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HomeMy WebLinkAboutJohnson - Kouba Findings~~~ 835 E. FAIRVIEW'AVENUE MERIDIAN. IDANO. FINDINGS OF FACT AND CONChUSIONS OF LAW The above entitled annexation and zoning application having dome on for consideration on May 14, 1996, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant's representative, Bob Daugherty, appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF PACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive. weeks prior to the .said public hearing ,scheduled for May 14, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at May 14, 1996, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. Z, That the property included in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE - 1 JOANSON-HOUBA annexation and zoning is described in the application, and by this reference. is incorporated herein; that the ,property is approximately 3.87 acres in size. 3. That the property i:s presently zoned by the county as R-T (Rural Transition); that the Applicant requests that the property be zoned General Retail and Service Commercial (C-G), and has requested a conditional use permit to allow the construction of a commercial facility with two (2) initial retail sales tenants; that one (1) tenant would be Extreme Sports, a Jet Ski Retailer, the other would be Treasure Valley Auto Parts, an auto parts retailer, both would be providing sales .. and service; that there will be an expresso/lunch shop; that these proposed retailers would be located in the first building, which would front on Fairview Avenue and be of concrete block construction. 4. That currently the property has a single family house with various out-buildings, a large asphalt parking area and the balance of the property is pasture; that the Applicant proposes removing the house and out-buildings. 5. That upon completion, and as demand requires, the Applicant proposes the construction of two (2) additional "R & M Steel Buildings"; that these two constructed buildings will be towards the rear of the property; that the anticipated tenants will be geared towards the auto service industry, such as, an auto detailing shop, muffler/welding shop, and recreational vehicle repair shop. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-80UBA PAGE - 2 6. The general area surrounding the property is used primarily for commercial purposes; that the property to the north is being developed by AVEST PLAZA for the Fred Meyer shopping center; that this property is situated between Meridian Auto Sales and Roundtree Chevrolet, which are zoned commercial. 7. That the property is adjacent and abutting to the present City limits; that the property surrounding this lot is in Meridian. 8. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian; that the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That Lamont and Lynn Kouba, of Meridian, Idaho, are the owners of the property and have requested this annexation and zoning and conditional use and the application is not at the request of the City of Meridian. 10. That the property could be physically serviced with City water and sewer. 11. Applicant's representative, Bob Daugherty, testified that this application is for a proposed commercial development which would be primarily geared towards the automotive and recreational industries; that the initial site plan reflected an entry on the west side of the property; that after conversations with the Ada County Highway District (ACHD), they suggested moving the entry to FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 3 the east side of the property which would be next to the Roundtree Chevrolet dealership; that the new site plan indicates, as did the old site plan, that on the west side of the property it is bordered- by Meridian Auto Sales and on the east aide of the property is Roundtree Chevrolet; that directly to the south of the land is vacant property; that on the southeast side of the land is Danbury Subdivision; that on the southeesh corner of the property is the Five Mile Creek Drainage; that the initial building in the front would be a block building and the rear buildings would be constructed of R and M Steel; that the belief is that this facility will fit in this area; that the five foot sidewalk, mentioned in staff's comments to connect to the sidewalk on Fairview Avenue, is addressed in the Ada County Hiqhway District's. impact fees; that the 35 foot setback along the main corridor of Fairview Avenue is anticipated to be bermed and landscaped. Mr. Daugherty added that there are two wells currently on the property; that the Applicant expects to abandon one and anticipates using the other for the pressurized irrigation system; that the R and` M Steel buildings will be constructed and divided up with partitions according to demand, separating them for individual uses. 12. Commissioner eepper commented that Roundtree does not have any service doors facing south towards Danbury Fair Subdivision and that he is concerned about what is marked as N, O, P and Q, where the service doors. on those would be in relationship FINDINGS OF FACT AND CONCLUSIONS OF LAM - JOHNSON-ROUHA pplC,g - g, to the entrances to Danbury Fair Subdivision; that there should be at least a 20 foot planting strip on the south with non-glare lights and no outside speakers which could be obtrusive to the residents on the other aide of the fence. 13. Commissioner MacCoy commented that the Applicant consider building mounted lights which are shielded ao you don't have lighting way out into the back end which would create a problem. 14. Diana Boyd testified regarding her concern of contamination; that the Applicant is a little premature in trying to get this property rezoned to commercial until the. contamination is cleaned up; that she has spent a lot of money in trying to get Mr. Kouba to clean up the contamination; that it has not been cleaned up on her area which is contaminated from his side of the fence because it was a spray service; that benzine and chloradine are on her side of the fence which has not been cleaned up; that the Applicant has a beautifullj/laid out plan but. she doesn't think it is going to look like the plot looks. 15. Bob Daugherty added that the concerns over contamination are legitimate concerns; the Department of Environmental Quality (DEQ) that was investigating the area and the property; that he is certainly willing to have this annexation and zoning and conditional :use permit contingent on having a clean bill of health from'the State of Idaho Department of 8nvironmental Quality. In addition, he-has elected not to even try to put in an auto body shop and would have no~ problems with required conditional use for FINDINGS OF FACT AND CONCLUSIONS OF LANs - JOHNSON-KOUBA PAGE - 5 all uses. 16. Eleanor and Rod Johnson testified that property on which Roundtree Chevrolet sits they own the is leasin , which L. B. Industries g, and the property to the east of Mr. which is one full acre Kouba s property to the back along the canal bank; that the fence line has been moved; that the y don t want access across their property, 17. That the :Meridian Police Department, Fire Department, Assistant to the Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nam a P & Meridian Irrigation District submitted comments ;, that those comments are incorporated herein by this reference as if set forth in full. 18• That Bruce Freckleton Engineer ' the Assistant to the City submitted the following comments: 1• That a legal description submitted appears to anserror inethe clos^=ercel, however there a ppears to be 2• That the site will be contiguous to several already within the Corporate Cit surveyor preparin 1' Limit and that therland should contact the pthe legal description for Annexation legal description, ublic Works Department to discuss the crossingtthe ny existing irrigation/drainage ditches property shall be tiled. 4• That any existing domestic wells and/or septic their domestic serviceo~ect will have to be removed from be used for non-domestic City Ordinance, but wells may irrigation. Purposes such as landscape resultsafrom aeh service is contingent upon positive ydraulic analysis. FINDINGS OF FACT AND CONCLUSIONS OF I,pyl _ JOHNSON-KOUBA PAGE - 6. That a drainage plan designed by an architect or an engineer shall be submitted for all off-street parking areas. 7. That outside lighting shall be designed and placed' so as to not direct illumination oa any nearby residences. 8. That all .signage .shall be in accordance with Meridian City Ordinances 9. That off-street parking, paving and stripping,-shall all be provided in accordance with City Ordinances and that the paving and striping shall be in accordance with the Americans with Disabilities Act. 10. That water service to this development shall be from an extension of 'the existing 8 inch diameter main installed along the southerly side of Fairview Avenue; that all water mains shall be installed at subdivider's expense; that location of fire hydrant, water main sizes and locations shall be coordinated with the City of Meridian's Water Works Superintendent; that Development plans shall be reviewed and approved through the Public Works Department. 11. That sewer service to this development shall be from an existing main that is in place along the west side of the site; that all sewer mains shall be installed at subdivider's expense and coordinate sewer main sizes and locations with the Public Works Department; that Development plans shall be reviewed and approved through the Public Works Department. 12. 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 contingent upon the City's ability to accept the additional sanitary sewage generated by this proposed development. 13. Indicate any existing FEMA Floodplain Boundaries on the Site Plan Map, and/or any plans to reduce said boundaries. 14. That' the Applicant irrigation system plans for area to receive irrigation. shall develop pressurized the subject site due to the 19. That the Planning and Zoning Administrator, Shari Stiles, FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-XOUBA PAGE - T submitted comments and they are incorporated herein as if set forth in full, as follows: 1. That this request for Annexation and Zoning of C-G with a Condition Use Permit is consistent with the Meridian Comprehensive Plan and is located in a Mixed- Planned Use Development area as shown on the Generalized Land Use Plan. 2. Ada County Highway District policy requires that access from Fairview to this development be located on the east side and that cross access agreements be entered into for the properties east and west of this parcel; that the site plan may be able to be flopped to accommodate this requirement. 3. Provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department policies. 4. -Fifty-four (54) three-inch (3") caliper trees are required for this development, but may not be located over the existing sewer line or over other utilities as depicted; Applicant shall revise landscaping to relocate trees. 5. Provide a copy of the executed license agreement with Nampa-Meridian Irrigation District to allow planting within their easement right-of-way .prior to obtaining building permits. If trees are not allowed in this easement, trees shown will need to be relocated. 6. Coordinate dumpster site locations with the City's solid waste contractor,- Sanitary Services, Inc., so as not to impede fire access and all dumpsters shall be contained in a screened enclosure. 7. Dedicate four (4) additional feet of right-of-way on Fairview Avenue (54' from centerline). .Furnish a copy of recorded warranty deed for dedication of additional right-of-way prior to obtaining building permits. 8. Provide a thirty-five (35') foot landscape setback beyond required right-of-way. Applicant to provide detailed landscape plan including berming details for approval prior to obtaining building permits. Sidewalk/curbing should be installed along Fairview Avenue to provide finished appearance. ACHD has requested that monies for the sidewalk be deposited into FINDINGS OF FACT AND CONCLUSIONS OF LAN1 - JOHNSON-ROUBA PAGPs - 8 ~ _., a trust. 9. Applicant to provide curbing and underground sprinkler system for .all landscaped areas. - 10. Maintain twenty-foot (20') buffer strip adjacent to Danbury Fair Subdivision as. shown on plan. The R-T property to the south may .also require additional buffering by means of fencing/landscaping. 11. Provide temporary fencing to contain debris during construction. 12. That all paving, striping and signage of the parking lot to be in accordance with Meridian City Ordinance and the Americans with ,Disabilities Act. 13. Lighting shall not illuminate adjacent residential properties or cause glare. 14. A development ..agreement/detailed conditions of approval are required as a condition of annexation; that all uses should be developed under the conditional use permit process. 15. That the Applicant shall provide a revised site plan meeting all staff and agency requirements prior to public hearing at City Council level. 20. ,That the Ada County Highway District submitted comments and they are incorporated herein as if set forth in full. That the District submitted site specific requirements, which are as follows: 1. That the Applicant dedicate 54 feet of right-of-way from the centerline of Fairview Avenue abutting the parcel (4 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits). 2. Provide a $1,275.00 deposit to the Public Rights-of- way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel (approximately 150 feet). 3. Construct a 36' wide driveway located at-this site's FINDINGS OF FACT AND CONCLUSIONS OF LAAT - JOHNSON-ROUBA PAGE - 9 east property line. The driveway shall be paved a minimum of 30 feet into the site and shall have 15 foot radii pavement tapers. 4. That the Applicant be required to provide cross access easements to the parcels abutting the site's east and west (the parcel south of Meridian Auto Sales) to use shared access points for access to Fairview Avenue, prior to issuance of a building permit or other required permits. The District intends to require a similar agreement of the owners of the parcels to the east and west if they are the subject of a future development application. 5. Other than the access point specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. 21. That the Sewer Department submitted a comment regarding the conditional use request and such comment is hereby incorporated herein as if set forth in full; that a copy of the internal plumbing plans be submitted; that review of construction plans for pretreatment purpose will be required. 22. That the Water Department commented that the plans for the proposed water main, fire hydrants and domestic service locations and sizes need to be submitted to the Water Department and reviewed. 23. That Commissioner MacCoy aubmitted statements regarding this application and they are hereby incorporated herein as if set forth in full; he commented he had no objection to this property being rezoned to C-G in light of what is already so zoned and constructed along Fairview Avenue; that he does object to the property to the south being zoned C-G in light of other County R-T located there. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 10 24. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development wazrant. B. Under LAND USE 5. MIXED-PLANNED USE DEVELOPMENT, Page 28 Mixed-use Area at Locust Grove Road and Fairview Avenue Plus Area North of Fairview Avenue. These areas are within Ada County, but nearly surrounded by the City of Meridian. The area is characterized by large rural lots, and a sparse development pattern. In order to stimulate planned development in these areas, the following policies apply: a. 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. b. 5.17U A variety of coordinated, planned and compatible land uses are desirable for this area, including low-to-high density residential, office, light industrial and commercial land uses. c. 5.18U Existing residential properties will be protected from incompatible land use development in this area. Screening and buffers will be incorporated into all development requests in this area. C. Under COMMUNITY DESIGN, at page 71 1. Entryway Corridors 2. Fairview Avenue (East entrance). FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-KOUBA PAGE - 11 3. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian.. 3. Policies, Page 71 a. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business development on entrance .corridors. b. 4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as_a condition of development approval, landscaping along all entrance .corridors. 4. Neighborhood Identify Goal Policies, Page 72 a. 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through. conditional use permits when appropriate nonresidential uses are proposed. 25. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a commercial area; that the commercial area is in an area that is listed as a Mixed/Planed Use Development area. 26. That the requested zoning of General Retail and Service Commercial, (C-G} is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: LC-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 of travel-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 of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-KOUBA PAGE - 12 27. That Section 11-2-409, ZONING SCHEDULE OF IISE C Commercial ONTROL, B, lists commercial uses allowed in the various zoning districts of the City; that individual department stores, retail stores, restaurants, and wholesale facilities, are allowed uses in the C-G district; that planned commercial developments, are an allowed use in the C-G district. 28• That Planned Development- is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses, A PD industrial, or commercial or array be entirely residential, PD does not necessarily correspond torl tfsizepabu2ke densityA lot coverage required, open space or t commercial or industrial uses as established in any one aor more created districts or this Ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires .unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This pD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." 29. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idah_ o~oae, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents- or imposing substantial additional costs upon current residents to accommodate the subdivision."• FINDINGS OF FACT AND CONCLUSIONS OF LAy/ JOHNSON-KOUBA PAGE - 13 _,. that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being _ able to provide fire, police, emergency health care, water, sewer,, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provides school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost 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 students. 30. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, 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 City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 31. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least-ten feet (10') wide." 32. That Section 11-9-605 G i. states as follows: FINDINGS OF FACT AND CONCLU3ION3 OF LAW - pAG& - 14 JOBNSON-KOUBA "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial propertiesr18Such screening shall be a minimum of twentYnfeet (20~) wide, and shall not be a part of the normal street right of way or utility easement." 33. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and en~han rco 13e6tt histories spotst and osimilar (such as trees, irreplaceable amenities) shall be preserved in the design of the subdivision;" 34. That Section 11-9-605 L states as follows: "Bicycle and pedestrian .pathways sublicb right of way orhas new developments as part of the p separate easements so that an alternate transportation system provided throughout the City Urban Service; Planning Area anThe Commission and Council shall consager r h ared vbye Ada eCounty Design Manual for When C rev~.ewing bicycle and pedestrian Highway District) pathway provisions within developments.," 35. As stated above in Paragraph 3, the Applicant submitted an application for a conditional use to allow commercial retail sales businesses catering to recreational and ,auto industries; that such material on the conditional use permit is incorporated herein that the Applicant did by this reference as if set forth in full; not specifically, address the conditional use for the wholesale/retail business at the public hearing; that as found above, the Planning Director stated that the Applicant needs to provide a minimum landscape setback of 35 foot from the required ACRD right-of-way; that all outdoor storage of equipment and materials shall be screened from view from any existing adjoining residence or residentially zoned area and not located in any front FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE.- 15 JOHNSON-KOUBA yard setback area; that the display area shall be uncluttered; that ali off-street parking areas and all ditches be tiled per City Ordinance; that the lighting shall not cause glare or adverse impact to residential properties or traffic on Fairview Avenue; that a development agreement shall be required as a condition of annexation; that a Certificate of Occupancy is required prior to opening for business and that 'the location of the handicapped parking stall be adjacent to the building. 36. .That there are commercial uses on both sides of Fairview, including a used car lot, a retail paint store, a fitness center on the north side of Fairview, and restaurants on the north side of Fairview; also on the- north side of Fairview Avenue there is a cartaash and an emergency medical office; that farther east on Fairview Avenue is an Intermountain Farmer retail store. 37, That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1, That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been 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, Idaho Code, and Section 11-2-417 of the Revised FINDINGS OF FACT AND CONCLUSIONS OF LAW - pAGE - 16 JOBNSON-KOUBA and Compiled Ordinances. of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Planning and Zoning Commission has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter, 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements: set forth in Title 67, Chapter 65, Idaho Code, aad the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions 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 initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The Citv of Idaho Falls, 105 Idaho 65, 665 P.D 1075 {1983). 9. That the development of annexed land must meet and comply FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-KOUBA PAGE - 17 with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways. 10. That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. The Applicant has stated and represented that its intention is to have businesses related to the automobile and other motor vehicles, which are permitted uses in the C-G district. 12. That, as a condition of annexation and zoning of C-G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. R, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. f. M, Pressurized Irrigation 2. The concerns of the owners of property along Fairview Avenue, stated in prior public hearings, were of having lights, particularly automobile headlights, shine into .their yards and homes. 3. Payment by the Applicant, or if required, any assigns, heirs, executors ar.personal representatives, of any impact, development, or transfer fee, adopted by the City. 4. Addressing the access linkage, screening, buffering, FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 18 transitional land uses, traffic study and recreation services. 5. An impact fee to help acquire a future school or park sites to serve the area. 6. An impact fee, or fees, for park, police, and fire' services as determined by the City. 7. Appropriate berming and landscaping.. 8. Submission and approval of any required plats. 9. Harmonizing and integrating the site improvements with any existing residential development. 10. Establishing the 35 foot landscaped setback as mentioned in the Planning Directors comments and in the Comprehensive Plan and landscaping the same. 11. Addressing the other comments of the Planning Director, Shari Stiles. 12. The sewer and.water requirements. 13. Traffic plans and access into and out of the development. 14. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan. 13. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a 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. ."; that since-the enactment of the above section, the City has found that it is difficult for the City and the Applicant to enter into a development agreement prior to annexation; that it is therefore FINDINGS OF FACT AND CONCLUSIONS, OF LAW - JOHNSON-ROUBA PAGE - 19 concluded that a development agreement shall be entered into, dealing with the matters set forth is the preceding section prior to issuance of a building permit. 14. That it is concluded that the annexing and zoning of the- property is in the best interests of the City of Meridian. 15. That it is concluded. that 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the /l/ainw. ~Zp~u),. ('~yn~.~.+oacov standards under, which the ...~;a~l s~all review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions P/Qhhrht ~e~8-ir~~'~-q Co~rrni'SSiv~.: of the area, the ctSncludes as follows: a. The use, would in fact, not constitute a conditional use as under the Meridian Zoning Ordinance planned commercial development, retail stores, and wholesale facilities, are permitted uses in the C-G district, but since the Comprehensive Plan states that all development requests in the Mixed Use Areas around Fairview Avenue and Locust Grove Road will be subject to development review and conditional use permit processing to ensure neighborhood compatibility, the conditional use. application is deemed to be appropriate, as is the granting of such conditional use. b. The use should be harmonious with and in accordance with the Comprehensive Plan, if the requirements in these Findings of Fact and Conclusions of Law are met, but the Comprehensive Plan requires a conditional use permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of -the general vicinity ae long as development is undertaken to meet the representations of the Applicant in the Application and as stated at the public hearing and those that may be required by the City under design review. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses as long FINDINGS OF-FACT AND CONCLUSIONS OR LAW _ JOHNSON-ROUBA PAGE - 20 as development is undertaken to meet the representations of the Applicant and those that may be required by the City under design review. e. The property will have sewer and water service available, but the Applicant will have to extend the lines to serve all parts of his property. f. The use would not create excessive additional requirements at public coat for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required and the parking ordinance shall be met including the preparation of a parking plan and landscaping plan. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. lfi. It is concluded that the conditional use permit should be granted, but as a condition of the conditional use permit a development agreement shall be entered into regarding. the development of the retail uses and such is hereby made a condition of the granting of the conditional use permit. 17. That the requirements of the Meridian Police and Fire Departments, Meridian City Engineer's office, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in a development agreement. 18. That it is concluded that the location and layout of the proposed use on the property could pose problems with regard to. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-KOUSA PAGE - 21 noise, glare, fumes or odors for the adjacent residential properties to the south; that it is concluded that it is one of the purposes of the Zoning Ordinance to protect residential, commercial, industrial and civic areas from the intrusion of" ' incompatible uses and to provide opportunities for establishments to concentrate for efficient operation in mutually beneficial relationships to each other and to shazed services (11-2-401 5.), but it is also the purpose of the Zoning Ordinance to encourage the proper distribution and compatible integration of neighborhood commercial uses into all residential azeas of the City (11-2-401 11.). 19. That it is concluded that to make the proposed use harmonious and compatible to neighboring residential uses to the south the following requirements must be met, and continuously met; and these conditions should be reviewed by the City Council, amended, added to, changed or deleted as the City Council deems appropriate: a. That the Applicant shall provide a barrier along the property's boundaries as directed by the Planning and Zoning Administ or. b. That the buildings shall be subject to design review and all bui3 inu plans shall be submitted to the Planning and Zoning recta for approval before they are submitted to the Building Inspector. c. .That any and all lighting shall be directed away from adjacent residential or commercial uses and shall be constructed such that it does not glare, or shine, on any surrounding property, unless the owner of the adjacent property signs a written consent to have it shine on the propert w ich consent must be submitted to the Planning and Zoning rector FINDINGS OF FACT AND CONCLUSIONS OP LAW - JOHNSON-KOUBA PAGE - 22 d. That the use of any external loudspeakers shall be limited to business hours, 7:30 a. m. to 8:00 p. m., only on Monday through Friday, and shall be limited to 60 decibels; that all of the buildings shall be constructed to be as soundproof as reasonably possible. e. That there shall be no wrecked, demolished, or junk cars kept or stored on the property, unless they are totally screened from view. f. That there shall be no offensive fumes,'smoke or odor emitted from the property; that normal motor vehicle exhaust from passenger or pickup trucks shall not be deemed to be offensive; that all hazardous wastes shall be properly disposed of and shall not be maintained on the property. g. That all construction, including remodeling, fence construction, and plantings shall be subject to Design Review by the City of Meridian. 20. That the conditions stated herein, or as ultimately set by the City Council, shall be agreed to by the Applicant, in writing; that if they are not so agreed to the Application should be denied. 21. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. 22. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. 23. That proper and adequate access to the property is available and will have to be maintained, with appropriate buffering to residential properties or traffic on Fairview Avenue. 24. That these conditions shall run with the land and bind the Applicant and his assigns. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 23 r,_ 25. With compliance of the conditions contained herein, the annexation and zoning of General Retail and Service Commercial (C- G), and the issuance of a conditional use permit would be in the VOTED best interest of the City of Meridian. 26. That if these conditions of approval are not met, the property shall not be annexed and the conditional. use permit shall not be granted. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Planning and Zoning Commission hereby adopts and. approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER OSLUND COMMISSIONER SHEARER MacCOY JOHNSON (TIE BREAKER) VOTED _ f VOTED I~-"~(~//'O / VOTED G, jI • ~(~ VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 24 RECOMMENDATION The Planning and Zoning Commission of the City of Meridian recommends to the City Council that the property set forth in the application be approved for annexation, zoning and the issuance of a conditional use permit, under the conditions set forth in the Conclusions of Law. MOTION: APPROVED: ~~f~~s" DISAPPROVED: ,r FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 25