMMiSS10N'S CONSIDERATION OF VARIOUS TECHNICAL AND CLERICAL TEXTUAL CHANGES TO THE ZONING AND SUBDIVISION ORDINANCES AND WHICH WILL PROVIDE FOR ~ ,F c ~ ~` Meridian City Council Meg November 16, 1999 Page 12 Gigray: That'd be correct. I might advise the Council for your information, we have prepared in light of the direction you gave me at the last Council meeting with anticipation of preparing these Findings and Development Agreement, and because it has been represented by the developers in the public hearings that this property which is the subject of Item No. 8 and the property which was the subject of Item No. 7 will be developed together. We have prepared one Development Agreement which will effect both properties with a proviso that the owner of the property that's subject to Item No. 7 would only be responsible for the provisions of the Development Agreement as it pertains to that particular property. That's prepared and then, I think, has been submitted to the Clerk today for consideration by the developer if you act on this Item. (inaudible discussion amongst Council members) Corrie: Mr. Bentley. Bentley: I move that we approve the Findings of Facts and Conclusions of Law, request for rezone of 11.4 acres from I-L to C-C by Developers Diversified Realty Corporation/Dakota Company. Rountree: Second. Corrie: Okay. Motion's been made and seconded to approve Item No. 8, rezone of 11.4 acres from I-L to C-C by Developers Diversified Realty Corporation/Dakota Company. Is there any further discussion? Roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 9. "FINDINGS OF FACT AND CONCLUSIONS OF L°AW: REQUEST ,~. ~""FOR'-COMPREHENSIVE PLAN AMENDMENT FROM SINGLE-. FAMILY RESIDENTIAL TO MIXED. RESIDENTIAL FOR TERRACE r .- Meridian City Council- Meg • November 16, 1999 Page 13 LAWN MEMORIAL GARDENS, INC. BY CLARK DEVELOPMENT /BILL CLARK -SOUTH OF FAIRVIEW AVENUE BETWEEN EAGLE ROAD AND CLOVERDALE: Corrie: Item No. 9 is Findings of Facts and Conclusions of Law: Request for Comprehensive Plan Amendment from single-family residential to mixed residential for Terrace Lawn Memorial Gardens, Inc., by Clark Development/Bill Clark, south of Fairview Avenue between Eagle Road and Cloverdale. Staff. Stiles: Mr. Mayor and Council, this was recommended for mixed/planned use development and not mixed residential. The recommendation by Planning and Zoning Commission was for mixed/planned development. On Page 13 of 16, it still refers in Item 1, third and fourth line is mixed residential. Also on Page 14, second line, it says mixed residential. Then also the wording in the Resolution would need to be changed to from mixed residential to mixed/planned use development. Carrie: It wouldn't make a difference (inaudible) cemetery. Bird: Yeah. Corrie: Any others, Shari? Anything else? Okay. Thank you. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we approve the Findings of Facts and Conclusions of Law, Decisions and Order and Resolution 265 for the single-family residential to mixed/planned use development and change all references in all of those documents that refer to mixed residential to mixed/planned use development. Bird: Second. Corrie: Okay. Motion is made and seconded to approve the Findings of Facts and Conclusions of Law on the request for Comprehensive Plan Amendment for single-family residential to mixed/planned unit development. Gigray: Mr. Mayor. Corrie: Mr. Gigray. Gigray: Sorry to interrupt, but a point of procedure. I'm looking at the staff reports, and the headings from Planning and Zoning, and it talks about designation to mixed residential designation. Meridian City Council Me~lRfg November 16, 1999 ' Page 14 Stiles': ~ That is what their application. was for, but the motion was to make it mixed/planned use development. Gigray: Was there an amendment to the plan? Corrie: That's what this is, is a (inaudible) Rountree: That's what my motion was. (inaudible discussion amongst Council members) Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: City Clerk can't find that file. Possibly Shari could bring that information to the - we could take a look at it. Stiles: Do you want the recommendations from the Commission or - Rountree: Please. Stiles: -- or your motion? (inaudible discussion amongst Council members) Bird: Millenium with G.L. Voigt. This is a different one. Rountree: Shari. Bird: This is G.L. Voigt. Stiles: No. That's the (inaudible) Bird: Millenium? I don't think so. Corrie: Millenium Business Park? We all make mistakes. Bird: What does our motion say to pass the - Stiles: It's in the motion. Bird: In the motion? Rountree: She just said. Meridian City Council Mec~g November 16, 1999 Page 15 Bird: I can't find it. (inaudible discussion amongst Council members) Corrie: Mr. Rountree. Rountree: Page 42 of the minutes of the November 3`d meeting, motion was made by Mr. Rountree - I move that we have Findings of Facts and Conclusions of -Law ~ to reflect the recommendations from Planning and Zoning and recommendations from the Planning Administrator that would indicate that the reference should be to Clark Development/Bill Clark, not J-U-B and the zoning be described that the City would support mixed/planned use development. Bird: But the application - Rountree: And that was the recommendation from Planning and Zoning as well. (inaudible discussion amongst Council members) Corrie: Is that what. they applied for? Bird: That's what we voted for was the mixed use. Corrie: Mixed/planned use development? Bird: It was such a short week that they couldn't get the minutes to him (inaudible) and he went off of the recommendations. Corrie: `Okay. So is it all right, then, Mr. Gigray? Gigray: Well, they're your Findings. Corrie: I know. Okay. Then I'll repeat the motion, then. The Findings of Facts and Conclusions of .Law, request for Comprehensive Plan Amendment from single-family residential to mixed/planned unit development for Terrace Lawn Memorial Gardens, Inc., Clark Development/Bill Clark for Resolution No. 265. Is that correct, Mr. Rountree? Rountree: Yes. Corrie: Okay. Any further discussion? Hearing none, roll-call vote; Mr. Anderson. Anderson: Aye. Corrie: Mr. Bentley. Meridian City Council Me~ November 16, 1999 Page 16 Bentley: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Rountree. Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE- FAMILY RESIDENTIAL TO MIXED/PLANNED USE (MILLENNIUM BUSINESS PARK) BY G.L. VOIGT DEVELOPMENT AND OVERLAND 16 LLC -WEST OF EAGLE ROAD AND SOUTH OF OVERLAND: Corrie: Item No. 10 is a Findings of Facts and Conclusions of Law: Request for Comprehensive Plan Amendment from single-family residential to mixed/planned use (Millennium Business Park) by G.L. Voigt Development and Overland 16, LLC, west of Eagle Road and south of Overland. Staff, comments on Item No. 10? Stiles: Mr. Mayor and Council, on Page 5 of 16, Paragraph 14 that refers to Edgeview Estates Subdivision should be deleted. Corrie: Edgewood Estates, No. 14? Stiles: Yes. It refers to Edgeview Estates Subdivision bordering to the east. Corrie: Okay. Thank you. Tammy and Cherie, are you following with all this paperwork? Okay. I'll entertain a motion, then, on Item No. 10 with the Resolution 266. Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we approve the Findings of Facts and Conclusions of Law and Order of Decision. I don't find the Resolution. This is the land use -this doesn't have a Resolution. Corrie: I don't have a plan use, I'm sorry, with it. .• _; • MERIDIAN CITY COUNCIL MEETING: DECEMBER 7 1999 APPLICANT: SILL CLARK/CLARK DEVELOPMENT AGENDA ITEM NUMBER: REQUEST: COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL Tfl MIXED RESIDENTLAL FOR TERRACE IAWN MEMORIAL GARDENS AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: 1DAH0 POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 1; tom, ~~ • BEFORE THE MERIDIAN CITY COUNCIL Revised ll-18-99 IN THE MATTER OF THE ) APPLICATION OF CLARK ) DEVELOPMENTBILL CLARK FOR ) A COMPREHENSIVE PLAN ) AMENDMENT TO CHANGE LAND) USE FROM SINGLE FAMILY ) RESIDENTIAL TO MIXED ) RESIDENTIAL FOR THE 4000 ) BLOCK OF FAIRVIEW AVENUE ) BETWEEN EAGLE ROAD AND ) CLOVERDALE ROAD, TERRACE ) LAWN MEMORIAL ) CASE NO. CPA-99-003 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP The above entitled application for amendment to the City of Meridian's Comprehensive Plan Generalized Land Use Map having come on for public hearing before the City Council on the 3`d day of November, 1999, at the hour of 7:00 p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and appearing and offering testimony was Shari Stiles, Planning and Zoning Administrator, and no one appeared in opposition, and the Council having received the record of this matter from the Planning and Zoning Commission, and having received the "Findings of Fact and Conclusions of Law and Decision and Recommendation of the Planning and Zoning Commission on this application, and FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 1 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) i ~ • having duly considered the matter, the City Council makes the following Findings of Fact, Conclusions of La~v, Decision and Order Amending Comprehensive Plan Generalized Land Use Map. FINDINGS OF FACT 1. A notice of the time, place, and a summary of the proposed amendment plan to be discussed at the November 3, 1999,. hearing was published fifteen (15 ) days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations; the matter was duly considered at the November 3, 1999, public hearing; and the public vas given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in the City of Meridian Comprehensive Plan and Idaho Code § 67-6509. 3. The property which is the subject of the application for amendment-is herein described as follows to-wit: See attached Exhibit "A" consisting of 2 pages: the first page designated as Tealey's Land Surveying, Project No. 1882, Date: June 16, 1999, Description for Tim Gibson, Meridian Rezone Parcel -West Parcel 3, and the second page designated as Tealey's Land Surveying, Project No. 1882, Date: June 16, 1999, Description for `-~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 2 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) ~~ `fit Tim Gibson, Meridian Rezone Parcel-East Parcel 7. 4. The Applicant is Clarlc Development/Bill Clarlc, of 479 Main St. Boise, Idaho. The Applicant filed a written Comprehensive Plan amendment application. 5'. Pursuant to the application, the affected property is generally described as an 11.76 acre parcel south of Fairvietiv Ave. midway between Eagle Rd. and Cloverdale Rd. The Applicant requests the Comprehensive Plan and Land Use Map amendment to change from Single Family Residential to Mixed Residential. 6. The subject real property is generally located south of Fairview Avenue midway between Eagle Road and Cloverdale Road, and is bordered by Crossroads Subdivision to the west and the proposed development and extension of the Family Center [currently DSzG Turf ~ Nursery], and Terrace Lawn Memorial Gardens to the north and a large vacant parcel to the south is owned by the Seventh Day Adventist Church. 7. The subject real property is in Ada County currently zoned by Ada County Ordinance as RT, Rural Transitional, and lies within the City of Meridian Impact Area with the parcel to the east of the subject real property lying within the Boise Impact Area, which a future land designation of Medium Density Residential, 15DU/acre. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 3 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI< DEVELOPMENT/BILL CLARK (CPA-99-003) • the north, and a denser residential designation provides a good transitional land use between the shopping center and adjacent church and residential subdivision properties, and is compatible with the Boise Area of Impact designation of Medium Density Residential to the east of the subject property. 13. Due to the lack of policies in place for the Mixed Residential designation due to the changes in the area as herein set forth in these Findings, and due to the fact that the Mixed Residential designation would create a very small spot land use designation with all other locations with this designation, which are currently clustered on the land use map into distinct areas, a Mixed Planned Use Development designation as recommended in Finding 10.7 of the Planning and Zoning Recommendation Findings is preferred and warranted. 14. Mixed Residential is not defined in the Comprehensive Plan, nor are any performance standards in place for this designation. 15. If, however, the Developers Diversified application is approved, staff could support designation of this area as Mixed Planned Use Development so that all uses are controlled. under the conditional use permit process as planned development. Approval of a change in the land use designation in no way indicates approval of any concept plans presented. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 5 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI< DEVELOPMENT/BILL CLARK (CPA-99-003) ! • 16. The Applicant proposes the proposed apartment complex use of the site would most likely require an R-15 zone if it is annexed to the City of Meridian in the future. 17. In order to develop the parcel there are no other solutions in order to have zoning compatible to the Comprehensive Plan but to amend the Generalized Land Use Map component as applied for herein. I8. It has been more than six (6) months prior to the date of the receipt of the Recommendation of the Planning and Zoning Commission in this matter; that the Commission has recommended amendments to the Land Use Map component of the Comprehensive Plan to the City Council. 19. The proposed designation change within the subject application would, in fact, require an amendment to the Comprehensive Plan as determined by City policy. CONCLUSIONS OF LAW 1. All the procedural requirements of the Land Use Planning Act and of the Comprehensive Plan of the City of Meridian were met including: notice of the time, place, and a summary of the proposed amendment to the Plan, the publication of which was fifteen (15) days prior to said hearing; copies of all notices were made FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 6 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI< DEVELOPMENT/BILL CLARK (CPA-99-003 ) ~~ a available to newspaper, radio, and television stations. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code § 67-6509(b)). 2. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.C. § 67-6509). 3. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Land Use Planning Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code § 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 4. The City Council or any group or person may petition the Planning and Zoning Commission for a plan amendment at any time. The following requirements, time tables, and procedures to amend Meridian's Comprehensive Plan at pages 78 - 79 must be satisfied: FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 7 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) A. Application to amend the Comprehensive Plan may be filed with the Planning and Zoning Commission at any time. B. The Applicant will submit a letter for a Plan amendment which will contain the following; 4.B.1 Specific definition of the change requested. 4.B.2 Specific information on any property involved. 4.B.3 The condition or situation which warrants a change being made in the Plan. 4.B.4 The public need for and benefit from such a change in the Plan. 4.B.5 Documentation that no other solutions to the problem are presented by the current policy of the Plan are possible or reasonable. 4.B.6 Development intentions for any land involved. 4.B.7 Any other data and information needed by the Planning and Zoning Commission in evaluating the proposal, such as who does it help, who does it hurt, how much is it going to cost and who is going to pay for it. C. No application will be considered until the required information is complete. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section). 5. The Commission may recommend amendments to the land use map component of the Comprehensive Plan to the City Council not more frequently than FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 8 OF IS DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) one every six (6) months. (Idaho Code § `67-6509(d); Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) 6. The City Council may conduct a public hearing in addition to the public hearing conducted by the Planning and Zoning Commission as provided by Ordinance, prior to adoption, amendment, or repeal of the Comprehensive Plan using the same notice and hearing procedures as the Commission, only after having received the Recommendations from the Planning and Zoning Commission. Idaho Code § 67-6509(b). 7. The Comprehensive Plan of the City of Meridian provides at page 79 in Section F, G and H of the Section entitled "Comprehensive Plan Amendments" for the procedure to be followed by the City Council upon receipt of the Planning and Zoning Commission's recommendations to as follows: F: Upon receipt of the Planning and Zoning Commission's recommendations on Plan amendments, the City Council will set a date for public hearing on the application. At the public hearing, the proposed amendments will be presented and the City Council will receive the report of is Committee, if one has been appointed, and public testimony on each application. G: At the public hearing or within 45 days thereafter, the City Council shall approve or deny the application (except that with the written agreement of the applicant, an additional amount of time, which shall be specified, may be taken). All applicants shall be notified by mail of the City Council's decision and the decision shall be supported by FINDINGS OF FACT AND CONCLUSIONS OF LA.W, PAGE 9 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARIC DEVELOPMENT/BILL CLARK (CPA-99-003) ~ s findings of fact and conclusions of law. If the City Council makes a material change in the proposed plan amendment it shall conduct one additional public hearing prior to adopting the proposed amendment as changed and may alter its findings of fact and conclusions of law. H: All applications for Comprehensive Plan amendments shall be acted upon by the City Council within 16 months from their date of filing unless, upon written agreement of the applicant, an additional amount of time may be specified, or unless the provisions of Section (1) are applicable requiring additional time for study. 8. The Meridian Comprehensive Plan applies to the Meridian Area of City Impact and the coordination of amendments and zoning applications in the Impact Area are as follows: 1-11-6 Meridian City Code: Coordination o~'Amendments and Zoning A~~lications: "A. County and City Coordination: All applications for Ada County and Meridian amendments to their respective comprehensive plans and implementing ordinances which apply within the area of City impact shall be sent by the entity considering such amendment to the other entity. A separate referral process shall be adopted by resolution by each entity regarding procedures and time periods for, and the effect of, sending such amendments, and such resolution may be amended from time to time upon mutual agreement in writing by Ada County and the City. B. Applications To City: All Ada County applications for planned developments, subdivisions, rezones, private roads, and conditional use FINDINGS~OF FACT AND CONCLUSIONS OF LAW, PAGE IO OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) permits within the area of City impact shall be sent to Meridian, in accordance with the referral process arrived at pursuant to subsection A of this Section." 9. To change a designation from Single Family Residential to Mixed Planned Use Development requires approval by the Planning and Zoning Commission as provided under the City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan Amendments Section. 10. Upon review of an amendment application relating to land use designations, the Council should take the following objectives into account: 10.1 Mixed-planned uses along the I-84 corridor, which are attractive and compatible with high-volume traffic corridors. 10.2 Designating ample land for urban expansion and infill. 10.3 Quality residential neighborhoods, north, south, east, and west of Old Town. 10.4 Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. 10.5 Buffers to the waste treatment plant. 10.6 Adequate school and park sites for quality living 10.7 The importance of maintaining compatible land uses to ensure an optimum quality of life. 10.8 Respect for the responsibilities and rights of land ownership. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 11 OF 1 S DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) • • 10.9 Reinforce the role of the City in regulating the use of land resources for the benefit of future generations. 10.10 Plan for multiple use of public facilities wherever feasible. 1 1. `Upon review of an amendment application affecting residential designations, the Council should take the following policies into account: 11.1 Support a variety of residential categories (urban, rural, single- family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 11.2 Support strategies for the development of neighborhood parks within all residential areas. 11.3 Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 11.4 Encourage sidewalks and paved streets for all existing neighborhoods through joint ACRD/Local Improvement District programs. 11.5 Encourage compatible infill development which will improve existing neighborhoods. 12. The requirements for a Comprehensive Plan are set forth in I.C. § 67- 6508. The statute provides in part that: "The plan shall consider previous and existing conditions, trends, desirable goals and. objectives, or desirable future situations for each planning component. The maps and charts are based on the FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 12 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI< DEVELOPMENTIBILL CLA.RI~ (CPA-99-003) ~~ 8. The City of Meridian has complied with the referral process with Ada County of the requested amendment of the Comprehensive Plan. 9. The Applicant is Clarlc Development/Bill Clarlc, of 479 Main St., Boise, Idaho. The Applicant filed a written Comprehensive Plan amendment application. 10. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary. 1 1. This application is made in anticipation of the granting of the application for Comprehensive Plan Generalized Land Use Map amendment in Case No. CPA-99-002 by Developers Diversified Realty Corporation, which this applicant supports. 12. Considering the previous and existing conditions, trends, desirable goals and objectives, and desirable future situations of the Generalized Land Use Map of the Comprehensive Plan, it is found that since the adoption of the Generalized Land Use Map there have. been significant changes in the area including most- notably the approval of the Family Center Shopping Center, which abuts the subject property to FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 4 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLA.RI~ DEVELOPMENT/BILL CLA.R.I< (CPA-99-003) components of the written plan." DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order that: 1. The Applicant's request for Comprehensive Plan Amendment to the Generalized Land Use Map Component to change the real property described in Finding of Fact no. 3 from a Single Family Residential designation to a Mixed Planned Use Development designation is granted. 2. The City Attorney is directed to prepare for consideration by the City Council the appropriate Resolution directing the Comprehensive Plan Land Use Map Component change of the subject real property from Single Family Residential to Mixed Planned Use Development designation. 3. Subsequent to the passage of the Resolution, 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 Comprehensive Plan Generalized Land Use Map component in conformance with this Order and the provisions of the Resolution. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 13 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI< DEVELOPMENT/BILL CLARK (CPA-99-003) .' 4. The City Cleric is to notify and provide a certified copy of the Resolution to the appropriate Ada County officials to notify them of the Comprehensive Plan amendment. 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 being a person who has an interest in real property which may be adversely affected by the issuance or denial of the Comprehensive Plan Land Use Map change 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 day of 1999. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) VOTED VOTED VOTED PAGE 14 OF 15 COUNCILMAN. CHARLIE ROUNTREE VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Worlcs Department, appropriate Ada County officials, and the City Attorney. By: Dated: City Clerlc msg/Z:\WorlcUVl\Meridian 1S360M\Terrace LawniFfClDecOrdCPA FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) PAGE 15 OF 15 ,// • ~/ ~`cALi=Y'S LAND SURVEYING °roject No.: 1882 1?ate: June 16, 1999 • 9t5 V~iest .:eiiersen Straet • Boae. icano Q37p~ (Z48) 3H5-4636 max (2t}8) 38~-dE?6 DESCRIPTION FOR TIM GIESON MERiDI.4N REZONE PARCEL-E~,ST PARCEL A portion of Tracts "B & C" of Tet:ace Lswn iv(etnorial Gardens, Inc. Cemetery Tract situated in the Iv'W 1/, of the I~tE'/. of Sectian 9, T.31v., R.lE., Boise ?vieridian, Ada County, Idaho, more psrticuIarly described as follows: Commencing at the North ~, earner of said Section 4; thence along the North- South center of section Line of said Section 9 South 0°4$'3f" W~ I3?S.?4 feet to the Southwest come= of the NW '/. of the NE ;: of said Section 9; thence along the South line of the NW '/, or the NE :4 of said Section 9 South 89°21 ' 18" East 6~tQ.7 i feet THE POINT OF BEGINNING; thence continuing South 89°21 ' 18" East 695.08 feet to the Southeast comer of the NR' ;~, of the i~'1=, ;4 of said Section 9; thence along the East Iine of the NW '/, of the NE % of said Scctian 9 North 0°31'38" Est 319?0 feet to a point; thence leaving said East line North 89°35'00" West b93.~2 fea to a point; thence along a line parallel to the North-South center Line of said Section 9 South~0°8'35" VS%cst 316.~~ feet to THE POINT OF BEGINNING , Said parcel coaiains 5.066 acres, more or less. ~~ z~ r~~ a o~ to d, ~~,~~4 EXHIBIT "A" Page 1 of 2 CPA-99-003 T~AL1=Y S LAIV 9t5 Yves, ~er~erscn Scree! • ~e~se. ~aano ~3~02 SLlRVEYiNG {208) 385-4636 Fax f208) 385-0E95 Date: ~unc 16, 1944 DESCRIPTION FOR TIM GIBSCIN MERIDL~N REZONE PARCEL -WEST PARCEL 3 :~ portion of Z'rac*S "C ~ D" of Te.:ace Lawn Memorial Gsrdens, Inc. Ce:nete-y Tract situat:.d in the Tv'W'/. of the NE %: of Section 9, T.N., R.IE.; Boise Meridian, :~da Counn-. Idaho, more pamcularh• descri'oed as follows: Com2nencinQ at tae North l~: comer of said Section °; the_ne_ along the Nosh-South c_nier of section line of said Section 9 South 0°48'35" West 871.76 feet to TIE POINT OF BEGIl~NING; thence ;.continuing South 0°-~8'3~" ~icst 453.8 fe°: to the Southwest corner of tt:e NW ',!~ of the ~+~ :•: of said'Section 9; thence slong the South Line of the I`ii' '/< of the NE '/< of said Section 9 South 84°? 1' 18" East b=0.77 feet to a point; *hence lesvinQ said South Line along a line parallel to the North-South center line of said Section 9 Notch 0°48'3" East 456.04 fee*_ to s point: thence North 89°35'00" West 640.79 r"eet co THE POINT Off' BEGIN:~'ING -Said parcel contains 6.630 acres, more or less. EXHIBIT "A" Page 2 of 2 CPA-99-003 ~~u t'1. L~~d a~ E ~~\ G ~~.. ~ $~ r, i~~r ~~ • RESOLUTION NO. BY: A RESOLUTION FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES PARTIALLY WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN AND PARTIALLY WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL DESIGNATION TO A MIXED PLANNED USE DEVELOPMENT DESIGNATION" AND REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE CITY CLERK TO NOTIFY AND PROVIDE A CERTIFIED COPY OF THE RESOLUTION TO THE APPROPRIATE A.DA COUNTY OFFICIALS. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section 1. Findings: 1. The owner of the following described property has made a written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map Component change from a Single Family Residential designation to a Mixed Planned Use Development designation. 2. The City of Meridian Planning and Zoning Commission and the City Council having given notice and conducted all public hearings in accordance with law, and having duly notified Ada County of said application and having received their comments, and having issued its Findings of Fact and Conclusions of Law, Decision and Order Granting the Application; and RESOLUTION -PAGE 1 OF 3 3. The Real property which>is the subject of this resolution is legally described as follows: See attached Exhibit "A" consisting of 2 pages: the first page designated as Tealey's Land Surveying, Project No. 1882, Date: June 16, 1999, Description for Tim Gibson, Meridian Rezone Parcel -West Parcel 3, and the second page designated as Tealey's Land Surveying, Project No. 1882, Date: June 16; 1999, Description for Tim Gibson, Meridian Rezone Parcel -East Parcel 7. Section 2. The above described real property be and the same is hereby re- designated on the Comprehensive Generalized Land Use Map from Single Family Residential to Mixed Planned Use Development. Section 3. The engineering staff of the Public Worlcs Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with the provisions of the Resolution. Section 4. The City Clerk is to notify and provide a certified copy of the resolution to the appropriate Ada County officials to notify them of the comprehensive. plan amendment. Section 5. All ordinances, .resolutions, orders or .parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 6. This ordinance shall be in full force and effect from and after its passage, approval and~publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 1999. RESOLUTION-PAGE 2 OF 3 ** TX CONFIR<~N REPORT ** AS OF NOU 24 '~5 1326 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 08 11124 13 23 208 342 2627 Meridian Ciry Council Meeting November 16, 1999 Page 12 MODE MINiSEC PGS CMDtt STATUS EC--S 02'13" 005 057 OK ~A Gigray: That'd be correct. I might advise the Council for your information, we have prepared in light of the direction you gave me at the last Council meeting with anticipation of preparing these Findings and development agreement, and because it has been represented by the developers in the public hearings that this property which is the subject of Item No. 8 and the property which was the subject of Item No. 7 will be developed together. We have prepared one development agreement which will effect both properties with a proviso that the owner of the property that's subject to Item No. 7 would only be responsible for the provisions of the development agreement as it pertains to that particular property. That's prepared and then, I think, has been submitted to the Clerk today for consideration by the developer if you act on this Item. (inaudible discussion amongst Council members) Corrie: Mr. Bentley. Bentley: I move that we approve the Findings of Facts and Conclusions of Law, request for rezone of 11.4 acres from 1-L to C-C by Developers Diversified Realty CorporationlDakota Company. Rountree: Second. Cowie: Okay. Motion's been made and seconded to approve Item No. 8, rezone of 11.4 acres from I-L to C-C by Developers Diversified Realty CorporationlDakota Company. Is there any further discussion? Roll-call vote; Mr. Anderson. Anderson: Aye. Cocrie: Mr. Bentley. Bentley: Aye. Cowie: Mr. Bird. Bird: Aye. Cowie: Mr. Rountree. Post-its Fax Note 7671 Deta ti'~,q-I 01 pa°ges~ rj To From L~ 1 eI1 _ c7Y~ WJ co.ioept A.~~ Ded- co. Mend.+.a~ PhOne# 2f,2~~Z ~+J'~T PhonaB GC/C _,I~~ Oa D ~[ Fax N Z ~~i . Z felt # Rountree: Aye. MOTION CARRIED: ALL AYES ITEM 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE- FAMILY RESIDENTIAL TO MIXED RESIDENTIAL FOR TERRACE ^~,tL~+~~--II ~~ ~OftOED- REQUcST G~ ..~. t~,,. ', i;~a c~t1MrY arc ^oL? C~~J ~. aav,~ ~avaR;~o Roy^F. lr~N~ FEL DE°U ~ 2oao ~~~ - ~ ~;~ 3: 0~ ~~ I 0 0 0'~ 2 7~5 0~ ~~.~ COPY DEVEI.QPMENT AGREEMENT 01-31-0~" P,A;ItTIES: I. City of Meridian 2. Developers Diversified Realty Corporation, developer, for . (AZ-99-012) and (RZ-99-007) 3. Terrace Lawn Memorial Gardens, Inc., an`Idaho corporation, owner, for (A7.-99-012} d ' 4. Hermes Associates, LTD, a Utah Limited Partnership; owner, (R7.-99-007) THiS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ~.f s~ day of f j/j~~v 2000, by and bet~w~een CTI'Y OF MERIDIAN, a znwtit~Spal coxpvraition of the State of Idaho, hereafter called "CITYA, and DEVELOPERS DIVERSI) IEIJ R1:AI.TY CORPORATION, "DE~%ELOPER" whose address is 3300 Enterprise Parkway, Beachwood, Ohio 44122, and HERMES ASSOCIATES, LTD, A UTAH LIMITED PARTNERSHIP, "OWNER" whose address is r/a Developers Diversified Realty Corporation, 3300 Enterprise Parkway, Beachwood, Ohio 44122, and TERRACE LAWN MEMORIAL GARDENS, INC., "OWNER" whose address is 120a N. Cloverdale Road; Boise, Idaho. I: RECITALS: 1.1 WHEREAS, "Terrace Lawn 1Vlemorial Gardens, Inc." and "Developers Diversified Realty Corporation" are ttie owners, in law and/or equity, of certain tract o£ laud in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, Herein after i+eferred to as the "Property 1 "; and I.2 WHEREAS, "OWNER" Hermes Assodates, Ltd., a Utah Limited Partnership, is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State "of Idaho, described in Exhibit B, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property 2"; and 1/EL(~M!~IVT AGRI~MENT - {AZ--I7-0i2 and R~)9-(?07j - 1 .. ~ ~ •'. 1.3 WI-fEREA5, I.C. §67-651 IA., Idaho Code, provides that cities may, by ordinance, requite or permit as a condition of re-zoning that the ' owner or "Developer" make a written commitment cancerrting the use or development of the subject "PropGxty"; and 1.4 WHEREAS, "City" has exercised its statutory authority by the enactment of .Meridian City Code §§ I I -7- I 2 and 11- 16-4 A, which authorizes development agreements upon the annexation andlor re- zoning of land; and I.5 WHEREAS, "Developers has submitted an application for annexatiox and zoning of the "Property'1'° described in Exhibit A, and has requested a designation of Community Business District (C- C), (Meridian City t;ode) Case No. AZ-99-OI2 - ;and I.6 WHEREAS, "Developer" has submitted an application for rezone of the "Property 2" described in Exhibit I3, and has requested a designation of Community Business District (C-C),(Meridian City Code) Case No_ RZ-99-007), and which will be developed in conjunction with Property 1 i..7 WHEREA,5, "Developer" has made representations at the public hearings and intends to develop the properties which are the subjrrt of the above referenced proceedings as a mixed use shopping center; and 1.8 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Properties" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony 'and comment; and .:(R~i t 1.9 WI-l<ERF.AS, City Council, the ~6~h day of.~~~Q~be-; 2880, has approved certain annexation and zoning Findings of Fact and Conclusions of Law and Derision and Order, Case No. AZ-99-0 Z 2, set forth in Exhibit C, which are attached hereto and by this DEV)/LOPN~NT AGREEMEIV'I' - (AZ-99-012 and RZ-~9-o0~,- ~ rf ~ ' refereance incorporated herein as if set forth in full, hereinafter refctxed to as (the "Findings"}; and (x!`19 1. I 0 WHEREAS, CityCouncil, the ~ ~~~ day of l~eVemb~t X866, has approved certain rezone~Findings of Fact and Conclusions of L.aw and Decision and Order, Case No. RZ-99-OQ, set forth in Exhibit D, which are attached hereto and by this reference incorporated herein as if set forth in fait, hereinafter referred tows (the "Findings"); and 1.11 WHEREAS, both tl1e "Findings" require the "Developer" and "Owners" to enter into a development agreement before the City Council ~takcs final action on annexation and zoning and re-zoning designation; and I . I 2 "DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and' acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and I.13 WHEREAS, "City" requires the "Developer° to enter into a development agreement for the purpose of ensuring that "Property 1 "and "Property 2" are developed, and the subsequent use of the "Properties" is, in accordance with the terms and conditions of this development agreement, herein being rstablished.as a result of evidence received by the "City" in the proceedings for annexation and zoning and re-zoning designation from government subdivisions providing services withixtt the plannifng jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian .~ adopted December 21,,1993, Ordinance #b29, January 4, 1994, and the Zoning and Development Ordinance codified in 'Title 11, Municipal Code of the City of Mexidian. NOW, "I'I-IEREFO~F,, in consideration of the covenants ar~d conditions set forth herein, the patties agree as follows: 2. INCORPORATION OF RF,CITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full, DEVEi.t)PNlENT AGREEMEM - (AZ-99-072 and RZ-990'7) - 3 .._ 3. I7EFIIVITiONS: Por all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context o£ the presentatiot1 of the same requires otherwise: 3.I "CITY": means and refers to the City of Meridian, a party`to this Agreement, which is ~ cnunicipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. ,. 3.2 "DEVELOPER": means and refers to Developers Diversified Realty Corporation, and its sucxessors, assigns and affiliates, whose address is 3300 Enterprise Paz'kti+vay, Beachwood, Ohio 44I22, the party developing "Prope~tty 1" and/or "Property 2" and sha11 include any subsequent owners}/developer(s} of the "Property" 3.3 "OWNER 1 ": means and refers to Owners of Property 1, Exhibit "A", Terrace Lawn Memorial Gardens, Ins ,whose address is 1200 IV. Cloverdale Road, Boise, Idaho. 3.4 "OVYNER 2": means and refers to Owner of Property 2, Exhibit P, , and Hermes Associates, LTD, a Utah Limited Partnership, whose address is do Developers Diversified Realty Corporatiox<,'3300 Enterprise Parkway, Beach rood, Ohio 44122. 3.5 "PROPERTX I ": means and refers to Property, I , owned by Terrace Lawn. Memorial Gardens, Inc. and Developers Diversified Realty Corporation, 3300 Enterprise Parkway, Beachwood, Ohio 44122, which are those certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A" and "A- I ", attached hereto and by this reference incorporated herein as if set. forth at length. 3.6 "PROPERTY 2": means and refers'to Hermes Associates, LTD, a Utah Limited Partnership, those certain parcel(s) of "Property" Icxated in t?~e Cr~unty of Ala, City of Meridian as described in r DEYELUPMIENT AGREEM>r'NT - (AZ-l~-U12 and RZA9-007) - 4 U ~ • Exhibit "B", attached hereto and by this reference incorpc~~ated herein as if set forth at length. 4. F ~ 1=or purposes of this Agreement, Owner 1's responsibilities shall be subject only to those provisions of this Agreement which make reference to Property 1, even though for ease of reference there are numerous references to Developer"/dwnex_ ` . 5. USES PF,RMITTED BY TH1S AGI7EEMENT': S.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City°'s Zoning Ordinance codified at Meridian City Code §1 I-7-2 1 which air. herein specified as follows: (C-C) Community Business Oistritct: 'phe purpose of the (C-C) ~. District is to permit the establisttment'of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off- street.parking,facilities, astd associated site amenities to sexve area residents and employees; to prohibit strip cozxumeaccial development and encourage the clustering of connnteraal enterprises. All such districts shall have direct access to a transportation arterial and ` collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. With the further restriction that all uses and development of the subject real property shall be govcrxted under the conditional use permit process as a planned development. Far the construction and' development of a c~vrnmcrrial .chopping center. S.2 No change in the uses speufied in this Agreement shall br allowed without modification of this Agreement. b. ~7E'VELOPMENT AS CONDI'TXONAL USE: "Developer/Owner i/Owner 2" has submitted to "City" an applirataon for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the DEVF.L4PMENT AGREEMENT - (/t,Z-99-012 and RZ-99.00 - S City's ?•oning & x7evelapment-C)rdinaztce criteria, therein, provided, prior, to, and as a condition of, the commencemc~nt cif construction of any buildings or , ixnprovernents on the "property 1" and/or."Property 2". - ~ . ... ' " ~~~ 7. CQNDITIQNS .GOVERNING DEVELOPMENT OF SUI3JEC~' PROPERTY: ~~ 7.A Developer/t7wnex 1/Owner 2" shall. develop the "Property" in accordance .with the following special conditions: "` --~! u 7.1 Dedicate sufficient additional right-of--way to total 60-feet from sec~tioxt~-line of Fairview Avenue abutting the entire site. The right-of- way sltakl be dedicated by means of recordation of a final subdivision plat or execution of a~warranty deed prior to issuance of any. Certificate of Occupancy. , 7.2 Dedaeate 75-feet of right-of-way (3$-feet front the centerline) for Records Drive from kairview Avenue to a point 300-feet south.of , Fairview Avenue and b0-feet of right-of--way (30-feet tront;centerline} for Rernrds Drive from that point to the south boundary of the parcel by means; of recordation of a final subdivision plat, or execution of a warranty deed, to Ada County Highway District prior to issuance of a any C',ertificate of Occ~pancy._ 7.3 Construct a 5-foot wide concrete sidewalk on FairviCw Avenue abutting "Property I" and "Property 2" (approximately 822-feet total} prior to issuance of any Certificate of Occupancy. The construction plans for the development of any portion ~of "Property l" or nProperty 2" showing:-the sidewalk must be approved prior to issuance of a building permit for the respective portion of "Property I " or "1'rvperty 2" 7.4 Prior to Qpening any business on any portion of "Property I" or "Property 2", cnnstru~~ pavement widening on Fairview Avenue adjacent the property upon which such store will open to add one eastbotutd lane from Records Drive to the east property line of such Property. ~ , DEVELOPIVIENT AGREEMENT - (AZ-y'J-012 :tnd RZ-99-0pn - 6 r ! 7.5 Construct a maximum of three driveways vn Fairview Avenue a minimum of 440-feet for a full access driveway and 220-feet for a ; right-in/right-out driveway from any public street intersection and 220-feet from all existing or proposed driveways. The maximum driveway width will be 40-feet with a minimum storage length of 100-feet. Install a 36" by 3b" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct.pavement tapers with 1 S-foot radii. Coordinate the design, storage length and location of any proposed driveways with Ada County °I-Iighway District staff. 7.b Construct Records 1Jrive as a 65-foot street section (with curb, gutter and 5-Coot wide Concrete sidewalk) from Fairview Avenue to a point 300-feet south of Fairview .A.venue. Records Drive shall be located approximately 2,100-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and oxte northbound throughlright-turn lane. Two southbound lanes are needed from Fairview ,A.venue to a point 300-feet south of Fairview. .Dedicate suffident right-of-way for the noted improvements. 7.7 Construct a traffic signal at the: Fairview.AvenuelRecords Drive intersection. Provide and install an OptiCOm device for emergency vehicle pre-emption of the signal to the satisfaction of ACRD and the Meridian Fire Ucpartment. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACID specifications_ The signal should be designed to allow the future canstruction of dual left-turn lanes on Fairview Avenue. The applicant will be responsible for'the cmtire cost of the signal- installation. Submit the signal design to District staff for approval prior to construction. G7.8 A maximum of three driveways. are approved on Records Drive. The driveways shall be located a minimum of 17S-feet south of Fairview Avenue and aligned or offset 150-fett from all existing or proposed driveways. The driveways shall be rnnstrvcteci as 24 to $0-foot curb rettun driveway with 15-foot curb radii. The minimum storage length shall be 50-feet. Install a '36" by 36" high intensity STOI' sign at the driveway's intersection with X'yresidential Drive. DEVELOPMENT AGREEMENT - (AZ-9H-012 and 1tZ-99-U0~ - 7 t~ 7.9 Other than the access points spedfically approved with this application, direct lot or parcel access to Records Drive or paiiview Avenue.. is prohibited. 7. I 0 Applicant shall submit a revised legal description to meet all of the criteria mqui~red by Meridian City Resolution 1 S8, and the Idaho State Tax Commission fox the rezone. 7.1 I Applicant shall prepare and submit a subdivision plat for any splitting of property. 7.12 Applicant shall satisfy all tine code requirements including those pertaining to water florrv and fire hydrants. 8. COMPLIANCE PERIOD/ CONSENT T'O REZONE: This Agreement and the commitments contained her~~n shall be terminated, and the zoning designation reversed, upon. a default of the `Developer/Owner I/Owner 2" or "Developer/Owner 1/Owner 2"'s heirs, successors, assigns, to comply with Sections 5 and 7 entitled "Conditions Governing Development of subject °`1roperty" of this agreement within two (2) years of tltr. date this Agreement is effective, and after the `City" has complied with the notice and hearing procedures as outlined in I.C_ § 67-6509, or any subsequent amendments or reoodifications thereof. 9. CONSENT.` T`O DE-ANNEXA'T'ION AND REVERSAL OF ZONING DESIGNATION: M "Developer/Owner i/Owner 2" consents upon default. to .the de-annexation ~•- and/or a reversal of the zoning designation of the "Property" to which the default applies subject to and conditioned upon the following conditions precedent to-wit: 9. I That the "City" provide written notice of any failure to comply with this Agreement to `Developer/Owner t/Owner 2" and if .the "Developer/Owner I/Owner 2° fails to cure such failure within six (6) months of such notice. 10. INSPECTION: "Developer/Owner 1/Owner 2~ shall, imntediatGly upon. completion of any portion or the entirety of said development of the "I'ropety" as required by this agreement or by City ordinance or policy, notify the City DE VEL.OPMENT AGREEMENT - (AZ-99-012 and RZ-99-00 - tl Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Developrzzent Agreement and alI other ordinances of the "City" that apply to said Development. 11. I)E)EAULT: 1 1.1 In the event "Developer/Owner 1/Owner 2", "Developer/Ownex I/ Owner 2"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the . "Property", this Agrrentent may be. modified or terminated with respect to the "Property" which is in default by the "City" upon compliance with the rNquirements of the Zoning Ordinance. 11.2 ~ A waiver by "City" of any default by "Developers/Owner 1/Owner 2" of any one or more of the covenants or conditions hereof shah apply solely to the breach and breaches waived and shall not bar any other rights or remedies o£ "City" or apply to natty subsequent breach of any such ar other covenants and conditions. 12'. REQUIREMENT FOR RECO1~tDATION: "City" shall record either a memorandum of this Agreement ort this Agreement, including all of the Eychibits, at "Developer/Owner I/Owner 2"'s°cost, and submit proof of such recording to "Developer/Owner 1/Owner 2", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. if for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "Cityn shall execute and record an appropriate instrurt~ent'of release of this Agreement. I 3. ZONING: "City" shall, following recordation of the duly approved Agreement, eYtact a valid and binding ordinanc5e zoning the "Property" as specified herein. 14. REMEDIES:: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer/Owner 1/Owner 2", or by DF.VLLC)P2uIL'NT AGREEMENT - (AZ-99-0I2 and RZ-99-t10'T) - 9 any successor or successors in title or by the assigns of the parties hereto.:: Enforcement may be sought by an appropriate action at law or in equity to secure the specific perforrrtanee of the covenants, agreements, conditions, and obligations contained herein. . 14.1 Xn the event of a matexial breach of this Agreement, the parties agree that "City" and "Developer/Owner' :I/Owner 2" shall have thirty (30} days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the carne within such thirty. {30) day period and-thereafter shall proserut~ the curing of same with diligence anducontinuity, then the time allowed to cure such failure may be'extended for such period as may be necessary to complete the cluing of the same with diligence and continuity. 14.2 In the -event the perforniance of any covenant to be performed hereunder by eithex "17eveloperJOwner 1/Owner 2A or "City" is delayed for causes which aze beyond the reasonable control of the party responsible for such perfornnance, 'which shall include, without lixxtitation, acts of civil disobedience, .strikes or similar causes, the time for such perforniance shall be extended by the ~znount o£ time of such delay. 1.5. SURET~C O1G PERFORMANCE: The "City" may also regture surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Codc § 12-5-3, to insure that installation of t,}1e itttprovesttents required in section 7 of tluis agreement, which the "OeveloperlOwner 1/Owner 2n agrees t.o provide, if required by the "Cityn. 1 b. CERTYFTCATE OF OCCUPANCY: The "DeveloperJOwner 1/Owner Zn agrees that no Certifrcates of Occupancy will be issued anti[ all improvements required in section 7 of this- agreement are completed, unless the "City" and "Developer/C?wner 1/Owner 2" have entered into an addendum agreement stating when the iniprwements required in section 7 of this agreement. will be completed in a phased development; and in any event, no Certificates of Occupancy shall be DEVEL.()PMENT AGI~MENT - (AZ-99-0I2 and RZ-99-0on -10 issued in any'phase in which the improvements required in section 7 of this agreement have not been installed, completed, and accepted by the "City". 1~7. ~ ABIDE BY AY.L C)(T"Y ORDINANCES: ~-That "Deve]oper/Owner 1/Ownc~ 2n agrees to abide by ali ordinances of the City of Meridian and "Property 1 " .and/or "PropertyF2°Fas the case ~onay~be shall be subject to de-annexation if the owner or his assigns, heirs, or succ~.ssors shall not melt the conditions contained iti the Findings of Fact and Conclusions of Y,aw, this Development Agreement, and the Ordinances of the City of Meridian. 18. NOTICES: Any notire desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: GTT-y DEVELOPER: ' c/o City Engineer ~ Developers Diversified Realty Corporation. City of Meridian 3300 Enterprise Pazkway 33 E. Idaho Ave. Beachwood, Ohio 44122 Meridian, ID 83642 ATY'N: Eric M. Mallory GO Dakota Company, Inc_ with copy to: 380 E. Pazkcenter Blvd., Suite 100 Boise, Idaho 83706 , ATTN: Larry Durkin city clerk City of Meridian OWNERS: . 33 E. Idaho Ave. ~ ` Meridian, ID 83642 "Property 1" "Terrace Lawn Memorial Gardens, Inc. (200 N. Cloverdale Road Boise, Ydaho DEVELpPTdFIVT, AGkELMEtYI' - (AZ-99112 and RZ-99-O0'~ - 11 ,, - cJo Developers Diversified Realty .Corporation, 3300 H.nte~rise Parkway, ' Beachwood, Ohio 44122_ ~~ _ "Property 2" ., Hermes Associates, LTD, a Utah Limited - ~;,. Partnership . a~ ~ do Developers Diversified !fealty Corporation, 3300 Enterprise pazlcvray, Beachwood, Ohio 44122 ~, 1'8.1 `A patty shall have the right to change its address by deliverin~to the otltex-party a written notification thereof in accordance v~nth requirements of this section. . 19. AT'T'ORNEY FEES: Should any. litigation be commenced between the parties hereto concerning this Agreezztent, the prevailing~party shall be ez-titied, in a~iditipn to any other relief as may be granted, to court costs and `reasonable attorney's feex as determined by a Court of competent j~uisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,'terminatiott or forfeiture of this Agreement. 20. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision heneoE, and that the failure to timely perform any,of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other .Party so failing to perform. - 2 i . BINDING ~U'I'4N SUCCESSORS: This Agreement shall be binding upon and inure to the be~iefit' of the parties' respective heirs, successors, ,assigns and personal representatives, including "City"'s corporate authorities and their successor in office. '!'his Agreement sha11 b~` binding on the ownex of the "property", each subsequent owner-and any other person acquiring an interest in the "Property".. Nothing herein shall ist any way pzevent sale or alienation of the "Property", or portions thereof,.except that any sale or alie shall b ~1 h subject to the provisions hereof and any successor owner or owners benefitted and boucid by the conditions and restrictions herein expressed. "City" Di~VEI.OPM1rNT AG1tLEiu~N'T - (AZ-99-012 and RZ-99-W~ - 12 J ,e'~ agrees, upon written request of "Developer/Owxter 1JaR'ner 2", to execute appropriate and recordable evidence of termination of this Agreement if "City", 1n its sole and reasonable discretion, h1d determined that "Developer/owner l/ Owner 2" has fully performed its obligations under this Agreement. 22_ XNVALID PROVISIQN: Xf any provision of this Agreement is held not valid by a court of competent jurisdiction, such.ptovision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the r other provisions contained herein. 23. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, c~onditian and understandings between "Developer/Owner 1/Owner 2"-and "City" relative to the subject matter hereof, ,, and there one no promises, agreements, conditions or understanding, either oral or~ written, express or implied, .between "Developer/Owner `1%Owner 2" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change, addendum or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing avid signed by them. or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinances or resolution of "City". 23.1 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 City Council after tlir. ""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 except that minor modification(s) of required improvements provided for in section 7 may be approved by City Public Works and Planning and Zoning Staff, if such changes are required or preferred by Ada. County Highway District Staff. 24. EFFECTIVE IaATE OF AGREEMENT: This Agreement shall lie effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with~the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEYEI.oPMENT AGREEMENT - (AZ-99-{112 and RZ-99-00'1) - 13 F t • ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. ATTEST: ~- Joan U. Allgood, Secret DEVELOPERS DIVERSIFIED REALTY CORPORATION, an Ohio corporation Developer By: ~,~X- - Daniel B. Hur 'tz (Print Name) Its: Executive Vice President "Property 1" ATTEST: l,~ Joan .Allgood, Secr ary ATTEST: Secretary DEVELOPERS DIVERSIFIED REALTY CORPORATION, an Ohio corporation Owner By: ~ _ Daniel B. Hurwit (Print Name) Its: Executive Vice President TERRACE LAWN MEMORIAL GARDENS, INC.; Owner / '` By: L--- Timothy T. ibson, President "Property 2" HERMES ASSOCIATES, LTD. a Utah limited partnership By DDR Family Centers LP Its General Partner By DDR DownREIT LLC Its General Partner By Developers Diversified Realty . Corporation, its Managing Member O ~ By: ~~ _ Daniel B. Hurwitz (Print Name) Its: Executive .Vice President DEVELOPMENT AGREEMENT - (AZ-99-012 and RZ-99-007) - 14 ~~ ATTEST: Cl'IY OF MERIDIAN o BY: YO ROBERT D. CORRIE Attest: - ,.~~.~`'~~~pF tR~tE~~~; ~''~.. r CITY'CLERK $~~~ 9 ~~ BY RESOLUTION NO. ~~ Z %3'~j ~~'T ts~t • 1 .~ ;~ ~ , r,, ~~ ~~ `,' f ~~tlt~ Ott+~`~~ ~\\,` ~t ~s r DEVELOPMENT AGREEMENT - (AZ-~-U12 and RZ-99(1()7) - 15 ;~ ~ a 1 .. S STATE OF OHIO ) ,i SS:. . COUNTY OF CUYAHOGA ) BEFORE ME, a Notary Public in and for said County and State, personally appeared Daniel B. Hurwitz, Executive Vice President of DEVELOPERS DIVERSIFIED REALTY CORPORATION, ~ the corporation which executed the foregoing instrument, who acknowledged that he did sign the foregoing instrument for, .and on behalf of said corporation being. thereunto duly authorized by its Board of Directors, that the same is his free act and deed as such officer and the free act and deed of said corporation. ~ _ ~, • '~~'ro ~~~` h IN TESTIMONY WHEREOF, I have hereunto set my hand and offic~lS ea'1'atl~ ~ ~• Beachwood, Ohio, this /CPS- day of I'yl~e.~ , 2000. ~vR~`~; ~ ~}t ~~-~'' va ~ l -~ ,~i /_ A.a ~" O~ .a~L ~ ~ (~ t^ • k Notary lic - -~ -- • ~ ~ ~~ ~-. Nntacy Pirb{ac,~:5'b'~e~ef~t „ 6aY ~ tyd ,_ ' ~ .~ ,_ DEVELOPMENT AGREEMENT.- (AZ-99-012 and RZ-99-007) - 16 ,.~ .. i w F f T ,STATE OF IDAHO} :ss COUNTY OF ADA ) ~ yy~ , in the year 2400, before mc, a On this day of __~L!.k-..~ __ ~..__...._ Notary Public personally aP~azed~h1d~~`yt6ibsex, knovm or identified°to me to be the on whose name is subscribed to the within instrument as~ ~ ~ i+~e~/7'AG~ ~Wh ~ ! t executed the said instrument, and acknowledged to rite that ~ he r executed the same as-seek ~ ~ ~~0~ ~~~ T ~~~ ~ 1f,0T,4 m ,rte I~ (S ~ ,~ ~.~, Mitt s '~ OF lfl A~ S'xA TE OI~ •- N blic for ld.~ ~ ~~ ComYx~xssion expires: ,, ° ) :ss COUNTY OF CUYAHOC~#. ) BEFORE ~ME, a Notary Public, in and far said County and State, personally appeared Daniel B. Hurwitz, Executive Vice President of Developers Diversified Realty Corporation, Managing Member of DDR DownREIT LLC> Gene-ral Partner of D17R Family Centers LP, the General Partner of Hennes Assoc:Sates, Ltd., the limited partnership which ea~ecLttexl the foregoing instrument, who acknowledged that he did execute the foregoing instrument on behalf of said corporation and the saxre is .his free and voluntary act. anddeed as Executive Vice President of Developers ~` Diversified Realty Corporation, Managing Member of DDR DownREl:"I' LLC, General Partner of DDR Family Centers LP, General Partner of said limited partnership artd is the free act and deed. of said limited partnership for the uses and purposes therein set forth. ~ ~ . . ' ~~ IN WITNESS WHEREOF, I have hereunto set my hand and ofBiiial'se~lat :,, ~', ' Beachwood, Ohio, this /G~day of ~-~~- ~ Z~~ ~\~' ~~ ~ E. Notary Pu~'.<ic!~~~; ~1J . -, ~ ~ ,. . D~YELAPT~NTAGR$E1V~N'T-(AZ-99-012:utdRZ-99-W"1}-17 ELIZABETI-~ ~,.~~~~'^~~~ Notary Public, Stata'of (,`tno,,Cu~'a. C~y,,. .. _? My Commission Expires Mac. ~8,`2~3 ' ~ ~~ (SEAL) Notary Public :STATE OF IDAi-i0 ) ss ~ w County of Ada ) A On this I S~ day of ~_~~ ~ , in the year 2000, before me, a Notary Public, personally appeared Robert D. Come and William G. Berg,-know or identified to me to be the Mayor and. Clerk, respectively,.. of the City of Meridian, who executed the instniment or the person that executed the instrument of behalf of said City, surd acknowledged to me that such City executed-the same. 4~, sy ~ t„\ W' ~ ~~ N (SEAL) ;C°' ; ,~fo blic for Idaho ,, , • G ; d~ommission expires: C(,2~, Q O sj,,1°CIAL1., ~~,~~,,p,; -' ~`.oTE OF ~;:°4 •~~s~a• snsg/L\Wi~c1M~Me:idian t5i(~t1M~Ckvelopea Devecaifµ~d~(hvtk~yiAgs f b~VELOI'MENT AGR~ENiLNT - (A2-99-0 t2 and RZ-~9-0OT} - 1$ EXHIBIT A, A7.-99-012 } ; , r DEVELOPMENT AGREEMENT - (AZ-~-~12 and RZ-99-(l0~ - I9 u HUBSLE ENGINEERING, INC. 9550 Bethe! Court ^ t3oise, Idaho 83709 ~: 208/322,8992 ^ Fax 208137g..a32o Project No. 9904000 ~ April 30, 1999 DESCRIPTION FOR FAMILY CENTERS AT MERIDIAN ADDITIONAL PROPERTY • . ANNEXATION A parcel of~land located in the NW1/4 of the NE1/4 of Section 9, T.3N., R1E., B.M., Ada County, Idaho, more particularly,described as follows: Beginning at the N1/4 comer of said Section 9 from. which the NE comer of said Section 9 bears South 89°22'32" East, 2659.01 feet~ thence along said section line South 89'22'10' East, 708.49 feet; thence leaving- said section line South 00'37'28° West, 47.09 feet to a point on the South right-of--way Gne of Fairview Ave. (US Highway 30); . thence (eaving said South right-of--way line South 14°59'32" West, 276.87 feet; thence South 00°48'14" West, 554.06 feet; thence North 89°35'24" West, 640.79 feet to a point on the North~outh centerline of said Section 9; thence along said North~outh center line North 00°48'14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or Tess. Prepared by: _ RUBBLE ENGINEERING, INC. .. _ ~,a1. I.. BY O / ~ JUL 2 Z 1999 Q! ~ ~ ~ ~ f~RDIIU{ Pt18(.!C WQftKS pEtT. sl ~~~~~~ . ~, c_.~ GGC/vw/familycentersMerid-annex ° Gregory G: Carter, P.LS. i EXHIBIT "A" ,. 9 ~~ t. 4 EX~ BIT ~!"- ~ A~-99-012 L~~at~ e'~-riP~t9n Of Pro~rtv i ~~~e1 1 a-nd Parcel DEVF.LOPMEN'I' AGRE1rMENT - (AZ-99-012 and RZ-99-UO'~ , 20 MAIZ-IS-00 16=31 FROM=DEVELOPERS DIVERSIF[ED [D=2162471116 PACE q/6 . ~fUBBLR E[~G1I~I~ER[NG, INC. ~ 9650 Bethel Coclrt • Boise, Idaho 63709 2081322992 . Fax 2081378.0929 ~F RS, s~ ~~r ^s.. Project No. 0003700 February 2, 2000 Revised February 25, 2000 G[BSON PARCEL PROPERTY DESCRIPT[ON A parse( of (and focabed irl the NW1l4 of the NE1l4 of Section 9, T.3N., R.1 E., B.M., Ada County. Idaho, .as shown on Record of •Survey No. 1283, filed for record in the office of the Ads County Recorder, Bolse. [daho, and more`partaculariy described as follows: Commenting at an iron pin marking the North 1!4 comet of said Section 9; thence along the centerline of said Section 9 South 00'x8'14" West, 49.74 feet to the South right-of-way life of Fairview Avenue, said point being tfie REAL POINT OF BEG[NN1NG; thence along said South right-of~nray line South 89'35'24" East. (fomerly South 89°35'00" East) 432.45 feet; thence leaving said South right-of-way line South 00°~2'd8" West, 503.18 feet; thence North 89°35'24° West, (formerly North 89°35'00" West) 433.25 •feet to . ~ said centerline of Section 9; thence along said centerline North 00°48'14 East, 503.19 feet to the Point of Beginning. Contains 5.000 acres, more Of IeSS. ~ n Prepared by. NUBBLE ENGINEERING, INC. Todd R. Waite, P.L.S. J~WEI1tD~SurveytProJects\TG3ALTA119911.egal0e5Cr1pcionslTRW~bson-Par.doc t ¢1'i ' ea/29/1999 09:59 208~6g6 rte-`-YS ~_~D ~~Y P'~ 02 r,; ~, TEALEY'S LAND at5 west JeKerson Street - Bose. Nano 83702 - SURVEYING (208) 385-0636 Fax (208) 385-0696 _- ~ ' . 4 . }' i ~ i c ~. rg §. Project. No.: 1882 ' Date: Apri129, 1999 ~ - ' DESCRIPTION FOR - ~ ~. `~ ~' ~ ~" ~~TIM GIBSON - pARCE)<. 2 riion of the Nom' 1/4 of the NE i/4 of Section 9, T.3N., A parcel of land bc'tng a po R.1 E., B.M•, Ada County, Idaho, and more particularly described°as follows: Commencing at tin icon pin marking the North 1!4 corner of said Section 9; thence .along the centerline of said Section 9 ~' South 00°48'35" west, formerly South 00°48' 14" y"west, 49.74 feet to a-brass cap on the South right-of-way line of Fair~~iew A~~enuc; theaicc -along said South right-of-way line } : 5 t. ~. South 89°35'00" East 432:5 feet to an. iron pin` marking the FOINT~ OF BEGINMNG; thcnc:e continuing. South 89°35'00" Fast-.276.21 feet to a point; thence leaving said South right-of- ~ray line • - `'~ South l 5°00'.00" Wcst 276.88 feet to a point; thence` t *.R South 00°48'35" West 554.06 teet to a point; thence North 89°35'00"~ West 640.79 feet to a point oi~ said ccntcrlinc of Section 9; thence along said centerline ~ .~ .- • North 00°48'35" East 318.83' feet to an iron pin; thence leaving said centerline South 89°35'00" East 433.30 Ccct to an iron pin; thence North 00°42'46" East 503.1.'8_ feet to the POINT OF BEGINNING, a ,,. w -- Said parccl~of.land contains 7.30 acres, more or less. 4 c ~ A ivn ~ ~4S~t 1rRIC1C ti t i a`~~~ § ~ 'a'y d S C W, a<.~wa•.:A~wl~L~tIt1J•J.1...4.t . jA< ~. EXHIBIT B R7-~9-007 gal Desarintion Of Prov~rty 2 r DEVELOPMENT AGRSEIN~NT - (AZ-'/9-0iZ end RZ-~7y-00~ - 2 ! ~G~NEF,9 •. `~~ HUE~LE ENGINEERING,-INC.. L " ~ ~ 9550 Bethel C i ourt ., Bose, Idaho 83709 208/322-8992 . Fax 208/378-0329 ~'9S• Sv~ Project No. 9925000 January 12, 2000 .` RECORDS EAST SUBDIVISION REZONE DESCRIPTION FOR WESTERLY PARCEL A parcel of land located in the NE1/4 of the NW1/4 of Section 9, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing atthe comer common to Sections 4, 5, 8 and the said Section 9; thence South 89°22'10" East, 2659.63 feet along the North line of said NW1/4 of Section 9 to the`1/4 corner common to said Sections 4 and 9 and the REAL POINT OF BEGINNING; thence along the North-South mid-section line of said Section 9 South 0°48'14" West 880.85 feet to ttie northeast corner of Crossroads Subdivision No. 6, as filed in Book 76 of Plats at Page 7941 thru 7942, records of Ada County, Idaho; "thence North 89°35'32" West, 596.17 feet along the North. line of said Crossroads Subdivision No. 6, to a point on the centerline of N. Records Ave.; thence along said centerline the following three courses: 72.61 feet along a curve to the left, said curve having a radius°of 203.61 feet, a central angle of 20°25'57" and a long chord bearing North 14°11'46" West, 72.23 feet to the beginning of a .reverse curve to the right; thence 72.37 feet along said curve to the right, said curve having a radius of 171.75 feet, a central angle~of 24°08'33" and a long chord bearing North` 12'16'20",West, 71.83 feet; " thence North 00°25'00" East, 743.33 feet to the intersection with the North line of said NW1/4 of Section 9; " thence South 89°22'10" East, 636.12 'feet along said North line to the ,Real Point of Beginning. Containing 12.77 acres (556,187 square feet) more or less. Prepared by: ' NUBBLE ENGINEERING, INC. ~, , J/MeridianCrossroads2/PJS/vw/RecordsEast-Rezone Patrick J. Scheffler, P.L.S. E, EXHYBIT C ®Z-99-O12 r~~~~n~~ ~F ~ac~ and Cpnzjusions Qf ~~w/conditions of t~~~1-~1 - -~-- _ t t DEVELOPMENT AGRE$M~N'T - (AZr99-012 ,tnd RZ-99-UU7) - 22 i nA E -_J Revised 11-15-99 BEFORE THE MERIDIAN CITY COUNCIL IN THE i'~IATTER`OF THE APPLICATION °OF'DEVELOPER DIVERSIFIED REALTY CORP., ~, THE APPLICATION FOR ANNEXATION AND ZONING OF 13.09.ACRES FOR EXPANSION OF FAMILY CENTER-AND CROSSROADS MALL, 4000 E. FAIRVIEW AVE., MERIDIAN, IDAHO ;' Case No. AZ-99-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on November 3, T-999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Larry Durkin from Developers Diversified Realty Corp., and no one appeared in opposition, .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 ZONINGIDEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 i • zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for November 3, xl 999, -before the- City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external bouridaries 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 orie 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 November 3, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing sexvices 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 §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and ' development ordinances codified at Title 11, Municipal Code of the City of Meridian, 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 .AND DECISION A.1~1D ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 . and maps and the ordinance Establishing the Impact Area°Boundary. 4. The property is appro;cimately.l3.09 acres in size: The property~is located at'4000 E. Fairview Ave., Meridian, Idaho, and described as follows: A parcel of land located in the NW1/4 of the NE 1/4 of Section 9, T. 3N., R. , 1 E., B.M., Ada County, Idaho, more particularly described as follows: ~, Beginning at the N 1/4 corner of said Section 9 from which the NE corner of said Section 9 bears°'South~ 89°22'32" East~2659.01 feet; thence along said section line. South~89°22'10" East, 708.49 feet; `thence.leaving said sectionPline South 00°37'28" West, 47.09 feet to a point on the South right-of-way line of Fairview Ave. (US Highway 30); ... b y thence leaving said South right-of-way line South 14°59'32" West, 276.87 feet; 4 thence South 00°48' 14" West, 554.06 feet; thence North 89°35'24" West, 640.79 feet to a point on the North-South ~ °'. centerline of said Section 9; } thence along said North-South center line North 00°48' 14" East, 871.76 feet to the Real Point of Beginning, containing 13.09 acres, more or less. . , 5. The owner of record of the subject property is Terrace Lawn Memorial Gardens,. Daniel and Carolyn Gibson of 19500 Hwy. 20/26, Caldwell, Idaho. 6. Applicant is Developers Diversified Realty Corp., of 3300 Enterprise Parkway, Beechwood, Ohio. ~~ .~ ~~ , ' 7. The property is presently zoned by Ada County as `Rural Transitional (R-T), and consists of a sod farm and cemetery. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3P AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION--'AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 ~. ~., r 8. z The real property which is the subject of this application will be joined and developed with the real property, which is'the subject of a companion application in action "In the Matter of the Request for Rezone of approximately 1 lt4 .acres for Expansion of Meridian Family Center/Crossroads Mall". 9. The Applicant requested the property be zoned as Meridian Community Business District (CC), Section 11-2-408,B (9) of the Revised and Compiled Ordinances of the City of Meridian. 10. The proposed site of the subject property is located east of Records drive, south of Fairview Ave: 11. The subject property is bordered to the east and south by Ada County Rural Transitional, to the southwest by Meridian ,Single ;Family Residential and to k the west by Meridian Community Business District, to the north by Ada County Rural transitional and city limits of the City of Meridian are adjacent and abut to the west and southwest of the subject property. 12. The property which is.the subject of this application is within the Area of Impact of the City of Meridian. 13. 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. 14. The Applicant proposes to develop the subject property in the following FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 • manner: construction anddevelopment of a commercial shopping center. 15. The Applicant requests zoning of the subject real property as Community Business (CC) which is consistent with the Meridian Comprehensive Plan .Generalized Land Use Map which designates the subject property. as Commercial by reason of a companion application of the Applicant. , 16. There are no significant or scenic features of major importance that affect the consideration of this application. " f 17. Giving due consideration to the comment received from the . governmental subdivisions providing services. in the City of Meridian planning S jurisdiction, public facilities and services required by the proposed development will Y not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Ada County Highway District as follows: 17.1 Dedicate sufficient additional 'right-of-way to total 60-feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate. of Occupancy. x. 17.2 °Dedicate 76-feet of right-of-way (38-feet from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of-wav (30-feet from .centerline) for Records. Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision platwor execution of a ,, warranty deed prior to issuance of a any Certificate of Occupancy. FINDINGS OF FACT Ait D CONCLUSIONS OF LAti`~' -Page ~- ' . AND DECISION At'~1D ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 . 17.3 Construct a S-foot wide concrete sidewalk on Fairview'Avenue abutting the site (approximately 822-feet. total) prior to issuance of any Certificate of Occupancy. The construction plans for the development sho`~~ing the,sidewallc must be approved prior to issuance of a building permit. 17.4 Prior to opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the Y east property line. 17.5 Construct a ma.~cimum of three driveways on Fairview Avenue a minimum of 440-feet for a full access driveway and 220-feet for a'right- in/right-out driveway from any public street intersection and 220-feet from all existing or proposed driveways. The ma,~cimum driveway width will be 40-feet with a minimum storage length of I00-feet. Install a'36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. Coordinate the design, storage length and location of any proposed driveways with District staff. 17.6 Construct Record's Drive as a 65-foot street section (with curb, gutter and 5-foot wide concrete sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive shall`be located approximately 2,100-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point 300-feet south of Fairview. Dedicate sufficient right-of-~vay for the, noted improvements. 17.7 Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACRD specifications. The signal should~be designed to allow the future construction of dual left-turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit ,A the signal design to District staff for approval prior to construction. ~- FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING~APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 . • ! 17.8 A ma~cimum of three driveways are approved on ^Records Drive. The ,driveways shall be located a minimum of 175-feet south of Fairview Avenue and aligned or offset 150-feet from all existing or proposed driveways. The driveways shall be constructed as 24 to 30-foot curb return driveway with 15-foot curb radii.. The minimum storage length shall be .50-feet. Install a 36" by 36" high intensity STOP. sign at the ' driveway's intersection with Presidential Drive. 17.9 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is .prohibited.. 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. I7, 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. 19. It is found that the development considerations which 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 4 l 21. 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: 21.1 Commercial and retail areas are established along the Fairview Avenue corridor. Section #4 of the Comprehensive Plan -Commercial Activity Centers, states -The location of Community Shopping Centers should be guided by performance and 'development standards which consider that Commercial Activity Centers be located in proximity to other commercial developments and minimize impacts upon other adjacent areas. 21.2 The Commercial Policies Section states -Community Shopping Centers wily be encouraged to locate at arterial intersections and near high-traffic intensity areas. 22. 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 FINDINGS OF FACT AND CONCLUSIONSy OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99=012 . ~. x glare and 'odors, and can best be handled by requiring as a condition of development °- and use on said parcel that all development and use on and of the subject real property will be subject to a conditional use permit process. 20. The proposed development will serve existing and growing needs and . will provide services to surrounding institutional, commercial and residential ~. development. ~~ l~ boundaries. and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 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. _-~ 1 , ~. 2. The Council may take judicial 'notice of government ordinances, and policies, and of actual conditions e~cisting 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. b29, 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: 4.1 Commercial and retail areas are established along the Fairview Avenue corridor. Section` #4 of the Comprehensive Plan -Commercial Activity Centers, states -The location of Community Shopping Centers should be guided by performance :and development standards which consider that Commercial Activity Centers be located. in proximity to other commercial developments and minimize impacts upon other adjacent areas. 4.2 The Commercial Policies Section states -Community Shopping Centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. 5. The requested zoning of Meridian Community Business District (CC), FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 • r is defined in the Zoning Ordinance at 11-2-408 B 9 of the Revised and Compiled - ~~ Ordinances of the City of Meridian, as follows: ' ~. (C=C) Community Business District: The purpose of the (C-C) District is to,p'ermit the establishment of general business uses that are of a larger scale. than a neigYiborhood business, and to encourage the development of modern shopping centers with, adequate off-street parking facilities, and associated .site amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts,, shall have - direct access to a transportation arterial and "collector and be connected to the Municipal Water and Sewer systems of~the City of Meridian. 6. Since the annexation and zoning of land is a legislative function, the a 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). 7. 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 1-1-9-616 which pertains to development time schedules andarequirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 8. The development of the property shall be subject to and controlled by the~Zoning and Subdivision and Development Ordinance of the City of Meridian. 9. Section 11A-2417 D 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 FINDINGS OF FACT AND CONCLUSIONS OF LA~V -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION. AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 ~. condition of the zoning, that an owner or developer malce 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. , 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 ' 13.09 acres to Community Business District Zone (C-C) is granted subject to the terms and conditions of this Order hereinafter stated. - 2. The application is for annexation and zoning of 13.09 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. ` - , 15..8. The legal. description foi•tarinexation must place this parcel contiguous to the ~. Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement, and such Development Agreement-shall also include and contain the conditions of and for the real property ; which is the subject of the rezoning application Case No. RZ-99-007, that provides in the event the conditions therein are not met by the Owrter/Developer that the _. FINDINGS OF FACT AND CONCLUSIONS OF I:AW -Page 1 I AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE,NO. AZ-99-012 ~~' `.- property shall be subject to rezone and/or de-annexation, with the City of Meridian, e which provides for the following conditions of use and. development- to-wit: , i k4 Conditions of Use:' ~ ~ ~ ,~ ,- ,, 17. I All development and uses for and of the proposed development shall be developed under the conditional use permit process as a planned ,. development. Conditions of Development: `, - . 9 x 4 x " ~ * ~ a a 17.2 Dedicate sufficient additional right-of-way to total 60-feet, from section line of Fairview Avenue abutting the entire site. The right-of,way shall be dedicated by means of recordation of a.final subdivision plat or .execution of a warranty deed prior to issuance of any Certificate of `Occupancy. ~ - . 9 17.3 Dedicate ;76-feet of right-of=way (38=feet.from the centerline) for Records Drive from Fairview Avenue to a point 300-feet south of Fairview Aven~ie and 60-feet of right-of-way (30-feet from centerline) for Records Drive from that point 't6 the south~boundary of the parcel by means of recordation of~a final subdivision plat or~execution, of a t ;. warranty deed prior to issuance ~of a any Certificate of Occupancy;. 17.4 Construct a_S-foot wide concrete sidewalk on Fairview Avenue abutting the ste`(approximately 822-feet total) prior.to issuance of anv „~ Cerfificat`e~of Occupancy.'The"construction plans for the development _. showing the sidewallc"must be approved prior to,issuance of a,building permit. - ~ , - ~ , x , 17.5, Prior to;opening of the development, construct pavement widening on Fairview Avenue to add one eastbound lane from Records Drive to the east property line. ~~ a 17.6 Construct a ma,~cimum''of three drivetivays on •Fairview Avemte a .,. minimum of 440-feet for a full access driveway and 220-feet fora right- , in/right-out driveway from any public'street intersection and 220-feet from all existing or proposed driveways. The maximum driveway width .,~ _ G ~, 3k FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 At~1D DECISION,AND ORDER GRANTING APPLICATION FOR ANNEXATION. AND ZONING%DEVELOPERS DIVERSIFIED ro CASE NO. AZ-99 012 r will be 40-feet with a minimum storage length of 100-feet. lnstall a 36" by 36" high intensity-STOP~ sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 15-foot radii. Coordinate the design, storage length and location of any proposed .driveways with District staff. 17.7` Construct Records Drive as a 65-foot street section (with curb, butter and 5-foot wide concrete sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive shall be located approximately 2,100-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed -from Fairview Avenue to a point 300-feet south of Fairview. Dedicate sufficient right-of-way for the noted improvements. 17.8 Construct a traffic signal at the Fairview Avenue/Records Drive ' intersection. Provide and install an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACRD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD'or'be demonstrated to meet ACRD specifications. The signal should be designed to allow the future_ construction of dual left-turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District staff for approval prior to construction. ,. 17.9 A maximum of three driveways are approved-on Records Drive. The driveways shall be located a minimum of 175-feet south of Fairview Avenue and aligned or offset 150-feet from all e,~cisting or proposed driveways. The driveways shall be constructed as 24 to 30-foot curb return driveway with 15-foot curb radii. The minimum storage length shall be 50-feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 17.10 Other than the access points specifically approved.with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 17.11 Applicant shall submit a revised legal description to meet all of the criteria required by Meridian City Resolution 158, and the Idaho State FINDINGS' OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 Ta.~c Commission for the rezone. 17.12 Applicant shall prepare and submit a subdivision plat for any splitting of property. .~ ~- 17.13 Applicant shall satisfy all fire code requirements including~those pertaining to water flow and fire hydrants. 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-C} Community Business District (§ 11-2-408 B 9 of the Revised and Compiled- Ordinances of the City of Meridian). 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 § 11-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the annexation and zoning ordinance. w ~. . ~, ~ ` NOTICE OF FINAL ACTION ~_ a 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISIONFAND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIDEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 ~ ~ • 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 /j . ~h" day of /~~~~~.~'2- 1999. ROLL CALL COUNCILMAN RON ANDERSON VOTED ~' a COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD COUNCILMAN CHARLIE ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~~ ~6 - MOTION: APPROV ISAPPROVED: . FINDINGS OF FACT AND CONCLUSIONS OF LAW =Page 1 S AND DECISION. AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 VOTED ~~' VOTED ~ VOTED ~~ VOTED • Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and the Cis,; Attorney. By: ~~~-.~- Dated: ~f'~,~ ~ ~~ ty Clerlc \`~~~~~~ur rt rr rrrrrr~~~/ ~~ G~ GO~~q T ='v ~'~. msg/Z:\Work\~'~I\Nteridian 15360M\Developers DiversiEied\AZFfCIs' ~ ~~ FO ~~ ~ - _ ~~.t~~ ~' 9G~~ST 1~or' rJ ~.._ FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING .APPLICATION FOR ANNE~A.TION AND ZONING/DEVELOPERS DIVERSIFIED CASE NO. AZ-99-012 • EXHi$IT D ~,~99-007 ~i~t~jLn,~~ of ~aot and Conclusions of I,.~W(CondiYaons of Annroval rt t !~~ DEVELOPMENT AGREEMENT - (AZ-99-L112 end RZ-99-OtY~ . 23 w • BEFORE THE CITY COUNCIL OF THE CITY~OF MERIDIAN I 1-I 1-99 IN THE MATTER OF THE ) Case No: RZ-99-007 REQUEST FOR REZONE OF )' APPROXIMATELY 11.4 ACRES ) FINDINGS OF FACT AND FOR EXPANSION OF .. ) CONCLUSIONS OF LAW, MERIDIAN FAMILY ) DECISION AND ORDER CEIVTER/CROSSROADS MALL ) GRANTING APPLICATION FOR REZONE DEVELOPER DIVERSIFIED ) REALTY ,CORP/DAI~OTA CU., ) Applicant. The above entitled matter on the rezoning- application of 1 1.4 acres having come on for public hearing on November 3, 1999, at the hour of, 7:30 o'clock p.m., and Council having received the report°of Shari Stiles, Planning and Zoning Administrator, and Shari Stiles, Planning and Zoning Administrator, and Larry Durkin of Developers Diversified Realty CorplDakota Company, Inc., for the Applicant, appeared and testified, and no one appeared in opposition to the request, 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 following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF`FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPJ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - t FINDINGS OF-FACT , ,. t . The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for , Noveiilber 3, 1999, before the City Council, the first publication appearing and written:.notice having been mailed to property owners or purchasers of record within three hundred (300') feet 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 November 3, 1999, 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 opponunity 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 §§ 11-2-416Fs and 11-2-417A, Municipal Code of the City of Meridian. . 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 1 1, Municipal Code of the City of , FINDINGS OF FACT AND CONCLUSIONS OF LAW , `~' AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORD/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 2 t Nteridian, and all current zoning maps thereof, and the Comprehensive Plan of tl~~ 'City of Meridian adopted December 21, 1993, Ordinance No. 629 - Januar<~ 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 1 1.4 acres in size. The property is generally located '/smile east of Eagle Road south of Fairview Avenue, in Meridian,. Idaho, and is described as follows: ~~ - A parcel of land located in the NE 1/4 of the NW 1/4 of Section 9, T. 3N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, S, 8 and the said Section 9, thence South 89°22' 10" East, 2659.63 Feet to the 1/4 corner common to said Sections 4 and 9;'thence South 0°48' 14" West, 49.74 - feet to a point on the southerly right-of-~vay of Fairview Avenue, said point being the Real Point of Beginning. Thence continuing along the north-south mid-section line South 0°48' 14" West, 831.11 feet to a point; Thence North 89°3S'32" West, 596.18- feet to a point; Thence North 0°2S'00" East, 831.11 feet to a point on the southerly , right-of-way of Fairview Avenue; Thence along said right-of-way South 89°3S'24" East, 601.79 feet to the Real Point of Beginning. Containing 11.42 acres (497,816 square feet), ., more or less. _ - S. The..real property which is the subject of this application will be t yY F " ~ joined and developed with the real propeny which is the subject of a companion FINDLNGS OF FACT AND~CONCLUSIONS OF LAW .~ ~ANDtDEGISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORD/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 3 - application in action "Iii the wtacter of the Application of Developer Diversified t Realty Corp:', the Application Eor Annexation and Zoning of 13.09 acres for Expansion of Family Center and Crossroads Mall, 4000 E. Fairview Ave., t~teridian, Idaho" [AZ-99-012]. r 6. The:.owner of record of the subject property is Developers Diversified Realty Corp., of 3300 Enterprise Parkway, Beechwood> Ohio. 7. The Applicant is the owner of record. 8. The property is presently zoned as Meridian Light Industrial (I- L), and is currently vacant. 9. The Applicant requests the property be rezoned to Community Business District (CC), defined in Section 11-2-40$ B 9 of -the Revised and Compiled ' Ordinances of the City of Meridian. 10. The proposed site is surrounded by Crossroads Subdivision to the south, Terrace Lawns Memorial Gardens to the east, agricultural land to the north and the Meridian Family Center/Meridian Crossroads Mall to the west. 11. The subject property is within city limits of.the City of Meridian. ~~ 12. 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. 13. The Applicant proposes to develop the subject property in the FINDINGS OF FACT AND CONCLUSIONS OF LAW ' -- AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4'ACRES BY DEVELOPERS DIVERSIFIED REALTY CORD/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 4 _~ . '~`~ ibi ~% Eollo~~~ing manner: continued construction,and development of the N[eridian Family Center/Meridian Crossroads Mall. 14. The Applicant's requested rezoning of the subject real property as Community Business.District (CC) is consistent with the commercial designation l T .w . ~ pending with the Meridian City,Council on amendment of the Meridian ~. .Comprehensive Plan Generalized Land Use Map which would designate the subject property as Commercial, there is a pending application for amendment to the m rehensive Plan from Sin le Famil Residential {to Commercial. If the Co p g Y a .. Comprehensive Plan change is granted, this application would be corisisfent with' the E- Comprehensive Plan Generalized Land Use Neap. 1 S. There are no significant or scenic features of major importance that affect the consideration of this application. 4 f r rezone and the ro osed development 16. The subject ,application o, . p P .. ~. , relates and is compatible to the goals and policies of the Comprehen'sive'Plan of the m. ~ , City as follows: 4 .. ~ ., , ,, ,., 16.1 Commercial-'and, retail -areas are established along the Fairview :. ,,. ~~~ Avenue coriidor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states -The location of Commu-Wiry Shopping Centers should be guided by performance and - development standards which consider that. Commercial Activity Centers be located in proximity to other commercial developments and. minimiz'ep impacts upon other adjacent areas. ,~ 16.2 The Commercial Policies Section states -Community Shopping .FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ AND ~DECISION~A,ND,O'RDER OF APPROVAL OF E . ~ REZONING OF h1.4 ACRES~BY DEVELOPERS"DIVERSIFIED REALTY CORD/ I DAKOTA~CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 5' ~ ~~ .~ tollo~~~ing planner: continued construction,and development of the iv(eridian Family ~" Center/Meridian Crossroads Mall. 14. The Applicant's requested rezoning of the subject real property as Community Business District (CC) is consistent with the commercial designation ' pending with the Meridian City Council on amendment of the Meridian Comprehensive Plan Generalized Land Use Map which would designate the subject property as Commercial, there is a pending application for amendment to the Comprehensive Plan from Single Family Residential to Commercial. If the Comprehensive Plan change is granted, this application would be consistent with the Comprehensive Plan Generalized Land Use Map. 1 S. There are no significant or scenic features of major importance ' ~ ~ chat affect the consideration of this application. 16. -The subject application for rezone and the proposed development relates and is compatible to the goals and policies of-the Comprehensive Plan of the , ` City as follows: 16.1 Commercial and retail areas are established along the Fairview - Avenue corridor. Section #4 of the Comprehensive Plan - ;, ' ~ Commercial Activity Centers, states -The location of Commu-Wiry . ~ Shopping Centers should be guided by performance and development standards which consider that Commercial Activity Centers be located in proximity to other commercial developments and minimize impacts upon other adjacent areas. 16.2 The Commercial Policies Section states -Community Shopping FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF ' REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORD/ DAI<OTA CO. FOR EXPANSION OF.MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 5 , r M • ' / ~ v Centers will be encouraged to locate at arterial in~ersections and near high-traffic intensitvuareas. 17. In review of the application for rezone it is provided at Section 1 1-2-416K of the Municipal Code for the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds chat: 17.1 The area included in the zoning amendment is not intended to be rezoned in the future; 17.2 That the applicant is agreeable to a requirement chat all development of the subject real property be accomplished under the conditional use process, which is found as a reasonable condition of granting the application to be imposed by a development agreement; 17.3 The proposed use 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 chat such use will not change the essential„character of the same area, subject to the conditions of the conditional use process; 17.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; 17.5 The area will be served adequately by essential public facilities and services such as highways, streets, police aid 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; FINDINGS OF FACT AMID CONCI:USIONS OF LAW , -- AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORD/ DAKOTA CO: FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 6 - ~, 17.6- The use will not create excessive additional requirements ac public cost for public Facilities and services and will not be detrimental„ to the economic welfare of the community, subject to the conditions of rezone in conjunction with the conditions of development as required in the Development Agreement required in AZ-99-012 "In the Matter of the Application of Developer Diversified Realty Corp., the Application Eor Annexation and Zoning of 13.09 acres for Expansion of Family Center and Crossroads Mall, 1000 E. Fairview Ave., Meridian, Idaho" set Forth as Follows: 17.6.1 Dedicate sufficient additional right-of-way to total 60-Feet from section line of Fairview Avenue abutting the entire site. The right-of-way shall be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of any Certificate of Occupancy. 17.6.2 Dedicate 76-feet of right-of-~vay (38-feet from the centerline) for Records Drive Erom Fairview Avenue to a point 300-feet south of Fairview Avenue and 60-feet of right-of-way (30-Feet from centerline) for.. Records Drive from that point to the south boundary of the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a any Certificate of Occupancy. 17.6.3 Construct a S-foot wide concrete sidewalk on Fairview Avenue abutting the site (approximately 822-feet total) prior to.issuance of any Certificate of Occupancy. The construction plans Eor the development showing the sidewalk must be _ approved prior to issuance of a building permit. 17.6.4 Prior to opening of the development, construct pavement widening on Fairview Avenue co add one eastbound lane from Records Drive to the east property line. FINDINGS OF FACT AND CONCLUSIONS OF L.A.W AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORD/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 7 17.6.5 Construct a ma,~cimum of three drivewavs o-i ' Fairview Avenue a minimum of 440-feet Eor a Eull access driveway and 220-feet Eor aright-in/right-out driveway Erom any public street intersectio-~ and 220-feet from all e;cisting or proposed driveways. The ma.~cimum driveway width will be 40-feet with a iilinimum storage length of 100-Feet. Install a 36" by 36" high intensity STOP sign at the driveway's intersection with Fairview Avenue. Construct pavement tapers with 1 S-foot radii. Coordinate the design, storage length and location of any proposed drive~vavs with District staff. 17.6.6 Construct Records Drive as a 65-foot street section (with curb, gutter and S-Foot wide. concrete sidewalk) from Fairview Avenue to a point 300-feet south of Fairview Avenue. Records Drive shall be located. approximately 2,100-feet east of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound t:~rough/right-turn lane. T~vo southbound lanes are needed From- Fairview Avenue to a point 300=feet sauth of Fairview. Dedicate sufficient right-of-~vay for the noted improvements. 17:6:7 Construct a traffic signal at the Fairview Avenue/Records Drive intersection. Provide and install an Opticom device for emergency vehicle pre- emption of the signal to the satisfaction of ACHD and the Meridian Fire Department. Other materials for the traffic signal are to be purchased from ACHD or be demonstrated to meet ACHD specifications. The signal should be designed to -_ allow the future construction of dual left-turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal installation. Submit the signal design to District ` staff For approval prior to construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORD/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 3 - ~' • 1 i .6.8 A ma.~cimum of three driveways are approved on Records Drive. The driveways shall be located <~ minimum of 175-feet south of Fairview Avenue and aligned or oEfsec 1 ~0-feet from all existing or proposed driveways. The drivewavs shall be constntcted as 24 to 30-foot curb return driveway with 15-foot curb radii. The minimum. storage length shall be SO-feet. Install. a 36" by36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 17.6.9 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. ~~ 17.6.10 ,Applicant shall submit a revised legal description to emeet ail of the criteria required by Meridian City Resolution .158, and the Idaho State Tax Commission for the rezone. 17.6.1 1 Applicant shall prepare and submit a subdivision plat for any splitting of property. 17.6.12 Applicant shall satisfy all fire code requirements 'including those penaining to water flow and fire hydrants. 17.7 The proposed use will not involve a use, activity, process, material, equipment and condition of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, subject to the conditions of the conditional use process; _ ~. `17.8 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, subject to the conditions of development herein imposed as conditions of granting this application; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP1 DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (ItZ-99-007) • 9 .~ 17.9 The use will not result in the destruction, loss or damage of "~i~ a natural or scenic feature of major importance; and ~t i .1 U The proposed zoning amendment is in the best interest of -~ the City of Meridian. y 18. The legal description of the property that is the subject of this "application Eor re-zone is as Follows: A parcel of land located in the NE 1/4 of the NW 1/4 of Section 9, T. 3N., R. 1 E., B.M., Ada County, Idaho, more particularly described as Follows: Commencing at the comer common to Sections 4, S; 8 and the said Section 9, thence South 89°22' 10~" East,. 2659.63 feet to the 1/4` corner common co said Sections 4 and 9; thence South 0°48' 14" West, 49.74 feet to a point on the southerly right-of-way of Fairview Avenue; said point being the Real Point of Beginning. Thence continuing along the north-south mid-section line South 0°48' 14" West, 831.11 feet to a point; Thence North 89°35'32" West, 596.18 feet co a point; Thence North 0°25'00" East, 831.11 feet to a point on the southerly right-of-way of Fairview Avenue; Thence along said right-of-way South 89°35'24" East, 601.79 feet to the Real Point of Beginning. Containing 11.42 acres (497,816 square feet), more or less. - CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions e;cisting within the City and State. 2. The City of Meridian has exercised its authority and FINDINGS OF FACT AND CONCLUSIONS OF LAW -- AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 10 .~, 1'~ ~ 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, 1991. 3. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 3.1 Commercial and retail areas are established along the Fairview Avenue corridor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states -The location of Community e Shopping Centers should be guided by performance and development standards which consider that Commercial Activity Centers be located in proximity to other`commercial developments and minimize impacts upon other adjacent areas. 3.2 The Commercial Policies- Section states -Community Shopping Centers wily be encouraged to locate at arterial intersections and near high-traffic intensity areas. 4. The requested zoning of Community Business District, (C-C) is defined in the Zoning Ordinance at 11-2-408B(9) as follows: - (C-C) Comm'uni~y Business District: The purpose of the (C-C} District, is to permit the establishment of general business uses that are of a '~ larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street , parking facilities, and associated -site amenities to serve area residerits and employees; to prohibit strip commercial development and encou-rage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. S. ldaho Code § 67-651 1 provides and requires that the City FINDINGS` OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORD/ DAI<OTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ n CROSSROADS MALL / (RZ-99-007) - l l ~ ' 'ti ' a • 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 4. g'services,~including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 6: Idaho Code § 67-651 lA provides: h 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 provision"s governing the creation, form, recording, modification, enforcement and termination of conditional ° commitments. ° 7. The City of Meridian by the adoption of § 1 1-2-416L 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. § l~I-2-407 A 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 F with respect to. the boundaries of any of the zoning districts as shown FINDINGS OF FACT AND CONCLUSIONS OF LAW ~- AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORP1 DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS VL=~LL / (RZ-99-007) - l2 f ~~ ~ _ .~ \~ on the Official Zoning Map, the following shall apply: g.l Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams,:lakes or ocher bodies of water; the centerline shall be ,construed co be such boundary;` °~ ~~ 8.2 Where district boundaries are so indi~caced that they appro:~itnately follow the lot lines., such lot lines shall be construed to bedsaid,boundaries; ~. . .~ &.3 Where district boundaries are so indicated that they are. appro:cimate~ly,parallel to the centerlines or streecalines of~streets, . or.the centerlines or right-of-way lines of Highways, such district boundaries shall be construed as being parallel thereto and at suchx distance therefrom as' indicated on the (Official Zoning Map. f If no distance is given,"such dirriensions shall be determined by the use of the scale shown on the Official Zoning Map; and } 8.4 3_Where the boundary of a district follows a railroad line, such :~.~ rY ,. .' , .; .. ', dle of the main bounda shall be deemed to be located in" the nud tracks of said railroad line. 9. § ,I 1-2-4I6 I<of~the Municipal Code GENERAL'~STANDAR-DS APPLICABLE TO,Z-ONINGfAMENDMENTS provides iri part as follows: ,A, ~. i„ The Commission 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 answeringjthe following questions about the proposed zoning amendment: ~.,~ 9.1 ~- The new zoning will be harmonious with and in accordance with the, Comprehensive Plan. . 9.2 The area is not intended to be rezoned in the future. t .,. 9.3 The area is intended to be developed in the fashion that is allowed under the ne~v zoning. FINDINGS OF FACT AND,CONCLUSIONS OF LAw'J AND,DECISION AND: ORDER OF,APPROVAL`OF REZONING OF 11.4`ACRES BY DEVELOPERS DIVERSIFIED REALTY CORD/ DAKOTA CO.FOR EXPANSION OF MERIDIAN.FAMILY CENTER/ CR05SROADS MALL /.(RZ-99-007) - 13' ~, - ~ y~ ~u , •~ .. 9.~ There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 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 sac~le area; 3 9.6 The proposed rises will not be hazardous or disturbing to existing " or f«ture.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 facilities and services and tivill 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 reason 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 - nacural 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 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORD/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - l4 N ~k I ' DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LA~V tiVHICH ARE HEREIiV ADOPTED, the City Council does hereby Order and this does Order: The Applicant's request for rezone of appro:cimately i 1.4 acres for continued construction and development of the Meridian Family Center/Meridian Crossroads IVIaII is granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The City Attorney was directed in°Case No. AZ-99-012 to prepare a development agreement in accordance with the general form used by the City of Meridian for such agreements, with the following special terms and conditions which also relate to in this application to-wit: 2.A That the Development Agreement shall also include and contain the conditions of and for the real property which is the subject of rezoning application, Case No. RZ-99-007. Conditions of Use: 2.1 All development and uses for and of the proposed development shall be developed under the conditional use permit process as a planned development. _ Conditions of Development: 2.2 Dedicate sufficient additional right-of-way co total 60-feet from section line of Fairview Avenue abutting the entire site. The right- of-way shall be dedicated by means of recordation of a final FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORD/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) • l5 ~._ ... .,, s subdivision plat or~execution~of~a warranty deed prior to issuance of ariy Certificate of Occupancy. 2.3 Dedicate' 76-feet of right-of-way (38=feet from the centerline=-for Records Drive from Fairview Avenue to a point 3.00-feet south of Fairview Avenue and 60-feet.oE right-of-way (30-feet Eroni a centerline) for Records Drive' from chat point to the south ;- boundary of the parcel ,by means of recordation oE;a final subdivision plat or execution' of a warranty deed prior to issuance of a any Certificate of Occupancy. , f 2.4 Con"struct a 5-foot wide concrete sidewalk on Fairview•Avenue" abutting the site (approximately 822-feet total) prior to issuance of any Certificate of Occupancy. The construction plans Eor the ' development showing the sidewalk must be approved prior~to issuance of a building permit. ~~_ ~~ w, •, a 4 .. ~, .~ 2.5 'Prior to opening of the development, construct pavement ~tridening:on Fairview'Averiue to°add one°eastbound lane from =Records Drive to the'"east;propeny line. _.j ,~ 2.6 •Construct a maximum of three driveways on Fairview Avenue a minimum of 440-feet for a full access drivetivay and 220-feet For a right-in/righc-out driveway from any public street intersection and 220-feet from all existing or proposed driveways. ~Ttie -ma,~cimum driveway widthwill be 40-feet with a minimum storage length of 100-feet. Install a 36" by 36" high intensity STOP sign at the driveway's"intersection with Fairview Avenue Construct pavement tapers with-15=foot radii. Coordinate the°design, storage len`gth' and location ~of any proposed driveways with District staff. Y ~ ' w 2.7 Construct Records Drive as a 65-foot street section (with curbs gutter and S-Foot wide concrete sidewalk) from Fairview Avenue to' a point 300-feet southof Fairview Avenues Records Drive shall be located approximately 2, T 00-feet east. of Eagle Road. Widen the approach to Fairview Avenue to provide two northbound left turn lanes and one northbound through/right-turn lane. Two southbound lanes are needed from Fairview Avenue to a point FINDINGS OF FACT AND CONCLUSIONS OF -LAW AND DECISION'AND ORDER OF APPROVAL OF REZONING OF 1 I:4 ACRES BY-DEVELOPERS DIVERSIFIED`REALTY CORD/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL; (RZ-99-007) - t6 S 300-feet south 'of Fairview. Dedicate sufficient right-of-wav for ° ~ the noted improvements. 2.8 -Constrict a. traffic signal at the Fairview Avenue/Records Drive ~. intersection. Provide and instal! an Opticom device for emergency vehicle pre-emption of the signal to the satisfaction of ACRD and the Meridian Fire Department. Other materials for the traffic ' signal are to' be purchased from ACRD or be demonstrated to meet ACRD specifications. The- signal should be designed to allow `the future construction of dual left-turn lanes on Fairview Avenue. The applicant will be responsible for the entire cost of the signal` installation. Submit the signal design to District staff for approval prior to construction. 2.9 A maximum of three driveways are approved on Records Drive. The driveways shall b'e located a minimum of 17S-feet south of Fairview Avenue and aligned or offset~'1 S0-feet from all existing or proposed driveways. The driveways shall be constructed as 24 co 30-foot curb return driveway with 1 S-Foot curb radii. The minimum storage length shall be SO-feet. Install a 3b" by 36" high intensity STOP sign at the driveway's intersection with Presidential Drive. 2.10 Other than the access points specifically approved with this application, direct lot or parcel access to Records Drive or Fairview Avenue is prohibited. 2.11 Applicant shall submit a revised legal description to meet all of ,the criteria required by Meridian City Resolution 1 S8, and the Idaho State Tax Commission For the reione'. 2.12 Applicant shall prepare and submit a subdivision plat Eor any splitting of property. - 2.13 Applicant shall satisfy all fire code requirements including chose pertaining to water flow and fire hydrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION-AND ORDER OF APPROVAL OF REZONING OF I I.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORD/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - 17 a ~ ~~ f ~ ,~ 3. The City Attorney shall prepare Eor consideration by the City Council the appropriate ordinance for the re=designation of the zoning for the real property which is the subject of the appii~cation to (C-C) Community Business _, District (§ 11-2-408 B (9) of the Revised and Compiled Ordinances of the City of Meridian) which ordinance shall be considered for passage subsequent to the applicant having executed the development agreement. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Depanment shall prepare the appropriate mapping changes of the official Zoning Maps as provided in § 1 1-2-425 of the Revised and Compiled Ordinances of the City of Meridian in accordance with the provisions of the rezoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORD/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ,-99-007) • l8 ~~ :~:~.~ 'i ~ .y I' ~ ~ T ... ,. 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 being a person tivho 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, Titie 67, Idaho Code. ' By, action of the City Council "at its regular meeting held on r Y~'~'~~~~~~r _. ~~, 1999. u ROLL CALL COUNCILMAN RON ANDERSON VOTED ~ ~`~' " ; , ~ -COUNCILMAN GLENN BENTLEY VOTED_~~~- ~.,. ` - COUNCILMAN KEITH BIRD VOTED_~~°~-~ r ' COUNCILMAN CHARLIE ROUNTREE VOTED MAYOR ROBERT CORRIE (TIE. BREAKER) VOTED - DATED: l~~' l~-~~ MOTION: FINDINGS~OF FACT AND CONCLUSIONS OF LAW AND DEC?S10N AND OP,DER Cc .~,PPROVAL OF REZONING OF!1 1.4 ACRES BY DEVELOPERS D[VERSIFIED REALTY CORD/ DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CROSSROADS MALL / (RZ-99-007) - l9 = ~` ~ ~ ~ .. • `APPROVED: __ DISAPPROVED: Copy served upon Applicant, the Planning.and Zoning Department, Public Works Department and the City Attorney. By: /~'~~,~',~~ L Daced:~/ ~6~~ Cit Clerk \~`,~`\,,,,~i~Mr~~r,.,,,~ ~; `G~pPQ.~1~0 ti '~ ~:3. ~~ '~ 9 9G~~„ ~h~M 7 :=' ,, Q , T t gT • .~. \~. msg/Z:\WorkV~lV~icridian I5360M~Dcvclopers DivcrsiFicd~FfsClsOrdcrREZ ' ''~C~~. "' ,\Q ~ ` - ~~ ~„~~ 4 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 1 1.4 ACRES $Y DEVELOPERS DIVERSIFIED REALTY CORD/ - DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER/ CI.OSSROADS MALL ! (R~-99-407) - 20 a. ~~ y. December 10, 1999 Clark Development Bill Clark 479 Main Street Boise, ID 83702 Re: Comprehensive Plan Amendment for Terrace Lawn Memorial Gardens Dear Mr. Clark: Enclosed please find a copy of the Findings of Fact and Conclusions of Law and Order and Decision regarding the amendment of the Comprehensive Plan generalized land use map. Please call if you have any questions. Sincerely, Shelby E. Ugarriza City Clerk's Office seu enc. ~' }; • MERIDIAN CITY COUNCIL MEETING: DECEMBER 7 1499 APPLICANT: BILL CLARK/CLARK DEVELOPMENT AGENDA ITEM NUMBER: ~ } REQUEST: COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND USE FROM SINGLE-FAMILY RESIDENTIAL TO MIXED RESIDENTIAL FOR TERRACE LAWN MEMORUII GARDENS AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLIGE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED FINDINGS i~ '~ fLs ~~~ ~~ OTHER: Ail Materials presented at public meetings shall become property of the City of Meridian. ~~~.-~' ~ ie ,+L,~Gt-' Cx.~ ~. i.+~C.1~ ~C,r ~' ~If`f'~.~~Ya'ia~.v~-t' I t ~ t ., interoffice MEMORANDUM To: William G. Berg~~~.l~Q BY ATTQ~f1LY P~,i'1D j~EcE~~~ 1~~~ ~NITNGUT Sl~a4~lATiI~~E !~~ 1" From: Wm. F. Gigrays` N O V 1 9 1999 ~yg ABSENCE TO AVGIQ ~E Subject: TERRACE LAWN MEMORIAL (CPA-99-003) CITY OF MERIDIAN Date: November 18, 1999 Will: Please find enclosed a revised Findings of Fact and Conclusions of Law, Decision and Order Amending Comprehensive Plan Generalized Land Use Map for Case No. CPA-99-003, to Mixed Planned Use Development designation, and the accompanying Resolution and Certificate of Cleric. Please note that I have changed the following-provisions: 1. Conclusions of Law at page 11, No. 1 and 2 of the Decision and Order to Mixed Planned Use Development. 2. Findings of Fact, I eliminated numbers 13 and 15 and in their place used language from 10.6 and 10.7 of the Recommendations of Planning and Zoning. 3. Revised the Resolution and Certificate of Cleric to reflect a change to Mixed Planned Use Development designation. Because there are changes beyond what was stated on the record when the action was taken, I request that you resubmit this matter to the City Council for adoption and approval. The basis of the recommendation, is that, the additional changes were needed to avoid ambiguities that resulted with just the changes referenced on the 16`h of November. I feel without these additional changes the Findings weigh against the result. ` _ ~-Please c~ons`ult the Mayor for permission to place on,the.agenda for they ~~ December 7, 1999, meeting and hold up on signing the Resolution and Certificate of Clerk. If you have questions please call. ,. msg/Z:\Work\M\Meridian 15360M\Terrace Lawn\Clerk111899:Mem ~ ~ ~ BEFORE THE MERIDIAN CITY COUNCIL Revised 11-18-99 IN THE MATTER OF THE ) APPLICATION OF CLARK ) DEVELOPMENT/BILL CLARK FOR ) A COMPREHENSIVE PLAN ) AMENDMENT TO, CHANGE LAND) USE FROM SINGLE FAMILY ) RESIDENTIAL TO MIXED ) RESIDENTIAL FOR THE 4000 ) BLOCK OF FAIRVIEW AVENUE ) BETWEEN EAGLE ROAD AND ,) CLOVERDALE ROAD, TERRACE ) LAWN MEMORIAL ) CASE NO. CPA-99-003 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP The above entitled application- for amendment to the City of Meridian's Comprehensive Plan Generalized Land Use Map having come on for public hearing before the City Council on the 3`d day of November, 1999, at the -hour of 7:00 p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and appearing and offering testimony was Shari Stiles, Planning and Zoning Administrator, and no one appeared in opposition, and the Council having received the record of this matter from the Planning and Zoning Commission, and having received the "Findings of Fact and Conclusions of Law and Decision and Recommendation of the Planning and Zoning Commission on this application, and FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE I OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLA.RI~ (CPA-99-003) ~' ~ . having duly considered the matter, the City Council•malces the following Findings of Fact, Conclusions of Law, Decision and Order Amending Comprehensive Plan Generalized Land Use Map. FINDINGS OF FACT 1. A notice of the time, place, and a summary of the proposed amendment plan to be discussed at,the November 3, 1999, hearing was published-fifteen (15) days prior to said hearing; copies of all notices were made available to newspaper, "radio, and television stations; the matter was duly considered at the November 3, 1999, public hearing; and the public was given full opportunity to express comments a and submit evidence. 2. There has been compliance with all notice and hearing requirements set a forth in the City of Meridian Comprehensive Plan and Idaho Code § 67-6509. 3. The property which is the subject of the application for amendment~is herein described as follows to-wit: See attached Exhibit "A" consisting of 2 pages: the first page designated as Tealey's Land Surveying; Project No. 1882, Date: June 16, 1999, Description for Tim Gibson, Meridian Rezone Parcel -West Parcel 3, and the second page designated as Tealey's Land Surveying, 'Project No. 1882, Date: June 16, 1999, Description for FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 2 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) a ~` Tim Gibson, Meridian Rezone Parcel-East Parcel 7. 4. The Applicant is Clark Development/Bill Clark, of 479 Main St. Boise, Idaho. The Applicant filed a written Comprehensive Plan amendment application. 5. Pursuant to the application, the affected property is generally described as an 11.76 acre parcel south of Fairview Ave. midway between Eagle Rd. and Cloverdale Rd. The Applicant requests the Comprehensive Plan and Land Use Map amendment to change from Single Family Residential to Mixed-Residential. 6. The subject real property is generally located south of Fairview Avenue midway between Eagle Road and Cloverdale Road, and is bordered by Crossroads Subdivision to the west and the proposed development and extension of the Family Center [currently DstG Turf & Nursery], and Terrace Lawn Memorial Gardens to the north and a large vacant parcel to the south is owned by the Seventh Day Adventist Church. 7. The subject real property is in Ada County currently zoned by Ada County Ordinance as RT, Rural Transitional, and lies within the City of Meridian Impact Area with the parcel to the east of the subject real property lying within the Boise Impact Area, which a future land designation of Medium Density Residential, 15DU/acre. FINDINGS OF FACT AND CONCLUSIONS OF LAW,., PAGE 3 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) i M 8. The City of Meridian has complied with the. referral process with Ada County of the requested amendment of the Comprehensive Plan. 9. The Applicant is Clark Development/Bill Clark, of 479 Main St:, Boise, Idaho. The Applicant filed a written Comprehensive Plan amendment application. 10. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and,, all current zoning maps thereof and the Comprehensive Plan. of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary. 11. This application is made in anticipation of the granting of the application for Comprehensive Plan Generalized Land Use Map amendment in Case No. CPA-99-002 by Developers Diversified Realty Corporation, which this applicant supports. 12. Considering the previous and existing conditions, trends, desirable goals and objectives, and desirable future situations of the Generalized Land Use Map of the Comprehensive Plan, it is found that since the adoption of the Generalized Land Use Map there have been significant changes in the area including most notably the approval of the Family Center Shopping Center, which abuts the subject property to FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 4 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARK DEVELOPMENT/BILL CLARK (CPA-99-003) the north, and a denser residential designation provides a good transitional land use between the shopping center and adjacent church and residential subdivision properties, and is compatible with the Boise Area of Impact designation of Medium Density Residential to the east of the subject property. 13. Due to the lack of policies in place for the- Mixed Residential designation due to the changes in the area as herein set.forth in these Findings, and due to the fact that the Mixed Residential designation would create a very small spot land use designation with all other locations with this designation, which are currently clustered on the land use map into distinct areas, a Mixed Planned Use Development designation as recommended in Finding 10.7 of the Planning and Zoning Recommendation Findings is preferred and warranted. 14. Mixed Residential is not defined in the Comprehensive Plan, nor are any performance standards in place for this designation. 15. If, however, the Developers Diversified application,is approved, staff could support designation of this area as Mixed Planned Use Development so that all uses are controlled under the conditional use permit process as planned development. Approval of a change in the land use designation in no way indicates approval of any concept plans presented. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 5 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) 16. 'The Applicant proposes the proposed apartment complex use of the site would most likely require an R-15 zone if it is annexed to the City of Meridian in the future. 17. In order to develop the parcel there are no other solutions in order to have zoning compatible to the Comprehensive Plan but to amend the. Generalized Land Use Map component as applied for herein. 18. It has been more than six (6) months prior to the date of the receipt of the Recommendation of the Planning and Zoning Commission in this matter; that the Commission has recommended amendments to the Land Use Map component of the Comprehensive Plan to the City Council. 19. The proposed designation change within the subject application would, in fact, require an amendment to the Comprehensive -Plan as determined by City policy. CONCLUSIONS OF LAW 1. All the procedural requirements of the Land Use' Planning Act and of the Comprehensive Plan of the City of Meridian were met including: notice of the time, place, and a summary of the proposed amendment to the Plan, the publication of which was fifteen (15) days prior to said hearing; copies of all notices were made FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 6 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) available to newspaper, radio, and television stations. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan"Amendment Section; Idaho Code § 67-6509(b)). 2. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I:C. § 67-6509). 3. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Land Use Planning Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code § 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 4. The City Council or any group or person may petition the Planning and Zoning Commission for a plan amendment at any time. The following requirements, time tables, and procedures to amend Meridian's Comprehensive Plan at pages 78 - 79 must. be satisfied: FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 7 OF 1.5 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) ~ r A. Application to amend the Comprehensive Plan may be filed with the Planning and Zoning Commission at any time. B. The Applicant will submit a letter for a Plan amendment which will contain the following; 4'.B.1 Specific definition of the change requested. 4.B.2 Specific information on any property involved. 4.B.3 The condition or situation which warrants a change being made in the Plan. 4.B.4 The public need for and benefit from such a change in the Plan. 4.B.5 Documentation that no other solutions to the problem are presented by the current policy of the Plan are possible or reasonable. 4.B:6 Development intentions for,any land involved. 4.B.7 Any other data and information needed by the Planning and Zoning Commission in evaluating the proposal, such as who does it help, who~does it hurt, how much is it going to cost and who is going to pay for it. C. No application will be considered until the required information is complete. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section). 5. The Commission may recommend amendments to, the land use map component of the Comprehensive Plan to the City Council not more frequently than FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 8 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) j one every six (6) months. (Idaho Code § 67-6509(d); Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) 6. The City Council may conduct a public hearing in addition to the public hearing conducted by the Planning and Zoning Commission as provided by Ordinance, prior to adoption, amendment, or repeal of the Comprehensive Plan using the same notice and hearing procedures as .the Commission,_only after,having received the Recommendations from- the Planning and Zoning Commission. Idaho Code § 67-6509(b). 7. The Comprehensive Plan of the City of Meridian provides at page 79 in Section F, G and H of the Section entitled "Comprehensive Plan Amendments" for the procedure to be followed by the City Council upon receipt of the Planning and Zoning Commission's recommendations to as follows: F: Upon receipt of the Planning and Zoning Commission's recommendations on Plan amendments, the City Council will set a date for public hearing on the application. At the public hearing, the ,proposed amendments will be presented and the City Council will receive the report of is Committee, if one has been appointed-; and public testimony on each application. G: At the public hearing or within 45 days thereafter, the City Council shall approve or deny the application (except that with the written agreement of the applicant, an additional amount of time, which shall be specified, may be taken). All applicants shall be notified by mail of the City Council's decision and the decision shall be supported by FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 9 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) w findings of fact and conclusions of law. If the City Council makes a material change in the proposed- plan amendment it shall conduct one additional public hearing prior to adopting the proposed amendment as changed and may alter its findings of fact and conclusions of law. H: All applications for Comprehensive Plan amendments shall be acted upon by the City Council within 16 months from their date of filing unless, upon written agreement of the applicant, an additional amount of time may be specified, or unless the provisions of Section (1) are applicable requiring additional time for study. 8. The Meridian Comprehensive Plan applies to the Meridian Area 'of City Impact and the coordination of amendments and zoning applications in the Impact Area are as follows: 1-11-6 Meridian City Code: Coordination of Amendments and Zoning Applications: "A. County and City Coordination: All applications for Ada County and Meridian amendments to their respective comprehensive plans and implementing ordinances which apply within the area of City impact shall be sent by the entity considering such amendment to the other entity. A separate referral process shall be adopted by resolution by each entity regarding procedures and time periods for, and the effect of, sending such amendments, and such resolution may be amended from time to time upon mutual agreement in writing by Ada County and the City. B. Applications To City: All Ada County applications for planned developments, subdivisions, rezones, private roads, and conditional use FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 10 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARK DEVELOPMENT/BILL CLARK (CPA-99-003) r.- ~~ ~i ~~ permits within the area of City impact shall be sent to Meridian, in accordance with the referral process arrived at pursuant'to°subsection A of this Section." 9. To change a designation from Single Family Residential to Mixed Planned Use Development requires approval by the Planning and Zoning Commission as provided under the'City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan Amendments Section. ,a 10. Upon review of an amendment application reiatirig to land use designations, the Council should take the following objectives into account: 10.1 Mixed-planned uses along the 1-84 corridor, which are attractive and compatible with high-volume traffic corridors. 10.2 Designating ample land for urban expansion and infill. `` 10.3 Quality residential neighborhoods, north, south, east, and west of Old Town. 10.4 Planned -mixed uses along I-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. 1 ' ~ Y 4 10.5 'Buffers to the waste -treatment plant. 10.6 Adequate school and•park sites for quality living 10.7 The importance of maintaining compatible -land uses to ensure an optimum quality of life. 10.8 Respect for the responsibilities and rights of land ownership. ~~~ ~ , FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 11 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE ~ ' PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) ti permits within the area of City impact shall be sent to Meridian, in accordance with the referral process arrived at pursuant to subsection A of-this Section." 9. To change a designation from Single Family Residential to Mixed Planned Use Development requires approval by the Planning and Zoning . Commission as provided under. the City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan Amendments Section. 10. Upon review of an amendment application relating to land use designations, the Council should take the following objectives into account: 10.1 Mixed-planned uses along the I-84 corridor, which are attractive and compatible with high-volume traffic corridors. 10.2 Designating ample land for urban expansion and infill. 10.3 Quality. residential neighborhoods, north, south, east, and west of Old Town. 10.4 Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. 10.5 Buffers to the waste treatment plant. I0.6 Adequate school and park sites for quality living 10.7 The importance of maintaining compatible land uses to ensure an optimum quality of life. 10.8 Respect for the responsibilities and rights of land ownership. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 11 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) ~~ ~ components of the written plan." ~~ DECISION AND ORDER NOW., THEREFORE, BASED UPON THE ABOVE AND~FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH-ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order that: 1. The Applicant's request for Comprehensive<Plan Amendment to the Generalized Land Use Map Component to change the real property described in Finding of Fact no. 3 from a Single Family Residential designation to a Mixed Planned Use Development designation is granted. 2. The City Attorney is directed to prepare for consideration by the City Council the appropriate Resolution directing the Comprehensive Plan Land Use Map Component change of the subject real property from Single Family Residential to Mixed Planned Use Development designation. 3. Subsequent-to the passage of the Resolution, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with this Order and the provisions of the Resolution. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 13 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE. PLAN GENERALIZED LAND USE MAP - CLARK DEVELOPMENT/BILL CLARK (CPA-99-003) • r 4. ~ The City Clerk is to notify and provide a certified copy of the Resolution to the appropriate Ada County officials`to notify them of the Comprehensive Plan amendment. 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 being a person who has an interest in real property which may be adversely affected by the issuance or denial of the Comprehensive Plan Land Use Map change 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 / ~ day of ~.~~. ~2~~ , 1999. ROLL CALL. .COUNCILMAN RON ANDERSON COUNCILMAN GLENN BENTLEY VOTED ,~~`r~~-vt VOTED ~ COUNCILMAN KEITH BIRD VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 14 OF 15 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARK DEVELOPMENT/BILL CLARK (CPA-99-003) COUNCILMAN CHARLIE ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED:, f 2 - ~ ~~ VOTED ~-- VOTED MOTION: APPROVED: ISAPPROVED: Copy served upon.Applicant, Planning and Zoning Department, Public Worlcs Department, appropriate Ada County officials, and the City Attorney. By• ~ ~ - City Clerlc ms~Z:\Work\NI\Meridian 15360M\Terrace LawniFfClDecOrdCPA FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) Dated: ~Z'7~~ `~~~yt~~a;`+R~tttttltftllly ~, "~~ V J ~1 yg f~ r~ i ~l~f~~~ ~ ~~ 'f /f~i .w .. P7lC~~dL -_ y ~ '~ ~ .. ~rf~~•~O'q T 1ST • ~ P.p,`` c:,~ ~, Z~ PAGE 15 OF 15 f jY t ~_ J. ~ :.,> C TcALEY'S LAND 91.5 West .fette~scn Street • Bozse. icano °3702 SURVEYING (248) 385-(}636 max (248) 385-x665 Project No.: 188? Date: Jtute 16, 1999 DESCRIPTION FOR TINT GIBBON • r MERII)I_AN REZONE PARCEL-EAST PARCEL 7 A portion of Tracts "B & C" of Terrace Lswn Ivlemorial•Gardens, Inc. Cemetery Tract situated in the NW'/, of the NE'ld of Section 9> T.3N,, R.IE_, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing ac the North ;: corner of said Section 9; thence along the North- South center of seciion Line of said Section 9 _ South 0°48'35" West U25?4 feet to the Southwest corner of the NW '/n or"the NE ;: of said Section 9; thence along the South line of the NW '/.'of the NE ;. oi,said Section 9 South 89°21'18" East 6~t0.77 feet THE POINT OF BEGINNING; thence continuing South 89°2I ' 18" East 695.08 feet to the Southesst comer of the NW '/, of the Irk t/, of'said Section 4; thence along the East Iine of the NW i/, of the NE %. of said Section 9 North 0°3I'38" East 319.20 feet to a point; thence leaving said East line North 89°35'00" West 693.52 feet to a point; thence along a Iine parallel to the Nona-South center Iine of said Section 9 South~0°48'35" Wcst 316.44 feet to THE POINT' OF BEGINNING , ...Said parcel coatains 5.066 acres, more or less. Z EXHIBIT "A" Page 1 of .2 CPA-99-003 1 4~~~D~ ~r~~. \~x ~. ~~~ ~,~ ~~q w• ~~ ,t ±'~~~ •~_., .A~ .. a • TcALEY'S SAND ..9t~ West Jefferson ~rreei • 9cise. ~t;ane es~o2 SURVEYING (208) 3H5-U636 e Faz (208) 385-0&95 Date: ~ unc i 6, 1999 • DESCRIP'i70N FOR TIM GIBSt?N ' MERIDIANT REZONE p_a~RCEL -WEST PARCEL 3 A`gomon of Tracts "C ~ D" of Terrace Lawn Memorial Gardens, Inc. Cemetery Traci situat:d~iti the N«"/. oz the NE %'• of Section 9, T.3N., R.IE., Boise Meridian; .Ada Couriz<•. Idaho,~more particularly desct7oed as follows: Commencing at tae North'%•-corner of said Section 9; thence along the tiorth-South ce:~ie: of section line of said Section 9 South 0°•8'35" West 871..76 feet to THE POINT OF BEGINNING; thence continuing South 0°48'35" Wcst 45 x.48 fit to the Sourh~vest corner of the NW ;'~ of the ~+~E :', of said Section 9; thence slang the Soutl: Line of the N~"/~ of the NE '/. of said Section 9 , South 89°? 1' 18" East 6=L0.77 f et to a•;t~oint;~rhenc~-le3viri~ said South Iine along a line parallel to the Noah-South centerline of said Section 9 _ ;- ?worth 0°=t8':~" East 456.04 fee: to a point; thence ~ , 'with 89°35'00" West 640.79 feet to THE PC?INT O;r BEGIN:^+~NG »_ .-, s. Said parcel contains b.b~0'acres, mare or less. GAL to ~, o ~o ~ '~c ~~,~,cFt4~~ ~IM ' . ~d A: ~d .EXHIBIT "A" Page 2 of 2 CPA-99-003 • i RESOLUTION NO: 2 ~ 5 C'! ~~ ' A RESOLUTION FINDING THAT THE OWNER O CERTAIN REAL PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES PARTIALLY WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN AND PARTIALLY WITHIN THE IMPACT AREA OF THE CITY OF 1VIERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL DESIGNATION TO A MIXED PLANNED USE DEVELOPMENT DESIGNATION" AND REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN GENERALIZED LAND USE MA.P COMPONENT AND DIRECTING THE CITY CLERK TO NOTIFY AND PROVIDE A CERTIFIED COPY. OF THE RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERLDLAN, COUNTY OF ADA, STATE OF IDAHO: Section 1. Findings: 1. The owner of the following described property has made a written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map Component change from a Single Family Residential designation to a Mixed Planned Use Development designation. 2. The City of Meridian Planning and Zoning Commission and the City= Council. having given notice and conducted all public hearings in accordance with law, and having duly notified Ada County of said application and having received their comments, and having issued its Findings of Fact and Conclusions of Law, Decision and Order Granting the Application; and RESOLUTION - PAGE I OF 3 • •3. The Real property which is the subject of this resolution is legally described as follows: , See attached Exhibit "A" consisting of 2 pages: the first page designated as Tealey's Land Surveying, Project No. 1882, Date: June 16, 1999, Description for Tim Gibson, Meridian Rezone Parcel -West Parcel 3, and the second page designated as Tealey's Land Surveying, Project No. 1882, Date: June l6, 1999, Description for Tim Gibson, Meridian Rezone Parcel -East Parcel 7. Section 2. The above described real property be and the same is hereby re- designated on the Comprehensive Generalized Land Use Map from Single. Family Residential to Mixed Planned Use Development. Section 3. The engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official' Comprehensive Plan Generalized Land Use Map component in conformance with the provisions of the Resolution: Section 4. The City Clerk is to notify and provide a certified•copy of the resolution to the appropriate Ada County officials to notify them•of the comprehensive plan amendment. Section 5. All ordinances, resolutions, orders or parts thereof in conflict ,herewith are hereby repealed, rescinded and annulled. Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according. to law. PASSE BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7~-` day of C2vn ~ti , 1999. RESOLUTION -PAGE 2 OF 3 '•[ . t ~` is ~ k APPROVED Y THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~ day. of ~-2~ ~v , 1999. a r ATTEST: `;`y~,','l~rt~retrr~~~~~~r' S\ 1+f ~~GO~~'4j3,~j !`w ~G R A ~~~ City Clerk _ ,~ r ~ ` STATE OF IDAHO, 11 J!~'f9d~9't ~~ . ~~~``~~` JSS. `~J~iry~~,r~ ~t~`,`\~~ ~rrm nt;et County of Ada, ) On this°~ day of , 1999, before me, the undersigned, Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerlc of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .•` ~ • ~ VAR ~.•,SQ, ~......, if ~ ~AI,~e ~o'T AR y ~~ S `„~ w * `'f. 1' U B y1G e' O ~, ti .°~; '•. J- ~'••....••' P ~~• .,~,~TE of 19~~~• Notary Public for Idaho Residing at:-~~.~,~,~,, My Commission Expires://_U~ _ ~-~ msg~ZaWorkiM\Meridian 15360M\Terrace Lawn\Resolution.CPA RESOLUTION -PAGE 3 OF 3 ~t f r: TcALEY'S` ~N~ 9t5 West Jerie~scn Street • Bose. icano Qg70~ SURVEYING (208) 385-0636` max ~zoa) was-U6a6 Project No.: 1882 Date: June 1 b, 1499 DESCRIPTION FOR TIM GIESON MERIDIAN REZONE P ARCEL-EAST PARCEL 7 A portion of Tracts "B & C" of Terrace Lswn Memorial Gardens, Inc. Cemetery Tract siiuated in the h'~V'/< of the NE'/d of Section 9, T.31v., R.IE_, Boise Meridian., Asia County, Idaho, more panicuIarly described as foIIows: Commencing at the North ;; corner of said Section 9; thence along the Noah-~ South enter of section line of said Section 9 South 0°48'3" W~ 1325?4 feet to the Southwest come- of the iYW '/. or" the ATE :. of said Section 9; thence along the South Iinc of the NW '/, of the NE ;: of said Section 9 South 89°?I'18" East 6~0.7i frt THE POINT OF BEGI1~tNING; thence continuing South ~89°2I' 18" East 69b.08 feet to the Southeast earner of the NR' '/~ of the irk '/. of said Section 9; thence along the East line of the NW '/, of the NE '/. of said Sccuon 9 Vonh 0°,1'38" E?st 319?0 feet to a point; thence leaving said East sine North 89°35'00" West b93.52 feet to a point; thence along a Zinc parallel to the North-South center Line of said Section 9 South~0°8'35" Vi%cst 316.4Y feet to THE POINT 4F BEGINNING , Said parcel coatains 5.066 acres, more or less. . °~ ' EXHIBIT "A" Page I of 2 CPA-99-003 j,~\ a -- ~• O O t~^'~ A. 'TES Y .~ r , ~' ~~' ~ - e' ~~ ~. .F.= .' .. TcALEY'S SAND 9t5 eves, Jeifesscn Streai • Bcise. Icano Q3702 SLlRV~YING (208) 385-0636 p Fax (208) 385-0E66 °roie~ No.: 188? Date: ~unc 16, 1999 . .DESCRIPTION FOR TIM GIB50N 11~1ERIDIAN' REZONE p_.~RCEL -WEST PARCEL 3 A goi-don of Tracts "C -~ D" of Terrace Lawn Memorial Gsrdens, Inc. Cemete: v Trac sittiat._d in the IV~y''/. of the NE %: o~ Section 9, T.N., R.lE., Boise Meridian, :Ada Caunin. Idaho,"more particularly dcscriped as follows: . Commencing at tae North': corner of said Section 9; the_zce along the North-South c-.pie: of seciion Line of said Section 9 South 0°48'35" West 871..76 feet to THE POINT OF BEGITNING; thence continuing.. , = - . South 0°48' 35" VJcst 45 x.48 fzet to the Southwest comer of the NW ;~~ of the NE :: of said Section 9; thence bong the South line of the Nu"/< of the \'E '/j of said`Sectian 9 South 89°2I' 18" East 6=:0.77 f et to a ,point; ilenc~ Ieavin~ said South Line along a line parallel.to the North-South'ccnter.Iine of said Section 9 _ - _ ?worth 0°4$'=a" East 456.04 feet to a point; thence - - - North 84°35'00" West b40.79 feet to THE POINT OF BEGINi~+'ING - - ~ - Said parcel contains 6.690 acres, more or Iess. EXHIBIT ."A" Page2of2 CPA 99-003 -~C~ Ems, ~~ ~ G~~ '" o ~o ~ ~~~° Op t9r,~. f~~A:1'~~1' i 3 .~ • CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN A RESOLUTION FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES PARTIALLY WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN AND PARTIALLY WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL DESIGNATION TO A MIXED PLANNED USE DEVELOPMENT DESIGNATION" AND REPEALING ALL ORDINANCES,. RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; .AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE CITY CLERK TO NOTIFY AND PROVIDE A CERTIFIED COPY OF THE RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section I. Findings: 1. The owner of the following described property has made a written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map change from a Single Family Residential designation to a Mixed Planned Use Development designation. 2. The City of Meridian Planning and Zoning Commission and the City Council having given notice and conducted all public hearings in accordance with law, and having duly notified Ada County of said application and having received their comments, and having issued its Findings of Fact and Conclusions of Law, Decision and Order Granting the Application; and 3. The Real property which is the subject of this resolution is legally described as follows: See attached Exhibit "A" See attached Exhibit "A" consisting of 2 pages: the first page designated as Tealey's Land Surveying, Project No. 1882, Date: June 16, 1999, Description for Tim Gibson, Meridian Rezone Parcel -West Parcel 3, and the second page designated as Tealey's Land Surveying, Project No. 1882, Date: June 16, 1999, Description for Tim Gibson, Meridian Rezone Parcel -East Parcel 7. Section 2. The above described real property be and the same is hereby re- designated on the Comprehensive Generalized Land Use Map from Single Family Residential to Mixed Planned Use Development. Section 3. The engineering staff of the Public Worlcs Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with the provisions of the Resolution. Section 4. The City Cleric is to notify and provide a certified copy of the resolution to the appropriate Ada County officials to notify them of the comprehensive plan amendment. _ Section 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. `~~;~~,,,++at~+,+„r,,,,, ~,~ William G. Berg, Jr. ~~?~ City Cleric ~~ ,~ .~. `~© ~`T 13~ • 14 ~ `` STATE OF IDAHO, ) ,~ ~~ ~3 ,, County of Ada, ) On this ~ ~ day of ~.ec! ear b,~ v,• , in the year 1999, before me, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Cleric of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed.,~~~~ai~'Pt'~'t~j~behalf of the City of Meridian. (SE1£t~ ~.~ Notary Public for Idaho pUB L1G * Commission Expires~l o~.-ot,~ msv,_/Z:\W~i~-jc'e~Rl1~~R Terrace Lawn\CertofCllc.CPA '•.._ 0 F 1 _.~•• • i _,ya .R~ j{ ?~' l - ~'cALEY'S LAND 9i5 wes, ~e~erscn Street • Bose. icano H~7o~ SURVEYING (248) 3H5-oo'36 max (2481 3H5-4fia5 ?roje~I No.: i 883 Date: June 16, 1999 DESCRIPTION FOR TIM GIBBON MERIDI_AN REZONE PARCEL-EAST PARCEL 7 r1 pomon of Tracts "B & C" of Tet;ace Ls~vn Iv(emotial Ctardens, lnc. Ccmeterv Tract sntlatcd in the h'~7'/. oFilte NE'/d of Section 9, T.3Iv., R.IE_, Boise Meridian, Ada County, Iaaho, more psrtienIariy described as follows: _ Commencing at the Noah ;; comer of said Section 9; thcacc along the North- South cents of section Line of said Secrion 9 South 0°48'3" West I325?4 feet to the Southwest corner of the N~~/ '/. or the NE :: of said Se~tion 9; thence along the South Iinc of the NW '/. of the NE ;: of said Section 9 South 89°'?1'18" Fast 640.77 fecL THE POINT OF BEGINMNG; thence continuing South 89°2I' 18" East 695.08 feet to the Southwest corner of the Ivy' ;~. of the h~ :. of said Se=tion 9; thence along the East Iine of the NW 1/. of the NE % of said Se; Lion 9 North Q°;1'38" Est 319?0 i'ert to a point; thence Iesving said East line North $9°35'00" West b93.~2 feet m a point; thence along a Iir-e paralIci to the North-South center Line of said Section 9 South~0°x8'35" VS%cst;16.4x fe_~t to THE POINT OF BEGINNING , Said parcel contains 5.066 acres, more or less. .e -~~ ~~~~^ olr ~'~ ~. • ~~ )gyp. ~~. TE,,~' ~w~Qq EXHIBIT "A" Page 1 of 2 CPA-99-003 ~~~ `":=` . i*, ~ ~- TcAL)=Y'S i_AND 915 4Ves, Jeiferscn tree? • 3cis2. iaa~c Q3702 SURVEYING (2Q8) 385-4636 Fax 128) 385-0fi96 ~' ?; oiec_ No.: 188? Date: ~ unc 16, 1949 DESCRIPT70N FOR TLM_ GIBSt?N ;y1ERIDIA~* REZONE P?~ItCEL -WEST PARCEL 3 :4 portion of Trac*s "C ~ D" of Tc::ace Lawn Memorial Gsrdens, Inc. Cemete: v Trac; situated in the NZ~''/. of the NE %: of Se-zion 9, T.SN., R.lE., Baisc Meridian, .tea Cilurit~•. Idaho, mare particularly acscntsed Ps follows: CoraraencinQ at tae North 'i: corm. of said Se: Lion 9; the-~c_ along the North-Souti~ u.nte: oi'section Line of said Section 9 South 0°8'35" West 871.76 feet to THE POINT OF BEGIT'NING; thence continuing South 0°~8'3~" Ricst ~53.~8 fee.: to the Southwest comes of the NW %i of the N-E %', of said Section 4; thence .long the South Line of the IWV'/< of the \1E '/. of said Section 9 South 89°? 1' 18" Fast 6=0.77 f et to a point; thence lzsvirig said South Iinc along a line parallel to the Noah-South center.Iine of said Se.^tion 9 _ North 0°~8' =~" East ~5b.04 fee. to s point; thence Noah 89°35'00" R%cst 6.0.79 r"eet to THE POINT OF BEGIN~+ZNG Said parcel contains 6.630 acres, more or less. EXHIBIT "A" Page 2 of 2 CPA-99-003 c~c~i'I. L~'o F ~G~\ G ~ ~ n., 4 0 ,: - - - ~', f ~. November 12, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 16 1999 APPLICANT: CLARK DEVELOPMENT ITEM #: 9 REQUEST: CPA FROM SINGLE FAMILY RESIDENTIAL TO MIXED USE FOR TERRACE LAWN MEMORIAL GARDENS , AGENCY COMMENTS CITY CLERK: " ~ " CITY ENGINEER: ~~~ ~¢ S~ ~`~` ~',po ~a,w CITY PLANNING DIRECTOR: :1 ~l~ p 3 ~ ~ CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: "`CITY SEWER DEPT: CITY WATER DEPT:' MERIDIAN SCHOOL DISTRICT: MERIDIAN .POST OFFICE: ' ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: ' BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: __ t ~ rv" "'. ~~~~a- f~ ~~~ k~~Fc ~5 ~~ ~' i~ f~f 1 Q ~~ All Ma#erials presented at public meetings shall become property of the City of Meridian. ~- t3";/D ~" ~ , ~~ t 1. ~~ ` ~~~ ,. ~ ~~ ~ ~ interoffice MEMORANDUM R~~~~D AZTORWEY p,~!D To: William G. Berg, Jr. b1~YA~ED d~ N O V 1 2 1999 SEWS ~'dITHOUT S~AVOyD pElAy From: Wm. F. Gigray, III ~. HS RBSEW~E TU CITY OF MERIDIAN Subject: CLARK DEVELOPMENT/BILL CLARK (TERRACE LAWN MEMORIAL) CPA-99-003 Date: November 12, 1999 Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP, for the above matter, and set for the City Council meeting on Tuesday, November 16, 1999. Additionally, I have enclosed the original of the Resolution and Certificate of the Clerk. Please make sure once the Resolution has been passed to provide a certified copy to the Ada County Development Services, ATTN: Jeff Patlovich, Director, 650 Main Street, Boise, Idaho 83702, telephone number 364-2277, if you have any questions.. Please serve conformed copies of the Findings and Resolution upon the Applicant, Planning and Zoning Department, Public Works, City Attorney, and anyone who has filed a demand for notice of Council's action. If you have any questions, please advise. msg/Z:\Work\NI\Meridian 15360M\Terrace Lawn\FfClsDecOrdClkLtr.2CPA r J i P t p~ t. 4 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF CLARK ) DEVELOPMENTBILL CLARK FOR ) A COMPREHENSIVE PLAN ) AMENDMENT TO CHANGE LAND) USE FROM SINGLE FAMILY ) RESIDENTIAL TO MIXED ) RESIDENTIAL FOR THE 4000 ) BLOCK OF FAIRVIEW AVENUE ) BETWEEN EAGLE ROAD AND ) CLOVERDALE ROAD, TERRACE ) LAWN MEMORIAL ) CASE NO. CPA-99-003 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP The above entitled application for amendment to the City of Meridian's Comprehensive Plan Generalized Land Use Map having come on for public hearing before the City Council on the 3`d day of November, 1999, at the hour of 7:00 p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and appearing and offering testimony was Shari Stiles, Planning and Zoning Administrator, and no one appeared in opposition, and the Council having received the record of this matter from the Planning and Zoning Commission, and having received the "Findings of Fact and Conclusions of Law and Decision and Recommendation of the Planning and Zoning Commission on~this application, and FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 1 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARK DEVELOPMENT/BILL CLARK (CPA-99-003) • having duly considered the matter, the City Council makes the following Findings of Fact, Conclusions of Law, Decision and Order Amending Comprehensive Plan Generalized Land Use Map. FINDINGS OF FACT 1. A notice of the time, place, and a summary of the proposed amendment plan to be discussed at the November 3, 1999, hearing was published fifteen (15) t days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations; the matter was duly considered at the November 3, 1999, public hearing; and the public was given full opportunity to express comments and submit evidence. 2. There has been compliance with. all notice and hearing requirements set forth in the City of Meridian Comprehensive~Plan and .Idaho Code § 67-6509. 3. The property which is the subject of the application for amendment is herein described as follows to-wit: See attached Exhibit "A" consisting of 2 pages: the first page designated as Tealey's Land Surveying, Project No. 1882, Date: June 16, 1999, Description for Tim Gibson, Meridian Rezone Parcel -West Parcel 3, and the second page designated as Tealey's Land Surveying, Project No. 1882, Date: June 16, 1999, Description for FINDINGS OF FACT AND- CONCLUSIONS OF LAW, PAGE 2 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARK DEVELOPMENT/BILL CLARK (CPA-99-003) Tim Gibson, Meridian Rezone Parcel-East Parcel 7. 4. The Applicant is Clark Development/Bill Clark, of 479 Main St. Boise, Idaho. The'Applicant filed a written Comprehensive Plan amendment application. 5. Pursuant to the application, the affected property is generally described as an 11.76 acre parcel south of Fairview Ave. midway between Eagle Rd. and' Cloverdale Rd. The Applicant requests the Comprehensive -Plan and Land Use Map amendment to change from Single Family Residential to Mixed Residential. 6. The subject real property is generally located south of Fairview Avenue midway between Eagle Road and Cloverdale Road, and is bordered by Crossroads Subdivision to the west and the proposed development and extension of the Family Center [currently DSLG Turf & Nursery], and Terrace Lawn Memorial Gardens to the north and a large vacant parcel to the south is owned by the Seventh Day Adventist Church. 7. The subject real property is in Ada~County currently zoned by Ada County Ordinance as RT, Rural Transitional, and lies within the City of Meridian Impact Area with the parcel "to the east of the subject real property lying within the Boise Impact Area, which a future land designation of Medium Density Residential, 15DU/acre. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 3 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARI~,(CPA-99-003) • 8. The City.of Meridian has complied.~with the referral process with Ada County of the requested amendment of the Comprehensive Plan. 9. The Applicant is Clark Development/Bill Clark, of 479 Main St., Boise, Idaho. The Applicant filed a written Comprehensive Plan amendment application. 10. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary. 1*1.. This application is made in anticipation of the granting of the application for Comprehensive Plan Generalized Land Use Map amendment in Case No. CPA-99-002 by Developers Diversified Realty Corporation, which this applicant supports. 12. Considering the previous and existing conditions, trends, desirable goals and objectives, and desirable future situations of the Generalized Land Use Map of the Comprehensive Plan, it is found that since the adoption of the Generalized Land Use Map there have been significant changes in the area including most notably the approval of the Family Center Shopping Center, which abuts the subject property to FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 4 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) the north, and a denser residential designation provides a good transitional land use between the shopping center and adjacent church and residential subdivision properties, and is compatible with the Boise Area of Impact designation of Medium Density Residential to the east of the subject property. 13. The requested amendment is compatible with the written text of the Meridian Comprehensive Plan in that the reclassification of this property to Mixed Residential meets several goals and policies of the City of Meridian Comprehensive Plan, including Goal 2:... the provision of services and the distribution of new housing units within the Urban•Service Planning Area; 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; and Goal 9: To encourage a balance of land use patterns to insure that revenues pay for services. It meets General and Residential Land Use and Housing Policies in the Comprehensive Plan by the designation of the property as-Mixed Residential, including General Policy 1.5U: Encourage a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community; ResidentialPolicy 2.1U: Support a variety of residential categories (urban, rural, single family, multi family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 5 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) ~. housing opportunities; Residential Policy 2.5U: Encourage compatible infzll development which will improve existing neighborhoods; and Housing Policy 1.4: The development of housing for all income groups close to employment and shopping centers should be encouraged. 14. Mixed Residential is not defined in the Comprehensive Plan, nor are any performance standards in place for this designation. 15. Granting the request would allow higher density multi-family dwellings adjacent to existing single-family homes in the northeast corner of Crossroads Subdivision as well as future single family dwellings to the south. 16. The Applicant proposes the proposed apartment complex use of the site would most likely require an R-15 zone if it is annexed to the City of Meridian in the future. 17. In order to develop the parcel there are no other solutions in order to have zoning compatible to the Comprehensive Plan but to amend the Generalized Land Use Map component as applied for herein. 18. It has been more than six (6) months prior to the date of the receipt of the Recommendation of the Planning and Zoning Commission in this matter; that the Commission has recommended amendments to the Land Use Map component of the Comprehensive Plan to the City Council. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 6 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) 19. The proposed designation change within the subject application would, in fact, require an amendment to the Comprehensive Plan as determined by City policy. CONCLUSIONS OF LAW 1. All the procedural requirements of the Land Use Planning Act and of the Comprehensive Plan of the City of Meridian were met including: notice of the time, place, and a summary of the proposed amendment to the-Plan, the publication of which was fifteen (15) days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code § 67-6509(b)). -2. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.C.f § 67-6509). 3. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Land Use Planning Act" except the power ,~ to adopt ordinances by the establishment of a Planning and Zoning Commission by FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 7 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARK DEVELOPMENT/BILL CLARK (CPA-99-003) ~` ordinance,pursuant'to Idaho Code § 67-6504 which the-City Council of the City,of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 4. The City Council or any group or person may petition the Planning and Zoning Commission for a plan amendment at any time. The following requirements, time tables, and procedures to amend Meridian's Comprehensive Plan at pages 78 - 79 must be satisfied: A. Application to amend the Comprehensive Plan may be filed with the Planning and Zoning Commission at any time. B. The Applicant will submit a letter for a Plan amendment which will contain the following; 4.B.1 Specific definition of the change requested. 4.B.2 Specific information on any property involved.. 4.B.3 The condition or situation which warrants a change being made in the Plan. 4.B.4 The public need for and benefit from such a change in the Plan. 4.B.5 Documentation that no other solutions to the problem are presented by the current policy of the Plan are possible or reasonable. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 8 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN~GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) .. 4.B.6 Development intentions for any land involved. 4.B.7 Any other data and information needed by the Planning and Zoning Commission in evaluating the proposal, such as who does it help, who does it hurt, how much is it going to cost and who is going to pay for it. C. No application will be considered until the required information is complete.{ (Meridian Comprehensive Plan Implementation,Chapter, Comprehensive Plan Amendments Section). 5. The Commission may recommend amendments to the land use map component of the Comprehensive Plan to the City Council not more frequently than one every six (6) months. (Idaho Code § 67-6509(d); Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) 6. The City Council may conduct a public hearing in addition to the public hearing conducted by-the Planning and Zoning Commission as provided by Ordinance, prior to adoption, amendment, or repeal of the Comprehensive Plan using the same notice and hearing procedures as the Commission, only after having received the Recommendations from the Planning and Zoning Commission. Idaho Code § 67-6509(b). 7. Th'e Comprehensive Plan of the City of Meridian provides at page 79 in Section F, G and H of the Section entitled,,"Comprehensive Plan Amendments" for FINDINGS OF FACT-AND CONCLUSIONS OF-LAW, PAGE 9 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) r the procedure to be followed by the City Council upon receipt of the Planning and Zoning°Commission's recommendations tows follows: F: Upon receipt of the Planning and Zoning Commission's recommendations on Plan amendments, the City Council will set a date for public hearing on the application. At the public hearing, the proposed amendments will be presented and the City Council will receive the report of~is Committee, if one has been appointed, and public testimony on each application. G: At the public hearing or within 45 days thereafter, the City Council shall approve or deny the application (except that with the written agreement of the applicant, an additional amount of time, which shall be specified, may be taken). All applicants shall be notified by mail of the City Council's decision and the decision shall be supported by findings of fact and conclusions of law. If the City Council makes a material change in the proposed plan amendment it shall conduct one additional public hearing prior to adopting the proposed amendment as changed and may alter its findings of fact and conclusions of law. H: All applications for Comprehensive Plan amendments shall be acted upon by the City Council within 16 months from their date of filing unless, upon written agreement of the applicant, an additional amount of time may be specified, or unless the provisions of .Section (1) are applicable requiring additional time for study. 8. The Meridian Comprehensive Plan applies to the Meridian Area of City Impact and the coordination of amendments and zoning applications in the Impact Area are as follows: `FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 10 OF 16 DECISION AND ORDER AMENDING- COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) 1-l 1-6 Meridian Cit~Code: Coordination ofAmendments and Zoning Applications: i "A. County and City Coordination: All applications for Ada County.and Meridian amendments to their respective comprehensive; plans and implementing ordinances which apply within the area of City impact shall be sent by the entity considering such amendment to the other entity. A separate referral process shall ~be adopted by resolution by each entity regarding procedures and time.: periods for, and the effect of, sending such amendments, and such resolution.may be amended from time to time upon mutual agreement in writing by Ada County and the City. .. B. Applications To City: All Ada County applications for planned developments, subdivisions, rezones, private roads, and conditional use permits within the area of City impact shall be sent to Meridian; in accordance with the referral process arrived at pursuant to subsection A of this Section." 9. To change a designation from Single Family Residential to Mixed Residential requires approval by the Planning and Zoning Commission as provided under the City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan Amendments Section. ' 10. Upon review of an amendment application relating to land. use designations, the Council should take the following objectives into account: 10.1 Mixed-planned uses along the I-84 corridor, which are attractive and compatible with high-volume traffic corridors. 10.2 Designating ample land for urban expansion and infill. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 11 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) • 10.3 Quality residential neighborhoods, north, south, east, and west of Old Town. 10.4 Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. 10.5 Buffers to the waste treatment plant. 10.6 Adequate school and park sites for quality living. 10.7 The importance of maintaining compatible land uses to ensure an optimum quality of life. 10.8 Respect for the responsibilities and rights of land ownership. 10.9 Reinforce the role of the City in regulating the use of land resources for the benefit of future generations. 10.10 Plan for multiple use of public facilities wherever feasible. 11. Upon review of an amendment application affecting residential designations, the Council should take the following policies into account: 11.1 Support a variety of residential categories (urban, rural, single- family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. 11.2. Support strategies for the development of neighborhood parks within all residential areas. 11.3 Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 12 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) ~, 11.4 Encourage sidewalks and paved streets for all existing neighborhoods through joint ACHD/Local Improvement District programs. 11.5 Encourage compatible infill development, which will improve existing neighborhoods. 12. The requirements for a Comprehensive Plan are set forth in I.C. § 67- 6508. The statute provides in part~that: "The plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component. The maps and charts are based on the components of the written plan." DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, .the City Council does hereby Order and this does Order that: 1. The Applicant's request for Comprehensive Plan Amendment to the Generalized Land Use Map Component to change the real property described in Finding of Fact no. 3 from a Single Family Residential designation to a Mixed Residential designation is granted. 2. The City Attorney is directed to prepare for consideration by the City Council the appropriate Resolution directing the Comprehensive Plan Land Use Map FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 13 OF 16 DECISION AND,ORDERAMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003)' t • z Component change of the subject'real propertybfrom Single Family Residential to Mixed Residential designation. 3. Subsequent to the passage of the Resolution, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with this Order and the provisions of the Resolution. 4. The City Clerlc-is to notify and provide a certified copy of the Resolution to the appropriate Ada County officials to notify them of the Comprehensive Plan amendment. R FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 14 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK-(CPA-99-003) s • 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 being a person who has an interest"in real property which may be adversely affected by the issuance or denial of the Comprehensive Plan Land Use Map change 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 day of 1999. ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD VOTED VOTED VOTED COUNCILMAN CHARLIE ROUNTREE VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 15 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENT/BILL CLARK (CPA-99-003) r MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department, appropriate Ada County officials; and the City Attorney. ~. By: Dated: City Clerk ms~Z:\Worlc\M\Meridian 15360M\Terrace Lawn\FfC1DecOrdCPA r FINDINGS OF FACT AND CONCLUSIONS OF LAW, ~ PAGE 16 OF 16 DECISION AND ORDER AMENDING COMPREHENSIVE PLAN GENERALIZED LAND USE MAP - CLARI~ DEVELOPMENTIBILL CLARK (CPA-99-003) • u.~ =~.~ TEALEY'S .LAND 915 West Jefferson Street .;Boise. idano E3702 S U R V EYf NG (2t18>.3gs-asas Fax (248) 385-fl696 4 Project No.: 1882 Date: June 16, 1999 DESCRIPTION FOR TIM GIBSON MERIDIAN REZONE PARCEL-EAST PARCEL 7 A portion of Tracts "B & C" of Terrace Lawn Ivlemoriai Gardens, Inc. Cemetery Traet situated in the IVW '/, of the NE '/< of Section 9, T.3N., R.1 E., Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the North '/~ corner of said Section 9; thence along the North- South center of section line of said Section 4 South 0°48'35" West 1326.24 feet to the Southwest corner of the N'~'V'/. of the NE ;, of said Section 9; thence along the South line of the NW '/, of the NE '/. of said Section 9 South 89°21' 18" East 640.77 fect THE POINT OF BEGINNING; thence continuing South 89°2l' 18" East 695.0$ feet to the Southeast corner of the NW '/, of the Ir'E '/. of said Section 9; thence along the East line of the NW '/, of the NE '/. of said Section 9 North' Q°31'38" East 319.20 feet to a point; thence leaving said East sine North $9°35'00" West 693.52 feet to a point; thence along a Line parallel to the North-South center line of said Section 9 South~0°-18'35" West 316.44 feet to THE POINT OF BEGINNING , Said parcel contains- 5.066 acres, more or less. °EXHIBIT "A" . " Page 1 of 2 CPA-99-003 _ .- h` _ _~ ri~~ r?PJt'- - ~,~-- 1~ ~~ ; ~x~. Sri ~~~~4`. '1'-'Y ~~~_ _ _ - -' - ~ _ - - ~ - V 1 ~.~11 i a _._ ,.~~ ~: „_ i TEALEY'S LAND 915 West Jefferson Street • Boise, Itleho 83702 SURVEYING (208} 385-0636 Fax {208) 385-Ofi96 Proiect No.: 188? Date: June 16, 1999 DESCRIPT70N FOR TIM GIBSON MERIDIAN REZONE PARCEL -WEST PARCEL 3 A portion of Tracts "C ~ D" of Terrace Lawn Memorial Gardens, Inc. Cemetery Tract situated in the Iv'~~' '/4 of the NE :. of Section 9, T.3N., R.1 E., Boise Meridian, Ada County, Idaho, more particularly descrioed as fo}lows: Cottunencing at tae North'/d corns of said Section 9; thence along the North-South enter or section line of said Section 9 South 0°48'35" West 87] .76 feet to THE POINT OF BEGINNING; thence continuing South 0°48'35" Wcst 453.48 feet to the Southwest corner of the NW '/~ of the. ivE ;~. of said Section 9; thence song the Soutl: line of the Nom' '/< of the NE '/. of said Section 4 South 89°21' 18" East 640.77 feet to a point; thence leaving said South line along a line paralle} to the North-South center line of said Section 9 ?~+orth 0°48'35" East 456.04 feet to a point; thence 'worth 89°35'UO"West 640.79 feet to THE POINT Off' BEGINNING Said parcel contains 6.690 acres, more or les9. N I,1. L,~~ G a ~~ o ° ~~~'~°og t~~~~ ~I~ EXHIBIT "A" Page 2 of 2 CPA-99-003 • i RESOLUTION NO. BY: A RESOLUTION FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A"WRITTEN APPLICATION FOR THE AMENDMENT OF THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES PARTIALLY WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN AND PARTIALLY WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTAAI. DESIGNATION TO A MIXED RESIDENTIAL DESIGNATION" AND REPEALING ALL ORDINANCES, RESOLUTIONS ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE MAPPING CHANGES OF THE OFFICIAL COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE CITY CLERK TO NOTIFY AND PROVIDE A CERTIFIED COPY OF THE RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section 1. Findings: 1. The owner of the following described property has made a written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map Component change from a Single Family Residential designation to a Mixed Residential designation. 2. The City of Meridian Planning and Zoning Commission and the City Council having given notice and conducted all public hearings in accordance with law, and having duly notified Ada County of said application and having received their comments, and having issued its Findings of Fact. and Conclusions of Law, Decision and Order Granting the Application; and RESOLUTION -PAGE 1 OF~3 • { f 3. The Real property which is the subject of this resolution is legally described as follows: See attached Exhibit "A" consisting of 2 pages: the first page designated as Tealey's Land Surveying, Project No. 1882, Date: June 16, 1999, Description for Tim Gibson, Meridian Rezone Parcel -West Parcel 3, and the second page designated as Tealey's Land Surveying, Project No. 1882, Date: June 16, 1999, Description for Tim Gibson, Meridian Rezone Parcel -East Parcel 7. Section 2. The above described real property be and the same is hereby re- designated on the Comprehensive Generalized Land Use Map from Single Family Residential to Mixed Residential. P Section 3. The engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with the provisions of the Resolution. Section 4. The .City Clerlc is to notify and provide a certified copy of the resolution to the appropriate Ada County officials to notify them of the comprehensive plan amendment. Section 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 1999. RESOLUTION -PAGE 2 OF 3 &> • . APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 1999. Mayor ATTEST: City Cleric STATE OF IDAHO, :ss. County of Ada, ) On this day of , 1999, before me, the undersigned, Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: F msg/Z:\WorIcWl\Ivleridian 15360Ni\Terrace Lawn\Resolution.CPA RESOLUTION -PAGE 3 OF 3 s L • ZEALEY'S LAiVD SURVEY}NG .~: i 915 West Je*ie~son Street - 8o,se. iaanc` E37p2 (208)' 385-0636 Fax (208) 385-0666 Proje;.I No.: 18$2 Date: June 16, 1999 ' a DESCRIPTION FOR ~ TIM GIBSON MERInIAN REZONE PARCEL-EAST PARCEL ? rl portion of Tracts "B & C" of Terrace La~vn Ivtemorial Gardens, Inc. Cemetery Tract situated in the NW'/, of the NE'/d of Section 9, T.3N:; R.IE., Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Noah „tamer of said Section 9; thence along the Nonh- South center of section line of said Section 9 r South 0°4$'35" West 1325.24 fee: to the Southwest corner of the NW '/. of the NE J4 of said Sectir?n 9; thence along the South Line of the 1~jW '/. or" the NE '/. of said Section 9 South $9°21'18" East b~0.7i feci THE POINT OF BEGINNING; thence continuing South 89°21' I S" F..ast 695.08 feet to the Southest corner of the NW ;~, of the NE 1/< of said Section 9; thence along the East Iine of the NW 1/, of the NE %. of said Section 9 -- North 0°31'38" East 319.20 feet to a point; thence leaving said East line North 89°35'00" West b93.52 feet to a point; thence along a Iine parallel to the North-South center line of said Section 9 South~0°-X8'35" Rest 3 i6.~4 feet to THE POINT OF BEGINNING , Said parcel contains 5,066 acres, more or less. ~~ ~ `~ "' ~ '~j O .e ? $~ ~ ~~~oP ~r~. ~K,(94 ~~'~ A. TE'`~. EXHIBIT "A" Page 1 of 2 CPA-99-003 ,- - x .~~ ._~ d _ i ,! f ~ • ° ri T~A~Li=Y'S SAND 9~s YVest ~eiferscn tree! • 3o~se, ~aano 83702 SZIRVEYiNG czae} 3as-0636 Fax (2!)8) 385-0696 Proiect No.: 188? Date: ~ une 16, 1999 DESCRIPTION FOR TIM GIBBON MERIDIAN REZONE P:3RCEL -WEST PARCEL 3 A portion of Tracts "C ~ D" of Terrace Lawn Memorial Gardens, Inc. Cemetery Tract situated in the I~'EL' ;% or the NE :: of Section 9, T.3N., R.IE., Boise Meridian, Ada County. Idaho, more particularly descritsed as follows: Commencing at the North '~= corner of said Section °; thence along the North-South ' c°nter of section line of said Section 9 South 0°48'35" West 87] .76 feet to THE POINT' OF BEGINNING; thence continuing South 0°48'3S" Wcst 43.48 fee: to the Southtivest corner of the NW '/< ofthe ~+E ;-; of said Section 9; thence Slone the South line of the Nu' '/< of the NE '/< of said Section 9 ' South 89°? 1' 18" East 6=0.77 f et to a point; thence IeavinQ said South line along a line para]lel to the North-South center line of said Section 9 :tiorth 0°=l8'~~" East 456.04 fee*_ to a point; thence ?north 89°35'00" West b40.79 feet to THE POINT Off' BEGINNING Said parse! contains 6.60 acres, mare or less. EXHIBIT "A" Page 2 of 2 CPA-99-003 i>}- ~o ~s~, G to '-C O ~ \dA. 't'~~'~ W ~. - a • CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN A RESOLUTION FINDING THAT THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN APPLICATION FOR THE AMENDMENT OF~ THE MERIDIAN COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT FOR THE DESIGNATION OF REAL PROPERTY THAT LIES PARTIALLY WITHIN THE BOUNDARIES OF THE CITY OF MERIDIAN AND PARTIALLY WITHIN THE IMPACT AREA OF THE CITY OF MERIDIAN FROM "SINGLE-FAMILY RESIDENTIAL DESIGNATION TO A MIXED RESIDENTIAI. DESIGNATION" AND REPEALING ALL ORDINANCES, RESOLUTIONS F ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO PREPARE THE APPROPRIATE MAPPING CHANGES OF THE OFFICLA.L COMPREHENSIVE PLAN GENERALIZED LAND USE MAP COMPONENT AND DIRECTING THE CITY CLERK TO NOTIFY AND PROVIDE A CERTIFIED COPY OF THE RESOLUTION TO THE APPROPRIATE ADA COUNTY OFFICIALS. BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section 1. Findings: 1. The owner of the following described property has made a written application for a real property designation Comprehensive Plan Amendment to the Generalized Land Use Map change from a Single Family Residential designation to a Mixed Residential designation. 2. The City of Meridian Planning and Zoning Commission and the City Council having given notice and conducted all public hearings iri accordance with law, and having duly notified Ada County of said application and having received their comments, and having issued its Findings of Fact and Conclusions of Law, Decision and Order Granting the Application; and 3. The Real property which is the subject of this resolution is legally described as follows: ~. See attached Exhibit "A" See attached Exhibit "A" consisting of 2 pages: the first page designated as Tealey's Land Surveying, Project No. 1882, Date: June 16, 1999, Description for Tim Gibson, Meridian Rezone Parcel -West Parcel 3, and the ,. ~ v second page designated as Tealey's Land Surveying, Project No. 1882, Date: June 16, 1999, Description for Tim Gibson, Meridian Rezone Parcel -East Parcel 7. Section 2. The above described real property be and the same is hereby re- designated on the Comprehensive Generalized Land Use Map from Single Family Residential to Mixed Residential. Section 3. The engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official Comprehensive Plan Generalized Land Use Map component in conformance with the provisions of the Resolution. Section 4. The City Clerk is to notify and provide a certified copy of the resolution to the appropriate Ada County officials to notify them of the comprehensive plan amendment. Section 5. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication, according,to law. William G. Berg, Jr. City Clerk STATE OF IDAHO, ) :ss: County of Ada, ) On this day of , in the year 1999, before me, a Notary Public, appeared WILLIAM '` G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires: msg/Z:\Work\M\Meridian 15360M\Terrace Lawn\CertofClk.CPA ` e T~ALEY'S-LAND SURVEYING ?;oiect `o.: 188? Date ` ~ une 16, 1999 915 'vVest Jefferson Street • Boise, lCi2n0 83702 (21)8) 385-0636 . ~ Faz (208) 385-0696 DESCRIPTION ' FOR TIM GIBSOtN ' MERIDL4.l\' REZONE PARCEL -WEST PARCEL 3 A portion of Tracts "C ~ D" of Terrace Lawn Memorial Gsrdens, lne. Cemetery Tract situated in the ?dtt~' '/4 of the NE :. of Section 9, T. ~N., R.1 E., Boisc Meridian, Ada County. Idaho, more particularly descrir~d ss follows: Commencin¢ at tae North `/= corncr of said Section 9; thence along the North-South enter of section Iine of said Section 9 South 0°48'35" West 87l .76 feet to THE PC3INT OF BEGIl\`NING; thence continuin¢ South 0°48'3" tVcst 463.4$ fist to the Southwest corner of the NW '/a of the NE ;, ' of said Section 9; thence slong the South line of the ItiTVJ '/< of the NE '/< of said Section 9 South 89°? 1' 18" East 640.77 feet to a point; thence leavirig said~South line along a line parallel to the North-South center Iine of said Section 9 North 0°=l8' ~~" East 456.04 tee*_ to a point; thence North 89°35'UO" West b40.79 feet to THE POINT Oir' BEGINNING Said parcel contains 6.60 acres, more or less. ", < _ `~ EXHIBIT "A" Page 2 of 2 CPA-99-003 F~ ~~~ p ~G AC t~ a., -C O l~ - -- _ TcALEY'S LAND SURVEYING ` Project No.: 188: Date: June 16, 1999 . ~ 915 West .;eiierson Street • Bose. ~aano E3702 (Z48) 385-4636 +~ Fax (248) 385.46~fi ' ~ DESCRIPTION - FOR TIM GIBStJN - MERIDIAN REZONE PARCEL-EAST PARCEL A portion of Tracts "B 8~ C" of Terrace Lawn IVtemorial Gardens, Inc. Cemetery Tract situated in the Iv'W '/. of the NE '/< of Section 9, T.31v., R. IE., Boise Meridian, Ada County; Idaho, more particularly described as follows: Commencing at the North ;, corner of said Section 9; thence alone the North- South center of section Line of said Section 9 South 0°48'35" West 1325.24 feet to the Southwest come: of the NW '/a of the NE ;, of said Section 9; thence along the South Iine of the NW '/, or- the NE :: of said Section 9 South $9°21' I $" East 640.77 fect THE POINT OF BEGINNING; thence continuing South'89°21 ~18" East 695.08 feet to the Southeast corner of the Nu' ;', of the NE ;'~ of said Section 9; thence along the East line of the NW 1/, of the NE %. of said Section ` 9 _ North 0°31'38" East 319?0 feet to a point; thence leaving said East line North 89°35'00" West b93.52 feet to a point; thence along a Iirte parallel to the North-South center line of said Section 9 South~0°48'35" `,Vest 3i6.4~ ftr6t to THE POINT OF BEGINNING , Said parcel contains 5.066 acres, more or less. `~YD 1 ~ ~ ~~ .t? ~0~ \~~'~a~ ~or~, ~~,~94 ~.~'~ A. 'fE''`' EXHIBIT "A" Page 1 of 2 CPA-99-003 ., , ** TX CO TION REPORT ** AS OF NOV;. l~w ?.32 ~ 51 -RAGE.. 01 CITY OF MERIDIAN DATE TIME TOiFROM MODE 05 11116 12 45 206 342 2627 MINiSEC PGS CMD# STATUS _ ______-__ EC--S 06'22" 016 226 OK i ------------------------------------------- November iZ, 1999 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 16 1999 APPLICANT:. CLARK DEVELOPMENT ITEM #: 9 REQUEST: CPA FROM ciur_i G reMll V occin~.~t... __ _ -..__ . AGENCY COMMENTS CITY CLERK: CITY ENGINEER: Post-it' Fax Note 7671 ~e~ 11 ~~ peges~ 2~ CITY PLANNING DIRECTOR: To i~~i From CITY ATTORNEY: OoJD~'t~tt.+-~ ~ co. ~~ ~I ~O"e # Phone x CITY POLICE DEPT: - Fax~ ~'4Z.. ~Z Faxa CITY FIRE DEPT: CITY BUILDING DEPT: CRY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE:. ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN. IRRIGATION: SETTLERS IRRIGATION: -- 1DAH0 POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: • t All Materials presented at public meetings shall become property of the City of Meridian, • ti • 0 CLARK DEVELOPMENT October 18, 1999 Mr. Robert Corrie Mayor City of Meridian 33 E. Idaho Meridian, Idaho 83642 RE~E~D ocr , s ,sss CITY OF MERIDIAN Re: Application For Comprehensive Plan Amendment -CPA -99-003 -Terrace Lawn Dear 1VIr. Corrie: The above referenced application was recommended for approval by the Planning and Zoning Commission at its meeting of September 30``' and is scheduled to be heard by the City Council on November Some of the neighboring property owners have voiced some concern about several aspects of this application. We are working with the neighbors in an attempt to address their concerns and anticipate that this effort will require at least several weeks for full discussion. For this reason I am requesting that the City Council hearing for this application be deferred until December 7~'. - - Please let me know if you have any questions or concerns about this request. Sincerely, .. wl . Bill Clark cc: Ray Yelhe, President, Crossroads Subdivision Homeowners Association Will Berg, City Clerk Shari Stiles, City of Meridian ' 479 Main Street, Boise, Idaho 83702. 2081342-2625 • Fax 2081342-2627 • clarkdev@micron.net I WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW KATHY J. EDWARDS NAMPA OFFICE JULIE KLEIN FISCHER WM. F. GIGRAY III 200 EAST CARLTON AVENUE 104 NINTH AVENUESOUTH , D. SAMUEL JOHNSON - POST OFFICE BOX I I SO POST OFFICE BOX 247 WILLIAM A. MORROW MERIDIAN, IDAHO 83680-11$0 NAMPA, IDAHO 836$3-0247 W ILL[AM F. NiCHOLS TEL. (208) 466-9272 CHRISTOPHER S. NYE TEL (208) 288-2499 FAX (208) 466-4405 PHILIP A. PETERSON FAX (208) 288-2$01 STEPHEN L. PRUSS PLEASE REPLY TO ERIC S. ROSSMAN MERIDIAN OFFICE TODD A. ROSSMAN R. STEPHEN RUTHERFORD DAVID M. SWARTLEY TERRENCE R. WHITE E-MAIL: RSR@WPPMG.COM REcErvE~ ~OCT 28 1999 October 27, 1999 CITY OF MERIDIAN William G. Berg, Jr. City Clerlc Meridian City Hall 33 East Idaho `\, Meridian, Idaho 83642 ,~ Re:~ Comprehensive Plan Amendment, Single family Residential to Mixed Residential Terrace Lawn Memorial Applicant: Clark DevelopmentJBill Clark Dear Will: Please find enclosed the original of the Recommendations to the City Council by the Planning and Zoning Commission on the above referenced application. Please note this matter will be heard before the City Council on November ~, 1999. Shari Stiles and Gary Smith have been given copies of the above Recommendations so they can be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. Very truly yours, s - +~ , _, s° ' ~:~ R.'Stephen Rut rford Enclosure ey/Z:\work\M\Meridian 15360M\Terrace Lawn\CclkEnc.ltr ;,x m* TX CONFIRMATION REPORT ** AS OF OCT 25 '99 11 48 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD#t STATUS 03 1025 11 48 PUBLIC WORKS OF--S 00'27" 001 083 OK 0 CLARK DEVELOPMENT October 18, 1999 Mr. Roben Corrie Mayor City of Meridian 33 E. Idaho Meridian, Idaho 83642 R~cE'~D O C T 1 9 1999 CITY OF MERIDIAN Re: Application For Comprehensive Plan Amendment -CPA -94-003 -Terrace Lawn Aear Mr. Corrie: The above referenced application was recommended for approval by the Planning and Zoning Commission at its meeting of September 30"' and is scheduled to be heazd by the City Council on November 3"'. Some of the neighboring property owners have voiced some concern about several aspects of this application. We are working with the neighbors in an attempt to address their concerns and anticipate that this effort will require at least several weeks for full discussion. For this reason I am requesting that the City Council hearing for this application be deferred until December 7'". Please let me know if you have any questions or concerns about this request Sincerely, (~, ~ w l ~~IGGiI'f/ Bill Clark cc: Ray Yelhe, president, Crossroads Subdivision Homeowners Association Will Berg, City Clerk Shari Stiles, City of Meridian r~19 Mein Street, 8oisc, Idaho 85702.2081342.2625 • Fay 20sti42 2627 . rlarkdev~micron.ne[ ,.., Meridian City Council Meeting November 3, 1999 Page 40 Rountree: t -move that we have city attorney prepare Findings of Facts and Conclusion`s of Law and incorporating recommendations from Planning and Zoning and that they indicate the testimony presented here this evening as it' ` relates~to the applicant agreeingto the requiremenfi of a CUP for any development in this area along with development agreement. Currie: ~ Okay. ~_ ; _ .~ Bird: Second. ,.. Currie: Motion is made and seconded that we have the attorney draw up Findings"of Facts and Conclusions of Law andrecommend to the Planning and Zoning and CUP and development agreement on-Item 18. Any - M[. Gigray. Gigray:- Just a point,of information for the ,Council. Given the motion, and I ` assume if it passes, I will provide in the Findings which you'll get a chance to look at, that those.=that the development-agreement and the CUP will follow in those applications'because our legal authority to require development agreement will be in the rezone designation portion. I think that's basically kind`of how it was handled by the Planning and. Zoning recommendations, and 1 intend to follow that lead if-.that's agreeable. Rountree: That's fine. Currie: Any further discussion? Hearing none, roll-call vote; Mr. Rountree. Rountree: Aye. Currie: Mr. Bird, Bird: Aye. Currie: Mr. Bentley. Bentley: Aye. MOTION CARRIED: ALL AYES ITEM 21..~,.~ PUBLIC HEARING: REQUEST FOR~COMPREHENSIVE PLAN y~~nAMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO MIXED RESIDENTIAL FOR.TERRACE LAWN`MEMORIAL GARDENS, 1NG..BY.CLARK-DEVELOPMENT/BILL CLARK -SOUTH OF FAIRVIEW AVENUE BETWEEN.-EAGLE ROAD & CLOVERDALE: -~~ ~_ a -~ v~ ~,.~ Meridian City Council Meeting November 3, 1999 Page 40 Rountree: I move that we have city attorney prepare Findings of Facts and Conclusions of Law and incorporating recommendations from Planning and Zoning. and that they indicate the testimony presented here this evening as it relates to the applicant agreeing. to the` requirement of a CUP for any development in this area along with development agreement. Corrie: Okay. Bird: Second. Corrie: Motion is made and seconded that we have the attorney draw up Findings of Facts and Conclusions of Law and recommend to the Planning and Zoning and CUP and development agreement on Item 18. Any - Mr. Gigray. Gigray: Just a point of information for the Council. Given the motion, and I assume if it passes, I will provide in the Findings which you'll get a chance to look at, that those -that the development agreement and the CUP will follow in those applications because our legal authority to require development agreement will be in the rezone designation portion. I think that's basically kind of how it was handled by the Planning and Zoning recommendations, and I intend to follow that lead if that's agreeable. Rountree: That's fine. Corrie: Any further discussion? Hearing none, roll-call vote; Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Bentley. Bentley: Aye. MOTION CARRIED: ALL AYES ITEM 21. ~: PUBLIC HEARING:~~REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO MIXED RESIDENTIAL: FOR~TERRACE LAWN`MEMORIAL GARDENS, INC:_BY.CLARK-DEVELOPMENT/BILL CLARK -SOUTH OF FAIRVIEW.AVENUE BETWEEN EAGLE ROAD& CL'OVERDALE: ' Meridian City Council Meeting November 3, 1999 Page 41 Corrie: We'll move to 21 and we'll come back to 19 and 20 then. Item 21 is a public hearing: Request for Comp"rehensive Plan Amendment from single-family residential to mixed residential for Terrace Lawn Memorial Gardens, Inc. by Clark Devefopment/Bill Clark south of Fairview Avenue between Eagle Road and Cloverdale. At this time, I'll open the public hearing on Item 21. Staff, comments first? Stiles: Mr. Mayor and Council, I think these people also left as they were told this was going to be continued. Corrie: Okay. Stiles: The Findings that were prepared that would need to reflect that this is for Clark Development/Terrace Lawn instead of J-U-B Engineers. I don't find in these Findings that we would support amixed/planned use development but not the mixed residential as we have zero standards for mixed residential. We don't even have a definition for a mixed residential area. It does list our comments, but in there, in Conclusions of Law, it's not specific that it is designated mixed residential -mixed/planned use development into the mixed residential they requested which I believe was what Planning and Zoning Commission approved. This application would also require a plat to be prepared. It's all part of the same parcel as the previous application. Corrie: Okay. Any questions to Shari? Bird: I have none. Corrie: This is a public hearing. Anyone else that would like to issue testimony on this request for Comprehensive Plan Amendment, Item 21? Okay. Hearing none, I'll entertain a motion to close the public hearing on Item 21. Rountree: So moved. Bird: Second. Corrie: Motion made and seconded to close the public hearing on Item 21. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay. Discussion? Bird: I have none. Corrie: Okay. I'll entertain a motion then for the request on Item 21. .. Meridian City Council Meet - November 3, 1999 Page 42 Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I move that we have Findings of Facts and Conclusions of Law to reflect the recommendations from Planning and Zoning_and the recommendations from the Planning Administrator that would indicate that the reference should be to Clark Development/Bill Clark, not J-U-B, and the zoning be described that the City would support mixedlplanned use development. Bird: Second. Corrie: Motion made by Mr. Rountree, seconded by Mr. Bird to have the attorney draw up Findings of Facts and Conclusions of Law with the recommendation of the Planning and Zoning and Planning Administrator and the other modifications as stated in the motion. Further discussion? .Bird: I have none. Corrie: Hearing none, roll-call vote; Mr. Rountree. Rountree: Aye. Corrie: Mr. Bird. Bird: Aye. Corrie: Mr. Bentley. Bentley: Aye. MOTION CARRIED: ALL AYES 22. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE FAMILY RESIDENTIAL TO MIXED/PLANNED USE DEVELOPMENT (TOUCHMARK LIVING CENTERS, INC.) BY JOSEPH A. BILLIG/WATERFORD DEVELOPMENT & CONSTRUCTION COMPANY-EAST OF ST. LUKE'S BETWEEN I-84 AND FRANKLIN ROAD: Corrie: Item 22 is a public hearing: Request for Comprehensive Plan Amendment from single-family residential to mixed/planned use development, Touchmark Living Centers, Inc. by Joseph A. Billig/Waterford Development & Construction Company. At this time, I'll open the public .hearing on Item 22. Staff comments? 1 1 r ~ ~ ~ • October 29, 1999 } r MERIDIAN CITY COUNCIL MEETING: NOVEMBER 3` 1999 e 1 APPLICANT: CLARK DEVELOPMENT ITEM #: 21 ' REQUEST:. CPA FROM SINGLE FAMILY RESIDENTIAL TO MIXED USE FOR TERRACE LAWN MEMORIAL GARDENS AGENCY COMMENTS CITY CLERK: SEE LETTER FROM APPLICANT + CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: C{TY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: i IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: 'All Materials presented at public meetings shall become property of the City of Meridian. SEE FINDINGS, DECISION AND RECOMMENDATIONS A F~Gi~I P`~ ~n ~~ ~~ ~~ BEFORE THE PLANNING AND ZONING COMMISSION OF i THE CITY OF MERIDIAN In the Matter of the Request for COMPREHENSIVE PLAN. AMENDMENT -SINGLE FAMILY RESIDENTIAL TO MIXED RESIDENTIAL FOR THE 4000 BLOCK OF FAIRVIEW AVENUE BETWEEN EAGLE ROAD AND CLOVERDALE ROAD, TERRACE LAWN MEMORIAL CASE NO. CPA-99-003 FINDINGS OF FACT AND , CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION BY CLARK DEVELOPMENT/BILL CLARK The above entitled application for Comprehensive Plan amendment having come on for public hearing on September 30, 1999, at the hour of 6:30 p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of the time, place, and a summary of the proposed amendment plan to be discussed at the September 30, 1999, hearing was published fifteen (15) days prior to said hearing; copies of all notices were made available to newspaper, radio; and television stations; the matter was duly considered at the September 30, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT J-U-B ENGINEERS, INC., -EAGLE ROAD - 1 1999, public hearing; and the public was given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in the City of Meridian Comprehensive Plan and Idaho Code § 67-6509. 3. The property which is the subject of the application for amendment is described in said application and by this reference is incorporated herein as if set forth in full. 4. The Applicant is Clarlc Development/Bill Clark, of 479 Main St. Boise, Idaho. The Applicant filed a written Comprehensive Plan amendment application. 5. Pursuant to the application, the affected property is generally described as an 11.76 acre parcel south of Fairview Ave. midway between Eagle Rd. and Cloverdale Rd. 6. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary. 7. The Applicant requested the Comprehensive Plan amendment and the application was not initiated at the request of the City of Meridian. 8. The proposed application requests a Comprehensive Plan amendment to change the designation of the subject property from Single Family Residential to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT J-U-B ENGINEERS, INC., -EAGLE ROAD - 2 Mixed Residential . The designation change requires an amendment to the Comprehensive Plan of the City of Meridian as requested by the Applicant Meridian Comprehensive Plan, pg. 78-79). 9. The Applicant testified at the public hearing that the particular characteristics of the affected property make the amendment desirable. (City of 10. The Assistant to the City Engineer, Bruce Freclcleton, and the Assistant Planner, Steve Siddoway, submitted comments by and through a Memorandum dated September 28, 1999, and Bruce Freckleton and Shari Stiles, Planning and Zoning Administrator submitted comments by and through testimony during the September 30, 1999, public hearing on this matter. Such report and comments are hereby incorporated herein, as follows: 10.1. PROPOSED & POTENTIAL USES OF THE PROPERTY: The applicant has requested changing the parcels ~to a Mixed Residential designation. "Mixed Residential" is not defined in the Comprehensive Plan, nor are any performance standards in place for this designation. Uses that could potentially be proposed in the Mixed Residential district include apartments, boarding or lodging houses, child care centers, mobile home parks, and planned residential development. 10.2 COMPATIBILITY ~ DESIGN ISSUES: Granting the request would allow higher density multi-family dwellings adjacent to existing single-family homes in the northeast corner of Crossroads Subdivision as well as future single family dwellings to the south. Consideration for adequate buffering of the existing and future residences would need to be carefully considered during future detailed plan reviews. The proposed use would be compatible with the zoning on the parcel to the east, which is zoned for Medium Density Residential R-15 (in Boise's impact area). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COIVIPREHENSIVE PLAN AMENDMENT J-U-B ENGINEERS, INC., -EAGLE ROAD - 3 ~ ~ The proposed apartment complex use of the site would most I likely .require an- R-15 zone if it is annexed to the City of f ture: The R- 15 zone re wires direct access to a Mendian in the u q transportation arterial or collector and direct access to a park or dedicated open space corridor. The conceptual plan shows a distance of approximately 800 feet from the south right-of-way of Fairview to the north boundary of this project. Staff questions if this would meet the ordinance intent for "direct access to a transportation arterial." Also, no park or open space corridor is currently provided in the area. 10.3 PUBLIC WORKS ISSUES: The Public Works Department has preliminary plans in this general vicinity for a domestic water well. Sewer would be provided through existing developments. 10.4 OTHER: The property included in this application does not depict a legal parcel. 10.5 The proposed amendment could provide a buffer between proposed commercial development along Fairview Avenue and single-family residences to the south, and is fully compatible with the existing zoning on the property to the east. The proposed development would provide housing for other income groups close to the Family Center, which is an employment and shopping center. It would also provide for a greater diversity of housing types and choices between ownership and rental dwelling units for all income groups in a variety of locations. 10.6 Due to the complete lack of policies in place for the Mixed Residential designation, including even a definition, staff cannot support approval of this Comprehensive Plan Amendment to a designation of Mixed Residential. Although changes are occurring in the area that may make other uses desirable in this location, staff feels the request for a comprehensive plan amendment should not be granted at this time. More detailed policies need to be established regarding the mined residential areas. There are no parks or dedicated open space corridors to support this land use and the transportation system needs further study to see if it can handle the potential traffic generated by this more intense land use. This project would further impact the Crossroads Subdivision, which has already been impacted by the Family FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT J-U-B ENGINEERS, INC., -EAGLE ROAD - 4 • Center development. Also, this would create-very small "spot- zone" of Mined Residential, when all other locations with this designation are currently clustered on the land use map into distinct areas. 10.7 If, however, the Developers Diversified application is approved, staff could support designation of this area as Mixed/Planned Use Development so that all uses are controlled under the conditional use permit process as planned developments. Approval of a change in the land use designation in no way indicates approval of any concept plans presented. 10.8 The Comprehensive Plan analysis from the September 28, 1999 Staff comments are hereby incorporated by reference. 11. The City of Meridian Fire Department's recommendations are hereby incorporated as follows: 11.1 Applicants shall satisfy all fire code requirements including those pertaining to water flow and fire hydrants. 11.2 Applicant shall install appropriate hydrants and provide appropriate water supply. 12. The Ada County Highway District's recommendations are hereby incorporated as follows: 12.1 In accordance with District policy, stub streets to the undeveloped parcels abutting this site maybe required upon review of a future application for this site. 12.2 The subject applicant may be required to extend anorth/south roadway into the site if the roadway is constructed or provide. a stub street to the north property line that could connect with a future roadway from Fairview Avenue to the subject site and aligned with Venture Street. 12.3 The subject applicant shall be required to extend Florence Street into the site as a 3 7-foot' street section with curbs, gutters, and sidewalks within 50-feet of right-of--way. The exact layout of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT J-U-B ENGINEERS, INC., -EAGLE ROAD - 5 • roadway shall be reviewed upon a specific development application. 12.4 The applicant may be required to submit a traffic study upon submittal of a specific development application. 13. The proposed designation change within the subject application would, in fact, require an amendment to the Comprehensive Plan as determined by City policy. CONCLUSIONS OF LAW All the procedural requirements of the Land Use Planning Act and of the Comprehensive Plan of the City of Meridian were met including: notice of the time, place, and a summary of the proposed amendment to the Plan, the publication of which was fifteen (15) days prior to said hearing; copies of all notices were made available to newspaper, radio, and television stations. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code § 67-6509(a)). 2. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.C. § 67-6509). 3. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Land Use Planning Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT J-U-B ENGINEERS, INC., -EAGLE ROAD - 6 6~ ordinance pursuant to Idaho Code § 67-67504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 4. The City Council or any group or person may petition the Planning and Zoning Commission for a plan amendment at any time. The following requirements, time tables, and procedures to amend Meridian's Comprehensive Plan must be satisfied: A. Application to amend the Comprehensive Plan may be filed with the Planning and Zoning Commission at any time. B. The Applicant will submit a letter for a Plan amendment which will contain the following; 4.B.1 Specific definition of the change requested. 4.B.2 Specific information on any property involved. 4.B.3 The condition or situation which warrants a change being made in the Plan. 4.B.4 The public need for and benefit from such a change in the Plan. 4.B.5 Documentation that no other solutions to the problem are presented by the current policy of the Plan are possible or reasonable. 4.B.6 Development intentions for any land involved. 4.B.7 Any other data and information needed by the Planning and Zoning Commission in evaluating the proposal, such as who does it help, who does it hurt, how much is it going FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT J-U-B ENGINEERS, INC., -EAGLE ROAD - 7 to cost and who is going to pay for it. C. No application will be considered until the required information is complete. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section). 5. The Planning and Zoning Commission may recommend amendments to the Comprehensive Plan to City Council not more frequently than every six (6) months. (Idaho Code § 67-6509(d); Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) 6. Upon receipt of a complete application, the Planning and Zoning Commission shall conduct at least (1) public hearing in which interested persons shall have an opportunity to be heard. At least fifteen (15) days prior to the hearing, notice of the time and place and a summary of the plan shall be published. The Commission shall also make available a notice to newspapers, radio, and television stations. (Idaho Code § 65-6509(a)) 7. At said hearing, the proposed amendment shall be presented to the Commission by the Applicant and the Commission shall accept testimony from the public. Within forty-five (45) days of the hearing, the Commission shall make a recommendation to the City Council; supported by Findings of Fact and Conclusions of Law. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section). 8. An Applicant shall be notified of the Commission's decision by mail. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT J-U-B ENGINEERS, INC., -EAGLE ROAD - 8 Any Applicant whose application is denied may appeal to the City Council within thirty (30) days from the date of notification of the decision, by filing a written. appeal stating the reasons for the appeal. (Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan Amendments Section) 9. To change a designation from Single Family Residential to Mixed Residential requires approval by the Planning and Zoning Commission as provided under the City of Meridian Comprehensive Plan, Implementation Chapter Comprehensive Plan Amendments Section. 10. Upon review of an amendment application relating to land use designations, the Commission should take the following objectives into account: 10.1 Mixed-planned uses along the I-84 corridor, which are attractive and compatible with high-volume traffic corridors. 10.2 Designating ample land for urban expansion and infill. 10.3 Quality residential neighborhoods, north, south, east, and west of Old Town. 10.4 Planned mixed uses along I-84, Franklin Road, U.P. Railroad; and Fairview Avenue corridors. 10.5 Buffers to the waste treatment plant. 10.6 Adequate school and park sites for quality living. 10.7 The importance of maintaining compatible land uses to ensure an optimum quality of life. 10.8 Respect for the responsibilities and rights of land ownership. 10.9 Reinforce the role of the City in regulating the use of land FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT J-U-B ENGINEERS, INC., -EAGLE ROAD - 9 • resources for the benefit of future generations. 10.10 Plan for multiple use of public facilities wherever feasible. 11. Upon review of an amendment` application affecting residential designations, the Commission should take the following policies into account: 11.1 Support a variety of residential categories (urban, rural, single- family, multi-family, townhouses, duplexes, apartments, condominiums, etc:} Ffor, the,purpose of providing the City with a range of affordable housing opportunities. 11.2 Support strategies for the development of neighborhood parks within all residential .areas.. , a 1.1,,1.3. Protect and.maintain residential neighborhood ,property values, improve each neighborhood's physical condition and enhance its __ quality of life for.residents. 11.4 Encourage sidewalks and paved streets for all existing "s € ' :. .. neighborhoods through joint ACHD/Local Improvement District w . ...programs. ' 11.5 Encourage compatible infill development which will improve existing neighborhoods. 12. The Meridian Planning and Zoning Commission specifically considered this application in light of Comprehensive Plan policies 5.9 and 5.11 on page 28 of the Meridian Comprehensive Plan. 13. Having made the afore stated Findings of Fact and Conclusions of Law the City of Meridian Planning and Zoning Commission hereby approves the proposed application to amend the City of Meridian Comprehensive Plan as set forth herein. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT J-U-B ENGINEERS, INC., -EAGLE ROAD - 10 ,. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT J-U-B ENGINEERS, INC., -EAGLE ROAD - 11 DECISION The Meridian Planning and Zoning Commission determines that upon review of the applicable standards, goals, policies and guidelines as set forth in the Comprehensive Plan of the City of Meridian, the established record, and the applicable law, that amendment of the Comprehensive Plan is warranted in the instant case. ey/Z:\Work\M\Meridian 15360M\Terrace Lawn\CPAPZ.fcs FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND RECOMMENDATION COMPREHENSIVE PLAN AMENDMENT J-U-B ENGINEERS, INC., -EAGLE ROAD - 11 . _ *~ ~' ~~. ,,~ September 28, 1999 MERIDIAN PLANNING & ZONING MEETING: SEPTEMBER 30. 1999 APPLICANT: CLARK DEVELOPMENTBILLOLARK ITEM NUMBER: 5 REQUEST: REQUEST FOR COMPREFiENSNE PLAN AMENDMENT FOR TERRACE LAWN MEMORIAL GARDENS INC. AGENCY CITY CLERK: CITY ENGINEER: 'CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT; CITY FIRE DEPT: CITY BU{LDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DiSTR1CT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: COMMENTS A COMMENTS COMING NAMPA MERIDIAN IRRIGATION: ~ r~ ~~ v SETTLERS IRRIGATION:- ,~/ IDAHO POWER: US WEST: BUREAU OF RECLAMATION: - INTERMOUNTAIN GAS: OTHER: \~\ ** TX CONFIRMATION REPORT *~ DATE TIME TOiFROM 10 O9i2B 17 OB 208 342 2627 200 E. Carkm, Ste. 201 MaiQim, 10 1131142 Php~ t)t)4-$,,33 Fa~c tie37_/29T Fax To, AS OF SEP 28 '99 17 10 PAGE.O1 CITY OF MERIDIAN MODE MINiSEC PGS CMD# STATUS EC--S 02'24" 005 200 OK City of Meridian planning 8 Zoning Dept. I r ~ ~....\4i` n , 1~\wrF. 1~U F~1A Sonya Day talc _._- Date; ~ _ _ phone: Pages: (Indudrlg coverstleet) Re: ~ 7 ,,,~ CC. ~ ~ O V*Qent ~Fw Review ^ Muse Conrn~ O Please ~Y ^ Pieria Recyge •comments; s `> HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Coancil Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD MEMORANDUM: To: Planning & Zoning Commission, Mayor and City Council From: Bruce Freckleton, Assistant to City Enginee Steve Siddoway, Assistant Planner S.g LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (zo8> ss~-zz i 1 PLANNING AND ZONING DEPARTMENT (208)884-5533 i September 28, 1999 R~~E~D S EP 2 8 1999 City of Meridian City Clerk Office Re: Request for Comprehensive Plan Amendment to Change Land Use from Single-family Residential Designation to Mixed Residential by Clark Development a ~ We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY: PROPOSAL This application is proposing to amend the Comprehensive Plan Generalized Land Use Map for an 11.76-acre parcel from an existing Single-family Residential designation to a Mixed Residential designation. LOCATION The property is generally located south of Fairview Ave. midway between Eagle Road and Cloverdale Road. SURROUNDING PROPERTIES The parcel is bordered by Crossroads Subdivision to the west. The proposed Family Center expansion (currently D&G Turf & Nursery) and Terrace Lawn Memorial Gardens are to the north. The large vacant parcel to the south is owned by the Seventh-day Adventist Church. The eastern boundary is on the edge of Meridian's impact area. The parcel to the east is in Boise's impact area and has a future land use designation of Medium Density Residential, 15 DUlacre. CURRENT ZONING The parcel is currently zoned RT, Rural Transitional, in Ada County. COMMENTS: CURRENT COMPREHENSIVE PLAN DESIGNATION The property is currently designated in the Meridian Comprehensive Plan as Single-family Residential. CPA 99-003 ClarkDevMixedRes.CPA N- ~~ ! P&Z Commission/Mayor & Council September.28, 1.999 Page 2 PROPOSED & POTENTIAL USES OF THE PROPERTY The applicant has requested changing the parcels to a Mixed Residential designation. "Mixed Residential" is not defined in the Comprehensive Plan, nor are any performance standards in place for this designation. Uses that could potentially be proposed in the Mixed Residential district include apartments, boarding or lodging houses, child care centers, mobile home pazks, and planned residential development. COMPATIBILITY & DESIGN ISSUES Granting the request would allow higher density multi-family dwellings adjacent to existing single- family homes in the northeast corner of Crossroads Subdivision as well as future single family dwellings to the south. Consideration for adequate buffering of the existing and future residences would need to be carefully considered during future detailed plan reviews. The proposed use would be compatible with the zoning on the parcel to the east, which is zoned for Medium Density Residential R-15 (in Boise's impact area). The~proposed apartment complex use of the site would most likely require an R-15 zone if it is annexed to the City of Meridian in the future. The R-15 zone requires direct access to a transportation arterial or collector and direct access to a park or dedicated open space corridor. The conceptual plan shows a distance of approximately 800 feet from the south right-of--way of Fairview to the north boundary of this project. Staff questions if this would meet the ordinance intent for "direct access to a transportation arterial." Also, no park or open space corridor is currently provided in the area. ' PUBLIC WORKS ISSUES The Public Works Department has preliminary plans in this general vicinity for a domestic water well:- Sewer would be provided through existing developments. OTHER The property included in this application does not depict a legal parcel. COMPREHENSIVE PLAN ANALYSIS The 1993 Comprehensive Plan map designates approximately 130 acres of `Mixed Residential' land at Thousand Springs Subdivision and Thousand Springs Village Subdivision (currently built-out as single family subdivisions). Granting the requested change would replace a portion of this lost area originally intended for high-density residential development. , Goa14 of the Comprehensive Plan is "to provide housing opportunities for all economic groups within the community." Applicable Land Use Policies: 2.1 U Support a variety of residential categories... for the purpose of providing the City with a range CPA-99-003 C1arkDevMixedltes.CPA ~. P&Z Commission/Mayor & Council .September 28; 1999 Page 3 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. Applicable Housing Policies: 1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups 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. 1.10 Local residents and organized community groups should be encouraged to participate in neighborhood and community planning in order to give direction to environmental, housing, transportation, recreation, open space, part, and other public facility needs. 1.13U Infilling of random vacant lots in substantially developed, single-family azeas should be considered at densities similaz 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; or b. Development of uses other than single-family structures aze compatible with surrounding development. c. It complies with the updated Comprehensive Plan. 1.14 Design and performance standards should be applied to infilling development in order to reduce adverse impacts upon existing adjacent development. 1.19 High-density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and neaz major access thoroughfares. IDAHO STATE CODE Idaho State Code Title 67, Chapter 65, states that the commission may recommend amendments to the land use map component of the comprehensive plan to the governing board not more frequently than once every six {6) months. CPA-99-003 C1arkDevMixedRes.CPA P&Z Comrnission/Mayor & Council September 28, 1999 Page 4 RECOMMENDATION: The proposed amendment could provide a buffer between proposed commercial development along Fairview Avenue and single-family residences to the south, and is fully compatible with the existing zoning on the property to the east. The proposed development would provide housing for other income groups close to the Family Center, which is an employment and shopping center. It would also provide for a greater diversity of housing types and choices between ownership and rental dwelling units for all income groups in a variety of locations. Due to the complete lack of policies in place for the Mixed Residential designation,,including even a definition, staff cannot support approval of this Comprehensive Plan Amendment to a designation of Mixed Residential. Although changes are occurring in the area that may make other uses desirable in this location, staff feels the request for a comprehensive plan amendment should not be granted at this time. More detailed policies need to be established regarding the mixed residential areas. There are no parks or dedicated open space corridors to support this land use and the transportation system needs further study to see if it can handle the potential traffic generated by this more intense land use. This project would further impact the Crossroads Subdivision, which has already been impacted by the Family Center development. Also, this would create very small "spot-zone" of Mixed Residential, when all other locations with this designationare currently clustered on the land use map into distinct areas. If, however, the Developers Diversified application is approved, staff could support designation of this area as Mixed/Planned Use Development so that all uses are controlledunder the conditional use permit process as planned developments. Approval of a change in the land use designation in no way indicates approval of any concept plans presented. CPA-99-003 ` C1arkDevMixedRes.CPA Meridian Planning an~ning Committee Special Meeting August 25,,1999 ` ~~ "~ Page 50 •~ `l De Weerd: (second that. Borup: I thought I heard a nod from the applicant that that would probably be okay. 1Ne have a motbn and a second. All in favor? MOTION CARRIED: ALL AYES. Borup: Mr. Bennett. Anything presented needs to be entered in for public record. It will be here next time for you to use. It will go to the City Council along with the .recommendation. For the record, we've had one more Commissioner join us', Mr. Kent Brown is not in attendance. ITEM NUMBER 7. PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT FOR TERRACE LAWN MEMORIAL GARDENS, INC. BY CLARK DEVELOPMENT/BILL CLARK-4000 BLOCK FAIRVIEW AVENUE BETWEEN EAGLE ROAD & CLOVERDALE: Borup: Commissioners, I am sure that we all realize that we do have a special next week to specifically address Comprehensive Plan changes. De Weerd: Mr. Chairman that is on'September 30tH Borup: I'm sorry. I keep wanting to move that up a month. Next month, not next week. Staff who is doing the presentation-Brad is? Steve, I mean. This double teaming gets me confused, I'm sorry. Siddoway: Mr. Chairman and Commissioners, this application before you at this time is a request by,C-lark Development for a Comprehensive Plan Amendment to change land use from single family residential to.mixed residential. It is an 11.76 acre parcel. It's location is south of Fairview Avenue between -Eagle Road and Cloverdale Road. To give you a little orientation, Crossroad Subdivision is here to the west of the parcel. North of the parcel is another proposed Comprehensive Plan Amendment that would expand the Family Center, which is currently being developed here. This area has the Terrace Lawn Memorial Gardens in it. There is a large parcel to the south that is owned by the Seventh Day Adventist Church and the parcel to the east is in the Boise impact area, but is zoned or has a future land use designation as medium density residential with 15 dwelling units per acre. It is currently vacant. The City of Meridian impact area follows the line right here so the east edge of this parcel is also the east edge of our impact area.. You have before you some initial comments from staff which you just received tonight as well as the applicant.. I will briefly just-hit the highlights for you. Our current Comprehensive Plan designates this area as single family residential currently. This proposal is to change it for mixed residential. Publics Works Dept. has preliminary plans for a domestic water well in this area and Bruce Freckleton may want to address that issue in a little more detail when I am finished. The applicant does have a proposed concept plan for this parcel, which I am sure he will go into in more detail. I will show it here. It is for multi-family dwelling apartment complex. There are pros and Meridian Planning and ~ing Committee Special Meeting August 25, 1999 Page 51 Y cons in staffs opinion to -this proposed application-we would point out that the granting of this request would place higher density residential up against the Crossroads Subdivision on the northeast corner of that subdivision. That would need to be taken into consideration where it is currently zoned for a single family residential only. On the other side, the area~south of the freeway where Thousand Springs Subdivision and Thousand Springs Villa Subdivision are that area was about 130 acres that was intended for mixed residential that has been developed as single family residential and approving this could offset some of that acres that was lost, that was originally intended for higher density residential development. This type of a development would most likely require an R-15 zone if it is annexed to the City and developed as this concept plan shows. The R-15 zone in the zoning ordinance of the City of Meridian states that it would require direct access to a transportation arterial or collector and direct access to a park or.:dedicated open space corridor. This plan shows the distance of approximately 800 feet from the south right of way of Fairview and would meet the intent for direct access. The park issue is one that would still need to be worked out. The Comprehensive Plan does have housing policies that would support this application. I would just refer you to number 7 in the staff comments. Finally, I would just state that there is as you probably aware, Idaho State Code that states that the Commission may recommend amendments to the land use map component of the Comprehensive Plan no more frequently than every six months. So, if an approval or a motion is recommended tonight than no other changes could be made for another six months. Therefore, staff's recommendation is to continue this to September 30th the meeting where all of the Comprehensive Plan Amendments are going to be considered and that is all I have at this time. Borup: Anyone have any questions for Steve at this time? Is the applicant here and like to present his application. Clark: Yes I am. My name is Bill Clark. Clark Development. I believe you all have in your packet a color version of that which I am going to put up a larger version of here. It is the same thing for reference and discussing this. Rossman: Mr. Chairman, may I step in one minute. Sir, is what you have here in a blown up portion, is that identical to what is in the packet. I just wanted that clarification so that we can decide whether or not it needs to be made an exhibit. Clark:. That is fine. As you know you previously heard a presentation of by Family Center for expansion to the property to the north of this. That property fronts on Fairview. Ultimately, you'll need to consider our application in combination with that and whatever you decision may be on that. The other uses are the Crossroads Subdivision here to the west, the Seventh Day Adventist property to the south. The existing cemetery and some area for it to expand into about 3 acres, which is currently undeveloped and to the east property in the city of Boise which is as Steve said is designated for medium density residential, 15 units per acre. Our application is for mixed residential and anticipating a medium density residential development. The access to the site would be by an extension of Venture Street from Fairview Avenue, Meridian Planning and ~ing Committee Special Meeting August 25, 1999 Page 52 that is an obligation of Family Center. They have presented that to you all ready. That they would be constructing that Venture Street to our northern property boundary. We received an ACRD report. We sat down with ACRD (inaudible)Our intention would be to continue that road through, maybe by a different name, but to the east over to Cloverdale and although we are in two jurisdictions, that is the City of Boise and the City of Meridian, we would see that property to the east is under the same ownership. That we would be combining those developments in a similar concept to this and at approximately at the same density-15 units per acre which is shown here. As far as relationship to the subdivision and the sensitivity of that issue, we've talked with all the neighboring property owners, those that I have just gone through, with the exception of the Crossroads Subdivision I've talked with the president of the homeowners association and one of the other people quite active in the community. We have heard from them that they have no objections from any of our property or any of the property surrounding us, any of the owners. I don't believe you received any objections and to my knowledge, there is not going to be any testimony in opposition tonight. This is an application for a Comprehensive Plan Amendment, so we anticipate that we would be coming to you with a request for annexation and zoning and there would be a development agreement at that time to deal with. Design issues. I conclude my presentation with that and will stand by for questions if you have any. Borup: Commissioners have any questions for Mr. Clark? Mr. Brown. Brown: Mr. Clark, how much property is continuous that is under the same ownership? It appears from the (inaudible) survey that property to the east is -- Clark: Approximately 18 acres to the east over to Cloverdale. Brown: Terrace Lawn property also. Clark: There is actually two ownership's. Same organization, sister organizations. There is Terrace Lawn Memorial Gardens and there is Cloverdale Park, Inc. Same exact ownership of the corporations but owned by the two corporations over to the east it is owned by Cloverdale Park, Inc. Brown: Was there any other approvals given in the county or cemetery being on this property. Clark: There is an existing conditional use permit. An expansion of an conditional use permit dated 1995 for that use and for an expansion. Borup: Any other questions? Barbeiro: Mr. Chairman, I did not follow that. As it stands now, this property was intended to be an expansion on the cemetery. Meridian Planning and ~ing `Committee Special Meeting August 25, 1999 Page 53 .. Clark: Oh, excuse me. If that was the question, I misunderstood it. There are cemetery's out there. One in the City of Boise further to the east on Fairview by about '/z a mile as Cloverdale Park. There is funeral home connected with that. There` is Terrace Lawn, which is smaller. It does not have a funeral home associated with it. Both of them were operating under condition use permits from the county. The Cloverdale Park received an approval of an expansion in 1995 of its conditional use permit from the county. There was no expansion of the Terrance Lawn at that time. We are allowing and have separated from a larger ownership, 3 acres that would allow for expansion of the Terrace Lawn Cemetery. (inaudible) This is presently undeveloped and looks like it is part of this property. To allow for the potential of expansion. Now, that property all of the Terrace Lawn Cemetery is within the Meridian City of impact. Barbeiro: So again, the property that you are wishing to develop now, was it originally zoned and intended for expansion of the existing cemetery and that your going to give it a portion to expand on. Clark: No. Excuse me if I took a long way to avoid your question but-- No. The subject property of our application is not contained in a conditional use permit for the Terrace Lawn Cemetery. Did we -hit the nail there. .Borup: Mr. Brown. Brown: Mr. Clark, but the property to the east is. The property owned by Cloverdale Cemetery to the east of you that is labeled as Boise City multi-family is - Clark: Boy, l did confuse things didn't I. I am sorry. It is owned from this property boundary right here to Cloverdale Road is owned by Cloverdale Gardens, Inc. It is not part of the conditional use permit for the Cloverdale Cemetery. There is approximately 10 acres on the southern boundary of the Cloverdale Park Cemetery which is designated in the Boise Comprehensive Plan as open space which is part of that expanded conditional use permit and that is why it is designated as open space, because in the city of Boise that's what allows for cemeteries to occur. The area designated as multi-family between the eastern property boundary of this property and Cloverdale Road is not part of the conditional use permit for Cloverdale Gardens. Borup: Thank you. Mr. Hatcher. Hatcher: For further clarification, in reference to the Telies land survey, the proposed development you have in front of us, that incorporates parcel 3 and 7. The expansion for the existing cemetery is parcel 5 and the future development within the Boise impact area is parcel 6. Clark: I have a copy of that with me I'll have to refer just to make sure. That is correct. That parcel 6 is the ownership that extends over to Cloverdale which I was referring. Hatcher: So 1 and 2 is what you reference to as the Family Center expansion. Meridian. Planning and ~ing Committee Special Meeting. August 25, 1999 Page 54 Clark: That is correct. Borup: Commissioner De Weerd. De Weerd: I have none. Borup: One short question for Mr. Clark. Several times you have referred to mixed residential. I am not sure what you mean by that. From what you said, it sounds like your talking about multi-family. Clark: I am referring to the Comprehensive Plan designation that we are requesting. We would be following this up with a request for annexation and zoning and was stated by staff, we would probably request an R-15 designation. Now the mixed residential- Borup: I jumped ahead a little bit. You have answered my question. Clark: If I could just build on that though but not respond to your question directly. I think that the mixed residential designation the Comprehensive Plan is a good tool for the City of Meridian from an urban planning perspective in that it allows, although it is not defined in the Comprehensive Plan, it allows I think for application for different density's and designs that are appropriate to different locations. This particular one, being behind the commercial and having a direct access on to Fairview, offers a'nice living environment that is not directly on a busy thoroughfare, but yet has direct access to it. It has those advantages. Obviously, the Family Center if their increase is approved will be up near a million square feet of commercial. Plenty of shopping opportunities there and of course this is being near Fairview and Eagle Road, close to a lot of employment. It seems to us in again accommodation with the Boise -city designation to be an appropriate location for this land use. Borup: Yes, Mr. Brown. .Brown: Mr. Clark what market are you shooting for with your mixed use then. Clark: With a target density of about 15 units per acre, we would assume that this would be what I would loosely refer to and what we are trying to show in concept is a garden apartment. I think that would be for -it could be -I am not going to say that it is targeted only at empty nesters or seniors or young people. I think that will be to be decided down the road. What I do think and you will have the opportunity to approve this when it comes forward, is the character and density we are shooting for a I guess I would call it an upper to middle apartment market. By nature of a garden apartment type density. Whether that is older, younger or a mix the way we determine the density here on take off was a mix of 1-2-3 bedroom units. Borup: This is a public hearing. Do we have anyone that would wish to come up and testify. Seeing none, I think Mr. Clark was right that there wasn't going to be anybody. Meridian Planning and ~.~;ning, Committee Special Meeting August 25, 1999 Page 55 DesWeerd: Mr. Chairman, I would move that~we continue this Borup: Before you do, I think Steve would like to make a comment. . Siddoway: ~Mr. Chairman, I have one other comment related to this map that has been submitted. These parcels that are shown on the map do not exist in the Ada County's assessors data` From all the research we have done, this is an illegal lot split system that would need to be cleaned up with a plat at the time of development. . Borup: Yes, that would be consistent with-what (inaudible). You did not have any questions on,that Mr. Clark. You understood. Clark: I can help you understand why it exists as it does. The parcel at the top, parcel 1 is an existing legal lot,uriderthe ownership of Daniel Gibson. Parcel 2,3,4,5, and 6 are, let's see, 2,3,4,5 are under Terrace Lawn owned by (inaudible) Gibson. Parcels 1 and. 2 are currently under contract being sold by Daniel Gibson and Terrace Lawn to or under contract, under option to be sold to Family Center. The Family`Center expansion would be on property that they are selling to them, or~will b'e selling to'them. It is a... contingent upon approvals by the City of Meridian. That property split will not occur anti( the execution of that purchase or shortly before that. Parcel 4 I think it is, that parcel that is immediately south of Terrace Lawn' is a (inaudible) acre expansion that I described that we had surveyed for purpose of putting together the legal description for this application. So it allows for that 3 acre expansion. It is all under a single-ownership now. It wouldn't be until we come forward I think°at the time of an annexation and zoning that we would complete those thaf subdivision. { 4 . ,~ Borup: I think Steve was just making note~of it at4this point. There will be survey on those other parcels at the time of an'rexation and zoning. Thank you. _, ~ ~ F ~ ~. Barbeiro: `Mr. Chairman, I believe} that Mr. Freckleton has a comment. f Freckleton: Mr. Chairman, members of the Commission 1 was just looking at the map that Steve was referring to and basically if you will look at the Telie Land Survey map, the I believe that is 40 acres (inaudible) that comes up against Crossroads Subdivision on the west and the Boise city impact area on the east. According to Ada County Assessors information, that is currently in two ownership's. There are two legal parcels ir'th`at entire 40 acres. The property referenced as parcel number 6, currently exists in that very configuration right there ` It looks like the„question is that 40 acres. Borup: 'That is what is looked like to me. Parcel 1 is one pa'rcel'arid all the rest is `separate parcel numbers`-the remainder is that what your saying. ~~_ ,r ~w `Freckleton: yes. w -0~ ~ ~ , a,~ Meridian Planning and ~ing Committee Special • r -August 25, 1999 • ~, Page 56 Borup: That is what he drew. Okay. Thank you. ready to make a motion. Meeting Commissioner De Weerd you were De Weerd: There is no further discussion? Mr. Chairman, I move that we continue this until the September 30th meeting. Barbeiro: I second the motion. Borup: Okay, and... again that September 30 meeting is when we are hearing other Comprehensive Plan change applications. Thank you, all in favor? MOTION CARRIED: ALL AYES. Rossman: Mr. Chairman can he take the blown up exhibit? I certainly don't have any objection to it because he has represented identical - ITEM NUMBER 8. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR SANTEE COMMERCIAL COMPLEX BY PINNACLE ENGINEERS -LOT 3 BLOCK 2 OF RAILSIDE PARK SUBDIVISION: Borup: Staff, who do we have. Brad or Steve. Hawkins: I would like to take the next hour to present this project. I would request Commission that you incorporate our comments dated August 20, 1999 which were sent to the applicant that addressed both of these items, 8 and 9. Our comments addressed both the conditional use permit and just for your reference, if you look at the packet, this is an existing lot in the Railside Park Subdivision and what they are proposing re-subdivision of the lot. They have all ready been approved for condition use permit back in July to put multiply buildings on this lot, so the reason they are back before you now is to actually plat the re-plat that lot. The majority of our comments are of the standard comments and unless there is other things that the public works department has I think that is it. Borup: Did the Public Works Dept. have any comments? Freckleton: Mr. Chairman, members of the Commission. The only question that I had, and this is a legal issue for Mr. Rossman, that is in regard to a condo or townhouse type project and the articles or like the CC&R's, isn't there some kind of articles -isn't is basically a corporation. I recall that the last project that came through-there was a project called Bridgewood Park Condos and they had to go through and do some sort of article of condominium -something in Idaho Code that requires that and I could not - Rossman: It has been a long time since I done it, but there is you have to do an Article of Condominium's and there is some other procedural requirements that have to be met. ~~ , ~,, .. 9-29-1999 4:35PM FROM~CLARK DEVELOPMENT 208 342 2627 ~ P_2 ~; . , 0 CLAIZIC DEVELOPMENT ~C~~ H; r SEP2g199: September 29, 1999 City of Meridian City Clerk ®ffice Mr. Keith Borup s~ Chairman, Planning & Zoning Commission J City of Meridian ' s 33 E. Idaho., "r=' Meridian, Idaho 83642 Re: Application For Comprehensive 1?lan Amendment - CpA -99-003 -Terrace Lawn - Response to 9-28-99 Staff Report Dear Chairman Borup: We have reviewed the staff report dated September 28, 1999 and offer the following summary responses to the staff reeommcndatiorRS. First, we appreciate that the staff comments on the proposed use aze generally favorable with respect to compatibility with existing and potential adjacent uses and the- appropriateness of this type of development in this location. In response to issues identified in the recommendations, our specific comments are as follows: • The staff support for aMixed/Planned 'Use designation (if the Developers Diversified request is approved) would be acceptable. We understand that this ~dcsienation would not necessarily indicate approval of the concept plan submitted with our application. • Access to Fairview Avenue and Cloverdale Avenue would be very direct with an extension of Venture Street to the South to be constructed by Developers Diversified for the purpose of providing access to this site. This would connect with an eastbound street directly from the site (including that portion within the City of Boise area of impact) to Cloverdale. ACHD has approved this application and not noted any adverse traffic impacts. • As noted in the staff report, property under the samte owxtership but within the City of Boise area of Impact is already designated for multifamily development. Development plans for the subject property are being made in combination with that which is administered by the City of Boise. 'i 79 Main Street, Boise: Itlaho $3701.20II!'S42 ?&25 • Fax 71)8/542 1~i2? . r.larkdev~rnicron net SEP 29 '99 16=33 208 342 2627 PAGE. 02 9-29-1999 d_35PM FROM CLARK DEVELOPMENT 2B8 3d2 2627 P.3 1~ ~ • • Chairman Keith Borup City of Meridian September 29, 1999 Page Two • Although there is no formal designation at this time of open space adjacent to the property, the Terrace Lawn Cemetery on the southern boundary is a permanent open space. In the Coznpzehensive Plan revisions now underway, an open space provision would be appropriate for this property. This is the designation by the City of Boise for the Cloverdale Cemetery just east of Terrace Lawn. • As of the preparation of this letter, we are not aware of any objection to this application from adjoining property owners. At the Planning and Zoning Commission hearing on this application in August, there was no testimony in opposition. In our direct conversations with neighbors and neighborhood groups, specifically the Crossroads l~iomeowners Association, there was no indication of opposition to the proposal. • Developers Diversified has agreed to the same level of buffering between its project and this property as has been agreed to for the Crossroads subdivision. As previously noted, they have also committed to constructing a public street ('Venture Street) from Fairview south to serve the subject property, We look forward to working with the City of Meridian to create a high quality residential community in this area. Sincerely, ~~ ~~' Bill Clark SEP 29 '99 16 33 208 342 262? PAGE.03 € t ~ • We, the undersigned residents of the Crossroads Subdivision, at the Southwest corner of Fairview and Eagle in Meridian, are opposed to any rezoning of land east of the subdivision that could result in the allowance of multi- family residential building. We feel that zoning should only allow for single-family residential homes. Second, we oppose any future extension of East Florence Drive beyond the boundaries of the subdivision. There are several reasons why we think it is not acceptable to allow rezoning. First, zoning for multi-family dwellings will create a large influx of school age children. The Meridian School District is having difficulty handling the present population of school-aged children. Rezoning, with the possibility of a large number of school-age children, would produce an undue strain on the schools. Second, anything other than single-family housing would cause excessive traffic within the area. The city streets within our subdivision should not be used as thoroughfares or extra entrances to future construction outside the subdivision. Traffic would increase as people drive through the Crossroads Subdivision to access Florence. Also, many people would use Records Drive to gain access to Florence, therefore infringing on the residential atmosphere we have struggled to obtain. ' Third, rezoning to allow for multi-family dwellings would cause a future increase in crime adjacent to the Crossroads Subdivision. Multi-family dwellings consistently have a greater crime rate that that of single resident construction. Finally, many Crossroads residents moved into the area not knowing the present zoning of the land east of the subdivision. This rezoning, if allowed to go forward, would decrease home values within the subdivision and eliminate. the privacy, of the residents directly adjacent to any future (multi-family) construction. .> For the above-mentioned reasons, we are opposed to this rezoning. Please consider these issues. ` ~ REcE~D ~~. Sincerely, ~` , ~~ S E P 3 0 1999 The undersigned residents of the Crossroads Subdivision CITY OF MERIDIAN NAME ~ iJ~ ~~ ADDRESS ~( ~ PHONE ~ 3~ - o,~c ~ ~~t 1 t2t ~ ~ ~~- 3yS0 ~: ~~6rPN~~ ~~~`~~~~ IV ~~1~.~ ~=7~~n1~ ~,5~(, ~ ~~a,~ce__ gk~-~~~ ~ - ~ ~ -l ~ c~ c ~~~- f, !3l ~~ ~ 3~2~ ~ - f I ar~1c~ ~~, 288"-Z~c~ _~m~ ~ k~ s o~~~ n1~dR~S S~. S.~-~ ~6~)3~a-~~~~ ~~F~ 6 ~ ~vice o~ _d ` 3~ 5 ~ E F~ ev~c~ ~~8 ~- aa~ 4 :E D .,L~'~-- - 30- Cep ~1-.3Q--~~ vim. g ~a -gq ~_~ ~~~ R-3~ -%9 u _9' 3° -I~ ~~'~ ~8 -30-~ NAME ~~r-m~) ~. ~~~ $cc~~ I=~~e Ids ~,/~i~e ~~turs~r ,~SCG'i/I ~ulir G~ M ~, ~-~~:~ ~- ..~~ AnDxESS SEP ~ 0 19~0~ ~Q~ ~~ ~~~XP~ rte' L 8, x ~~"~_ ..~~t~,~t ~~ ! ~`1 ~~~ ~ ~ ~/.~~~ ~ys~~~ ~~ ~ - - - V ^ /r5o'?fll1 ~ S'G/ Ot3sio~~-n/ ~ ~z ~~u ~~(i:3 - 5`/'0 - 1009' ~" ~ ~~ /~i3 YvP~~©~1 11~~ ~ j ~ ~J 2 ~~L~'~y ~.~'ri+r~~ fl ~ ~ P,eiv~rPle Gyr~j Sii l ~/r,9- ~P~i~o~ l l b~N ,~i~-r,c~c ~ ~°% t<1i9-5 ., .~~Er~~c. Qti~c~ ia~d ~Jr ~~r~us~6 ~>,~ ~ -,~/.~- n SIGNATURE DATE C ~~~I y j ,~ O ~~30 9 ~~ ~ ~~ c `~~> ~~~~.,,D 9-3G--~9 . ~~~ 9• ,30.99 esAx~ ~" 30 ~ ~~ RJ3~'~Iq ~~~1-~003~~ ~~~~ z~~ ~/ ~ 2~~ -~ z Ze'd' -~ L i~~-~~~~ ~~ - ~~~ ion 8 °~?• _ 8'~y- 83 37 ~g~/- X337 1~ ~~`8 - a~a~ T N mn,~a~~,~-~ `~.~-1 ~ P~~ u.~ w~U,~ `~8~- 7713 ~~ ~'~~~ S~~-9Zy~ ~-~-~~ ~~~ ~~ ~ -30 - ~ 9 ~L S /3c /`~~ ~~~ ~ (3~ ~~~~ - -9y ~.~ 9/36`a a ~~ ~f~+~' ~.~ ~d 9 ~, I i e~~1A ~is~Dn~ ~ _j p - q - ~ -~ ., .NAME. ~~~in~~ ,_'n C i v 4 ~ea-~-~ rl ~e Ids ~~~zi~e ~~urs~r ~U,~ ~u~r ~d M ~ r+~~~ w- ~ ~ECE~D ADDRESS SAP ~ ~ ZONE .~9y~ ~ F~dre~cc ~~ ~,~ d 7~ ~~~ ~ ~ ~/.~~~ 8y5~~~ ~ ~ af,~J~ 55~~~L~ J~ /So'~011 ,S'G/ (Ixsiaim~/: ~7 ~TJ~w x(1.3 - 51`0 - ~100~ ~~:~ ~ ~ ~~ ti\\ r~s ~1/~r~~W©r~l ~a-c~ ~.ea{-~ta,,,,~ ~L> ~T ~~~L~//~~~ .S~r /d/~} I~~~o,~ ~`~, gyn. ~~:. ~~.~~ - _, ~- i , _~ ~ ~~a ~ _ ~ ~~i~ lafi~ ~~ - 1 ~'~ )13C~ eril~G~YOI fi ~w~ ~ ~~ 1 ~, LT ~ ~ ~ ~ ~'~ c1~' i ~c° c~c.~( l l b'~N ~'~i,~c ~ ~°fe ~~~,~, ~, ~~~ j ~ X33 ~~. ('l1~ n1 ~~ SIGNATURE DATE ~~r7 ~i ~ o ~.~i~? %/ ~o g ~ ~/~ ~ ~.~~ ;~~ ~i~~~I~.O 9~3 ~~~_ Co 03L~ ~~~~~ z8~-I Y ~? ~~ ~/ ~ 2t~~ -Z~ z Zed' - ~ L ~~ - aR sc~ P 4 .o~ s ~. ~~y- 83 3~ _ ~~~- X33 7 ~b-Z.~ ~ 7 Q~~! ~~~ ~ 9~-1 -~ P~r~ ~ w ~., `387 - 77103 ~~ ~~~~~ ~~-92y~ r~~7-~7 i~ ~~~.~~2 ~~°`~`-t 9• ~~a • 99 ~'-_J g' 3~ '9q ~-~-2~Q ~~~'~~. g~ _/~ Y - 30 - g ~~ ~~d~S t ~d 9~ ~/ ~-~---~% q - ~ -~ ~-9 9~ We, the undersigned residents of the Crossroads Subdivision, at the Southwest corner of Fairview and Eagle in Meridian, are opposed to`any rezoning of land east of the subdivision that could'result in the allowance of multi- family residential building. We feel that zoning should only allow for single-family residential homes. Second, we oppose any future extension of East Florence Drive beyond the boundaries of the subdivision. There are several reasons why we think it is not acceptable to allow rezoning. First, zoning for multi-family dwellings will create a large influx of school age children. The Meridian School District is having difficulty handling the present population of school-aged children. Rezoning, with the possibility of a large number of school-age children, would produce an undue strain on the schools. Second, anything other than single-family housing would cause excessive traffic within the area. The city streets within our subdivision should not be used as thoroughfares or extra entrances to future construction outside the subdivision. Traffic would increase as people drive through the Crossroads Subdivision to access Florence. Also, many people would use Records Drive to gain access to Florence, therefore infringing on the residential atmosphere we have struggled to obtain. Third, rezoning to allow for multi-family dwellings would cause a future increase in crime adjacent to the Crossroads Subdivision. Multi-family dwellings consistently have a greater crime rate that that of single resident construction. Finally, many Crossroads residents moved into the area not knowing the present zoning of the land east of the subdivision. This rezoning, if allowed to go forward, would decrease home values within the subdivision and eliminate the privacy of the residents directly adjacent to any future (multi-family) construction. For the above-mentioned reasons, we are opposed to this rezoning: Please consider these issues. Sincerely, The undersigned residents of the Crossroads Subdivision REcErv~l) S E P 3 0 1999 CITY OF I~IERIDIA~ _~ NAME ADDRESS PHONE .l~,y ~, D. ~/C~JL~ 307 ~. ~o,~~r~ss~o.v~.L ,0/Z r ~~-- 436,r ~/~~1/~ .~ r/~,cC 3ioo7,~. ~~~~LSS/D~~L a,~ ,F~- 93~.f S-(.e~..t- ~~11~s-I ~- ,~al~i.~~ ~O~~Q~IU, r` C r / (. L~~ .,, ,f ~~ ~ t i~ ;~ ~t 3S~t! E r~ari_is%w,~ 1 per' ~=~'6~35~,~~,/~sS~~~ ~rl/r' 3~ ~ 2~r~~~~/~r- ~~~~ ~ ~r2~~I~~~~~. ~S~l ~~~- !~~ b~~-d{67 ~,qs-al 35 SIG ATURE ~~~ L~ ~~3 ~dlG~l ~ ~ ~: DATE `9 2 ~ ~ 11-9y %27-~ S ~T" l 9~2?= ~1-Z7 `~ z~-99. 7 ~ ~ b - ~'~ -~ L .,- .... F~r. ~ f We, the undersigned residents of the Crossroads Subdivision, at the Southwest corner of Fairview and Eagle in Meridian, are opposed to any rezoning of land east'of the subdivision that could result in the allowance of multi- family residential building. We feel that zoning should only allow for single-family residential homes. Second, we oppose any future extension of East Florence Drive beyond the boundaries of the subdivision. There are several reasons why we think it is not acceptable to allow rezoning. First, zoning for multi-family dwellings will create a large influx of school age children. The Meridian School District is having difficulty handling the present population of school-aged children. Rezoning, with the possibility of a large number of school-age children, would produce an undue strain on the schools. Second, anything other than single-family housing would cause excessive traffic within the area. The city streets within our subdivision should not be used as thoroughfares or extra entrances to future construction outside the subdivision. Traffic would increase as people drive through the Crossroads Subdivision to access Florence. Also, many people would use Records Drive to gain access to Florence, therefore infringing on the residential atmosphere we have struggled to obtain. Third, rezoning to allow for multi-family dwellings would cause a future increase in crime adjacent to the Crossroads Subdivision. Multi-family dwellings consistently have a greater crime rate that that of single resident construction. Finally, many Crossroads residents moved into the area not knowing the present zoning of the land east of the subdivision. This rezoning, if allowed to go forward, would decrease home values within the subdivision and eliminate the privacy of the residents directly adjacent to any future {multi-family} construction. For the above-mentioned reasons, we are opposed to this rezoning. Please consider these issues. Sincerely, The undersigned residents of the Crossroads Subdivision NAME ADDRESS PHONE ~/a,Y y. ~~G-'~/LC 307 ~. ~o.~/yr~ss~o,y~G ,02 ~3~-ri~363' ~/)~ ~. ~/~~E 3/a07~. /r0~1~,/LG-SS/Dl~/1G D,~ .F~- g3~S a1~'i.~~~.~Oct~a~lU, ,~S~I~C(~n~n~,~~~ onal ~r 3~ ~ Z~~~r~ /fir _~` ~~;~.C~.~\-e c~ ,q~~'1 ~ ~'.r-nG ro .sue cnn Ck . ~S~- 97~ ~ gds-g~`~ g~-~3v 7 S~ ~'~? ~ S D ~~Y~a~E7 ~~S-DI 3S ~EGE~D S E P 3 0 1999 CITY OF I~IERIDIA.~ .~Q~ ~,3~ ~~~'d/Oln /~ C" DATE 91~ ~y ~z~-~ s 9- dT- 9 - r- ~7 `Z~ `~ z~ -99. -~ ~-~~ -~=~~~qq L NAME ADDRES~ PHONE ~ IGNATURE DATE J-A~JG~~~-~11~.5~~11,~~/ ,3`II~,E. GcS~~n-~Kc~w~2.~~R ~3 7s~ ~ ~; 5~-,1, ~,~..e,- ~ ~-; ~'~~ 56~ `Zsv,U--~c~~~-.. a`c~--1 ~~a ~I 0~ ~ ~c~l( or2 ti ~~ ~--I -z~~~z ~~~-~~z~ (.~ ~ I ~: t~ ; i1~1 ~~1~~~u~~ ~~~~ ~ ~, 1_-~ ~ ~.~/,~ ~~~ Vii. ~~ ~_ ~ ~ ~ /1'x.~-- ,~ l ~~i'~~ ~ 7 ZS ~C ~ ~ S Pn ~ 8 wCr' 0 gl~ 5~ (~ ~~~T.~ ~l_ ~ R~~ ~i7 ~3ti 35 ~ ~ ~s~t c~aw~, ~~ ~~' SZ~ %~~ _..~~~~' ~.~.~~~~~. ~~ lid/ ~~ I ~ ~ . ~~~,in how ~, - ~~~- .~835 ~ ~C~~~~t~o~~~ ~8~ /~9~ ~Ji ~ ~~ _ ,~ _1 _, -~C~ ~f ) ~:~ ~ `~ , ~ _ a ~j ri ~~~~ 9~ ~~~99 .~~ ~~ ~ ~~ ~' ,3n ~~ ,- 3~ ~. u ~1 ~ , 7/~~ /f ~~~ S E P 3 0 1999 CITY OF NIERID~.~.~1 ~s. ~~ ° ~ ~~ --~,_ti SaK-c.- ~ :~PanJ~ ~~~~ ~~`~~G~~~ ~ ~ i G~ n~ ~a ~i N ADDRESS 3~z~ ~~ rUr~ss~ ~r~=2 3~~~l~an`~~s.~<m~ 3Co(o t ~ . PHONE • IGNATURE DATE Lz~)Sg~~~~i `~ ~ ~' 2v~ ~~~-993 '~ ~ 2~ 9~ tog- 3'E3~-t883~ 4 ~ 3LCfl~ E. ~o~/cs5+~inrSt ZoS's~8'-{ •3336 ~ ~ - ?~ -yy ~b~~cc~ lo•tiyleJJ: o~~a.l f~''c '~y0':~.~5~-~~/..~~ ~°2~°~g 3 >~ 0 / C~'hSrK~re'kc:~ ~~, ~p~j - ~~"oy,LU 3~~ ~ ~ Y ~~o~~l~± ~~Z~_ ~~~7~ .~~.3--~~rc,~z.ESs ~ ~~-aL. p~ g8'~- 387 35 5 5 ~ C.~n.ayu.~~,~-Q 1~~ ,~- ~ ~ ~ ~ .~S/~ ~• ~~~;~~l+m~ ~~y-Sam' 3~t~~ ~_ C~~~r~ss; ~-~ ~3~s~{-~zZ~. 3~/D ,SSE Cif f+.~; ll~.ss i r .Y ~ L ~~5~' (Z ~ Z """_` ~~flw,,,,~ ~Y~ Ld ~< C J'~~ r~51n1/~6b ~ 1 fl E-~b~~J - ~"~_ ~ ~""~'~- Lev- l0 F~.'. 3 - f~r, ~8~-Z~ 9 ~ L f~~o ca S ~ tom} 1 ~g'l`~ %~' 9~ ~' ~z~-~ ~-~~~a~ ~~ Zf VV~~ ~-,~~~~~ ~`T / / R~G~N~~ SEP 3 0 1999 riT~ ~~ ~;~jnra~l NAME Wethe undersigned residents of t~Crossroads Subdivision at the Southweorner of Fairview and Eagle in '`' _ -Meridian are opposed to any rezoning of Land east of the subdivision that could result in the allowance of multi- family residential building. We feel that zoning should only allow for single-family residential homes. Second, we oppose any fiture extension of East Florence Drive beyond the boundaries of the subdivision. There are several reasons why we think it is not acceptable to allow rezoning. First, zoning for multi-family dwellings will create a large influx of school age children. The Meridian School District is having difficulty handling the present population of school-aged children. Rezoning with the possibility of a large number of school-age children would produce an undue strain on the schools. Second, anything other than single-family housing would cause excessive traffic within the area. The city streets within our subdivision should not be used,as thoroughfares or extra entrances to future construction outside the subdivision. Traffic would increase as people drive through the Crossroads Subdivision to access Florence. Also many.. people would use Records Drive to gain access toaFlorence, therefore infringing on the residential atmosphere we have struggled to obtain. ' Third, rezoning to allow: for multi-family dwellings would cause a future increase in crime adjacent to the Crossroads Subdivision. Multi-family dwellings consistently have a greater crime rate that that of single resident construction. Finally, many Crossroads residents moved into the subdivision not knowing the present zoning of the land east of the subdivision. This rezoning, if allowed to go forward, would decrease home values within the subdivision and eliminate the privacy of the residents directly adjacent to any future (multi-family) construction: For the above-mentioned reasons, we are opposed to this rezoning. Please consider t~k~¢ u~s~ T~ Tit j ~ v 1.~ 1 V .L~ Sincerely, OCT 0 6 1999 The undersigned residents of the Crossroads Subdivision CITY OF MERIDIAN CITY-CLERK OFFICE N ADDRESS T~~C,o~uR~,~. 3(.S3 ~. ~'re~~.u~ ~r, C I'~iC~215n(1 ~~~15 E ~~~c.11~ca~ ~ ~l~ ~ ~s ~~~ ~ PHONE I N g9~-a3~a ~r`~- psi ~ ~~ ~s"6 ~r ~- 3~~ .~ 3 g3~ ~ . ~ ~~5, ~~ ~~~~~~4 -3~ Sr 7 3~y.~ ~'. >o~.~, ~.~ti ~/ D~ ~ ~35 ~1 ~ fires ~ ~~+.~;f~,=~ DJz . 2 ~S ~ /s3~ ~.- ~~ -~ -oa6~ ~~~ 21{ Y 9-28~ ~ `~ ~ ~ ~~ ~lys NAME ADDRES~ PHONE • SIGNATURE DATE u ~~~~ Ss'l~s I~ ~ ~`~t~C~-UV~ 1~y~ ~S1 -b138 U D~J~r.Q ~~i~ 3~0 ~, ~~,,~,rn~/~L age -ZZi ~ rat ,, i~ ~ ~ . ~~ . T- h %ll~ s 1 (~-- ~ ~ ,~rPS~~l~yfi'w l ~~ day ~~ ~ ~/ ~Z~1~ ~,~r~S~~~~1~~~~ K~S 3 ~• ~i'~s`~ e~ 4/ -~. ~.~~~,~~ P~~ ass ~f, r'~s.~/T~,~~~ ~ l~ ~~ ~ ~i4 ~ P2PS~ a p i~~?, ov ~-~ 3.54 E, t~i?ESi1)~a~T~A~. 7bdZ ~ ~ u ~ 3~~ .~ ~Q~~ t ~~~( . rt. ~ , X25- ~I z . 9-2$-9°I 9 -2~ qq s `'~. ~p ~ q-may- 9y `I~~A A9 >~ ~~ ~- 2y y z5 y =~~( -a9=~.~ g-Z~ _q Z 9- g% ~l .c ocr ~ I), O,c 1999 . F,~~ Ri~r ~T ..~~ ;') j'~i ~ ('~ ,. ~ ~ MERIDIAN PLANNING & ZONING MEETING: AUGUST 25 1999 APPLICANT: CLARK DEVELOPMENT ITEM NUMBER: 7 REQUEST: COMPREHENSIVE PLAN AMENDMENT FOR TERRACE LAWN MEMORIAL GARDENS, INC:k AGENCY CITY CLERK: COMMENTS COMMENTS COMING CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: COMMENTS COMING SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: OTHER: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS N ~v ~,„~,- All Materials presented at public meetings shall become property of the City of Meridian. ~ ~ HUB OF TREASURE VALLEY "'"~ Mayor ROBERT D CORRIE A Good Place to Live LEGAL DEPARTMENT ,, . b C il M be CITY OF MERIDIAN ounc em rs PUBLIC WORKS CHARLES ROUNTREE ~ 33 EAST IDAHO BUILDING DEPARTMENT I~os> asp ~~ 1 I GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD ~ (208) 884 X5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 18, 1999 TRANSMITTAL DATE: Jul 13 1999 HEARING DATE: August 25, 1999 FILE NUMBER: CPA-99-003 REQUEST: COMPREHENSNE PLAN AMENDMENT FOR TERRACE LAWN MEMORIAL GARDENS, INC. BY: CLARK DEVELOPMENT/BILL CLARK ` LOCATION OF PROPERTY OR PROJECT: 4000 BLOCK FAIRVIEW AVE, BETWEEN EAGLE ROAD & CLOVERDALE ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, CIC GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CO • HUB OF TREASURE VALLEY Mayor ROBERT D CORRIE A Good Place to Live LEGAL DEPARTMENT . (-ox)sx4-4264 C ~I M b - CITY OF MERIDIAN oun~ em erx PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT ' GLENN BENTLEY MERIDIAN, IDAHO 83642 (2os> ss~-22 t t RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 18, 1999 TRANSMITTAL DATE: July 13, .1999 HEARING DATE: August 25, 1999 FILE NUMBER: CPA-99-003 REQUEST: COMPREHENSNE PLAN AMENDMENT FOR TERRACE LAWN MEMORIAL GARDENS, INC. BY: CLARK DEVELOPMENT/BILL CLARK LOCATION OF PROPERTY OR PROJECT: 4000 BLOCK FAIRVIEW AVE, BETWEEN EAGLE ROAD & CLOVERDALE ROAD TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT} ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT ; SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAMATION(PREL(M & FINAL) YOUR CONCISE REMARKS: ~~ l 5 L vN Goy ~= Wr4- mil' 1999 ~C ~'ITY OF V1 ;RIDIAN GG ~ GCf'LG (~ ~Cy GUGCI~ ~ Lei ~f~'CC~~G '~ ZO~G Sherry' R. Huber, President 318 East 37th Street Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner a-mail: tellus@achd.ada.id.us August 19, 1999 TO: ; Bill Clark Clark Development 479 Main Street Boise, ID 83702 FROM: Steve Arnold, Principal Development Analyst Ada County Highway District SUBJECT: MCPA99-03 S/o Fairview e/o Eagle Road ~~% ~~~ REc~r`'~I~ City of i17e-°~dian CityClerk ~rfice z. ~ _- _. Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on August 18, 1999. The attached staff report lists conditions of approval and street improvement s which are °required. If you have any questions, please feel free to call me at 387-6170. cc: Plan&Dev Svsc-Chron/File John Edney Chuck Rinaldi Terrace Lawm Memorial Gardens, Inc. ~City.`of~Me`ridian ~~ - ;~;~ ADA COUNTY-HIGHWAY DISTRICT Planning and Development Division Development Application Report MCPA99-03 _ s/o~Fairview e/o Eagle Road Comprehensive plan amendment The applicant is requesting a comprehensive plan amendment to annex.the property into~the;City -- of Meridian, and a rezone from RT to R 1 ~. The 11.76-acre site is located at the eastern termin~>.s of Florence Street, east of Eagle Road and south of Fairview Avemie. This development is estimated to generate 650 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Florence Street ~..... °~ ~5. ~~ . ~...lw ACHD Commission Date -August 18, 1999 - 12:00 p.m. Y• I "~ i T* - r ."'W a:~~ _ ~ ~ _ .. _ _ _....._. ._ ... _______COMMERCIAL ~ XEC W ..,.. „,., _. ; t _. , ..~ ~~ • ... _. w .. .., ,.. a{ .~... „a ~: ._ ! t FII Ila ~~~ ~ g~~ ~j~a : i l FR~FL I C IJUF,'h_, ,. v i i r G.,'? 1 n y ~ Z cu a 0 w W O Y Q J U R] N Z W D ~' Q C? J _Q W Z g W a w f- 0 z w 0 z w a z a J 0. W _y 2 W W d O U ' ~l ~r ,~.~ i,- r Facts and~Findings: _,- to ,~. .r 4 ~ >' _„~ml to M ~ ,. ~ c :~rf'e , ;~,~ ~' ~ x ._ ~,~- fr 1• ~ if $~ t'.s' `{.' ~ .. yk.~rw .. •'i - 0 °~`P' F a t~+:lY c•e~. ~,~T ~... "q. wm J,.t~' -° ~i,,,t-°-rfls A. Gereral~In`forinatiorif`~ ~:~ '3 t~ . -:~ ~`s ~_~~.~,.~f'1=~:_-~,~;9~ t~ > ~. w.. . ,., ;`« ..,j. . ~.t.h w- ~~. ~ d "•~5. '~.~. ~ F~ ~ , .., ~ At.~ f'4 P. .Q.E• ~'~ t„t ~L. ~..5'. t:~` tt~. ~:f~r: $ 7 s ~.€... Owner =Terrace Lawm Memorial'Gardens, Inc. - gin' ~ p.~" ~~ 1 ~ Applicant`=`Bill Clark ~` ; *~$.~ rg ~ t ., a- ~ • ,~f~.~~:f`.,: ~ , ~ a~~±~ RT ° "~ Existiri~~zoning~ . aF~;. t.~ €'t; --<', -- ,s. e R-15 -Requested zoning _ 11:76' =Acres.. - ~ d ~, ~ - .,. ,, 1;~~ ;- :s ~~~ : } _ _.i;, .1 , y , ~ +1' 18 ~-'Tra'ffic"Analysis Zorie'(TAZ)°1 a ..~: t~txn s.~~ g .,,,: •~; ~ <. * ~ ~°*~r° .. ~l':e ,. y L. 1~. ~ .4,~~ "'t" f• ~ } `n..~ ~ Los ~ .~~-b!/2 R a 'F 3*' 4 "4 4~ v li S ,.FL.6 *~~ }R- w . .. ~- i~~ : ~ *;~a ~ A West Ada -Impact Fee Benefit Zone 1 Western-Cities =fImpact`Fee°Assessment'^District '. a ~ ~' t `~ ~ ~~ FIQLeII~e-Stl`~P~t'` . +' ?"4"~e~,Sxtr, ~i ttz~`~ ~ r_ F ;•.,f-i~r ,~ - z., ~#,_ ` ~,r~ ~ "f. $~,~ Local street with~'no bike lane designation No traffic count available 50-feet-of frontage - . '' ~ ',.s,= c~. ; ~:~ f~r~ ' .~~ , , .:, ~ , ~ ~ ~ . 50=feet eristing~ri~ht=of-way{25=feet"fr'om'centerline) ~ ~=' 50-feet required right-of--way for its extension ,t } a •.: 'S'{.~~f},", j.*; t}•jr a r' P ,s. '" /' Florence"Street is improved with a=37 `foot'street°section, with curb, gutter and sidewalk. Eaale'Road`{,Sfate H~Q wa~~°~ .-i~ l~ at°~` , _ _. t~~ ; ~wo°t.'~ ~~,. =a , , , ~ ga Priicipal~arteial ~ ~.: ° y ~' _~ ~.;•, ~m Ott v~-itl '~ 1`~ , ~ ~-l f'}~ ~. ,:~ s ~ w Y ~ $~;~°~ Traffic count of 27,564 on 10/97 ~i °It~' ~`Peak'hour:count'of 2;801kvph on 9/8/98`{s/o Fairview"Aveniie)'~ v ~I•" ~ s• ~ ~~~ ~ "r 1~ ~'~ P~` `~~0'feet~offrontagec=.f>~> ~ ^' .~•°~.,. 1 ~.. - ~~'~~ -.. ~ , k ~_ ~~~t- tt ._ ~ -.~ f i { ° a # p'"~ a.~"~. i . "~ ~ , .,. Y' c ~ ~ y ~., q t' t ~ a ~ ~ s .. ~ !~ . ,. ~ a Eagle Road is improved with 78-feet of pavement with five travel lanes and no curb, gutter or '~~ `~'sidewalk~~ -Eagle Road is State Highway 55 and is under the jurisdiction of the Idaho Transportation Department (ITD) B r Fairview~Avenue~ ~~ ~a . r Principal arterial Traffic'`count 21900°onN10797;•peak Hour.count`on'9/8/98 =.2026 vph,e/o'Eagle~Road 0=feet of frontagea~~...,~.~:~, ~t ~~.:;~~^ .~~ ~~~~~.,_~•~~j..`ci.~`-~ yy C 1~~r! •> }Q s~ • - ~ ~"k,~.~A ~. ~' S a. f ~ ~-5~ L~ s . .sue 4 Fairview Avenue is improved with 68-feet of pavement with five travel lanes and no curb, gutter or sidewalk. _, ~ 4, w}, r` • t,;: 21 ,`t 4 t .- :~'i . }~.t p"'a • r .. ., ~. . l f~~'! ~#fi~ "'i~~ tw-3 ~a. . E' t ^ .a ,«.~~. Utility-street•cuts'in;new:pavement'less than five yearsold'are`not allowed unless°approved'in writingby~theDistrict:•~~ContactConstruction Services°at:387=6280'(with file numbers) for details. w 6 '~;~~ ~ "4n t~ tel. N[CP~9903:Ci~tN( Pase 2 ! _~ • C. The.property owner to the north of the site has indicated to District staff the desire to constrict ~a public roadway from Fairview Avenue to their south property line, which is the subject site's northern property line, and aligned tivith Ventz~re Street on the north side of Fairview Avenue. Staff supports the location of the roadway proposed by the property owner to the north of the site. The subject applicant should be required to extend the roadway into the site if the roadway is constructed, or provide a stub street to the north property line that could connect with a fi-ture roadway from Fairview Avenue to the subject site and aligned with Venture Street. D. Florence Street is an east/west street that•abuts the site's western property line. The roadway has been constructed as a 37-foot street section and serves single family dwellin` units. The subject applicant should be required to extend the roadway into the.site as a 37-foot street section with curbs, gutters, and sidewalks. within ~0-feet o'f right-of--way. The exact layout of the roadway will be reviewed upon a specific development application. E: The applicant maybe required to submit a traffic study upon submittal of a specific development application. F. In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. + G. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. H. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City.of Meridian: .r Site Specific Requirements: In accordance with District policy, stub streets to the undeveloped parcels abuttingkthis site may be required upon review of a future application for this site. 2. The subject applicant may be required to extend anorth/south roadway into the site if the roadway is constricted or provide a-stub street to the north property line that could connect: with a future roadway from Fairview Avenue to the subject `site and aligned with Venture Street. The subject applicant shall be required to extend Florence Street into the site as a 37-foot street section with curbs, gutters, and sidewalks within 50-feet of right-of--way: The exact layout of the roadway shall be reviewed upon a specific development application. 4. The applicant may be required to submit a traffic study upon submittal of a specific development application. ~ICPA9903.CM~t Page Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and De"velopment Supervisor. The request shall ~pecificallY id n ify each requirement to be reconsidered and include a written_exnlanation Qf why such a reg_nirement would result in asubstantial-hardship or inequity. The written r~uPSt shall be submitted to the District no later than 9.00 a m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to,the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made iri writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shat[ data that was not available to the Commission at the time of its ori.~inal decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Constriction Services procedures and all applicable ACHD Ordinances unless specifcally waived herein. An engineer registered in the State of Idaho shall prepare and certify. all•.improvement plans. , 5. The applicant shall submit revised plans for staff approval, prior'to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property, development shall be in conformance"with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. If is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cosrto ACHD. The applicant shall be required to call DIGLINE (1-800-342-1580 at least two full business days prior to brea[cing ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. ~4CPA9903.C/t~( • Page 4 ~. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon. the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its ihtent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the taw in effect at the time the change in use is sought. Conclusion of Law: 1. ACHD, requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity i impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Date of Commission Action: Steve Arnold August 18~.] 999 ' a S iVICPA9903.CVtVI Page HUB OF TREASURE VALLEY • Mayor LEGAL DEPARTMENT ROBERT D. COR A Good Place to Live (,08) 88a_4,6~t Co~~~~I Members - CITY mOF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY R~E~E~Tr,I~ MERIDIAN, IDAHO 83642 ~,~C~~•~~,/~~ (~08) ss~ ~~[I RON ANDERSON R "` ~tl ~~LL;;P. _o a (208) 888-4433 • Fax (208):887-4813. PLANNING AND ZONING KEITH BIRD DEPARTMENT J U L 1 5 1999 J U!. 1 3 ~~~~ (208) 883-5533 _ Meridian City CITY OF 11~RIDIAN ~ - Water Superintendeflt TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendations ,to Meridian°City Hall, Attn: Will'Berg, City Clerk by: Auqust 18, 1999 TRANSMITTAL'DATE: July 13, 1999 HEARING DATE: Auqust 25, 1999 FILE NUMBER: CPA-99-003 REQUEST: COMPREHENSIVE PLAN AMENDMENT FOR TERRACE LAWN MEMORIAL GARDENS. INC. BY: CLARK- DEVELOPMENTIBILL CLARK LOCATION OF PROPERTY OR PROJECT: 4000 BLOCK ~FAIRVIEW AVE, BETWEEN EAGLE ROAD 8~ CLOVERDALE ROAD TAMMY DE WEERD, P/Z .MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C ` GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT .CITY ATTORNEY CdTY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION ' CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) ` + d r ... ~ ~ CENTRAL CEN •• DISTRICT ~RHEALTH DEPARTMENT L DISTRICT HEALTH DEF Environmental Health Division ZTTIENT s Rezone # Conditional Use # ~ ~p- -" Q/ ~7 ` UU .3 Preliminary /Final /Short Plat ... ~~ .,_ ~~ s. ve4.t~V .. K.a~ ,. ~~ ;r._ ~`~ ~ ~ ~,. Return to: ^ Boise ^ Eagle ^ Garden City . Meridian ^ Kuna ^ Acz I. We have No Objections to this Proposal. ~ Cjt,~C ~ ~er1~ a~ 2. We recommend Denial of this Proposal. CJffjc~ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on'this Proposal before we can comment. ,a a s _ ,, ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ highseasonal ground water. ^ waste flow characteristics ^ or bedrock from original grade ^ other ° '` ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ~ z ^ 7. This project shall'be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^: 8. ~ After written approval from appropriate entities are submitted, we can approve this proposal'for•: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual~water r ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality:- ' a ^ central sewage ^ community sewage system ^ community water ^ sewage dry' lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if.other Y considerations indicate approval. ^ 12. If restroom facilities are so be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ` ^ 13. We will- require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ~ ^ child care center ^ beverage establishment ^ grocery store ^ 14. Date: ~/v?3 /~ ? Reviewed By: ~_-~~~ ~ , ` Review Sheet CDHD 10/91 r~, rn. 1/91 ,, ~ , ._ r REc~~l~ J ~1 ~ 2 8 1999 ORGANIZED 1904 ,Q Cite r~l7eridian f~ 1~~~~ ~ • t y ~, ~ ' 1 ~,'~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 July 26, 1999 OFFICE: Nampa °466-7861 '~ SHOP: Nampa 466-0663 Will Berg; City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: CPA-99-003 Terrace Lawn Memorial Gardens, Inc. for Clark Development g/dS Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, ~~~~~~ Bill Henson, Asst. Water Superintendent ' NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File -Shop ' File -Office '~ Water Superintendent .,~ 0 ~~~ ,,~ ~, APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 AUG.20.1999 12~47PM N0.342 P.2i2 ', ~ ~ ! € , CAPITAL DEVELOPMEIIY'T, 'Inc. 1 August 20, 19999 ~ ~.~~ P&Z Commission Meridian City Meridian, ID 83642 Dear Commissioners, We have learned that,a parcel of ground adjacent to the Last of Crossz'oads.subdivision will be discussed at a public hearing during the week of August 23, 1999. It is our understanding that the applicant.is requesting a modification to the City comprehensive plan. We are writing to, support allowing housing adjacent to the East of t$e Crossroads subdivision. We believe this will enhance and complirrient the already existing homes as well as continue in the compliment and transition of housing as"currently allowed further East by the City of Boise Comprehenaiwe Tian. • ` We thank you for servroe to the citizens of Meridian. Sincerely, ~~L .. ~ _ anion Yoi aso 2304 North Cble Road, Su1te-A Bolse; Idaho 83704 Office; (208) 377-3939 Fax; (20B) 375-3271 . AUG 20 '99 13 55 PAGE. 02 AU6.20.1999 12~47PM ~- CAPITAL DEVELOPMENT; Inc. FACSIMILE MESSAGE SHEET r- Date: PLEASE DELIVER THE FOLLOWING PAGES TO: Name: h~~ ~~ dv d 1`(1~ ~ I ~ uv ~~~~°`~ 1'~ 2. , From: \ q~ C~ Q~ r~ N0.34~ P.1f2 We are sending ~ pages (including this page). If you do not receive all pages, " please call us as soon as possible: (208) 377 - 3939 FAX messages to us on (208) 375 - 3271 Thank you. ~~~a~2 feua~ ~I'~"S s ~~ ~~, 2304 North Cole Road, Suite-A Boise, Idaho 83704 "Office: (206> 377-3939 Fax; (208) 375-3271 AUG 20 '99 13 55 PAGE. 81 -° ~ Mayor 1 i HUB OF TREASURE VALLEY ~' ~' ROBERT D. CORRIE i A Good Place to Live LEGAL DEPARTMENTS City Council Members CITY OF MERIDIAN (208) 288-2499 • Fax 288.2501 P CHARLES ROUNTREE 33 EAST IDAHO UBLIC WORKS BUILDING DEPARTMENT GLENN BENTLEY ~ MERIDIAN, IDAHO.83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax {208) 888-4218 DEPARTMENT i (208) 884-5533 • Faz 887-1297 MEMORAN DUM: August 25, 1999 To: ° Planning & Zoning Commission, Mayor and City Council ~~; C_' T~" I ~~ BUG 2 ~ 199 From: Bruce Freckleton, Assistant to City Engineer Steve Siddowa Assistant Planner y _ ~ ~' ~ ` " ~Ie i ' ~' ~ ~~ " i " ~ Brad Hawkins-Clark, Assistant Planner , t °`~ serk ,;iic~ Re: Request for Comprehensive Plan Amendment to Change Land U se from Single-family Residential Designation to Mixed Residential by Clark Develo pment We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions4shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: l APPLICATION SUMMARY: This application is proposing to amend the Comprehensive Plan Generalized Land Use Map for an 11.76-acre parcel from an existing Single Family Residential district to a Mixed Residential district. The property is generally located south of Fairview Ave. midway between Eagle Rd. and Cloverdale Rd. ~ The parcel is bordered by Crossroads Subdivision to the west. The proposed Family Center expansion and Terrace Lawn Memorial Gardens are to the north. The large parcel to the south is owned by the Seventh Day Adventist Church. The eastern boundary is on the edge of Meridian's impact area. The parcel to the east is in Boise's impact area and has a future land use designation of Medium D i nsity Residential, 15 DU/acre. The parcel is currently zoned RT, Rural Transitional, in Ada County. GENERAL COMMENTS: 1. The property is currently designated in the Meridian Comprehensive Plan asSingle-family Residential. 2. The Public Works Dept. has preliminary plans in this general vicinity for a domestic water well. 3. The applicant has requested changing the parcels to a Mixed Residential district. "Mixed Residential" is not defined in the Comprehensive Plan. However, staff feels that the proposed use (multi.-family dwellings) would conform to the intent of the Mixed Residential district. CPA-99-001 ClarkDevMixedRes.CPA ~_ ~-~~p~ ~--} lu u III /~ ti yyQ V 9 F 1 mZ::r i / ~z/~~ -- -i n 0 sm F z y G _ .c .~ ~' ~ C r] ~ ~ m ~ N ~, ~~ ~ ~ Q ~. CD ~. c~ M fj' ~ CD L J cp y /x-1'1 N m m z d D D U m z _, N ~1 O m A An ~ ~ 3 -i n ~ ~ ~ r W D 3 r -( C1 rn z m A m X z N GGNN2GT8 UiITN FAIRVIEW --~ ~_ 0 /~ x'® Y7 L n r O $m F c S 8 E `m f ~~;;11. 7 ~ ~ G ~~ ~-+' ~~ (~ • r•. ,~ r- D y 'C C :~ o ~ ~ CD ~, N ~~ ~" ~ ~' ~.~yY. CO r '! j /Ti Cj' ~ CO l J ~ /~-J1 N m m z 0 D -( D U z _, N -~ 70 O ~D m 3 -i ~~ ~ m W CONNcCTB WITH -AIRVIEW /~ ~' /~ h'`~ Y v m O Q r* ~ ~ ~' M C t~ C \ 1 m ~, N ~'' c9 -~' ~ ~. ._... F ~ ~~'+, a: CO CD c.[~ mess: ~ a..::r•` ~ p H ` ~ m l~'ss; .. I ~i f W L ~ ~~7' G,h f 57~~ rz'-~ d N m m z d D U m z _, -~ 0 rn A .t - i ~~ ~ ~i CONN~GTB WITH PAIRVIEW --~-~ • P&Z Commission/Mayor & Council August 25, 1999 Page 2 4. Staff points out that granting the request would allow higher density multi-family dwellings adjacent to existing single-family homes in the northeast corner of Crossroads Subdivision as well as future single family dwellings to the south. Consideration for adequate buffering of the existing and future residences would need to be carefully considered during future detailed plan reviews. 5. The 1993_ Comprehensive Plan map designates approximately 130 acres, at Thousand Springs Subdivision and Thousand Springs Village Subdivision (built-out as single family subs) as `Mixed Residential'. Granting the requested change would replace a portion of this lost area originally intended for high density residential development. 6. The proposed use of the site. would most likely require an R-15 zone if it is annexed to the City of Meridian in the future. The R-15 zone requires direct access to a transportation arterial or collector and direct access to a park or dedicated open space corridor. The conceptual plan shows a distance of approximately 800 feet from the south right-of--way of Fairview to the north boundary of this project. Staff questions if this would meet the ordinance intent for "direct access to a transportation arterial." 7. Housing Policy 1.1 on page 67 of the Comprehensive plan states that "The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development." This policy would support the proposed change. 8. The City has entered into a contract with SAIC for updating of the existing Meridian Comprehensive Plan. The process is expected to take 12 months. 9. Although changes are occurring in the area that may make other uses desirable in this location, staff feels the request for a comprehensive plan amendment should not be granted at' this time. More detailed policies need to be established regarding the mixed residential areas. 10. Idaho State Code Title 67, Chapter 65, states that the commission may recommend amendments to the land use map component of the comprehensive plan to the governing board not more frequently than once every six (6) months. If this change is recommended for approval, NO CHANGES CAN BE RECOMMENDED FOR ANOTHER SIX MONTHS. RECOMMENDATION: Staff recommends that this application be continued to the September 30, ..1999 special P&Z Commission hearing when all other comprehensive plan amendment applications are to be considered. We reserve the opportunity to provide additional comments at next month's meeting. Staffwill complete a detailed Comprehensive Plan analysis for this application prior to the next meeting. CPA-99-003 ClarkDevMixedRes.CPA ~--~~p~~ ~ lu II lu /~_ 7~ ~_ L n r v Sm F" m Q F `m ~jj ~ ~ l'Sf ~i; 4~ y :jr' 1,~~~~"h !~~.~ 7~ -'- ,/ -~/~~W'`'~'1J i4 `-' • r+- ,~ ~ ~ C C] o ~ \--1~ n 7 tV ~-a '~ ti ~ • c.~ ~'~ ~ ~ ~ CO ~j' ~ C-O fD ~ N m m z d D D d m z A O rn ~1 L~ n ~ ~ 3 -i n r ~ o n m W -~, D 3 r n rn z m ~J m X D z N CCfrN~CTB WITH =AIRVIEW ---~