Family Center & Crossroads AZ 99-012Revised 11-18-99
BEFORE THE MERIDIAN CITY COUNCIL
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 )
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, 1999, 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 ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012
zoning 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 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 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 AND 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 approximately 13.09 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 NWl/4 of the NE 1/4 of Section 9, T. 3N., R.
1E., 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 89022'32'' East, 2659.01 feet;
thence along said section line South 89°22'10'' East, 708.49 feet;
thence leaving said section line South 00o37'28'' West, 47.09 feet to a point on
the South right-of-way line of Fairview Ave. (US Highway 30);
thence leaving 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 89o35'24'' 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 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012
8. 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 11.4 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
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 and development 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.
17. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Recommendations of the 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.
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-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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012
17.3
17.4
17.5
17.6
17.7
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.
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.
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 maximum driveway width
will 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 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 2,100-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.
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- Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012
17.8
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 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.
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. 17, 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
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.
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 Communi{y Shopping Centers should be guided by
performance and development standards which consider that Commercial Activi~
Centers be located in proximi~ to other commercial developments and minimize
impacts upon other ad}acent areas.
21.2 The Commercial Policies Section states - Community Shopping Centers
will be encouraged to locate at arterial intersections and near high-traffic intensi~
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 CONCLUSIONS OF LAW- Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012
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.
2. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing 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. 629, January 4, 1994.
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.1 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.
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
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 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 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
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 11-9-616 which pertains to development time schedules and requirements;
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 11-2417 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 LAW - 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 make a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel.
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.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3. Developer enter into a Development Agreement, 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 Owner/Developer that the
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012
property shall be subject to re-zone and/or de-annexation, with the City of Meridian,
which 'provides for the following conditions of use and development to-wit:
Conditions of Use:
17.1
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:
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.
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 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.
17.4
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.
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.
17.6
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 maximum driveway width
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012
17.7
17.8
17.9
17.10
17.11
will 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 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 2,100-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.
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.
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 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.
Other than the access points specifically approved with 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
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
Tax 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.
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 § 67-652 ! an affected person is a person who
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS 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
day of /ffgSP/,"~P'~~ , 1999.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED~t~~
COUNCILMAN GLENN BENTLEY
VOTED~~
COUNCILMAN KEITH BIRD
VOTED_~
COUNCILMAN CHARLIE ROUNTREE
VOTED~-Z-'~
MAYOR ROBERT D. CORRIE (TIE BRF_.AKER)
DATED:
VOTED
MOTION:
APPROV~ISAPPROVED.
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Dated:
Department and the City Attorney.
~l~y' Clerk ' ' ~' ~'
msg/Z:\WorkX3A'Cderidian 15360M~evelopers DiversifiedxAZFfCls
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/DEVELOPERS DIVERSIFIED
CASE NO. AZ-99-012