HomeMy WebLinkAboutLocust Grove Subst AZ 02-009BEFORE THE MERIDIAN CITY COUNCIL
C/C 06-18-02
IN THE MATTER OF THE )
APPLICATION OF THE CITY OF )
MERIDIAN, THE APPLICATION )
FOR ANNEXATION AND ZONING )
OF 1.00 ACRES FOR PROPOSED )
MERIDIAN FIRE DEPARTMENT )
LOCUST GROVE SUBSTATION, )
LOCATED AT 3545 N. LOCUST )
GROVE, MERIDIAN, IDAHO )
Case No. AZ-02-009
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public hearing
on July 18, 2002, at the hour of 6:30 p.m., and David McKinnon of the Planning and Zoning
Department, Ivan Marchello, Fire Chief Kenny Bowers, 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, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MERIDIAN FIRE
DEPARTMENT SUBSTATION (AZ-02-009)
Ordinance No. 629, January 4,1994, 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, and is approximately 1.00 acres in size, is located at 3545
N. Locust Grove, all within the Area of Impact of the City of Meridian and the Meridian Urban
Service Planning Area.
4. The owner of record of the subject property is the City of Meridian/Meridian
Rural Fire Protection District; and the applicant is City of Meridian/Meridian Rural Fire
Protection District.
5. The property is presently zoned by RUT and consists of vacant land.
6. The Applicant requests the property be zoned as L-O, with the intent to construct
a new fire department substation, which is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Single-Family Residential.
7. The subject property is bordered to the north, south and west by Ada County RUT
zoned property and to the east by Summerfield Subdivision zoned R-4.
8. There are no significant or scenic features of major importance that affect the
consideration of this application.
9. 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:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MERIDIAN FIRE
DEPARTMENT SUBSTATION (AZ-02-009)
1. Essential City services are or shall be available to the subject property.
Remove any existing domestic wells and/or septic systems within this project 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.
Future development of this property as a Fire Department Substation shall be in
compliance with City of Meridian development ordinances in place at the time of
development. The property shall be restricted for only public use and be subject to
conditional use if a fire substation is not constructed at this location.
Adopt the Recommendations of the ACHD as follows:
Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the
parcel by means of a warranty deed. The right-of-way purchase and sale agreement and
deed must be completed and signed by the applicant prior to scheduling the final plat for
signature by the ACHD Commission or prior to issuance of a building permit (or other
required permits), whichever occurs first.
Construct a 5-foot wide concrete sidewalk on Locust Grove Road located 2-feet within
the right-of-way. Coordinate the location and elevation of the sidewalk with District
staff.
3. As required by District policy, restrictions on the width, number and locations of
driveways, shall be placed on future development of this parcel.
Pave all driveway(s) to their full-required width and to a point 30-feet beyond the edge of
pavement of Locust Grove Road with 15-foot pavement tapers abutting the existing
roadway edge.
5. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval:
6. Any existing irrigation facilities shall be relocated outside of the right-of-way.
7. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
8. Replace any existing damage curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MERIDIAN FIRE
DEPARTMENT SUBSTATION (AZ-02o009)
o
All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
10. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
11.
Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
12.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
13.
It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the applicant shall be repaired by the applicant at no
cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
14.
No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authoriZed representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
15.
Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to change
the planned use of the subject property unless a waiver/variance of said requirements or
other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
Adopt the Recommendations of the Meridian Fire Department as follows:
A tire-flow consistent with Appendix III-A of the Uniform Fire Code shall be provided to
service the entire project. Fire hydrants shall be placed an average of 400' apart at
approved locations.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MERIDIAN FIRE
DEPARTMENT SUBSTATION (AZ-02-009)
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
3. Acceptance of water supply for fire protection is contingent upon acceptance of the water
system by the City of Meridian.
4. Final approval for fire hydrant location shall be by the Meridian Fire Department.
5. All turning radii shall be 28' inside and 48' outside.
Adopt the notation of the Meridian Water Department as follows:
1. The Department has a 12" main on the east side of Locust Grove which shall be available
for the project.
Additionally, comply with the action of the City Council taken at their June 18, 2002
meeting as follows:
1. The annexation shall be limited and restricted to public uses only, otherwise the uses
proposed would have to go through the conditional use process.
10. 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. 9, 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.
11. It is also found that the development considerations as referenced in Finding No.
9 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
vicinity 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MERIDIAN FIRE
DEPARTMENT SUBSTATION (AZ-02-009)
12. It is found that the requested zoning designation, L-O, is harmonious with and in
accordance with the adopted Comprehensive Plan and Generalized Land Use Map if it is used by
the Fire Department as a substation. The subject property is currently depicted on the 1993
Generalized Land Use Map as "Single-Family Residential."
13. It is found that the surrounding properties include rural residential properties and
residential subdivisions. New development projects have been proposed in the area, including
the aforementioned mixed use Heritage Commons Subdivision, which will place more demand
on existing emergency services. It is also found that the requested zoning designation of L-O for
a fire substation will be harmonious with the existing and future development.
14. It is found that the proposed use (Fire Department substation) will not change the
existing or intended residential character of the area.
15. It is not anticipated that the proposed uses will be hazardous or disturbing to
future or existing neighbors.
16. It is found that the property to be annexed will be served adequately by all
essential public facilities and services.
17. It is found that there will not be excessive additional requirements at public cost
and that the annexation and zoning will not be detrimental to the community's economic welfare.
18. It is found that the proposed substation will not create excessive traffic, noise or
other nuisances that would be detrimental to the general welfare of the surrounding area. Lights
and sirens may be of concern to neighbors; however, it is also found that the use of safety
equipment such as lights and sirens, should not be a justifiable reason to deny the annexation of
land to be used as a fire station.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MERIDIAN FIRE
DEPARTMENT SUBSTATION (AZ-02-009)
19. It is found that the subdivision of the property will not create significant
interference with the existing traffic on Locust Grove.
20. It is found that no natural or scenic feature of major importance will be lost or
damaged by approved the annexation and re-zone. Any existing trees larger than 4" caliper that
are removed shall be mitigated for, per the Landscape Ordinance.
It is found that the annexation of this property would be in the best interest of the
21.
City.
22.
It is found that the zoning of the subject real property as Limited Office (L-O)
requires connection to the Municipal Water and Sewer systems and will be compatible with the
Applicant's development intentions, and will assure that the zoning is consistent with the
Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property
as Single-Family Residential.
23. The subject annexation request and zoning designation and proposed
development relates to and is compatible with the goals and policies of the Comprehensive Plan
of the City.
24. The property can be physically serviced with City water and sewer.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MERIDIAN FIRE
DEPARTMENT SUBSTATION (AZ-02-009)
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 Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No.
629, January 4, 1994.
4. The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Goals 1 through 10, inclusive.
5. The zoning of Limited Office District (L-O) is defined in
the Zoning Ordinance at § 11-7-2 G as follows:
(L-O) Limited Office District: The purpose of the L-O District is to permit the
establishment of groupings of professional, research, executive, administrative, accounting,
clerical, stenographic, public service and similar uses. Research uses shall not involve heavy
testing operations of any kind or product manufacturing of such a nature to create noise,
vibration or emissions of a nature offensive to the overall purpose of this District. The L-O
District is designed to act as a buffer between other more intense nonresidential uses and
high density residential uses, and is thus a transitional use. Connection to the Municipal
water and sewer system of the City is a requirement in this District.
6. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MERIDIAN FIRE
DEPARTMENT SUBSTATION (AZ-02-009)
Subdivision and Development Ordinance of the City of Meridian.
8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
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 1.00 acres to
Limited Office District (L-O) is granted subject to the terms and conditions of this Order hereinafter
stated.
2. The application is for annexation and zoning of 1.00 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, 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 met 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:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. Essential City services are or shall be available to the subject property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MERIDIAN FIRE
DEPARTMENT SUBSTATION (AZ-02-009)
Remove any existing domestic wells and/or septic systems within this project 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.
o
Future development of this property as a Fire Department Substation shall be in
compliance with City of Meridian development ordinances in place at the time of
development. The property shall be restricted for only public use and be subject to
conditional use if a fire substation is not constructed at this location.
Adopt the Recommendations of the ACHD as follows:
Dedicate 48-feet of right-of-way from the centefline of Locust Grove Road abutting the
parcel by means of a warranty deed. The right-of-way purchase and sale agreement and
deed must be completed and signed by the applicant prior to scheduling the final plat for
signature by the ACHD Commission or prior to issuance of a building permit (or other
required permits), whichever occurs first.
°
Construct a 5-foot wide concrete sidewalk on Locust Grove Road located 2-feet within
the right-of-way. Coordinate the location and elevation of the sidewalk with District
staff.
3. As required by District policy, restrictions on the width, number and locations of
driveways, shall be placed on future development of this parcel.
Pave all driveway(s) to their full-required width and to a point 30-feet beyond the edge of
pavement of Locust Grove Road with 15-foot pavement tapers abutting the existing
roadway edge.
5. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval:
6. Any existing irrigation facilities shall be relocated outside of the right-of-way.
7. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
8. Replace any existing damage curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development.
9. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MERIDIAN FIRE
DEPARTMENT SUBSTATION (AZ-02-009)
10.
11.
12.
13.
14.
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify al! improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the applicant shall be repaired by the applicant at no
cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
15.
Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to change
the planned use of the subject property unless a waiver/variance of said requirements or
other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
Adopt the Recommendations of the Meridian Fire Department as follows:
A fire-flow consistent with Appendix III-A of the Uniform Fire Code shall be provided to
service the entire project. Fire hydrants shall be placed an average of 400' apart at
approved locations.
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MERIDIAN FIRE
DEPARTMENT SUBSTATION (AZ-02-009)
3. Acceptance of water supply for fire protection is contingent upon acceptance of the water
system by the City of Meridian.
4. Final approval for fire hydrant location shall be by the Meridian Fire Department.
5. All turning radii shall be 28' inside and 48' outside.
Adopt the notation of the Meridian Water Department as follows:
1. The Department has a 12" main on the east side of Locust Grove which shall be available
for the project.
Additionally, comply with the action of the City Council taken at their June 18, 2002
meeting as follows:
1. The annexation shall be limited and restricted to public uses only, otherwise the uses
proposed would have to go through the conditional use process.
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 (L-O) Limited Office 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 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.
NOTICE OF FINAL ACTION
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 is a person who has an interest in real property
which may be adversely affected by the issuance or denial of the annexation and zoning and who
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 - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MERIDIAN FIRE
DEPARTMENT SUBSTATION (AZ-02-009)
By action of the City Council at its regular meeting held on the
ROLL CALL
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc CANDLESS
COUNCILMAN WILLIAM L.M. NARY
day of
VOTED ~
VOTED ~'~
VOTED ~
VOTED__~a.-'
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 7
VOTED
MOTION:
APPROVE .L~~DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and
the City Attorney.
BY~~k~~ A%%ated:
Z:\Work\M\MeridiankMeridian 15360MkMefidian Fire Dept Locust Grove
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/MERIDIAN FIRE
DEPARTMENT SUBSTATION (AZ-02-009)