McNelis Subdivision AZ 04-004BEFORE THE MERIDIAN CITY COUNCIL
C/C 05/25/04
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 34.6 ACRES FOR
PROPOSED McNELIS
SUBDIVISIONFROM RUT TO I-L,
L-O, AND G-C, LOCATED ON THE
NORTHWEST CORNER OF
USTICK ROAD AND TEN MILE
ROAD, WITHIN SECTION 34 OF
TOWNSHIP 4 NORTH, RANGE 1
WEST, MERIDIAN, IDAHO
FALCON CREEK, LLC,
APPLICANT
Case No. AZ-04-004
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public heazing
on May 25, 2004, at the hour of 7:00 p.m., and Brad Hawkins-Clark for the Planning and Zoning
Department, Becky McKay, Kathleen Denny, Nathan Denny, Charles Crane, Dana Borquist,
Janet Wilder, Steve Weber, and Bruce Mills, appeared and testified, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 1 OF 23
There has been compliance with all notice and heazing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
The property which is the subject of the application for annexation and
zoning as described in the application, is approximately 34.6 acres in size and is located on the
northwest corner of Ustick Road and Ten Mile Road, within Section 34 of Township 4 North,
Range 1 West, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the
Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan.
4. The owner of record of the subject property is Falcon Creek, LLC, and A. Leon
Blaser is an authorized agent for Falcon Creek, LLC, who has provided notarized consent for the
subject application. Applicant is Falcon Creek, LLC.
5. The property is presently zoned RUT (Ada County), and there is an existing
residence with other outbuildings currently on the site.
6. The Applicant requests the property be zoned as L-O, I-L, and C-G.
The subject property is surrounded by the following properties and uses:
North: Waste Water Treatment PIanUIdaho Power transmission line/Mini-storage,
zoned I-L.
South: Single-family homes (Englewood Creek Estates), zoned R-4.
East: Single-family homes (Hartford Subdivision), zoned R-4/Single-family home
on 75-acres, zoned RUT (Ada County).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDNISION
(AZ-04-004)
PAGE 2 OF 23
West: Single-family homes on large parcels, zoned R-2, C-N, and RUT.
8. The Applicant proposes to develop the subject property in the following manner:
A commercial subdivision with 16 buildable lots and 5 other/common lots.
9. The Applicant requests zoning of the subject real property to L-O (Limited
Office), I-L (Light Industrial), and C-G (General Retail and Service Commercial) which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Mixed Use -Waste Water Treatment Plant.
10. The Five Mile Creek and the Nine Mile Creek are significant natural features that
should be protected through standard stormwater and run-off management practices. There are
no other significant or scenic features of major importance that affect the consideration of this
application.
11. The City Council recognizes the concerns of neighbors, and the neighboring
homeowners association contained in a petition submitted pertaining to this matter.
12. Giving due consideration to the comments 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:
A. Adopt the Conditions and Recommendations of the Meridian Planning & Zoning and
Public Works Departments as follows:
'ANNEXATION & ZONING FACTS AND CONDITIONS
The submitted legal description appears to meet the requirements of the City of
Meridian and State Tax Commission and will place the parcel contiguous to existing
city limits.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 3 OF 23
2. The subject property is within the Urban Services Planning Area.
3. All future development of the subject property shall be constructed in accordance
with City of Meridian ordinances in effect at the time of development.
4. A Development Agreement (DA) shall be entered into between the City of Meridian
and the property owner(s). The DA shall require that:
All proposed uses on future lots or pazcels that abut Ustick Road and/or Ten
Mile Road, and/or abut the Nine Mile Creek (shown as Lots 2, 3, and 4,
Block 2, and Lots 1-5, and 7, Block 1, on the concurrent preliminary plat)
shall be approved through the Conditional Use Permit process. All principally
permitted uses, as defined herein, within lots or parcels that do not abut
Ustick Road and/or Ten Mile Road, and that do not abut the Nine Mile Creek
(shown as Lots 5-7, Block 2, and Lots 8-9, and 11-12, Block 1, on the
concurrent preliminary plat) shall not require separate Conditional Use Permit
approval.
No building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building structure or land be established or
change in use on this site without first obtaining a Certificate of Zoning
Compliance (CZC) from the Meridian Planning and Zoning Department
(MCC 11-19-1).
Business hours for the I-L and L-O zoned properties shall be limited to 7 am
to 10 pm.
The permitted and prohibited use list for each proposed zoning district
outlined in the Special Consideration section of this report shall be
incorporated into the Development Agreement document. Incorporate into the
development agreement language that prohibits convenience stores and gas
stations in the C-G zone.
5. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per-City C7dinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be used for non-domestic
purposes such as landscape irrigation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 4 OF 23
B. Adopt the Ada County Highway District's report dated Apri12, 2004, which report lists site-
specific requirements, conditions of approval and street improvements.
C. The applicant shall comply with the requirements and conditions in the corresponding
Preliminary Plat, Case No. PP-04-004.
D. Adopt the action of the City Council taken at their May 25, 2004 meeting as follows:
For clarification:
1. The applicant shall work with the Nampa & Meridian Irrigation District to make sure
that the pump station is not located directly across from Mr. Crane's bedroom
window.
2. The applicant shall be allowed convenience stores and gas stations in the C-G zone
for consideration as conditional uses on the corner of Ten Mile and Ustick Roads. A
detailed conditional use permit application would be required for any uses in the
proposed C-G zone. Through this process, conditions can be placed on the facilities
to minimize impacts on residential properties.
3. The applicant shall provide for the pathway easement for connectivity between the
north and south point of the pathway on the northern portion of the property line.
4, The access point onto Ten Mile which is proposed as a right in, right out, as shown
on the preliminary plat be eliminated.
5. On the I-L portion of the project, if a contractor yard is constructed, any company
vehicles, equipment, and any and all materials, must be either in an enclosed building
or behind site obscuring fences during non-working hours, and such shall be located
at the rear of the property.
6. Across-access agreement shall be required between all lots adjacent to the
commercial property on the corner.
There is a widely recognized need for infrastructure improvements sooner, rather
than later, especially as it respects large developments, the Owner/Developer, as
condition of annexation and zoning, shall participate in the negotiations with Ada
County Highway District, and shall become a party to any eventual agreements
worked out by the developer/ACHD Group.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 5 OF 23
Therefore, as a condition of annexation, and as a condition of the Development
Agreement, Applicant shall participate in any road infrastructure agreements
negotiated with ACRD and shall faithfully perform the terms of such agreement
or agreements.
13. In Chapter VII of the Comprehensive Plan, the following standards apply to the
Mixed Use-Waste Water Treatment Plant (MU-WWTP):
• Light, professional office uses
• Flex space uses, including light warehousing
• No new residential uses
• Limited, small-scale retail uses
• Mini-storage uses
Unless otherwise permitted by City-adopted incentives, all developments
within this designated area will require approval through the Conditional Use
Permit process.
The following Goals, Objectives, and Action items contained in the 2002
Comprehensive Plan to be applicable to the annexation and zoning application:
Chapter IV, Goal I, Objective A, Action item 6
Chapter VII, Goal IV, Objective A, Action item 4
Chapter VII, Goal I, Objective B
Chapter VII, Goal IV, Objective A, Action item 2
Chapter VI, Goal IV, Objective A, Action item 17
Chapter VII, Goal IV, Objective A, Action item 8
Chapter VII, Goal IV, Objective A, Action item 1
Chapter IV, Goal II, Objective C, Action item 1
Chapter VII, Goal IV, Objective D, Action item 2
Chapter VI, Goal II, Objective A, Action item 12
Chapter VII, Goal IV, Objective D, Action item 4
Chapter V, Goal III, Objective D, Action item 5
Chapter V, Goal I, Objective A, Action item 11
Chapter V, Goal 1, Objective A, Action item 4
Chapter VI, Goal II, Objective A, Action item 3
It is found with an executed Development Agreement (DA) that restricts future uses
on this site, and separate Conditional Use Permit review for future buildings, the requested zoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDNISION
(AZ-04-004)
PAGE 6 OF 23
designations, I-L, L-O, and C-G, will be harmonious with and in accordance with the 2002
Comprehensive Plan and the MU-W WTP designation.
14. Concurrent with the annexation and zoning application; the applicant has submitted a
preliminary plat proposing to subdivide the property into lots for future light-industrial, office, and
commercial/retail uses (PP-04-004). With the approval of this annexation and zoning, it is not
anticipated that the applicant would rezone the subject property in the future.
15. The Comprehensive Plan requires all developments within the MU-W WTP area to
obtain Conditional Use Permit (CUP) approval. It is proposed that the City modify this requirement
for separate CUP approval for each lot and cover what uses will be allowed and prohibited using a
Development Agreement, with separate CUP approval for the lots that abut Ustick Road, Ten Mile
Road and the Nine Mile Drain.
16. This area is changing from agriculture and low-density residential uses to more
commercial/industrial type uses. There are mini-storage units and an Idaho Power transmission
facility directly north of this site. There is a large parcel directly to the west of this site that recently
rezoned to C-N (Neighborhood Commercial). The wastewater treatment facility to the north has
created questions concerning what uses are appropriate adjacent to the facility. The City has
previously determined that limited light industrial uses may be appropriate adjacent to the
wastewater treatment facility. It is believed that the proposed zoning designations, and future uses on
this site will be developed in a fashion similar to what exists and anticipated for this area.
Neither Ustick Road nor Ten Mile Road abutting this site is currently within ACHD's
Five Year Work Program or Capital Improvements Plan (CIP). Other urban services, such as sewer
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 7 OF 23
and water, have been brought near to this site and the applicant should be able to extend such
services to the site. There are properties that are currently within the City limits, abutting all four
sides of this site.
17. The applicant has noted just one specific user for this site, amini-storage facility.
Detailed development plans (site plan including elevations, landscaping, pazking, etc.) have not been
submitted for this use, or any other use, at this time. The Development Agreement shall address the
appropriate and harmonious uses that would be allowed for the site so that they would be
harmonious with the existing and intended character of the area.
The existing character of the area will, and is, currently changing, especially upon build-out
of the proposed project and other similar projects in the general vicinity of the wastewater facility. It
is not found that the proposed zoning/uses will adversely change the essential character of area. It is
found that the proposed I-L, L-O, and C-G zones, and subsequent uses allowed with a Development
Agreement that are designed, constructed, operated and maintained in accordance with city
ordinances and future CUP applications, should be harmonious and appropriate in appearance with
the existing character of the vicinity.
18. The Council has received letters, and listened to testimony from near-by property
owners, on how the development of this site is critical to the existing quality of life in the area. It is
believed that the uses listed within the Special Consideration "A" of the staff report table aze not
hazardous and will not be disturbing to existing or future neighboring uses.
19. This site has approximately 900 feet of frontage on Ustick Road, and approximately
900 feet of frontage on Ten Mile Road, which are both currently 2-lane arterial roadways. Neither
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDNISION
(AZ-04-004)
PAGE 8 OF 23
Ustick Road, nor Ten Mile Road is in the ACHD's Five Year Work Plan or CIP for roadway
widening. The applicant will be required to make improvements (landscaping, sidewalk, auxiliary
lanes, etc.) adjacent to Ustick Road and Ten Mile Road. The ACHD Commissioners reviewed and
approved this application on March 24, 2003. As part of the ACHD approval, site-specific-and
standard conditions for development were imposed on the applicant. NOTE: ACHD is allowing two
driveways, aright-in/right-out and afull-access, on Ten Mile Road. It is recommended that the
development construct one driveway to Ten Mile Road.
On February 27, 2004, a joint agency/department comments meeting was held with
representatives ofkey service providers to this property. The Meridian Fire and Police Departments
have submitted a list of conditions and needs in order to adequately serve the project. The applicant
should coordinate the location and design of refuse container(s) with Sanitary Services Company
(SSC). Trash enclosures must be built in the location and to the size approved by SSC. All
dumpster(s) must be screened in accordance with MCC 11-12-1.C. All of the detailed conditions
from the Fire and Police Departments and other agencies/departments are listed within the
corresponding application conditions, Preliminary Plat, PP-04-004.
Water and sanitary sewer service to this development is proposed to be extended from
existing/or mains being installed in adjacent subdivisions.
It is found that the property proposed for annexation and zoning can be served
adequately by essential public facilities and services.
20. The applicant will be financing the extension of sewer, water, local street
infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 9 OF 23
the development area will be fire and police services. It is found that there will not be excessive
additional requirements at public cost and that the annexation and zoning will not be detrimental to
the community's economic welfare.
21. It is recognized that traffic and noise will increase with the development of this site;
however, it is not believed that the amount generated will be detrimental to the general welfare of the
public. It is found that the proposed zoning and subsequent uses allowed with the Development
Agreement and, if applicable, a Conditional Use Permit should not be detrimental to people, property
or the general welfare of the area. It is not anticipated that the proposed annexation and subsequent
uses will create excessive noise, smoke, fumes, glare, or odors.
22. Traffic will increase in this area when the site develops. The applicant is proposing
two vehicular approaches to Ustick Road and three vehicle approaches to Ten Mile Road to the
property. Review of the ACRD report for this project will provide additional information.
23. The Five Mile Creek and Nine Mile Creek are immediately adjacent to the site.
The applicant is proposing to leave both the Five Mile Creek and the Nine Mile Creek open and
construct a 10-foot wide multi-use path along both creeks. It is found that the Five Mile Creek
and the Nine Mile Creek are significant natural features that should be protected through
standard stormwater and run-off management practices. Staff is not aware of any other natural or
scenic feature(s) of major importance in the area that maybe affected by the proposed
development. Any existing trees larger than 4" caliper that are removed shall be mitigated for,
per the Landscape Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE ] 0 OF 23
24. It is found that the annexation of this property would be in the best interest of the
City for the following reasons:
• increased commercial land base available to future developers;
• increased properly tax revenue;
• municipal services are available to the area; and
application substantially complies with the Comprehensive Plan.
It is also found that, based upon the fact that specific uses are not proposed at this
time, it is difficult to fully determine "best interest" factors. However, the CUP process does
grant the City a fairly high degree of design and use review authority when specific uses are
proposed.
ANNEXATION & ZONING SPECIAL CONSIDERATIONS
A. Development Agreement:
According to the current Comprehensive Plan, all developments within the MU-WWTP
area require approval through the Conditional Use Permit (CUP) process. Staff is
proposing that the City modify this requirement for separate CUP approval for all uses in
this development, and cover what uses will be allowed and prohibited using a
Development Agreement. Separate CUP approval for only the lots that abutting Ustick
Road, Ten Mile Road and the Nine Mile Creek should be required. Staff believes that this
modification will allow the City to control design and use issues required by ordinance,
while allowing the proposed uses to bypass the public hearing process. This makes the
process of pulling building permits more efficient for the developer(s) and the City.
Below is the proposed list of allowed and prohibited uses for each zone*
I-L Zone:
Permitted Uses*x
Animal Hospital/Kennel
Automobile Repair Shop/Garage/Wash
Automobile Service Station
Construction Businesses: Contractor's Yard; Sheet Metal Shop; Roofing Shop; Sign
Painting Shop; and Indoor/Outdoor Storage Yards
Crematorium* **
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 11 OF 23
Drive-in Theatres; Drive-in Establishments***
Dry Cleaning***
Flex Space: Office/Warehouse Mix
Greenhouses, nurseries
Laboratories (Medical, Dental, and Optical)
Laundries, commercial
Mausoleum*
Medical Research Facilities
Molded Plastic Products
Mortuary***
Newspaper and Printing Establishment
Pazks and Plazas
Pharmacy (drive-thru requires CUP approval)
Printing, Lithography, Publishing and Associated Reproduction (exclusive of Paper
Manufacturing)
Public &Quasi-Public Uses (as defined in the Meridian Comprehensive Plan)
Radio and Television Stations (except exterior communications facilities districts)
Recycling Plants***
Sales: Building Materials; Hay, Grain, etc., Bulk Garden Supplies; Machinery
Seed and Gazden Supply
All uses listed in MCC 11-8-1 as "Permitted Use" in the I-L zone, except:
Prohibited Uses
Asphalt and Concrete
Automobile Wrecking Yazd and Storage
Fuel Yards
Junk Yards
Lumber Yards
Mobile Home Manufacturing
Outdoor Entertaimnent Centers
Railroad Yards and Shops
Restaurants
Retail Stores
Sales Lots (Auto, Recreation, Agricultural; etc.)
School -Private
Solid Waste Transfer Stations
Truck Stop
L-O Zone:
Permitted Uses**
Bakery Stores
Clubs. and Lodges
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 12 OF 23
Dry Cleaning***
Gazage, public
Greenhouse, nursery
Laundromat (self-service)***
Nursing Home and Sanitariums***
Public Parking Lot
Public and Quasi-public (as defined in the Comprehensive Plan)
Radio and T.V.
Research Facility
Technical School***
Veterinary Clinics and Hospitals
All uses listed in MCC 11-8-1 as "Permitted Use" in the L-O zone, except:
Prohibited Uses
Apartment Houses
Childcaze Center
Convenience Store
Department Store
Drive-in Theatre, Drive-in Establishment
Family Childcare Home
Group Childcare Home
Hospitals
Hotels
Motels
Multi-family Dwellings
Nurseries and Daycare Centers
School -Private, Public
C-G Zone****•
Permitted Uses**
All uses listed in MCC 11-8-1 as "Permitted Use" in the C-G zone, except:
Prohibited Uses
Bars, Alcohol Establishments
Contractor's Yazd
Entertainment Centers, Outdoor
Lumber Yard
Nursing Homes and Sanitariums
Truck Stops
This list is not an exhaustive inventory of all possible uses. VJhen/if a use is
proposed that is not specifically listed, such use shall be hereby expressly
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 13 OF 23
prohibited unless by application and authorization it is determined by the Planning
and Zoning Administrator that said use is similar to and compatible with a listed
permitted use. Such use(s) may then only be permitted as a conditional use,
regardless of the proposed site location.
** A use listed as a permitted use in any zone will require CUP approval if it is
proposed on Lots 2, 3, and 4, Block 2, and Lots 1-5, and 7, Block 1.
*** CUP approval is required, regardless of the proposed site location.
**** All uses within the C-G zone require CUP approval.
In August of 2002, the City Council adopted the cun•ent Comprehensive Plan and Future
Land Use Map, which created the MU-W WTP designation for the area around the wastewater
treatment facility. The primazy reason for creating the MU-WWTP designation was to minimize
any possible negative impacts the wastewater facility may create upon residents and businesses in
the azea. The City does receive complaints from residents about odors, especially during sludge
transport. This is the only planned treatment facility in the city and its operations are expected to
expand in the future: Historically, the question of "compatible" uses in this area has been a
difficult one to determine. The term "compatible" is not defined in the Zoning Ordinance and is
usually determined largely through the public hearing process. Ultimately the Commission and
Council must establish the parameters fox compatibility with zoning and comprehensive plan
designations.
On August 6, 2002, the City Council denied a request for annexation and zoning to I-L
for this site. Concurrent with the. annexation and zoning request, the applicant was proposing to
subdivide the property into 12 buildable lots (Utility Subdivision). This project was denied
because the anticipated uses proposed for that site, a school bus facility and a solid waste transfer
station were not found to be light industrial uses and the development had too much potential to
negatively impact the surrounding neighbors.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 14 OF 23
Following is a general breakdown of the acreage and current uses within the MU-WWTP
area:
Use /Owner Acreage
WWTP /City of Meridian 46.5
Existing Low Density Residential /Various 46.4
Irrigation & Drainage /Bureau of Rec/NMID 17.62
Mini Storage / Bilmaz Inc. 11.75
Drawbridge Subdivision 5.01
Idaho Power Substation /Idaho Power 1.03
Vacant/Undeveloped Land /Various 292.1
TOTAL WWTP AREA 420.43
Of the 292 acres available for development, approximately 40 acres is tentatively
designated as future school district property (Quenzer property), leaving a balance of
approximately 250 acres available for non-residential uses. Most warehousing, light
industrial and flex-building uses are more land-intensive than retail and office and
typically have lower floor-to-area ratios. Meaning that these uses, as well as the
anticipated uses that will be allowed on this site, will not have as many buildings/users as
other people-intense uses. Based on previous City action in this azea, it is important to not
compromise the ability of future development fo comply with the existing Comprehensive
Plan; reducing human exposure to odors and discouraging new residential in close
proximity to the WWTF.
25. 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. 12, and all sub-parts, the
economic welfaze of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
26. It is also found that the development considerations as referenced in Finding No.
12 are reasonable to require and must be taken into account, in order to assure the proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 15 OF 23
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 essenfial 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, glare and odors.
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 boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 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.
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 the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4. The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Chapter IV, Goal I, Objective A, Action item 6
Chapter VII, Goal IV, Objective A, Action item 4
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 16 OF 23
Chapter VII, Goal I, Objective B
Chapter VII, Goal IV, Objective A, Action item 2
Chapter VI, Goal N, Objective A, Action item 17
Chapter VII, Goal IV, Objective A, Action item 8
Chapter VII, Goal IV, Objective A, Action item 1
Chapter IV, Goal II, Objective C, Action item 1
Chapter VII, Goal IV, Objective D, Action item 2
Chapter VI, Goal II, Objective A, Action item 12
Chapter VII, Goal IV, Objective D, Action item 4
Chapter V, Goal III, Objective D, Action item 5
Chapter V. Goal I, Objective A, Action item 11
Chapter V, Goal 1, Objective A, Action item 4
Chapter VI, Goal II, Objective A, Action item 3
5. The zoning of (L-O) Limited Office, (C-G) General Retail and Service Commercial,
(I-L) Light Industrial are defined in the Zoning Ordinance at § 11-7-2 G, K, and N as follows:
(L-Ol Limited Office District: The purpose of the L-O District is to permit the
establishment of groupings ofprofessional, research, executive, administrative, accounting,
clerical, stenographic, public service and similar uses. Research uses shall not involve heavy
testing operations of any kind or product manufacturing of such a nature to create noise,
vibration or emissions of a nature offensive to the overall purpose of this District. The L-O
District is designed to act as a buffer between other more intense nonresidential uses and
high density residential uses, and is thus a transitional. use. Connection to the Municipal
water and sewer system of the City is a requirement in this District.
(C-Gl General Retail and Service Commercial: The purpose of the C-G District is to
provide for commercial uses which are customarily operated entirely or almost entirely
within a building; to provide for a review of the impact of proposed commercial uses which
are auto and service oriented and are located in close proximity to major highway or arterial
streets; to fulfill the need oftravel-related services as well as retail sales for the transient and
permanent motoring public. All such districts shall be connected to the Municipal water and
sewer systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
(I-L) Licht Industrial District: The purpose of the I-L Light Industrial District is to
provide for light industrial development and opporhznities for employment of Meridian
citizens and area residents and reduce the need to commute to neighboring cities; to
encourage the development of manufacturing and wholesale establishments which aze clean,
quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDMSION
(AZ-04-004)
PAGE 17 OF 23
glare and that are operated entirely or almost entirely within enclosed structures; to delineate
areas best suited for industrial development because of location, topography, existing
facilities and relationship to other land uses. This District must also be in such proximity to
ensure connection to the Municipal water and sewer systems ofthe City. Uses incompatible
with light industry are not permitted, and strip development is prohibited.
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).
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 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement.
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 34.6 acres to
Limited Office (I,-O), General Retail and Service Commercial (C-G), and Limited Office (L-O) are
granted subject to the terms and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 34.6 acres. The legal description
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 18 OF 23
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.
Developer shall be required to meet the conditions set forth and in the event the
conditions herein aze not met by the Developer that the property shall, be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Conditions and Recommendations of the Meridian Planning & Zoning and
Public Works Departments as follows:
ANNEXATION & ZONING FACTS AND CONDITIONS
The submitted legal description appears to meet the requirements of the City of
Meridian and State Tax Commission and will place the parcel contiguous to existing
city limits.
2. The subject property is within the Urban Services Planning Area.
3. All future development of the subject property shall be constructed in accordance
with City of Meridian ordinances in effect at the time of development.
4. A Development Agreement (DA) shall be entered into between the City of Meridian
and the property owner(s). The DA shall require that:
• All proposed uses on future lots or parcels that abut Ustick Road and/or Ten
Mile Road, and/or abut the Nine Mile Creek (shown as Lots 2, 3, and 4,
Block 2, and Lots 1-5, and 7, Block 1, on the concurrent preliminary plat)
shall be approved through the Conditional Use Permit process. All principally
permitted uses, as defined herein, within lots or parcels that do not abut
Ustick Road and/or Ten Mile Road, and that do not abut the Nine Mile Creek
(shown as Lots 5-7, Block 2, and Lots 8-9, and 11-12, Block 1, on the
concurrent preliminary plat) shall not require separate Conditional Use Permit
approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 19 OF 23
No building or other structure shall be erected, .moved, added to or
structurally altered, nor shall any building structure or land be established or
change in use on this site without first obtaining a Certificate of Zoning
Compliance (CZC) from the Meridian Planning and Zoning Department
(MCC 11-19-1).
Business hours for the I-L and L-O zoned properties shall be limited to 7 am
to 10 pm.
The permitted and prohibited use list for each proposed zoning district
outlined in the Special Consideration section of this report shall be
incorporated into the Development Agreement document. Incorporate into the
development agreement language that prohibits convenience stores and gas
stations in the C-G zone.
5. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when
services aze available from the City ofMeridian. Wells may be used for non-domestic
purposes such as landscape irrigation.
B. Adopt the Ada County Highway District's report dated Apri12, 2004, which report lists site-
specificrequirements, conditions of approval and street improvements.
C. The applicant shall comply with the requirements and conditions in the corresponding
Preliminary Plat, Case No. PP-04-004.
D. Adopt the action of the City Council taken at their May 25, 2004 meeting as follows:
For clarification:
The applicant shall work with the Nampa & Meridian Irrigation District to make sure
that the pump station is not located directly across from Mr. Crane's bedroom
window.
2. The applicant shall be allowed convenience stores and gas stations in the C-G zone
for consideration as conditional uses on the corner of Ten Mile and Ustick Roads. A
detailed conditional use permit application would be required for any uses in the
proposed C-G zone. Through this process, conditions can be placed on the facilities
to minimize impacts on residential properties.
3. The applicant shall provide for the pathway easement for connectivity between the
north and south point of the pathway on the northern portion of the property line.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 20 OF 23
4. The access point onto Ten Mile which is proposed as a right in, right out, as shown
on the preliminary plat be eliminated.
5. On the I-L portion of the project, if a contractor yard'is constructed, any company
vehicles, equipment, and any and all materials, must be either in an enclosed building
or behind site obscuring fences during non-working hours, and such shall be located
at the rear of the property.
6. Across-access agreement shall be required between all lots adjacent to the
commercial property on the comer.
There is a widely recognized need for infrastructure improvements sooner, rather
than later, especially as it respects large developments, the Owner/Developer, as
condition of annexation and zoning, shall participate in the negotiations with Ada
County Highway District, and shall become a party to any eventual agreements
worked out by the developer/ACRD Group.
Therefore, as a condition of annexation, and as a condition of the Development
Agreement, Applicant shall participate in any road infrastructure agreements
negotiated with ACHD and shall faithfully perform the terms of such agreement
or agreements.
4. The City Attorney shall prepaze 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 (L-O) Limited Office, (C-G) General Retail and Service Commercial, and (I-L) Light
Industrial Districts, and Meridian City Code § 11-7-2.
5. Subsequent to the passage of the Ordinance provided for in section 4 ofthis Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundazies and zoning maps as provided in Meridian City Code § 11-21-1 in accordance
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 21 OF 23
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for. Judicial Review maybe filed.
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 this decision 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
~Gt~ .2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMY de WEERD (TIE BREAKER)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
VOTED
VOTED~~
VOTED
VOTED~~-
VOTED
PAGE 22 OF 23
DATED: ~-S~-O~
MOTION:
APPROVED: DISAPPROVED:
Attest:
William G. Berg, Jr., City
Copy served upon Applicant, the
the City Attorney.
Ci ~Rrogq r 9'L 'a
Fo
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an~~"n"'""~(7~}~ D~inent, Public Works Department and
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City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING McNELIS SUBDIVISION
(AZ-04-004)
PAGE 23 OF 23