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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