Loading...
HomeMy WebLinkAboutMussell Corner Subdivision AZ-03-038 BEFORE THE MERIDIAN CITY COUNCIL C/C 05/11/04 C/C OS/25/04 C/C 06/08/04 C/C 07/06/04 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION) AND ZONING OF 21.38 ACRES ) FROM C-2 TO CoG ZONE FOR ) PROPOSED MUSSELL CORNER ) SUBDIVISION, LOCATED ON THE) NORTHEAST CORNER OF KUNA- ) MERIDIAN ROAD (SH-69) AND ) VICTORY ROAD, WITHIN ) SECTION 19, TOWNSHIP 3 ) NORTH, RANGE 1 EAST, ) MERIDIAN, IDAHO Case No. AZ-O3-038 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PINNACLE ENGINEERS, INC., APPLICANT The above entitled annexation and zoning application having come on for public hearing on May 11,2004, and continued until May 25,2004, June 8, 2004, and July 6,2004, at the hour of7:00 p.m., and Brad Hawkins-Clark and Steve Siddoway for the Planning and Zoning Department, Dave McKinnon, Jose Veneziano, and Steven H. Laney, 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 AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGEIOF21 FINDINGS OF FACT 1. There has been compliance with all notice and hearing 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. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 21.38 acres in size and is located on the northeast corner ofKuna-Meridian Road (SH 69) and Victory Road, within Section 19, Township 3 North, Range 1 East, Meridian, Idaho, all within the Area ofImpact 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 Tim and Carol Mussell, and Tim Mussell has provided notarized consent for Pinnacle Engineers, Inc., to submit the subject application. Applicant is Pinnacle Engineers, Inc.. 5. The property is presently zoned C-2 (Ada County) and contains an existing landscape business, single-family residence, coffee kiosk, sprinkler/irrigation business and other outbuildings. 6. The Applicant requests the property be zoned as CoG (General Retail and Service Commercial). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-O3-038) PAGE 2 OF 21 7. The subject property is bordered to the north by RUT, to the south by RUT, to the east by R-4, and to the west by RUT. 8. The Applicant proposes to develop the subject property in the following manner: A commercial subdivision that includes a combination feed store and gas/convenience station. 9. The Applicant requests zoning of the subject real property as CoG, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map, which designates the subject property as Commercial. 10. There are no significant or scenic features of major importance that affect the consideration of this application. 11. The City Council recognizes the concerns of Cloyd and Bonnie Nelson in their letter dated February 23, 2004, and in letters from Ada County Development Services dated February 4,2004 and April 7, 2004. All are hereby entered into public record and are on file in the Meridian City Clerk's office, 33 East Idaho, Meridian, Idaho. 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 Recommendations of the Planning and Zoning Department as follows: 1. Prior to annexation ordinance approval, a Development Agreement shall be entered into between the City of Meridian and the property owner(s). The Development Agreement shall require that: a) All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use Permit process. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-O3-038) PAGE 3 OF 21 b) Business hours for uses on this property shall presently have no restriction on hours of operation. However, if in the future the "no restriction" on hours becomes a problem or hindrance to the surrounding area, then the City shall have the opportunity to re-evaluate the hours of operation, and at that time possibly place hours of restriction upon the businesses. Additionally, hours of fuel delivery, any potential for remgerated truck operation, and other noise generated at the site shall comply with the Meridian City Code Noise Ordinance. (Per action of the City Council taken at their July 6, 2004 meeting.) 2. Remove any existing domestic wells and/or septic systems within this project ITom their domestic service, per City Ordinance Section 5-7-517, when services are available ITom the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 8. Adopt the Recommendations of the Meridian Fire Department as follows: 1. 2. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 y," outlet face the main street or parking lot aisle. b. The fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-O3-038) PAGE 4 OF 21 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. (Radii modification required near the northwest corner ofthe existing house and on the easternmost driveway from Victory Road). 4. Insure that all yet undeveloped parcels are maintained tree of combustible vegetation. 5. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. 6. All driveways shall have a clear driving surface, available at all times, which is 20' wide. (Width modification required near the southeast corner of the proposed feed store). 7. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 8. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average 0[300' apart. 9. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles trom a given location and sufficient operational funds to staff the facilities. 10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 11. Any chemical storage on the site will require compliancewithIFC andMCC 11-12- 3.A. This includes agricultural fertilizers and chemicals. 12. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devises as are normally used in the handling of any such material. Such hazards shall be kept removed ftom adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, Uniform Life Safety Code, MCC 11-12-3.C, and the National Safety Foundation publications. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-O3-038) PAGE 5 OF 21 13. All buildings must be sprinklered. C. Adopt the Recommendations of the N ampa & Meridian Irrigation District as follows: 1. A Land Use Change Application shall be filed for review prior to final platting. All laterals and waste ways must be protected. The District's Kennedy Lateral courses along the east and northern boundary of this proposed project. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. 2. 3. 4. D. Adopt the Recommendations of the Ada County Highway District (ACHD) per theirreport, which lists site-specific requirements, conditions of approval, and street improvements, which are required, ands which is stamped: RECEIVED FEB 182004 City of Meridian City Clerk Office. E. The Applicant shall also comply with the conditions and requirements of the corresponding applications for this project, which are Preliminary/Final Plat- PFP-03-007, and Conditional Use Permit - CUP-03-071. F. Adopt the action of the City Council taken at their July 6,2004 meeting as follows: For Clarification: 1. The hours of operation for the proposed businesses have been addressed above in A.I.b. pursuant to action of the City Council taken at their July 6, 2004 meeting. 2. The Applicant shall be allowed to provide the pond amenity within an easement, rather than a common lot. The easement shall be maintained by the Property Owners' Association. 3. The Applicant shall be allowed to use as a temporary access onto SH/69 which is located at the far northern portion of the proposed project (Rumple Lane), until such area re- develops. 4. The Applicant shall submit a revised Landscape Plan to reflect the northern boundary of Victory Road, and provide a legal description pertaining to the pond area. 5. It is noted that ACHD will allow landscaping in their right-of-way but that they may restrict the placement of trees, and a License Agreement shall be entered into between the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 6 OF 21 Applicant and ACHD. 13. Ada County Development Services submitted three letters to the City outlining the history of the various code inftactions on this site. The most recent letter, dated July I, 2004, indicated that if the City approved the annexation and subdivision of the property, then the illegal split will be cleaned up. The other outstanding county violation noted by Ada County Development Services involves the lack of screening for the outdoor storage areas associated with the sprinkler business. The County will defer pursuing compliance of these issues as long as the Planning and Zoning staff forward all the proposed Findings of Fact and Development Agreement to the County for their review and comment. 14. The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial". In Chapter VII ofthe Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. It is found that the requested CoG zoning generally conforms to this stated purpose and intent of the Commercial designation. The following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan are applicable to this application: . Chapter VII, Goal IV, Objective D, Action item 2 . Chapter VII, Goal IV, Objective D, Action item 4 . Chapter IV, Goal I, Objective A, Action item 6 . Chapter VII, Goal I, Objective B, Action item 5 . Chapter VII, Goal 1, Objective B . Chapter V, Goal III, Objective D, Action item 5 . Chapter VI, Figure VI . Chapter VI, Goal II, Objective A, Action item 3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ'O3-038) PAGE 7 OF 21 14. It is not anticipated that the applicant intends to rezone the subject property in the future. 15. Nurseries are a pennitted use in the proposed CoG zone. Service stations are also a permitted use in the proposed CoG zone. Convenience stores require conditional use permit approval in the CoG zone. Residential uses are prohibited in the CoG zone. Irrigation/sprinkler businesses are not a listed use in the Zoning Schedule of Use Control (MCC 11-8-1). The existing irrigation/sprinkler business that is to remain does have outdoor storage, office space, and has functions similar to a contractor yard. Because the irrigation/sprinkler business is not specifically listed as a permitted use in the CoG zone, it has been determined that conditional use permit approval would be required (MCC 11-6-4). The purpose of the CoG District is to provide for commercial uses, which are customarily operated entirely or almost entirely within a building (MCC 11- 7-2.K). It is found that the proposed gas/convenience/feed store, the existing home, and the existing irrigation/sprinkler business that is to remain, are not principally permitted uses in the CoG zone. The gas/convenience/feed store and the existing irrigation/sprinkler business would require separate conditional use approval. The existing home that is to remain is not eligible for permitting and does not conform to the proposed zoning (non-conforming use). However, the Applicant is requesting that the home be approved with the PD/CUP as a use-exception (MCC 12-6-3). 16. Observation Point Subdivision and Bear Creek Subdivision have recently been annexed and developed with residential land uses in this area. There are not any developments in the area that have yet developed in a fashion similar to the proposed rezone area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ,O3-038) PAGE 8 OF 21 Kuna-Meridian Road was recently widened in this area by ITD. Victory Road is not scheduled by ACHD for any improvements in the current Five Year Work Program or CIP. The intersection of Victory Road/Kuna-Meridian Road is ranked #2 on the highway district's prioritization list and is anticipated to be a signalized intersection in the near future. 17. It is found that the proposed CoG zone/new uses, and any future uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The site is intended to be utilized for commercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. 18. Appropriate buffers should be required on the north and east boundaries of this development when Lots I and 4 redevelop, as the abutting uses (single-family) will be less-intense than uses allowed in the CoG zone (see MCC 12-13-12-4). 19. It is found that the recent roadway improvements to Kuna-Meridian Road (SH 69) should be adequate to serve this project for the short term. However, ITD has indicated that SH 69 is not constructed to its ultimate section and will need to be widened again in the future. ITD needs additional right-of-way and/or a ftontage road adjacent to/through this property (see letter ftom ITD). Improvements to Victory Road in this area have not taken place in the recent past, and except for the anticipated signalization at SH 69, none are anticipated within the next 20 years (not in ACHD's Five-Year Work Program). At full build out, it is believed that this site will add a significant amount of traffic to the roadway system (see ACHD staffreport for further details). This site has over 1,000 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-O3-038) PAGE 9 OF 21 feet of ftontage on Victory Road. ACHD is requiring the Applicant to install roadway improvements (pavement widening, sidewalk, bike lane, curb, gutter, etc.) on Victory Road. The ACHD is recommending, with site-specific and standards conditions, approval of the subject development. The subject site can be serviced by the City of Meridian's sanitary sewer and water systems. Water mains would have to be extended in E. Victory Road from the Observation Point Subdivision. A temporary sanitary sewer lift station would need to be installed near the northwest comer of the development, and a pressure main would need to be extended approximately 1,400- feet north on N. Kuna-Meridian Road to the existing sewer at the Elk Run Subdivision. On January 23,2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as it is currently outside of their five-minute response zone. Because the Fire Department does not know when a new station will be constructed in this area, south of the fteeway,' all buildings within this development must be sprinklered. The Applicant should coordinate the location and design of refuse container(s) with Sanitary Services Company (SSe). 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-I.C. It is found that the property proposed for annexation can be serviced by essential public facilities and services. 20. The developer will financing the extension of sewer, water, local/internal street inftastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. It is found that this development will not cause FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 10 OF 21 excessive additional requirements at public cost, if the applicant complies with the conditions of approval for the annexation/zoning, conditional use permit/PD permit and preliminary plat applications. 21. It is found that the gas station/convenience/feed store uses may involve activities, processes, materials, equipment or conditions that will produce traffic, noise, fumes and/or odors. It is not believed that the amount of traffic, noise, fumes and/or odors will be detrimental to the public. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of special uses such as fire hazards, bulk storage, noises. Conditions associated with a CUP and/or Development Agreement could establish use parameters that would prevent detrimental effects. In order to establish some guidelines to mitigate the detrimental aspects of the proposed use, the existing uses, and all future uses on-site, the hours of operation, hours of fuel delivery, any potential for remgerated truck operation, and anticipated decibel levels generated at the site shall be as follows, and are as addressed and acted upon at the City Council meeting held on July 6, 2004: Business hours for uses on this property shall presently have no restriction on hours of operation. However, if in the future the "no restriction" on hours becomes a problem or hindrance to the surrounding area, then the City shall have the opportunity to re-evaluate the hours of operation, and at that time possibly place hours of restriction upon the businesses. Additionally, hours of fuel delivery, any potential for remgerated truck operation, and the anticipated decibel levels generated at the site shall comply within the guidelines of noise in the Meridian City Code. 22. ACHD estimates this site will generate 1,632 additional vehicle trips per day (74 existing). Chapter VII of the Comprehensive Plan states that the City should "Restrict curb cuts FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-O3-038) PAGE110F21 and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2). ACHD has evaluated access to this site ftom Victory Road, while ITD has jurisdiction over access to Kuna-Meridian Road (SH 69). ACHD has approved two access points to Victory Road. Review of the ACHD report for this project will provide additional information. ITD has submitted a letter to the City stating that their policy for access to a Type IV Principal Arterial (SH 69) will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis (see letter ftom ITD). ITD's policy on approaches lessens the ability of driveways to create interference on the roadways. The driveways proposed to SH 69 for this site do not conform to ITD' s policy listed above for approaches on a Type IV roadway. Currently SH 69 has a posted speed limit of 55 MPH. Vehicles leaving this site from the proposed access points will be attempting to merge with, or cross, traffic that is going extremely fast. It is found that if the approaches to the site are constructed as proposed, they will cause interference with the traffic flow on SH 69. 23. There are no natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with commercial uses. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 24. It is found that essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The. applicant is proposing to develop the land in substantial compliance with the City's FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-O3-038) PAGE 12 OF 21 comprehensive plan (Commercial). It is found that annexation and zoning of this property would be in the best interest of the City. 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 welfare 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 development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected svicinity 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 13 OF 21 of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The project follows the pertinent provisions of the City of Meridian Comprehensive Plan that are applicable to this Application. 5. The zoning of (C-G) General Retail and Service Commercial is defined in the Zoning Ordinance at § 11-7-2 K as follows: (C-G) General Retail And Service Commercial District: The purpose of the CoG 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, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The Citv ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 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 ofthe City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 14 OF 21 8. Pursuant to Section 11-16-4 A ofthe 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 21.38 acres to General Retail and Service Commercial (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of21.38 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to meet the conditions set forth and in the event the conditions herein are 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 Recommendations of the Planning and Zoning Department as follows: 1. Prior to annexation ordinance approval, a Development Agreement shall be entered into between the City of Meridian and the property owner( s). The Development Agreement shall require that: a) All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use Permit process. b) Business hours for uses on this property shall presently have no restriction on hours of operation. However, if in the future the "no FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 15 OF 21 restriction" on hours becomes a problem or hindrance to the surrounding area, then the City shall have the opportunity to re-evaluate the hours of operation, and at that time possibly place hours of restriction upon the businesses. Additionally, hours of fuel delivery, any potential for remgerated truck operation, and other noise generated at the site shall comply with the Meridian City Code Noise Ordinance. (Per action of the City Council taken at their July 6, 2004 meeting.) 2. Remove any existing domestic wells and/or septic systems within this project ftom their domestic service, per City Ordinance 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. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 1/2" outlet face the main street or parking lot aisle. b. The fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. (Radii modification required near the northwest corner ofthe existing house and on the easternmost driveway ftom Victory Road). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 16 OF 21 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. All driveways shall have a clear driving surface, available at all times, which is 20' wide. (Width modifications required near the southeast corner of the proposed feed store). 7. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. 8. Commercial and office occupancies will require a fire flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average 0[300' apart. 9. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles ftom a given location and sufficient operational funds to staff the facilities. 10. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 11. Any chemical storage on the site will require compliance with IFC and MCC 11-12-3.A. This includes agricultural fertilizers and chemicals. 12. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire-prevention equipment and by such safety devises as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, Uniform Life Safety Code, MCC 11- 12-3.C, and the National Safety Foundation publications. 13. All buildings must be sprinklered. C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 17 OF21 I. A Land Use Change Application shall be filed for review prior to final platting. 2. All laterals and waste ways must be protected. The District's Kennedy Lateral courses along the east and northern boundary of this proposed project. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 4. The developer must comply with Idaho Code 31-3805. D. Adopt the Recommendations ofthe Ada County Highway District (ACHD) per their report, which lists site-specific requirements, conditions of approval, and street improvements, which are required, ands which is stamped: RECEIVED FEB 182004 City of Meridian City Clerk Office. E. The Applicant shall also comply with the conditions and requirements ofthe corresponding applications for this project, which are Preliminary/Final Plat- PFP-03-007, and Conditional Use Permit - CUP-03-071. F. Adopt the action of the City Council taken at their July 6,2004 meeting as follows: For Clarification: 1. The hours of operation for the proposed businesses have been addressed above in A.1.b. pursuant to action of the City Council taken at their July 6,2004 meeting. 2. The Applicant shall be allowed to provide the pond amenity within an easement, rather than a common lot. The easement shall be maintained by the Property Owners' Association. 3. The Applicant shall be allowed to use as a temporary access onto SH/69 which is located at the far northern portion of the proposed project (Rumple Lane), until such area re-develops. 4. The Applicant shall submit a revised Landscape Plan to reflect the northern boundary of Victory Road, and provide a legal description pertaining to the pond area. 5. It is noted that ACHD will allow landscaping in their right -of-way but that they may restrict the placement of trees, and a License Agreement shall be entered into between the Applicant and ACHD. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 18 OF 21 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C-G) General Retail and Service Commercial District, and Meridian City Code § 11- 7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staffofthe Public Works Department shall prepare the appropriate mapping changes of the official boundaries 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 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 may be 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 19 OF 21 By action of the City Council at its regular meeting held on the de) th Jl \ \.lj ROLL CALL ,2004. COUNCILMAN SHAUN WARDLE COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) DATED:--.J:Uh¡ 20 I 2004- MOTION: APPROVED:---2L- DISAPPROVED:- Attest: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE 20 OF 21 day of VOTED~ VOTED~ VOTED ---1\.\c:œf\.\ VOTED~ VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. BY:~~ J\\ ~ ~ rvu City Clerk's Office Dated: -=I. '2Ü . ~ Z:\Wo,kIM'MeridianlMeridian 15360MMusseU Com", Sub AZ-03-038 PFP-03-007 CUP-03<J71lAZFfCl&Ordcr.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING MUSSELL CORNER SUBDIVISION (AZ-03-038) PAGE21 OF21