Developers Diversified CPA Amdmt 99-002
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF DEVELOPERS
DIVERSIFIED FOR A
)
)
)
COMPREHENSIVE PLAN )
AMENDMENT TO CHANGE LAND)
USE FROM RESIDENTIAL TO )
COMMERCIAL FOR 4000 E. )
FAIRVIEW AVE., MERIDIAN, )
IDAHO )
)
II-I 1-99
CASE NO. CPA-99-002
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 3rd 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 the Applicant, Larry Durkin of Developers Diversified Realty /
Dakota Company, Inc., appeared and testified, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP -
DEVELOPERS DIVERSIFIED REALTY CORP.
PAGE 1 OF 16
this application, and 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
I. 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
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 s 67-6509.
3. The property which is the subject of the application for amendment is
herein described as follows to-wit:
A parcel of land located in the NWl/4 of the NE1/4 of Section 9, T.3N.,
R.IE., B.M., Ada County, Idaho, more particularly described as follows:
Commencing at the N 1/4 corner of said Section 9 from which the NE corner
of said Section 9 bears South 89022'32" East, 2659.01 feet;
thence along the North-South center line of said Section 9 South 00048'14"
West, 49.74 feet to a point on the South right-ofwway line of Fairview Ave.
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP -
DEVELOPERS DIVERSIFIED REALTY CORP.
PAGE 2 OF 16
(US Highway 30), said point being the REAL POINT OF BEGINNING;
thence along said South right-of-way line South 89035'24" East, 708.66 feet;
thence leaving said South right-of-way line South 14059'32" West, 276.87 feet;
thence South 00048'1411 West, 554.06 feet;
thence North 89035'24" West, 640.79 feet to a point on the North-South
centerline of said Section 9;
thence along said North-South center line North 00048'14" East, 822.02 feet
to the Real Point of Beginning, containing 12.30 acres, more or less.
4. The subject real property is generally located 112 mile east of Eagle Road
at 4000 E. Fairview Ave., Meridian, Idaho, and has 708.66 feet of frontage on
Fairview Avenue, and is approximately 822 feet deep and is presently in the county
zoned County RT Rural Transition zone, and lies within the City of Meridian Impact
Area boundaries, and is subject to the Comprehensive Plan of the City of Meridian.
5. The City has complied with the referral process with Ada County for the
requested amendment of the Comprehensive Plan.
6. The Applicant is Developers Diversified Realty Corporation, of 3300
Enterprise Park Way, Beechwood, Ohio 44122. The owner of the real property is
Terrace Lawn Memorial Gardens, Inc., Daniel Gibson and Carolyn Gibson of 1200
N. Cloverdale Road, Boise, Idaho, and 19500 Highway 20/26 Caldwell, Idaho. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP -
DEVELOPERS DIVERSIFIED REALTY CORP.
PAGE 3 OF 16
Applicant filed a written Comprehensive Plan amendment application with the
consent and permission of the owners of the real property.
7. Pursuant to the application, the affected property is generally described
as a 12.3 acre parcellh mile east of Eagle Road at 4000 E. Fairview Ave.; the affected
property is currently designated Single Family Residential.
8. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Title II, 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.
9. The Applicant requested the Comprehensive Plan amendment and the
application was not initiated at the request of the City of Meridian.
10. The proposed application requests a Comprehensive Plan amendment to
change the designation of the subject property from Single Family Residential to
Commercial. The designation change as requested by the Applicant requires an
amendment to the Comprehensive Plan of the City of Meridian. (City of Meridian
Comprehensive Plan, pg. 78-79).
II. The property immediately east and south of the subject parcel is an
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP -
DEVELOPERS DIVERSIFIED REALTY CORP.
PAGE 4 OF 16
existing cemetery, which is located in Ada County. Applicant is requesting the Land
Use Designation be amended to Commercial, in order to integrate the property into
the Family Center at the Meridian project. The 1993 Comprehensive Plan Land Use
Chapter states - Commercial and retail areas are established along the Fairview Avenue
conidor. Section #4 of the Comprehensive Plan - Commercial Activity Centers, states
w The location of Community Shopping Centers should be guided by pelformance and
development standards which consider that Commercial Activity Centers be located in pm'Cimity
to other commercial developments and minimize impacts upon other adjacent areas. The
Commercial Policies Section states - Community Shopping Centers will be encouraged to
locate at arterial intersections and near high-traffic intensity areas. The reclassification of
this project to land use of "Commercial" will meet all of these stated goals and
policies, integrate the property into an existing commercial development and provide
a buffer from the existing cemetery to the south and east. It is highly unlikely that
the property to the east of the subject property would change from a cemetery use,
which provides an excellent buffer to a commercial development.
12. The development intentions for the subject real property is to integrate
the subject property into the existing Family Center at Meridian [this is the
development which is subject to the conditional use permit for an 848,000 square
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP w
DEVELOPERS DIVERSIFIED REALTY CORP.
PAGE 5 OF 16
foot retail shopping center which is a 74.74 acre site herein above mentionedJ. It is
the intent of the developer to create a commercially zoned property including the
subject property which is approximately 24 acres in size. A Mixed Use Commercial
development is planned in conjunction with the retail shopping center.
13. The conditions or situation which warrants a change being made from
Single Family Residential to Commercial includes the fact that since the approval of
the existing Comprehensive Plan there has been improvements to Eagle Road to
make it a full five (S) lane road, and the property along Fairview Avenue adjacent and
to the west of the subject property all the way to the intersection of Eagle Road and
Fairview has been approved for the Applicant's conditional use permit for an 848,000
square foot retail shopping center, which is a 74.74 acre site, which is now being
built. Considering the subject application is an extension of that development, which
has taken into account development conditions, and considerations to buffer the
commercial development, and the heavy traffic on Fairview and Eagle Roads from the
Single Family Residential development, which lies to the south of the retail shopping
center and considering previous conditions at the time of the adoption of the
Comprehensive Plan that all of said area was undeveloped and considering the
existing conditions, trends, desirable goals and objectives, and the desirable future
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP -
DEVELOPERS DIVERSIFIED REALTY CORP.
PAGE 6 OF 16
situations of this area.
14. It is found to be in the best interests of the City to grant the requested
application to enable appropriate zoning of the subject area as the same shall be
annexed into the City.
CONCLUSIONS OF LAW
I. The procedural requirements of the Land Use Planning Act and of the
Comprehensive Plan of the City of Meridian require notice of the time, place, and a
summary of the proposed amendment to the Plan, the publication of which is to be
fifteen (IS) days prior to the hearing; copies of all notices are to be made available to
newspaper, radio, and television stations. (Meridian Comprehensive Plan
Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code S
67-6S09(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 6S, Title 67, Idaho Code (I.c. s
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER .A1v1ENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP -
DEVELOPERS DIVERSIFIED REALTY CORP.
PAGE 7 OF 16
to adopt ordinances by the establishment of a Planning and Zoning Commission by
ordinance pursuant to Idaho Code S 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.I 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP w
DEVELOPERS DIVERSIFIED REALTY CORP.
PAGE 8 OF 16
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
one every six (6) months. (Idaho Code s 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 S 67-6509(b).
7. The Comprehensive Plan of the City of Meridian provides at page 79 in
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP -
DEVELOPERS DIVERSIFIED REALTY CORP.
PAGE 9 OF 16
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 "vritten
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 (I) 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,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP -
DEVELOPERS DIVERSIFIED REALTY CORP.
PAGE 10 OF 16
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
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 Commercial
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 1-84 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,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP -
DEVELOPERS DIVERSIFIED REALTY CORP.
PAGE 11 OF 16
10.3 Quality residential neighborhoods, north, south, east, and west of
Old Town.
10.4 Planned mixed uses along 1-84, 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.
II. 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,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP -
DEVELOPERS DIVERSIFIED REALTY CORP.
PAGE 12 OF 16
11.4 Encourage sidewalks and paved streets for all existing
neighborhoods through joint ACHD/Local Improvement District
programs.
II.5 Encourage compatible infm development which will improve
existing neighborhoods.
12. The requirements for a Comprehensive Plan are set forth in I.c. S 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 Commercial
designation is granted.
2. The City Attorney is directed to prepare for consideration by the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP -
DEVELOPERS DIVERSIFIED REALTY CORP.
PAGE 13 OF 16
Council the appropriate Resolution directing the Comprehensive Plan Land Use Map
Component change of the subject real property from Single Family Residential to
CommerciaL
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 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP -
DEVELOPERS DIVERSIFIED REALTY CORP.
PAGE 14 OF 16
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code s 67-6521. An affected person 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 I {)76.... day of
/Iov.efrl ~
,1999.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED
,A
COUNCILMAN GLENN BENTLEY
VOTED ~-.
COUNCILMAN KEITH BIRD
VOTED telA\,
COUNCILMAN CHARLIE ROUNTREE
VOTED ~&!J.
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP -
DEVELOPERS DIVERSIFIED REALTY CORP.
PAGE 15 OF 16
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: ;1-(6 -~Cj
MOTION: ~~
APPROV :
-----====-:ISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department, appropriate Ada County officials, and the City Attorney.
tl
nydJd&~Afk;. C)
City Clerk
Dated:
/1-16--11
msglZ:\ W ork\M\Meridian ] 53 60M\Developers Diversified\FfClDecOrdCP A
\\\\1%1 Ii mUtJ I
.oJ.' rr.:: Alii.... 111I
.....'-'.,JI 0, aW!:;~...., ..........,
....... ~"' .~.4 ~~
.;::.' c} ~~ ~11' ~
>t' ';fJ ~, ~
fl".. ;0 ";
~ ~
E ~
- SEAL
. 1"~ (;!J
~ "'Z~G~ ,Q) (')!2
.0;. <J (;ir 151 . .J!' .$'
'P-:,. ~Co d"\'t' ,,':':-
"',I y,; ,'\
'III) i.Jt.rr'(" \ \ ,
IIIIIIHIII tllU\~\\\
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP -
DEVELOPERS DIVERSIFIED REALTY CORP.
PAGE 16 OF 16