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HomeMy WebLinkAboutMeridian Gateway AZ-04-031 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 9.08 acres from C2 (Ada County) to C-G (Commercial) for Meridian Gateway by the City of Meridian. Case Nos. AZ-04-031 For the City Council Hearing Dates of: January 18, 2005 A. Findings of Fact l. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matters were duly considered by the City Council at the January 18, 2005 public hearing. The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. c. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matters to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application, it is hereby verified that there are several property owners of record at the time of issuance of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-03I - PAGE I of4 these findings. All of the current property owners have evidenced consent to the subject annexation by purchasing property within the boundaries of the respective subdivisions, as consent is implied for the area because the properties are connected to a water and wastewater collection system operated by the City (see Idaho Code § 50-222(4». 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit C for the findings required for the Annexation and Zoning application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian 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. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, and Conditions of Approval in Exhibit B. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The site specific and standard conditions of approval are as shown in Exhibit B. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-O4-03I - PAGE 2 of4 D. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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. 2. 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 the issuance or denial of the conditional use permit approval 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. E. Exhibits Exhibit A: Legal Description Exhibit B: Annexation and Zoning Conditions of Approval Exhibit C: Annexation and Zoning Analysis/Facts and Findings By action of the City Council at its regular meeting held on the fj6""6U¿'i.~ ~ 2.1/0'5' t ., J . IS? day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED - ~~ Mayor T y d eerd CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-O4-03I - PAGE 3 of4 and City Attorney. By: j(U~Q..Ð.!J.--! City Clerk's Office Dated: 2-1-05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-04-03I - PAGE 4 of4 EXHIBIT A Legal Description Meridian Gateway AZ-04-031 Roylance & Assoëìates PA 3jJIW.SIoIeSlIee\SIMIaE,EagIe,~ahoB3616 ,-' Engine"", 0 Surveyors' Landplann"", TeieplJol1ß (2œ) 939-2824 Fax (208) 939-2855 October ]5, 2004 Project Number 2560 Legal Description . White-Leasure Developmenl Company Annexation Area 9.08 Acres A tract of land ,itWlled in the Northeast One QlUIfIer of the Northeast One QWI!1er of Section 24, Town,hip 3 North, Range 1 Wes~ Boise Meridian, Ada County, Idaho, described as fuHows: Commencing at the Section Comer monumenting the Norrheast comer of said Section 24 and the POINT OF BEGINNING. Thence following the northedy line of ,aid Section 24 and the centerline of Wesl Overland Rood, North 89'46'45" West a distance of 525.00 feet In a point; Thence leaving said northerly line and the centerline of West Overland Road. South 00'37'36" We't a distance of 753.50 feet to a point on the northerly line of Elk RWI Subdivision, a recorded plat on file in Book 63 0]' PI"" at pages 6303 and 6304, Records nf Ada County,ldaho; Thence following 'ai<I northerly line South 89'46'45" East . distance of 525.00 feet to a point on the easterly line of said Section 24 and the centerline of South MeridUm Rood; Thence leaving said northerly line and following the easterly line of Section 24 and the centerline oj South Meridian Road, North 00'37'36" East a distance of 753.50 feet to the POINT OF BEGINNING, The above-described tral;t of land conlains 9.08 acres, more or less. subject to all existing easement, and rigltlS-of-way. Pref'81"'lBy: ROYLANCE & ASSOCIATES P.A. 391 W. STATE,STRIiET'~E ' EAGLE, IDAHO 83616 . (208) 939-2824 (208) 939-2855 FAX Oc.12~?,001\ .....".!~~t~~~ ,"o~ \()-IS--O"'\ X"""",,,\wru~.t=""C56CMdm;"IL<..,~ '" ""_om"""""",, EXHIBIT B Annexation and Zoning Conditions of Approval Meridian Gateway AZ-04-030 The City Council of the City of Meridian hereby approves the requested Annexation and Zoning as requested for the property described in the application, subject to the following: ANNEXATION AND ZONING CONDITIONS OF APPROVAL 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The subject property is within the Urban Service Planning Area. Essential City services can be made available to the subject property. 3. All future development on said property shall comply with the City of Meridian ordinances in effect at the time of application. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 5. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: . All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use Pennit process. . Prior to issuance of any building pennit on the subject property, all existing uses shall be properly abandoned or brought into compliance with the Meridian City Code, Meridian Fire Department, and subject to the conditions of ACHD and ITD. EXHIBIT C Annexation and Zoning Analysis/Facts and Findings Meridian Gateway (File AZ-04-031) ANNEXATION & ZONING ANALYSIS Section 50-222. Idaho Code. allows cities of the State ofIdaho to annex lands which are reasonablv necessarY to assure the orderly development of the city in order to allow efficient and economically viable provisions of tax-supported and fee-supported municipal services. to enable the orderly development of private lands which benefit from the cost-effective availabilitv of municipal services in urbanizing areas and to CQuitablv allocate the costs of public services in management of development on the urban mnge. The subject annexation complies with the provisions for annexation established in Section 50-222, Idaho Code. The subject annexation is eligible for, and is being processed in compliance with the Category "B" annexation requirements established in Section 50-222, Idaho Code. According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning and Zoning Commission and City Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " Thefollowing is the list of standards found in Meridian City Code 11-15-11 and analysis by staff: "A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Commercial". In Chapter VII of the 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. Staff finds that the requested C-G zoning generally conforms to this stated purpose and intent of the Commercial designation. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): . "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal Arterial 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. Staff finds that the proposed access points to Kuna-Meridian Road (SH 69) and Overland Road shall be subject to the location requirements of ITD and A CHD respectively. In compliance with the Meridian Comprehensive Plan no curb cuts shall be allowed on Kuna-Meridian Road (SH 69). . "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) The Applicant has not addressed landscaping adjacent to the existing uses that are to remain on-site. ITD has a policy that its jùture right of way width on Kuna-Meridian Road will be I20-feet on each side of the centerline (240 feet total) for building setbacks and to include a frontage road; or, 70-feet each side of centerline (140 feet total) if the developer provides an internal frontage road type system to feeder roads. The general requirements of ITD would not be in compliance with the existing use and would require compliance upon approval of a detailed site plan and/or subdivision and/or conditional use permit issuance. Staff finds that the existing building setbacks, landscape inadequacies, and the potential for right-ol-way acquisition create a unique situation for the site. In order to mitigate anticipated problems a development agreement will be required. . "Permit new. . .commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) The Meridian Fire Department has not submitted written comments for this site as the plans submitted based on the conceptual retail use only. One of the comments received from the Fire Department states that the existing convenience store has several items of concern that would require compliance upon approval of a detailed site plan and/or subdivision and/or conditional use permit issuance. The subject site is readily serviceable by City of Meridian's sanitary sewer and water systems. . "Locate, new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action item 5) The subject property has frontage on both an arterial roadway, Kuna- Meridian Road, and a collector roadway, Overland Road. The existing uses adjacent to this site have not yet developed to the expected residential densities or Commercial uses anticipated in the Comprehensive Plan. Because the adjoining properties are still somewhat rural in nature, the development of retail uses as described in the Conceptual plan may complement the existing uses. Depending on how the rest of the site builds-out, this development may or may not compliment adjoining residential developments to the south and west of the site. . "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal I, Objective B) The proposed and existing uses do provide a variety of commercial uses in this area, as envisioned with the Comprehensive Plan. . "Require all commercial businesses to install and rnaintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The Applicant has not addressed the requirement to install landscaping adjacent to the existing commercial uses that are to remain on-site. Staff has conditioned that the required setbacks for Landscaping and Buildings be installed upon reception of a detailed development proposal and prior to issuance of any building permits to facilitate the Entryway Corridor comprehensive goal, the anticipated roadway requirements of ITD and ACHD, the Meridian Fire District, and the City of Meridian Zoning Code. . "On-street bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI-5) Figure VI-5 on page 57 of the Comprehensive Plan designates a bikeway on both Overland Road and Kuna-Meridian Road adjacent to the site. The Applicant has not addressed the issues of bikeways adjacent to the site. Staff is recommending that the Applicant work with ACHD to provide a bike lane on Overland Road, but not Kuna-Meridian Road. Because the posted speed limit on Kuna-Meridian Road is 55 MPH, staff does' not believe that a bikeway should be required. . "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action item 3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The detailed site plan must address these issues. . B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the Applicant intends to rezone the subject property in the future. c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; Convenience stores require conditional use permit approval in the C-G zone. Residential uses are prohibited in the C-G zone. The existing Junkyard business is not allowed in a CoG zone and would be required to conform to the submitted conceptual plan and cease operation. 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). Staff finds that the proposed convenience store and the existing Junkyard are not principally permitted ,uses in the C-G zone. The convenience store would require separate conditional use approval. The existingjunkyard is prohibited and does not conform to the proposed zoning. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Southern Springs Subdivisions 1-3 have recently been annexed and developed with commercial land uses in this area. There are several developments in the area that have developed in a fashion similar to the proposed rezone area. Kuna-Meridian Road was recently widened in this area by ITD. Overland Road is scheduled by ACHD for improvements in the current Five Year Work Program or CIP. The intersection of Overland RoadlKuna-Meridian Road is a signalized intersection with directional traffic being controlled. The Commission and Council should rely on the preceding facts and any public testimony to determine whether the changes in the area dictate that this area should be annexed into the City and zoned C-G at this time. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed C-G zone with the proposed retail 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. The existing uses do not conform to the harmonious and appropriate appearance of the existing general vicinity and would be required upon redevelopment to conform to these goals and policies. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The existing uses on the site are hazardous to neighboring uses. Accessory to the existing businesses, there are chemicals, gasoline, and assorted automobile wastes stored on this site. Appropriate buffers should be required on the north and east boundaries of this development, as the abutting uses are less-intense than the proposed and existing uses (see MCC 12-13-12-4). The Commission and Council should rely on public testimony to determine whether the proposed uses will be disturbing or hazardous to the neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds 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. Based on recent correspondences, ITD needs additional right-of-way and/or a frontage road adjacent to/through this property. Improvements to Overland Road in this area have not taken place in the recent past, and except for the signalization at SH 69, improvements are anticipated within the next 20 years. Based on past correspondence with ACHD, Planning staff believes that this site will add a significant amount of traffic to the roadway system upon build out. This site has over 500 feet of frontage on Overland Road. Based on future development applications staff is conditioning that the Applicant enter into a development agreement with the City to require improvements (landscaping, sidewalk, bike lane, road widening, turn-lane, etc.) to Overland Road, subject to ACHD requirements, with site-specific standards conditions to be met in accordance with approval of the subject development. On December 3, 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 contains several I. J. non-conforming uses that do not meet standards for service. Because the applicant has not identified all future buildings within this development, such buildings will be subject to further review and comments by Meridian Fire Department. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, and any other agency not listed above, regarding their ability to adequately service this project. Staff finds that the property proposed for annexation can be served adequately by all essential public facilities and services as conditioned. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If this annexation/development is approved, the developer will be financing the extension of sewer, water, localJinternal street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services. Staff finds that this development will not cause excessive additional requirements at public cost. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the convenience store uses involve activities, processes, materials, equipment or conditions that could produce excessive traffic, noise, fumes and/or odors, as well as other negative public impacts. A kev Question that should be discussed at the uublic hearing is whether the imuacts will be "excessive." MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of special uses such as fire hazards, bulk storage, noises. In the Applicant's letter, they do not address the convenience store. Conditions associated with a CUP and/or Development Agreement could establish use parameters that would prevent detrimental effects. In order to establish guidelines to mitigate the anticiuated detrimental asuects of the urouosed and existing uses the Auulicant should clarify the urouosed uses during the uublic hearing. Will the area have vehicular approaches to the property ,which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that any future uses !lli!Y impact the level and flow of traffic on the surrounding roadways. Chapter VII of the Comprehensive Plan states that the City should "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2). K. L. ACHD has not evaluated the proposed access to this site from Overland Road, while ITD has jurisdiction over access to Kuna-Meridian Road (SH 69). The ITD and ACHD reports for future site projects should provide additional information regarding this portion of this finding. Stafffeeis that the accesses will be adequately addressed by future applications. ITD has indicated to the City the 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 from ITD). ITD's policy on approaches lessens the ability of driveways to create interference on the roadways. Staff finds that no curb cuts or access to Kuna-Meridian Road shall be taken from this site upon development. Will not result in the destruction, loss or damage of' a natural or scenic feature of major importance; and Staff is not aware of any 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. Future development shall be in compliance with the Scenic and Historical Byway goals and policies. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" Staff finds that the annexation and zoning of this property as mitigated through a development agreement may be in the best interest of the City for the following reasons: . the developments in the area have developed in a fashion similar to the proposed rezone area (commercial); . municipal sanitary sewer and water systems are readily available to provide service; . the proposed retail stores use may involve activities, processes, materials, equipment and/or conditions that will produce additional traffic, noise, fumes and/or odors, as well as other negative public impacts that can be mitigated through development of the site; . the existing uses that are to remain, signage, landscaping, public infrastructure (sidewalk, bike lanes), screening, drive-aisles, or parking, are to be brought into compliance with current City Code upon development of the site; . the existing building setbacks, landscaping, and lack of a frontage road or accounting for additional right-of-way on Kuna-Meridian Road does not meet policies outlined in the Comprehensive Plan and Meridian City Code and would be required prior to redevelopment of the site; . Mr. Howell has the following violations of Ada County Code, Title 8 existing on his property that will be mitigated through redevelopment of the site: . According to the Ada County Code Enforcement Officer, Mr. Howell has a non-permitted Junkyard. At the present time without having an approved detailed site plan, the area where the existing junk automobiles are being displayed is in violation of Ada County Code. ANNEXATION AND ZONING COMMENTS 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The subject property is within the Urban Service Planning Area. Essential City services can be made available to the subject property. 3. All future development on said property shall comply with the City of Meridian ordinances in effect at the time of application. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 5. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the, City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process._The DA shall incorporate' the following: . All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use Permit process. . Prior to issuance of any building permit on the subject property, all existing uses shall be properly abandoned or brought into compliance with the Meridian City Code, Meridian Fire Department, and subject to the conditions of ACHD and ITD. MERIDIAN FIRE DEPARTMENT CONDITIONS (AZ-04-031) The Meridian Fire Department has not provided written testimony for the annexation. The fire agency has indicated to staff during the agency comments meeting that they would be requiring compliance upon redevelopment of the site. In particular, they noted the following specific concerns: . The underground storage tanks for the convenience store shall' be verified as registered with the Department of Environmental Quality . The tank located at the right of way between Overland Road and Kuna-Meridian Road (SH 69) shall be relocated to an appropriate location. . All flammable fluids contained in the junkyard shall be disclosed and/or stored in an appropriate and defined location. . The remediation of any gasoline spills shall be verified as clean or in progress of being remediated.