HomeMy WebLinkAboutOlsen Bush Sub No. 2 AZOR1G~~A~
i SEFORE TBE MERIDIAN CITY COIIBCII,.
OF T8€ CITY OF MSRIDTnv
R-2 DSVEIAPI~sNT
OLSO$ AND BiJSH II®OSTR?AL FHRR NO. 2
ax~rpSa+plOg ANp ZORIHG
MSRIDIEN. IDAHO_
PII~DIPGB OF FACT AND CONCI.IISIONS OF LAN
The above entitled matter having come oa far consideration an
,3une 4, 1996, and tine City~Council having considered this matter
during the public hearing an Map. 7, 199b, Brad Miller, the
Petitioners represeata'tive, appearing and testifying, and the
Council having adopted and approved the Findings of Fact and
Conclusions of Law of the Planning and Zoning Commission, but at
the City Council meeting of June 4 , 1996, the Caunell Having
requested amended Findings of Fact and Canciusians of Law, and the
City Council presents the following Findings of Fact and
Conclusions of Law:
FINDINGS OF FACT
1. That a notice of a public hearing on the Bnnexation and
Zoning request was published for two (2) consecutive weeks prior to
the said public iseariAq scheduled before the P1A++ring and'Zoaing
Commission far March IZf 1996; that notice of public-hearing on the
Annexation and Zoning request was published far two (2) consecutive
weeks prior to the public hearing scheduled before the City Council
FINDINGS OF FACT A8D CONCLIISIONS OF LAAT ~ ~ ~ ~yy / S/
R2 DEVELOPMENT `/{~'~,(~^ ! t1
/hi.~'..rv~.~ '
~~ ~ '
.1l1) - 1 !S'sn
on May 7, 1996; that the matter was duly caasidered by the city
Council at the May 7, 1996 hearing; that the'public was given full
opportunity to express eomateats and submit evidence; that copies of
all notices were available to newspaper, radio and television
atatioas; that the City Council, after the May 7, 1996 hearing
adopted and approved the Findings of Fact and Conelneiens cf Law of
the Planning and Zoning Commission; that the City Council
reconsidered the Findings and Conelnsioas of the Planning and
Zoning" Commission at the June 4, 1996, meeting and requested
amended Findings.
2. That the property included in the application for
annexation and zaaing is described in the application, and bg this
reference is incorporated herein; that the property is
approximately 14 acres in size; that the property is situated
within the City of Meridian's Area of Impact and IIrban. Services
Planning Area..
3. That the property is presently zoned by Ada County as RT
rural Transition; that the Applicant requests I-L Light Industrial.
zoning for the property;- that currently the property is being need
as pasture "land.
4. The general area snrronnding the property is used for
light industrial. That to the north_is the IIaion Pacific Railroad
and on the other side of the railroad is the 81ix:s industries
property which is a light industrial use; that to the west is
pasture sad the school district bus facility and to the south, and
west is the light industrial use of YMC sad Van Auker.
FINDIPGS OF FACT AND CONCLiTSIONS OF LAW
RZ DEV.$LOPMENT FAGE Z
5 . That the property is now adjacent and ,abutting to the
.
present City limi.ta.
6. That R-2 Development/Ronald Van Au3ter is the Applicant;
that the Applicant does owe the lead and has consented to this
annexation and zoair_g and the application is not at the request of
the City of Meridian.
7. That the requested zoning of Light Industrial District
(I-L) is defined in the Zoning Ordinance at 11-2-408 B. as follows
(I-L) Light Industrial: The purpose of the (I-L) Light
Industrial District is to provide for light industrial
development and opportunities 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 Qstablishmeats
which are clean, quiet sad free of hazardous or
objectionable eiemeata, such as noise, odor, dust, smoke
ar glare sad 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 mast also
be in such proximity to insure connection to the
Municipal Water and Sewer systems of the City of
Meridian. ^ses incompatible with light industry are not
permitted, and strip development is prohibited.
8. That the Applicant's representative, Mr. David Roylance
testified at the Planning and Zoning hearing, March. l2, 1996; that
this project it located north and west bf the intersection of
Frankli.a and Sagle Road; that to the north is the IInioa Pacific
Railroad tracks; that tine project contains 14.4 acres and has nine
{9) lots; that the Applicant proposes central-sewer and central
water and BCHD approved public streets.
9. That the Applicant's representative, Brad Millar,
testified at the City Conacil hearing, May 7, 1996; that Mr. Miller
FINDINGS OF FACT END CONCLIISIONS OF LAW
RZ DE9ELDPMENT PACE 3
referred to a memo from Shari Stiles, City Planning Dix'ectar,
e
stating that there be a res;u.irement for the conditional use
procedure for each of the nine {9) lots, net be made a requirement;
that it is the preference of the Applicant that the buildings being
built within the light i.ndnstrial zoning being requested, not be
subject to the conditional use permit proce3s; that the requirement
that sidewalks be on both sides of the street be waived and that
the Applicant just put sidewalks on one (i) side of the street
since it is as industrial development.
10, That comments were submitted by the Assistant to the City
Engineer, Bruce Frec3cietan, tine Planning and Zoning Administrator,
Shari Stiles, the Meridian Police and Fire Departments, the Ada
County Street Name Committee, and the Central District Health
Department, and are incorporated herein as i£ set forth in full.
11. That Bruce Freckleton submitted c~+++p^ts and they aze
incorporated herein as if set forth in full; .that say existing
irrigationldrainage ditches crossing the property, to be included
in this project, shall be tiled per City Ordinance 11-9-b05 M; that
air existing domestic wells and/or septic systems with this Project
shall be removed from their domestic service per City Ordinance
except wells may be used for non-domestic purposes such as
landscape irrigation; that a master street drainage plan be
submitted, including the method of disposal S approval from the
affected irrigation/drainage district; that a profile of the
subsurface soil conditions shall be submitted to determine the
seasonal high groundwater elevation and prepared by a soil
PINDINGS OF FACT AND CONCLIISIONS OF FLAW PaiGE a
R2 DEVELOPMENT
scientist with the street development plans; that a copy of the
r
proposed restrictive covenants and/or deed restrictions be
submitted for review; that 5 foot wide sidewalks be pzovided
according to City Ordinance Section 11-9-6U6 B.; that a letter from
the Ada County Street Name Committee, approving the subdivision and
street names, be submitted making any necessary corrections to the
grel~m~*+AN Plat map prior to re-sabmittal to the Ciiy;-that the
fire hydrant placement, with the City of Meridian's Water Works
Superintendent assistance, be coordinated; and that response in
writing to each of the comments on the revised Preliminary Plat Map
be made to the City Clerk's office prior to the scheduled hearing
date.
i2. 'That the apeci£ic site cants from the Assistant to the
City Engineer, Bruce Freckleton were the following:
a. That the legal description contained in the application
for Annexation and Zan:ing describes more property than what is
shown on the Preliminary Piat map, however the legal
description submitted with the Preiimiaarg Plat application,
by Reylance ~ Associated and titled °Legal Description far R2
Development -Olson and Hush Industrial Park No. 2 Preliminary
Plat - 14.39 Acre Tract" appears to describe what is shown on
the Preliminary Plat; that if it is the intention to regueat
Annexation and Zoning for more property than what is shown oa
the Preliminary Plat map, a new legal description must be
prepared to include all the intended property iacinding those
portions of adjacent Rights-of-way and shall be prepared by a
Registered Land Surveyor, Licensed by the State of Idaho, and
shall conform to all provisions of the City of Meridian
Resolution No. 158.
b. Water service to this development shall be from an
existing main installed along the westerly side of Eagle Road
and all water mains shall be installed, at subdivider's
expense and iocatioas shall be coordinated through the Public
Works Department..
c. Sewer service to this development shall be fram a main
FINDSHGS OF FACT AND CONCLiJSIONS OF LAW
R2 DEVELOPiHENT PAGE 5
that is currently being designed by Pacific Land Surveyor as
- part of the "Roaeid W. van Auker, Inc, - Sewer Project".
d. Whey Sewer and water mains are installed to service this
subdivision, attars to sewer and water will be directly
adjacent to the twelve Lots in Olson and Bush Industrial Park
No. I, an Ada County Subdivision.
e. Show, label and dimension, all existing easements andlor
right-of-way within or adjacent to the subject parcel, i.e.
"Union Pacific Railroad", ^Evans Drain", "Snyder Lateral", and
the b0 foot wide easement going to Franklin Raad and any other
easements of retard.
f. A 60 foot wide stub street seeds to be extended toward
.Franklin Road, adjacent to the easterly subdivision boundary.
This stub street would align with the existing 60 foot wide
easement attars the parcel south of this. development. Sewer
and water mains shall be extended to the south boundary of
this development within the s£ub street. These mains shall be
installed, at subdivider's expense and locations shall be
caordiaated through the Public Works Department.
g. The location of the proposed sewer main exiting the
development appears to be is error. Coordinate with Pacific
Land Surveyors for the actual design location. A 20 foot wide
cammon.a=ea I,ot needs to be centered over the proposed sewer
main betTaeen the right of way of Zanark Street and the north
boundary of this development. Ownership and maintenance
responsibility of the common area.Lat shall remain with the
owners association. A blanket easement shall be granted to
the City of Meridian for the operation and maintenance of the
sewer main.
h. That 250 watt high pressure sodium street lights will be
required at locations designated by the Meridian Public Works
Department. All street lights shall be installed, at
subdivider's expense; that typical locations are at street
intersections and/or fire. hydrants.
i. The length of the cal-de-sac exceeds the maximum allowed
per City ordi-Hance; that no vaziances have been requested far
the excessive length.
j. That the treatment capacity of the City of Meridian's
Wastewater Treatment Plant is currently being evaluated; that
approval of this application needs to be cantiagent upon our
ability to accept the additional sanitary sewage generated by
this proposed development.
13. That Shari Stiles, Planning and Zoning A ~n~strator,
FINDINGS OF FACT AND CONCT.USIOAS OF LAi4
R2 DETIEI,OPMENT PAGE 6
~....~ ~~ ~u ~._. ~~ .: ~~ ~.: ~~~~!/.nr~ ~~~ ~v-+ -rL_~ ~ ~~. :~ rte. .:..~~~~. ii • Ji. _u
submitted comments and they include the following:
a. All pazking areas shall be landscaped and provided with
underground sprinkler systems to meet the requirements of 11-
2-414.D.
b. That a detailed cite plan review wi3.I be required at the
time of the building permit application, that this site plan
review will ensure compliance with all City Ordinances_
c. That the seven (7) lots is Olsan Bush Subdivision No. 1,
by owner Hon Yanke, should be annexed to the City of Meridian;
that not having this entire area annexed along the frontage of
Lanark Street can create problems far the Meridian Police
Department,' and any development of these additional lots
should take place nndor the requi.remeats of Meridian City
Ordinance.
d. Provide a 60 foot wide stub street to the south at the
location of the existing. 60 foot wide easement; that no
additional access will be granted to the properly south of
this development from Hagle Road.
e. Provide' a letter of approval from the appropriate
irrigation. district(s) for tiling of existing laterals/drains.
f. Provide permaaeat non-combustible fencing adjacent to
Union Pacific Railroad right-of-way grior to obtaining
bnildiag permits. No encroachment of this right-of-way is
permitted. In addition, at minimum, temporary fencing to
cantaia construction debris will be required for all
development.
g. Since the . Applicant has indicated this is a
ca~ercialliadnstrial development but has requested Industrial
Boning, a canditioaal use permit application for a planned
development shall be submitted and approved if it is to be
considered as a mixed-use development.
h. Sixty, foot wide proposed Lanark Street should be
readjusted to provide abetter traasitioa from the existing 50
foot wide section.
i. That streetlights are to be is place prior to obtaining
building permits on any parcel.
j. Ppplicant shall submit a' revised preliminary plat
incorporating required staff and -agency changes and showing
all existing easements a min~+i+~*~+ of two (2) weeks pzior to
City Council heaziag.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
R2 DEVELOPMENT PAGE 7
k. All sewer/water line locations should be ioeated in
public right-of-way or within a cammoa lot.
14. Thera were property owners in the area of the proposed
annexation that appeared and testified at the Planning and Zoainq
hearing oa March 12, 1996, to make comments on the agplicatiaa and
the following is a summary of their testimony:
a. Guy Valentine testified, bringing visual aids to show his
concerns regarding this development; that with respect to
Olson Bush DTo. 1 development, there has been absolutely
no screening and no landscaping done; that his concern is
this will be the case with this application; that storage
yards not screened, parking lots not paved or screened;
that representing some concerned citizens and residents
is the area, they want their right protected to the same
level of qualities or higher qualities that the
environment affords; that this is a thriving area of
community sad single family residences and tine residents
wauid like to keep it that way; the visual pollution is
degrading to the neighborhood and the community; that the
protective covenants will not give the community the kind
of assurances that must be given concerning the
residents vested rights; that written guaraatee~ from
the developers and owners committing-this development to
provide a clean, noise-free environment, free of
pollution and hazardous elements which are objectionable
to the residents and property owners that are directly
affected.
`Mr. Valentine summarized in saying that the residents
believe that the subdivision is arbitrarily or
artificiallg laid out to, avoid being adjacent to the
Snyder Lateral and well as to avoid being adjacent to the
aevea single family dwellings between which a transition
yard would be necessary. for protection and
beautification; that a buffer strip would help with the
aesthetics of Franklin Road and Eagle road entryway
COiridOSa; that this Commission require Olson Bush No. 1
developer and owners to clean up and screen their junky
development to demonstrate they deserve to expand before
any other development applications are approved and to
require conditional use permits for all the lots; that
the residenta~ including himself, are sot- against
developing the area.
b. Brad Miller, representing R2 development, testified that
the iII~ormatioa presented by Mr. Valentine is about the
FINDINGS OF FACT AND CONCLDSIONS OF LAW
R2 DEVELOEMBNT pAGE E
Olsen Bush No. T development, of which, R2 development
had nothing to do with; that on the north side of Lanazk,
R2 development has a fine looking building and fine
looking property; that R2 has other developments of
equally fine looking character that Mr. Valentine would
ba proud to have in his backyard; that C C & R's have
been submitted in this phase; that screened fencinrla
areas w e pave ~.ac u g the yard.
s;. that ~~~=TT7 gtara4e area. Which n7 has
do~t]m~ILt would be the same; that R2 deveTopment does
not ow w ima e y wi 1 move into- the buildings
'being constructed is this project, but the anticipation
is that the property will be subdivided, buildings built
and leased out; that at some point the Applicant may sell
one or two of the bnildings, but keeping the area looking
nice is would be an incentive since the Applicant is the.
property owner.
c. That Bill Tonkin, testified, affirming the earlier
testimony of Mr. Valentine; that the property owners that
overlook this property, are merely reacting to something
that has occurred and don't want to see it repeated.
d. Cazl Schaebly, offered testimony that he 'does eat-agree
with this proposal. as stated and reiterates that same
expressions as that of Mr. Valentine.
e. Dale Fletchei testified that he too, is in agreement with
what Mr. Valentine had to sag.
£. That Mr. Oren Dfayes testified, stating that some 30 odd
years ago when most of .the property along the ra_m at.
Franklin was developed and subdivided, there was no
question to whether this was going to be industrial in
light of the railroad; that folks are complaining about
an industrial park development taking place below them
when they knew an industrial park was going to happen
someday.
15. There was public testimony at the City Conncil hearing on
Map 7, 1996 and the foTlowiag is a s,,,~.,i. of that testimony:
a. Guy Valentine testified .that he would Tike the
conditional use process enforced; that the residents in
the~azea of this project would Like some guazantees from
the City in protecting their view; canceraed with
screeaing~ storage areas and parking; also concerned with
any future development of extending these lots and if so
FINDINGS OF FACT AND CONCLUSIONS OF L8W
R2 DEVELOYMSNT PAGE 9
what's to protect the residents; that he would like the
full Snyder lateral to remain in the open; that Bogle
-Road is a designated entryway corridor and the area
should be given some consideration.
b. Dave Roylance testified that the conditional use permit
process in an unnecessary burden; that, within a certain
rase there are principle permitted uses and that it is
burdensome and unfair to the developer to make this
requirement; that one proteetioa to the City would be a
development agreement which would require a staff level
design review process as part e£ the building permit
process; that the developer intends to file eve_~y ditch
in the project.
c. fihat Janette Fletcher testified regarding the cleaning up
of the garbage and getting that cleaned up and reiterated
what Mr. Valeatise testified to.
16_ That Cauncilmaa Morrow eammented that ,there are county
uses within the Applicant`s ground that are not zoned and annexed
within the City and obviously subject to the conditional use
process; that moat everything went o£ Eagle Road is sot subject to
the conditional nee process; that under our economic development
goal statement policy that the City of Meridian shall make every
effort to create a.positive atmosphere which encourages industrial
and commercial eaterpriae; that the policy of the City of Meridian
is to set aside areas for c~arcial sad industrial interest and
activities to be h~+-+~~+f+ious with natural development and respect
the needs. or features of the area; that this can be accomplished by
having covenants and restrictions within the subdivision; so from
a practical standpoint he has a problem with with the conditional
use process r~+*remeat.
17. That Shari.Stiles commented that although the conditional
use process is very rnmhersome and time caa~m~^g, it does give the
FINDIlVGS OF FACT AND CQNCLIISIONS OF LAW
R2 DBVBLOPMENT PAGE 10
x~c TOTfiL PRGE. i0 ~c
.. ~..~ ~~ vac. ~~ ~~ ~.. ~~~~ ... ~L. ~/!ri• ...r ~~.~ ~~.i~ r r ~.-i:~~.~. ~i uY.
City-more Control; that in a light industrial zone there are
recycling plants, solid waste transfer stations, any number of
things that are not going to fit with what the neighbors think and
that this kind of development is going to be there for a long time
to came; that it is going to set a precasieat and going to remain in
that character for years and years; that there is nothing wring
with requiring conditional nse permits and expecting a little
higher class than hoe been expected in the past.
18. That Councilman Tolsma made comments that the conditional
use process hag validity in that it allows the City Council to see
what is going to happen to the -development and that if the
developer does not conform to the conditional uses, they are ant of
business.
19. After additional discussion between Canncilmen Morrow,
Tolsma sad Rountree, a motion was made to accept the Planning and
Zoning Findings of Fact sad Conclusions of Law which was adopted on.
a three (3) to one (1~ vote.
20. That the property can be physically serviced with City
water sad sewer, but the sewer and water lines will have to be
extended to the property by the Applicant.
21. That Meridian has, and is, experiencing a substantial
amount of growth; that there are pressures oa land previously used
for agricultural uses to be developed into residential subdivision
lots, commercial sad industrial uses.
22. That the following pertinent statements aze made in the
Meridian Comprehensive Plaa:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
R2 DEVELOPMENT PBGE I1
A. Dnder the LAND, GENERAL PQLICIES, section commencing at
page 22, it states: Encourage a balance of land uses to
ensure that Meridian remains a desirable and sel~-
suf~icient community; and under the INDUSTRIAL POLICIES,
it states in part as follows:
3.1 Industrial development within the urban .service
pla.,n;ng area should receive the highest priority.
3.4 Industrial development should be encouraged to
locate adjacent to existing industrial uses.
3.5 Industrial azeae should be located within prox"*" ty
to major utility,- transportation and services
facilities.
3.9 industrial uses should be located where discharge
water can be properlq 'treated or pre-treated to
eliminate adverse impacts upon the City sewer
treatment facility and irrigated lands that receive.
industrial runoff.
3.10 Industrial uses should be located wheze adequate
water supply and water pressure are available for
fire protection.
and under the Eastern-Eagle Road Light Industrial Review
area is stated as follows:
3.15 The City of Meridian shall eacaorage the
development of a Technological pazk and compatible
light industrial uses within the proximity of, the
Idaho Foreign Trade Zone.
3.17 It is the policy of the City. of Meridian to
encourage and promote light industrial development
in the Eastern Light Industrial Review Area.
B. Under ECOBTOMIC.DEVELOPMENT, Economic Development Goal
Statement
Policies, Page 19 -
i.l Tha City of Meridian shall make every effort to
create a positive atmosphere which encourages
industrial and commercial enterprises to locate is
Meridian.
1.2 It is the policy o£ the City of Meridian to sat
aside areas where commercial and industrial
FINDINGS OF FACT AND CDNCLD5IONS OF'LAW PAGE 12
R2 DEVELOPMENT
interests sad activities are to. dominate.
1.3 The character, site improvements and tppe of new
commercial or industrial deveiopmeats should be
t~unique seeds and ~ stares of each area, aspect
1.5 compliance swith thenCompr~ehensive Plaa,are not is
23. That the property is included near an area designated in
the Meridian Comprehensive Flan as being in a Mixed/Planned IIse
Development azea, but it is not shown as as orange Mixed/Planned.
Use Development area oa the Generalized Land IIse Map-
24. That is 1992 the Idaho State Legislature passed
ymendmsnts to the Local Planning Ate, Which in 67-6513 Idaho Code,
relating to subdivision ordinanc~s+ States as follows:
^Each such ordinance may Provide for mitigation of the effects
of subdivision development on the a drool districts~cto
subdivisions of the stater iaciuding
deliver services without compromising quality .of service
delivery to current residents or imposing substantial
addg.tional casts upon current residents to accommodate the
subdivision.";
that the- City of Meridian is concerned With the i-ncr~e ~n ,
development that is occurring and With its imQsct on the City being
able to provide fire, police, emesQency health care, watery sewer,
parks and recreation services to its current residents and business
and to those moving into the City; the City is also concerned that
the increase is co•^,~~*'~ia3. and industrial development is bringing
j~ more population and is burdening the schools o£ the Meridian
School Distzict which provide school. service to current-and Future
residents of the City; 'that the City kn°~ that the increase i.n
population, and the housing for that population, does not
FINDINGS OF FACT AND CONCLUSIONS OF LAW pAG& 13
R2 DEVELOPMENT
sufficiently increase the tax base to offset the cast of providing
fire, police, emergency health care,- water, sewer, parks and
recreation services; and the City knows that the increase in
population does not provide sufficient tax base to provide for
school services to current and future studentsy that the increase
c~""Prcial and industrial which might locate is this annexation
would be helpful.
25. That pursuant to tlse instruction, gnidanee, and direction
of the Idaho State Legislators, the City may impose either a
development fee or a transfer fee on residential property, which,
if possible, would be retroactive and apply to all lots in the
C$ty, because of the imperilment to the healthy welfare, and safety
of the citizens of the City of Meridian.
26. That Section 11-9-645 C states as follows:
"Right-o£-way far pedestrian walkways in the middle. of long
blocks may be required where necessary to obtain canv~e~st
pedestrian ca.rcu]:ation to schools, parks or shopping
the pedestrian easement shall be at least ten feet (14')
i wide."
27. That Section 11-9-645 G 1. states as follows:
"Planting strips shall be required to be placed next to
ineampatibie features such ae highways. railroads, commercial
or industrial uses. to screen. the view from residential
properties. Such screening shall be a y~j,n„m,m of twenty feet
{24') wide, and shall not be a part of the normal street right
of way or utility easement."
28. That Section 11-9-645 H 2. states as follows:
"Existing natural feataras which add value to ,residential
development and enhance the attractiveness of the. camamni.ty
{such as trees, watercourses, historic spots and similar
irreplaceable amenities} shall be preserved in the design of
the subdivision;"
FINDINGS OE FACT AND CONCLUSIONS OF LA9P pAGE 14
R2 DEVELOPMENT
29. That Section 11-9-505 R states as follows:
°The extent and location of lands designed for linear open
space corrido=s should be determined. by natural features and,
to lesser extent, by man-made features such as utility
easements, transportation rights of way or' water rights of
way. Landscaping, screening or lineal open space corridors
may be required for the protection of residential properties
from adjacent arterial streets, waterways, railroad rights of
way or other features. As improved areas (landscaped), semi-
improved areas (a landscaped pathway only), or unimproved
areas (left in a natural state), linear open spats corridors
serve:
1. Ta preserve apeapess;
2. To interconnect park cad open space systems within rights
of way far trails, walkways, bicycle ways;
3. To play a, major Tale is conserving area scenic cad
natural value, especially waterways, drainages and
natural habitat;
$. To buffer more intensive adjacent urban land uses;
5. To enhance local ideatificatioa within the area due to
the internal linkages; and
b. To link residential neighborhoods, park areas and
recreation facilities."
30. That Section I1-9-fi05 L states as follows:
^Bicycle and pedestrian pathways shall be encouraged within
new developments as part of the public sight. of way or as
separate easements so that an alternate transportation system
(which is distinct and sepazate from the automobile) can be
provided throughout the City Urban Service Planning Area. The
Commission and Council shall consider the Bicycle-Pedestrian .
Design Manual for Ada Conntv (as prepazed by Ada County
Highway District) when reviewing bicycle and pedestrian
pathway previsions within developments."
31. That 11-9-607 A, bf the Subdivision Ordinance, states is
part as followsa
°The City's policy is to encourage developers of land
development cad construction projects to utilize the
prcvisions of this Section to achieve the fallowing:
FINDINGS OF FACT AND CONCLUSIONS OF LA97 PAGE 15
R2 DE48LiJPMENT
1. A development pattern in accord with the goals,
objectives and policies of the Comprehensive Plan;
5. A more canvenient pattern of commercial, residential and
industrial uses as well as public services which support
such uses."
32. That proper notice was givea,as required by law and all
procedures before the Planning and. Zoning Commission and City
Council were given and,foilowed.
1. That ali the procedural requirements of the Lacal
Planning Act and of the Ordinances_ of the City of Meridian have
bean met; including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City of Meridian has authority to annex land
pursuant to 50-222, Zdaho Code, sad Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a legislative function.
3. That the City Council has judged these annexation, zoning
and conditional use applieaiioas under Idaho Cade, Section 50-222,
Title 67,. Chapter 65, Idaho Cade, Meridian City Ordinances,
Meridian Comprehensive Plan, as amended, and the retard submitted
to it and things of which it can take judicial notice.
4. That ali notice and hearing requi.remente set forth in
Title 67, Chapter 65, Idaho Cade, and the Ordinances of the City of
Meridian have been complied with.
5. That the Council may take judicial notice of government
FINDINGS OF FACT AND CONCLIISIONS OF LBW
RZ DEVEI+OPML'NT PAGE 15
ordinances, and policies, and of actual conditiaas existing within
the City and State.
6. That the land within the proposed annexation is
contiguous to the present City limits of the City of Meridian, and
the annexation would not be a shoestring annexation.
7. That the annexation application has been initiatzd by the
Applicant with the consent of the pragerty owner, and is not upon
the initiation of the-City of Meridian.
S. That since the annexation and zoning of land is a
legislative function, the City has authority to glace eonditians
upon the annexation of Iaad. anrt vs. The City o£ xdaho Fa11s. 105
Idaho 65, 665 P.D 1fl75 (1983).
9. That the development of annexed land mast meet and camply
with the Ordinances of the City of Meridian and in particular
Section 1i-9-616, which pertains to development time schedules and
requirements, and Section 11-9-605 M., which pertains to the tiling
of ditches and waterways and 11-9-506 14., which requires
pressurized irrigation.
10. That the Applicant's proposed nee of the property is in
compliance with the Comprehensive Plaa, and therefore the
aanexatien and zoning Application is in conformance with the
Camprr~xensive Plan.-
I1. That the City adopted the Comprehensive Plan at its
meeting oa January 4, 1994. and has not amended the Zoning
Ordinance to re~iect the changes made in the Comprehensive Plan;
thus, uses may be called for or allowed in the Comprehensive Plan
FINDINGS OF FACT AND CONCLgSIONS OF LAW
R2 DEVELOPMENT PACE 17
but the Zoning Ordinance may not address provisions for the stated
i ~
uses; it is concluded that upon annexation, as conditions of
annexation, the City may impose restrictions that are not otherwise
captained in the current Zoning and Subdivision and Development
Ordinances.
12. The Applicant has not stated or represented its
intentions for develogmeat~ which was of concern to the Planning
and Zoning Commission and is also of concern to the City Council,
13. That it is concluded that the City could annex the
property and zone it as requested but the Applicant should be
~, = a-.~~, _.
required to approve~_ ad®±~ end retard covenants, conditions and
.-.
restrctioas.(CC&A) which set_fo~'th LSie requirements of the City as
set forth in Conclusion i6 and enter into a development agreement
in which the City should set forth the same development and
buildings restrictions,
14. That it is concluded that since the Comprehensive Plan,
under LAND USE, Mixed-ass Area at Eagle Road and Franklin Road, in
5.1611, states that all development regnests will be subject to
development review procassiag to insure neighborhood compatibility,
that such Limitation should apply to the Applicant and the land
involved is this Application; that it is further concluded that
such restrictions can, and should be, structured and Laid opt in
the CCSR's sad the development agreement. It is there#cre
concluded that the annezatioa and development of the par=el of land
should be subject to being de-annexed if the CCSR's and development
agreement are not entered into by the City and the Applicant.
.FINDINGS OF FACT AND CONCLIISIONS OF I,ASi
R2 DE4EI~OPMENT PAGE 18
15. Therefore, it is concluded that the. property should pe
s
annexed and zoned Light Industrial {I-L), as requested in the
Application, but shall be subject to de-annexation if the CC&R's
and development agreement are not agreed upon and executed by the
Applicant and the City.
16. That, as a condition of annexation and the zoning the
Applicant shall be required to meat all Ordinances of the City and
specificallg the below stated Ordinance regl7.i-cements and shall also
eater into a development agreement as authorized by 11-2-415 L and
11-?-4i7 D; that the development agreement shall address, among
other things, the fallowing:
i. Inclusion into the development of the requirements of 11-
9-605
a. C, Pedestrian Walkways.
b. G 1, Planting Strips.
e. H, Public Site6 and Open Spaces.
d. R, Lineal Open Spaces Corridors.
e. L, Pedestrian and. Bike Path Ways.
f. M, Piping of Ditches
?. Payment by the. Applicant, or if required, any assigns,
heirs, executors or personal representatives, of any
impact, development, or transfer fee, adopted by the
City.
3. Addressing the subdivision access linkage, screening,
,buffering, transitional land uses, traffic study and
recreation services.
4. An impact foe to help acquire a future school or park
sites to serve the area.
5. An impact fear or fees, foe pazk; police, and fire
services as detP*~~++ed by the city.
fi. Apgrop=iota perming and landscaping.
7. Submission and approval of any rer~uired plats.
FINDINGS OF FACT AND CONCLDSION5 OF LAW
R2 DE9ELOPMENT PAGE 19
8. Submission and approval of individual building, drainage,
lighting, parking, and other develo~ent plans under the
Planned Development guidelines.
9. Harmonizing and integrating the sits improvements with
the existing development.
10. Establishing a landscaped setback area all along the
properties southern bander and plant trees that will grave
to a height in excess of the twenty (20) feet,.but not
higher than forte (40) feet and which shall be not more
than twenty-five (25)-feet apart at the time of planting,
shall be sia (6y feet in height when glanted, and an
irrigation system shall be canstructed, .water and
fertilizer supplied to the trees to allow adequate
growth-
11. Addressing the comments from the City Staff, applicable
at the time of anaexatiori and zoning or at the time of
development.
12. The sewer and water requiremeata.
13. Traffic plans and access into and out of.any development.
14.. Meeting all parking and paving ordinances.
15.. And aa~ ether items deemed necessary bg the City Staff,
includ~.ng design review o£ all development, and
conditional use grocessing.
17. That Section 11-2-417 D of the Meridian Zoning Ordinance
stntes is part as follows:
"If property is annexed and zoned, 'the City map require or
permit, as a. candition of the zoning, that an owner or
developer make a written commitment cancerniag 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 Cauaty Recorder and shall take effect upon the
adoption of the ordinance aaneaing and zoning the property, or
prior if agreed to hy.the owner of the parcel. .~;
that the above Section states that the z3evelopment agreement shall
take effect upon the adoption o£ the o~,nAn^e annexing and zoning
the parcel, bat no development agreement has been agreed on, or
eveA~d].9eussed. The land could be subject to de-annexation i~ an
F~D174CS OF FACT AND CONCLIISIONS QF LAW
R2 DSVSLOPMENT PACE 20
acceptable development agreement is not ultimately agreed upon
after the annexation ordinance is passed. It is concluded that the
land should be annexed and zoned, but subject to de-annexation if
a development agreement is not eatere3 into.
19. That it is concluded that the annexing and zoning of the
property would be in the best ,interests of the City of Meridiaa,
but it is concluded that the property may be de-annexed if
appropriate development agreement aad CCBR's are not entered and
agreed upon and executed by the City and the Applicant.
19. That the requirements of the Meridian Police Department
Meridian City Engineer's office, Ada County Highway District,
Meridiaa Ple*+*=~*+g Director, Central District Health Department, and
the applicable irrigation district, shall be met and shall be
.addressed in a development agreement.
20. That all ditches, canals, and waterways shall be tiled as
a condition o£ annexation and if not so tiled, the property shall
be subject to de-annexation. That pressurized irrigation shall be
installed and canstructed, and if not so dose the property shall be
subject to de-annexation..
Z1. That the Applicant shall be required to connect to
Meridiaa water and sewer, at ita expense, and resolve how the water
and sewer mains will serve the land; that the development of the
property shall be subject to and controlled by the Subdivision and
Development Ordinance and the development agreement entered into.
22. That these conditions shall run with the land and bind
the applicant and its assigns.
FINDIiQGS OF FACT AND CONCLUSIONS OF LAAT
RZ DE9ELOPMENT PAGE Z1
23. Aids compliance of tiie coalitions contained herein, the
annexation and zoning as regnaster3 in the Application would he in
the hest interest of the City of Meridian.
24. That if these aoaditions of approval are not met, the
property shall be de-annexed.
APPROVSL OF FINDINGS OF FSCT SND CONCLiI$IOHS
The teridian City Conncil hereby adopts and approves these
Findings of Fact and Conclusions.
ROLL CALL
COIINCILMAN MORROW
COUNCT7•Maiu aFUrrrxy
CODNCII~HAN TOLSM&
MAYOR CORRIE (TIE BREAXER)
D&CISIO$
V O:CSD
The Meridian City Council of the City of Meridian hereby
decides that the property set forth is the application should be
approved for annexation and zoning under the conditions set forth
in these Findings of Fact and Conclusions of i.acv; that if the
Applicant is not agreeable with these Findings of~ Fact and
Conclusions and is not agreeable with entering into a development
agreement and adogtiag covenants, conditions and restrictions, the
property should not be annexed.
MOTION:
APPROVED: DISAPPROVED:
FINDINGS OR FACT AND CONCLLT5ION5 OF LAA
R2 DB9E7,OPMENT PAGE 22
~ TOTHL Pfi~e. 12 ~