Meridian Family Center RZ 99-007
BEFORE THE CITY COUNCIL OF
THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR REZONE OF
APPROXIMATELY 11.4 ACRES
FOR EXPANSION OF
MERIDIAN FAMILY
CENTERJCROSSROADS MALL
DEVELOPER DIVERSIFIED
REALTY CORPIDAKOTA CO.,
Applicant.
11-11-99
)
)
)
)
)
)
)
)
)
Case No: RZ-99-007
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION
FOR REZONE
The above entitled matter on the rezoning application of 11.4 acres
having cOIne 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 follO\ving 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 CORPI
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER!
CROSSROADS MALL I (RZ-99-007) - l
FINDINGS OF FACT
1. The notice of public hearing on the application for rezoning was
published for two (2) consecutive weeks prior to said public hearing scheduled for
November 3, 1999, before the City Council, the first publication appearing and
written notice having been mailed to property ovvners 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 announcelnents; 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 opportunity to express comments and submit
evidence.
2. There has been compliance with all notice and hearing
requirements set forth in Idaho Code 9967-6509 and 67-6511, and ~9 11-2w416F::
and 11-2-417 A, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF l1.4 ACRES BY DEVELOPERS DIVERSIFIED R.Ef\LTY CORPI
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER!
CROSSROADS MALL I (RZ-99-007) - 2
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, and maps and the ordinance Establishing the Impact Area Boundary.
4. The property is approximately 11.4 acres in size. The property is
generally located lh mile 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., 8.M., Ada Coumy, Idaho, more particularly described as
foUows:
Commencing at the corner common to Sections 4,5,8 and the said
Section 9, thence South 89022'10" East, 2659.63 feet to the 1/4 corner
common to said Sections 4 and 9; thence South 0048'14" West, 49.74
feet to a poim 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
0048'14" West, 831.11 feet to a point;
Thence North 89035'32" West, 596.18 feet to a point;
Thence North 0025'00" East, 831.11 feet to a point on the southerly
right-of-way of Fairview Avenue;
Thence along said right-of-way South 89035'24" East, 601.79 feet to the
Real Point of Beginning. Containing 11.42 acres (497,816 square feet),
more or less.
5. 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
fINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF I 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER!
CROSSROADS MALL I (RZ-99-007) - 3
application in action "In the Matter 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" [AZ-99-0 12].
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 (1-
L), and is currently vacant.
9. The Applicant requests the property be rezoned to Community
Business District (CC), defined in Section 11.2-408 B 9 of the Revised and COlupiled
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 Meri~n
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 IIA ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER!
CROSSROADS MALL / (RZ-99-007) .4
follO\-ving manner: continued construction and development of the Meridian Family
Center/Meridian Crossroads Mall.
14. The Applicant's requested rezoning of the subject real property as
Community Business District (CC) is consistent "vith 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 "vith the
Comprehensive Plan Generalized Land Use Map.
15. There are no significant or scenic features of major importance
that 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 CommlUlity
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 11.1 ACRES BY DEVELOPERS DIVERSIFlED REALTY CORPI
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER!
CROSSROADS MALL / (RZ-99-007) .5
Centers \,y1ll be encouraged to locate at arterial intersections and
near high-traffic intensity areas.
17. In review of the application for rezone it is provided at Section
11 ~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 that:
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 that 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 \,yith the existing or intended character of the
general vicinity and that such use will not change the
essential character of the same area, subject to the
conditions of the conditional use process;
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 a'i\d
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 AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER!
CROSSROADS MALL I (RZ-99-007) - 6
17.6 The use will not create excessive additional requirements at
public cost for public facilities and services and \-vill not be
detrimental to the economic welfare of the community.
subject to the conditions of rezone in conjunction with the
condi tions of development as required in the Development
Agreement required in AZ-99-0 12 "In the Matter 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" 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-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-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 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 for 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 to add one
eastbound lane from Records Drive to the east
property line.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER!
CROSSROADS MALL I (RZ-99-007) . 7
17.6.5
17.6.6
17.6.7
Construct a ma..ximum of three driveways on
Fairview Avenue a minirnum 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 \vidth will be 40-feet "vith 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 IS-foot radii. Coordinate the
design, storage length and location of any proposed
driveways with District staff.
Construct Records 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 2,1 DO-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.
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 larfes
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 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER!
CROSSROADS MALL I (RZ-99-007) .8
17.6.8
17.6.9
17.6.10
17.6.11
17.6.12
A ma..-Gmum 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 ISO-feet from all existing or
proposed driveways. The driveways shall be
constructed as 24 to 30-foot curb return driveway
with IS-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.
Other than the access points specifically approved
"vith this application, direct lot or parcel access to
Records Drive or Fairview Avenue is prohibited.
Applicant shall submit a revised legal description to
meet all of the criteria required by Meridian City
Resolution 158, and the Idaho State Tax
Commission for the rezone.
Applicant shall prepare and submit a subdivision
plat for any splitting of property.
Applicant shall satisfy all fire code requirements
including those pertaining 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 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER!
CROSSROADS MALL I (RZ.99-007) . 9
17.9 The use ....vill not result in the destruction, loss or damage of
a natural or scenic feature of major importance; and
17.10 The proposed zoning amendment is in the best interest of
the City of Meridian.
18. The legal description of the property that is the subject of this
application for 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. IE., B.M., Ada County, Idaho, more particularly described as
follows:
Commencing at the corner common to Sections 4, 5, 8 and the said
Section 9. thence South 89022'10" East, 2659.63 feet to the 1/4 corner
common to said Sections 4 and 9; thence South 0048'14" 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
0048' 14" West, 831. 11 feet to a point;
Thence North 89035'32" West, 596.18 feet to a point;
Thence North 0025'00" East, 831.11 feet to a point on the southerly
right-of-way of Fairview Avenue;
Thence along said right-of-way South 89035'24" East, 601.79 feet to the
Real Point of Beginning. Containing 11.42 acres (497,816 square feet) I
more or less.
CONCLUSIONS OF LAW
1. The Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within the City and State.
2. The City of Meridian has exercised its authority and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF AFPROV AL OF
REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER!
CROSSROADS MALL I (RZ-99-007) - 10
responsibility as provided by "Local Land Use Planning Act of 1975", coditled at
Chapter 65, Title 67, idaho Code by the adoption of Comprehensive Plan City of
Meridian adopted December 21, 1993, Ord. No. 629. January 4, 1994.
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
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 will 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 11-2A08B(9) as follows:
fC-C) Community 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 residents
and employees; to prohibit strip commercial development and encoUFage
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. Idaho Code ~ 67-6511 provides and requires that the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF ll.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER!
CROSSROADS MALL I (RZ-99-007) - II
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 poli tical subdivision providing public
services, including school districts, within the City's planning jurisdiction and that it
is in conformance vvith the Comprehensive Plan.
6. Idaho Code S 67 -6511A provides:
Each governing board may, by ordinance adopted or amended in
accordance with the notice and hearing provisions provided under
section 67-6509, Idaho Code, require or permit as a condition of
rezoning that an owner or developer make a written commitment
concerning the use or development of the subject parceL The governing
board shall adopt ordinance provisions governing the creation, form,
recording, modification, enforcement and termination of conditional
commitments.
7. The City of Meridian by the adoption of S 11-2-416L 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.
s 11-2~407 A ZONING DISTlUCT MAP provides in part as
follows:
The districts established in this Ordinance as shown on the
Official Zoning Map, together with all explanatory matter thereon, are
hereby adopted as part of this Ordinance. Where uncertainty exists
with respect to the boundaries of any of the zoning districts as shown
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER!
CROSSROADS MALL I (RZ-99-007) . 12
on the Official Zoning Map, the follQ\.ving shall apply:
8.1 vVhere district boundaries are indicated as approximately
follo\ving the centerline of street lines, highway right-of-way lines,
stream.s, lakes or other bodies of water, the centerline shall be
construed to be such boundary;
8.2 Where district boundaries are so indicated that they
approximately follow the lot lines, such lot lines shall be
construed to be said boundaries;
8.3 Where district boundaries are so indicated that they are
approximately parallel to the cemerlines or street lines of streets,
or the centerlines or right-of-way lines of highways, such district
boundaries shall be construed as being parallel thereto and at
such distance therefrom as indicated on the Official Zoning Map.
If no distance is given, such dimensions shall be determined by
the use of the scale shown on the Official Zoning Map; and
8.4 Where the boundary of a district follows a railroad line, such
boundary shall be deemed to be located in the middle of the main
tracks of said railroad line.
9. S 11-2-416 K of the Municipal Code GENERAL STANDARDS
APPLICABLE TO ZONING AMENDMENTS provides in part as follows:
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 answering the
following questions about the proposed zoning amendment:
9.1 The new zoning will be harmonious with and in accordance ,,\lith
the Comprehensive Plan. -:
9.2 The area is not intended to be rezoned in the future.
9.3 The area is intended to be developed in the fashion that is
allowed under the new zoning.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER!
CROSSROADS MALL I (RZ-99-007) - 13
9.4 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 "vill not change the essential character of the same area;
9.6 The proposed uses will not be hazardous or disturbing to existing
or future neighboring uses;
9.7 The area will be served adequately by essential public facilities
and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water, sewer or that the
person responsible for the establishment of proposed zoning
amendment shall be able to provide adequately any of such
services;
9.8 The llse will not create excessive additional requirements at
public cost for public facilities and services and will not be
detrimental to the economic welfare of the community;
9.9 The proposed uses will not involve uses, activities, processes,
materials, equipment and conditions of operation that \vill 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 -
natural or scenic feature of major importance; and -:
9. 12 The proposed zoning amendment is in the best interest of the
City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF l1A ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER!
CROSSROADS MALL I (RZ-99-007) - 14
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:
1. The Applicant's request for rezone of approximately 11.4 acres
for continued construction and development of the Meridian Family Center/Meridian
Crossroads Mall is granted, subject to the terms and conditions of this Order
hereinafter stated; and
2. The City Attorney was directed in Case No. AZ-99.0 12 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 condi tional use permi t process as a
planned development.
Conditions of Development:
2.2 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
FINDINGS OF FACT AND CONCLUSIONS OF lAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER!
CROSSROADS MALL I (RZ-99-007) - 15
subdivision plat or execution of a warranty deed prior to issuance
of any 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 300-feet south of
Fairview Avenue and 60-feet of right-of-way (3D-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.
2.4 Construct 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 for the
development showing the sidewalk must be approved prior to
issuance of a building permit.
2.S 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.
2.6 Construct a maximum 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..ximum
driveway width will be 40-feet with a minimum storage length of
IOO-feet. Install a 36" by 36" high intensity STOP sign at the
driveway's intersection with Fairview Avenue. Construct
pavement tapers with IS-foot radii. Coordinate the design.
storage length and location of any proposed driveways with
District staff.
2.7 Construct Records Drive as a 65-foot street section (with curb,.
gutter and S-foot wide concrete sidewalk) from Fairview AvenCie
to a point 300-feet south of Fairview Avenue. Records Drive shall
be located approximately 2,1 OO-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 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER!
CROSSROADS MALL I (RZ.99-007) - 16
(
300-feet south of Fairview. Dedicate sufficient right-of-way for
the noted improvements.
2.8 Constmct 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 constmction.
2.9 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 ISO-feet from all existing or
proposed driveways. The driveways shall be constmcted as 24 to
30-foot curb return driveway with IS-foot curb radii. The
minimum storage length shall be 50-feet. Install a 36" by 36"
high intensity ?TOP 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 158, and the
Idaho State Tax Commission for the rezone.
2.12 Applicant shall prepare and submit a subdivision plat for any
splitting of property.
2.13 Applicant shall satisfy all fire code requirements including those
pertaining to water flow and fire hydrants.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI
DAKOTA CO. FOR EXPANSION OF MERIDLAN FAMILY CENTER!
CROSSROADS MALL I (RZ-99-007) . 17
3. The City Attorney shall prepare for 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 application to (C-C) Community Business
District (s L 1-2-408 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 Department shall
prepare the appropriate mapping changes of the official Zoning Maps as provided in 9
11-2A25 of the Revised and Compiled Ordinances of the City of Meridian in
accordance vvith the provisions of the rezoning ordinance.
FlNDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 11.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CaRPI
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER!
CROSSROADS MALL I (RZ-99-007) - 18
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 rezoning may, within twenty-eight (28) days after the date
of this decision and order, seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular meeting held on
tYol/ernbet-
{L,1999.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED tjev,"-
COUNCILMAN CHARLIE ROUNTREE
VOTED~
VOTED~
VOTED*"
COUNCILMAN GLENN BENTLEY
COUNCILMAN KEITH BIRD
-
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: 11-16-C/r
VOTED
MOTION:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF l1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER!
CROSSROADS MALL I (RZ-99-007) - 19
APPROVED: ~--
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
By:~~PJJevh 9"
II
Dated: 11--/6--f9
I
City Clerk
-
"
'-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF I 1.4 ACRES BY DEVELOPERS DIVERSIFIED REALTY CORPI
DAKOTA CO. FOR EXPANSION OF MERIDIAN FAMILY CENTER!
CROSSROADS MALL I (RZ-99-007) - 20