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HomeMy WebLinkAboutStow-It Self Storage AZ-04-013 BEFORE THE MERIDIAN CITY COUNCIL C/C 08/10/04 IN THE MATTER OF THE REQUEST FOR ANNEXATION & ZONING OF 13.5 ACRES TO C-G FOR STOW-IT SELF STORAGE Case No. AZ-O4-013 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING LYONS DEVELOPMENT, LLC APPLICANT The above entitled annexation and zoning application having come on for public hearing on August 10, 2004, at the hour of 7:00 p.m., and Anna Canning, Becky McKay and Bruce Freckleton, 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 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, FINDINGS OF FACT AND CONCWSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND WNING- STOW-IT SELF STORAGE (AZ-O4-O13) PAGE 1 OF 11 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 is approximately 13.5 acres in size and is located on the southwest comer of the intersection of Overland Road and Stoddard Road, within Section 24, Township 3 North, Range I West. 4. Idaho Power Company is the current owner, and David L. Hogg has provided notarized consent for the subject application. 5. The Applicant is Lyons Development, LLC. FINDINGS OF FACT ANDCONCWSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING- STOW-IT SELF STORAGE (AZ-O4-013) PAGE20F 11 6. The subject property is currently zoned RUT (Ada County) and is vacant. 7. The Applicant requests the property be zoned C-G. 8. The property which is the subject of this application is within the Are of Impact of the City of Meridian. 9. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the 2002 Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: A storage unit complex with commercial/office uses and a caretaker's apartment. 11. The Applicant Requests zoning of the subject real property to CoG (General Retail and Service Commercial) which is consistent with the Meridian Comprehensive Plan Future Land Use Map, which designates the subject property as Mixed Use - Neighborhood. 12. There are no significant or scenic features of major importance that affect the consideration ofthis application. 13. The concerns of Jackie Reinhart, Shane Hodgekiss and Garrett Harwell, expressed at the July 15, 2004 hearing of the Planning and Zoning Commission are recognized. The City Council of the City of Meridian hereby approves the requested Annexation and Zoning as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Public Works Departments as follows: FINDINGS OF FACT AND CONCWSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION ANDWNING- STOW-IT SELF STORAGE (AZ-O4-013) PAGE 3 OF 11 5. ANNEXATION AND ZONING CONDITIONS 1. The legal description submitted with the application appears to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. Prior to the annexation ordinance approval, the owner shall be required to enter into a Development Agreement (DA) with the City as a condition of annexation. The DA shall require that: Uses shall be restricted to those depicted on the accompanying Conditional Use Permit (CUP) Site Plan. Non-development of the 2.5 acres shown as Future Development (OfficelRetail) on the accompanying CUP Site Plan, until City sewer is available to the subject property in compliance with the City's facility plans. The arrangement for a septic system connection for the proposed apartment/caretakers unit and commercial/office for the storage units is temporary and shall be abandoned, and connection made to City sewer, once the sewer is within 300 feet of the subject property. The applicant shall coordinate the design and location of "dry line" sewer line(s) to be installed to facilitate the future connection to City sewer. All future uses within the 2.5 acres shown as Future Development on the accompanying CUP Site Plan shall be required to obtain detailed conditional use permit approval. 3. Any existing domestic wells will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. All septic system(s) will have to be removed ITom their domestic service per City Ordinance Section 9-1-4 and 9-4-8, when service becomes available to this site. Wells may be used for non-domestic purposes such as landscape irrigation. 4. 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. Any future subdivision, uses and construction on this property shall comply with FINDINGS OF FACT ANDCONCWSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION ANDWNING-STOW-IT SELF STORAGE (AZ-O4-013) PAGE 4 OF 11 the City of Meridian ordinances in effect at the time. B. The Applicant shall also comply with the conditions and requirements of the corresponding application for this project, which is Conditional Use Permit - CUP-04-017. c. Adopt the action of the City Council taken at their August 10, 2004 meeting as follows: For clarification: 1. Applicant will tile all ditches pursuant to Paragraph 4 above, with the exception of the Hardin Drain located on the southerly boundary of the property. 2. Applicant shall, consistent with the commitment made by its representative at the City Council hearing, donate to the City a sewer easement adjacent to the Hardin Drain. FINDINGS OF FACT AND CONCWSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND WNING- STOW-IT SELF STORAGE (AZ-O4-013) PAGE 5 OF 11 CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 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: (CoG) 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 FINDINGS OF FACT AND CONCWSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND WNING- STOW-IT SELF STORAGE (AZ-O4-013) PAGE6OF 11 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. 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 LA W, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 13.5 acres to CoG (General Retail and Service Commercial) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 13.5 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: FINDINGS OF FACT AND CONCWSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION ANDWNING- STOW-ITSELF STORAGE (AZ-O4-O13) PAGE 70F 11 A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Public Works Departments as follows: ANNEXATION AND ZONING CONDITIONS 4. 1. 2. 3. The legal description submitted with the application appears to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. Prior to the annexation ordinance approval, the owner shall be required to enter into a Development Agreement (DA) with the City as a condition of annexation. The DA shall require that: . Uses shall be restricted to those depicted on the accompanying Conditional Use Permit (CUP) Site Plan. . Non-development of the 2.5 acres shown as Future Development (OfficelRetail) on the accompanying CUP Site Plan, until City sewer is available to the subject property in compliance with the City's facility plans. . The arrangement for a septic system connection for the proposed apartment/caretakers unit and commercial/office for the storage units is temporary and shall be abandoned, and connection made to City sewer, once the sewer is within 300 feet of the subject property. The applicant shall coordinate the design and location of "dry line" sewer line(s) to be installed to facilitate the future connection to City sewer. . All future uses within the 2.5 acres shown as Future Development on the accompanying CUP Site Plan shall be required to obtain detailed conditional use permit approval. Any existing domestic wells will have to be removed ITom their domestic service per City Ordinance Section 9-1-4 and 9-4-8. All septic system(s) will have to be removed ITom their domestic service per City Ordinance Section 9-1-4 and 9-4-8, when service becomes available to this site. Wells may be used for non-domestic purposes such as landscape irrigation. 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. If lateral FINDINGS OF FACT AND CONCWSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION ANDWNING-STOW-IT SELF STORAGE (AZ-O4-013) PAGE 8 OF 11 users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 5. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 4. The Applicant shall also comply with the conditions and requirements of the corresponding application for this project, which is Conditional Use Permit - CUP-04-017. 5. 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 ofthe application to (C-G) (General Retail and Service Commercial), and Meridian City Code § 11-7-2. 6. Subsequent to the passageofthe Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. 7. Adopt the action of the City Council taken at their August 10,2004 meeting as follows: For clarification: 1. Applicant will tile all ditches pursuant to Paragraph 4 of the Annexation and Zoning Conditions above, with the exception of the Hardin Drain located on the southerly boundary of the property. 2. Applicant shall, consistent with the commitment made by its representative at the City Council hearing, donate to the City a sewer easement adjacent to the Hardin Drain. NOTICE OF FINAL ACTION FINDINGS OF FACT ANDCONCWSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCA TION FOR ANNEXATION AND ZONING - STOW-IT SELF STORAGE (AZ-O4-O13) PAGE 9 OF 11 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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 7-'./lr day of J1p~ ,2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED ~ COUNCILMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) DATED: Q-7-O4- VOTED- FINDINGS OF FACT ANDCONCWSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND WNING- STOW-IT SELF STORAGE (AZ-O4-013) PAGE 10 OF 11 MOTION: APPROVED:+ DISAPPROVED:- M'~~ Attest: By: Ja.\Ü ../~ J\ 0 0 MJ City Clerk's Office Dated: (1- Cl-o4 z:\ WorklMlMeridianlMeridian 15360MStow-II Stornge AZ 04-0 13 CUP 04-0 171AZFFCLORD AZ-04-013 .doc FINDINGS OF FACT AND CONCWSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION ANDWNING- STOW-IT SELF STORAGE (AZ-O4-013) PAGE 11 OF 11