HomeMy WebLinkAboutElliot Industrial Park Sub AZ-00-013BEFORE THE MERIDIAN CITY COUNCIL
C/C 09-19-00
IN THE MATTER OF THE )
APPLICATION OF CHUCK )
ELLIOT/THE ELLIOT GROUP, )
THE APPLICATION FOR )
ANNEXATION AND ZONING )
OF 5.4 ACRES FOR TWO NEW )
INDUSTRIAL LOTS )
DESIGNATED AS LOT 7 OF )
PLEASANT VALLEY )
SUBDIVISION, LOCATED ON )
THE SOUTH SIDE OF WILSON )
LANE, SOUTH OF FAIRVIEW )
AVENUE AND EAST OF )
LOCUST GROVE ROAD, )
MERIDIAN, IDAHO )
)
Case No. AZ-00-013
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 August 15, 2000, and continued to September 5, 2000, and
continued again until September 19, 2000, at the hour of 7:30 p.m., and Shari Stiles,
Planning and Zoning Administrator, appeared and testified, and appearing on behalf
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
of the Applicant was Shawn Nickel of Hubble Engineering, Inc., and no one appear'ed
in opposition, 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. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for August 15, 2000, and continued to September 5, 2000, and continued
again until September 19, 2000, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers of
record within three hundred feet (300') of the external boundaries of the property
under consideration more than fifteen (15) days prior to said hearing and with the
notice of public hearing having been posted upon the property under consideration
more than one week before said hearing; and that copies of all notices were made
available to newspaper, radio and television stations as public service announcements;
and the matter having been duly considered by the City Council at the August 15,
2000, and continued to September 5, 2000, and continued again until September 19,
2000, public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
evidence.
2. 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
3. The City Council takes judicial notice of its zoning, subdivisions 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, Ordinance No. 629, January 4,1994, and maps and the
ordinance Establishing the Impact Area Boundary.
4. The property which is the subject to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full.
5. The property is approximately 5.4 acres in size and is located on the
south side of Wilson Lane, south of Fairview Avenue and east of Locust Grove Road.
The property is designated as Lot 7 of Pleasant Valley Subdivision.
6. The owner of record of the subject property is Tressie Snodgrass, of
Meridian, Idaho.
7. Applicant is Elliott Group, LLC, of Meridian, Idaho.
8. The property is presently zoned by Ada County as R-8, and consists of
pasture ground.
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
and 11-16-1.
o
10.
City limits.
11.
The Applicant requests the property be zoned as I-L Light Industrial.
The subject property is part of a large Ada County enclave bounded by
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
13. The Applicant proposes to develop the subject property in the following
manner: two new industrial lots.
14. The Applicant requests zoning of the subject real property as Light
Industrial I-L which is consistent with the Meridian Comprehensive Plan Generalized
Land Use Map which designates the subject property as Mixed Planned Use
Development.
15. The Jackson Drain is a significant feature of major importance and it
should be protected.
16. Giving due consideration to the comment 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
imposed:
Adopt the Recommendation of Planning and Zoning Staff as follows:
16.1
In accordance with Comprehensive Plan policy 4.1, page 56, of the
Transportation Chapter, a condition of Annexation and the
Development Agreement shall be to construct a multiple use pathway
along the Jackson drain on the southern boundary of the subject
property. That the pathway along Jackson Drain be addressed in the
Conditional Use Permit process for Lot 2.
16.2
In accordance with Comprehensive Plan policy 5.16U, pg. 28 of the
Land Use chapter, a condition of annexation and the Development
Agreement shall be to submit a Conditional Use Permit application for
any future use and development of Lot 2 as designated in the proposed
Preliminary Plat (even those uses permitted under the I-L zone). That
Lot 2 shall be part of a separate Conditional Use Permit.
16.3 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
16.4
.16.5
Any existing irrigation/drainage ditches except the Jackson Drain
crossing the property to be included in this project shall be tiled per
City Ordinance. Plans shall be approved by the appropriate
irrigation/drainage district, with written confirn~ation of said approval
submitted to the Public Works Department. No variances have been
requested for tiling of any ditches crossing this Project.
Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City
Ordinance. Wells may be used for non-domestic purposes such as
landscape irrigation. J
16.6 Off-street parking shall be provided in accordance with City of Meridian
Zoning and Development Ordinance (Ord. 11-13).
16.7
Paving and striping shall be in accordance with the standards set forth
in the City of Meridian Zoning and Development Ordinance (Ord. 11-
13-4) and in accordance with Americans with Disabilities Act (ADA)
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
16.8
requirements.
A drainage plan deSigned by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer for all
off-street parking areas. All site drainage shall be contained and disposed
of on-site.
16.9
16.10
16.11
16.12
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Section 11-13-4.C. and 12-5-2.M.
All signage shall be in accordance with the standards set forth in the City
of Meridian Zoning and Development Ordinance (Ord. 11-14). No
temporary signage, flags, banners or flashing signs shall be penuitted.
Provide five-foot-wide sidewalks in accordance with City Ordinance
(Ord. 12-5-2.K).
All construction shall conform to the requirements of the Americans
with Disabilities Act.
Adopt the Recommendations of the Ada CoUnty Highway District as follows:
16.13
Dedicate 29-feet of right-of-way (an additional 9-feet) from the
centerline of Wilson Lane abutting the parcel by means of recordation
of a final subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits) whichever
occurs first.
16.14
16.15
16.16
Construct curb, gutter, and 5-foot sidewalk and match paving on
Wilson Street abutting the site. Improvements shall be constructed to
one-half plus 12-feet of a 40-foot street section.
Construct an ACHD approved temporary turnaround at the end of
Wilson Lane. Submit a design of the turnaround for review and
approval by District staff.
Provide a recorded cross access easement for the parcels to the south to
use this parcel for access to the public streets prior to issuance of a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
building penuit (or other required permits).
16.17 Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
16.18 Construct a curb cut driveway at the west property line as proposed.
16.19
Graveled driveways abutting public streets create maintenance problems
due to gravel being tracked onto the roadway. The District requires
driveways be paved to their full-required width of 24 to 30-feet at least
30-feet beyond the edge of pavement of Wilson Lane.
16.20
Other than the access point(s) specifically approved with this
application, direct lot or parcel access to Wilson Lane is prohibited. Lot
access restrictions, as required with this application, shall be stated on
the final plat.
Additional action of the City Council from their September 19, 2000 meeting
are as follows:
16.21
16.22
16.23
The Jackson Drain is significant and shall be protected.
If the City's pathway plan shows a pathway on the north side, then the
developer shall construct a pathway along the easement.
The following, which would be offensive in the I-L zone, shall be
prohibited as follows:
Dry cleaning establishment.
Truck stop.
Asphalt and concrete business.
Junk yard.
Fuel yard.
Lumber yard.
Mobile Home manufacturer
Recycling plant.
Solid Waste transfer.
17. It is found that if the developer pays for the requested improvements
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
and complies with the conditions set forth in these Findings of Fact No. 16, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
18. It is also found that the development considerations as referenced in
Finding No. 16 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.
18. It is found that the zoning of the subject real property as Light
Industrial District (I-L) 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 Mixed/Planned
Use Development.
19. The subject annexation request and zoning designation and proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
development relates and is compatible to the goals and policies of the Comprehensfve
Plan of the City as follows:
19.1
The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
19.2
This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
19.3
19.4
19.5
19.6
20.
The application is consistent with Meridian's self identity.
The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
The property can be physically serviced with City water and sewer, if
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-0 ! 3)
applicant extends the lines.
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 '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:
4.A The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
4.2
programs.
To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
4.3
4.4
4.5
4.6
4.7
To encourage the kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
To provide housing opportunities for all economic groups
within the community.
To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
To encourage cultural educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
To provide community services to fit existing and projected
needs.
4.8
4.9
4.10
To establish compatible and efficient use of land through
the use of innovative and functional site design.
To encourage a balance of land use patterns to insure that
revenues pay for services.
To create an urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
4.B Comprehensive Plan Policies:
The goals and policies listed below most directly apply to the proposed project:
Goals:
Goal 3:
To encourage the kind of economic growth and development which
supplies employment and economic self-sufficiency for existing and
future residents, reduces the present reliance on Boise and strengthens
the City's ability to finance and implement public improvements,
services, and its open space character.
Goal 8:
To establish compatible and efficient use of land through the use of
innovative and functional site design.
Economic Development Chapter
1.1
The City of Meridian shall make every effort to create a positive atmosphere
that encourages.., commercial enterprises to locate in Meridian.
1.3
The character, site improvements and type of new commercial or industrial
developments should be harmonized with the natural environment and respect
the unique needs and features of each area.
Land Use Chapter
1.8U - Promote the development of high-quality and environmentally compatible
residential areas that contain the necessary parks, schools and commercial facilities to
maintain and form identifiable neighborhoods.
2.1U - Support a variety of residential categories for the purpose of providing the City
with a range of affordable housing opportunities.
2.3U - Protect and maintain residential neighborhood property values, improve each
neighborhood's physical condition and enhance its quality of life for residents.
3.4 - Industrial uses adjacent to residential areas should not create noise, odor, air
pollution, and visual pollution greater than levels normally associated with
surrounding residential activities.
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
3.5
Industrial development should be encouraged to located adjacent to existing
industrial uses.
3.7
Industrial uses which require the storage or the production of explosive or
hazardous materials should not be located near residential areas, and should
confon~ to disposal, spill and storage measures as outlined by the U.S. EPA.
5.16U - All development requests (in this M/PUD area) will be subject to
development review and conditional use permit processing to ensure
neighborhood compatibility.
5.17U - A variety of coordinated, planned and compatible land uses are desirable for
this area, including...light industrial land uses.
5.18U - Existing residential properties will be protected from incompatible land-use
development in this area. Screening and buffers will be incorporated into all
development requests for this area.
Natural Resource & Hazardous Areas
2.1U - Development along the major drainage ways will be restricted to ensure that
development does not cause additional ground or surface water contamination.
3. ! U - Manage and prevent unsuitable uses along drainageways and protect the flood
plain of creeks and drains.
3.2U - Protect the potential beauty and recreational trail opportunities of all
Meridian waterways.
Open Spaces, Parks and Recreation
2.5U - New subdivision development.., will be considered as opportunities to...
encourage the development of recreational °pen spaces and parks as part of new
planned developments.
3.1 - To establish a network of open space corridors that are either improved
(landscaped), semi-improved (landscaped pathway only), or unimproved (left normal),
which have the potential to: a) Play a major role in conserving area scenic and natural
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
values, especially waterways, drainageways, and natural habitat; b) Link resideniial
neighborhoods, park areas and recreation facilities.
3.4U - Through subdivision review, annexation, and zoning, emphasize the
establishment of connecting trails and open space networks.
5. The zoning of Light Industrial District (I-L) is defined in the
Zoning Ordinance at § 11-7-2 N as follows:
(I-L) Light Industrial District: The purpose of the I-L Light Industrial
District is to provide for light industrial development and opportunities for
employment of Meridian citizens and area residents and reduce the need to
commute to neighboring cities; to encourage the development of manufacturing
and wholesale establishments which are clean, quiet and free of hazardous or
objectionable elements, such as noise, odor, dust, smoke or glare and that are
operated entirely or almost entirely within enclosed structures; to delineate
areas best suited for industrial development because of location, topography,
existing facilities and relationship to other land uses. This District must also be
in such proximity to ensue connection to the Municipal water and sewer
systems of the City. Uses incompatible with light industry are not permitted,
and strip development is prohibited.
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a planned
commercial development on this parcel of land.
7. Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burr vs. The
City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983).
8. 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-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
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.
9. The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
10. Section 1 i-16-4 A of the Zoning and Development Ordinance provides
in part as follows:
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel. Unless the commitment is modified or terminated by the City Council,
the commitment shall be binding on the owner of the parcel, each subsequent
owner, and each other person acquiring an interest in the property. A
commitment is binding on the owner of the property even if it is unrecorded;
however, an unrecorded commitment is binding on subsequent owners and
each other person acquiring an interest in the property only if the subsequent
owner and each other person acquiring an interest in the property has actual
notice of the commitment.
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 5.4
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT' GROUP - (AZ-00-013)
acres to Light Industrial District (I-L) is granted subject to the terms and conditi6ns
of this Order hereinafter stated.
2. The application is for annexation and zoning of 5.4 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.
i58. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3. Developer enter into a Development Agreement that provides in the
event the conditions therein 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:
3.1
In accordance with Comprehensive Plan policy 4.1, page 56, of the
Transportation Chapter, a condition of Annexation and the
Development Agreement shall be to construct a multiple use pathway
along the Jackson drain on the southern boundary of the subject
property. That the pathway along Jackson Drain be addressed in the
Conditional Use Permit process for Lot 2.
3.2
In accordance with Comprehensive Plan policy 5.16U, pg. 28 of the
Land Use chapter, a condition of annexation and the Development
Agreement shall be to submit a Conditional Use Permit application for
any future use and development of Lot 2 as designated in the proposed
Preliminary Plat (even those uses permitted under the I-L zone). That
Lot 2 shall be part of a separate Conditional Use Permit.
3.3
Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
3.4
3.5
3.6
3.7
3.8
Any existing irrigation/drainage ditcheS except the Jackson Dr&in
crossing the property to be included in this project shall be tiled per City
Ordinance. Plans shall be approved by the appropriate
irrigation/drainage district, with written confirmation of said approval
submitted to the Public Works Department. No variances have been
requested for tiling of any ditches crossing this project.
Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance.
Wells may be used for non-domestic purposes such as landscape
irrigation.
Off-street parking shall be provided in accordance with City of Meridian
Zoning and Development Ordinance (Ord. 11-13).
Paving and striping shall be in accordance with the standards set forth
in the City of Meridian Zoning and Development Ordinance (Ord. 11-
13-4) and in accordance with Americans with Disabilities Act (ADA)
requirements.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer for all
off-street parking areas. All site drainage shall be contained and disposed
of on-site.
3.9
3.10
3.11
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Section 11-13-4.C. and 12-5-2.M.
All signage shall be in accordance with the standards set forth in the City
of Meridian Zoning and Development Ordinance (Ord. 11-14). No
temporary signage, flags, banners or flashing signs shall be permitted.
Provide five-foot-wide sidewalks in accordance with City Ordinance
(Ord. 12-5-2.K).
3.12 All construction shall conform to the requirements of the Americans
with Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
Adopt the Recommendations of the Ada County Highway District as follows:
3.13
Dedicate 29-feet of right-of-way (an additional 9-feet) frorn the
centerline of Wilson Lane abutting the parcel by means of recordation
of a final subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits) whichever
occurs first.
3.14
Construct curb, gutter, and 5-foot sidewalk and match paving on
Wilson Street abutting the site. Improvements shall be constructed to
one-half plus 12-feet of a 40-foot street section.
3.15
Construct an ACHD approved temporary turnaround at the end of
Wilson Lane. Submit a design of the turnaround for review and
approval by District staff.
3.16
Provide a recorded cross access easement for the parcels to the south to
use this parcel for access to the public streets prior to issuance of a
building permit (or Other required permits).
3.17 Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
3.18 Construct a curb cut driveway at the west property line as proposed.
3.19
Graveled driveways abutting public streets create maintenance problems
due to gravel being tracked onto the roadway. The District requires
driveways be paved to their full-required width of 24 to 30-feet at least
30-feet beyond the edge of pavement of Wilson Lane.
3.20
Other than the access point(s) specifically approved with this
application, direct lot or parcel access to Wilson Lane is prohibited. Lot
access restrictions, as required with this application, shall be stated on
the final plat.
Additional action of the City Council from their September 19, 2000 meeting
are as. follows:
3.21 The Jackson Drain is significant and shall be protected.
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-013)
3.22
3.23
If the City's pathway plan shows a pathway on the north side, then the
developer shall construct a pathway along the easement.
The following, which would be offensive in the I-L zone, shall be
prohibited as follows:
ao
Dry cleaning establishment.
Truck stop.
Asphalt and concrete business.
Junk yard.
Fuel yard.
Lumber yard.
Mobile Home manufacturer
Recycling plant.
Solid Waste transfer.
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 (I-L) Light Industrial District, and
Meridian City Code § 11-7-2 N.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-O0-013)
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.
By action of the City Council at its regular meeting held on the
day of gS)~~ ,2000.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED__~
COUNCILMAN KEITH BIRD
VOTED_~~
COUNCILMAN TAMMY deWEERD
VOTED_~
COUNCILMAN CHERIE McCANDLESS
VOTED__~~
MAYOR ROBERT_D. CQRRIE (TIE BREAKER)
DATED:
VOTED
MOTION:
APPROVED:~~'-
DISAPPROVED:
Copy served uPon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-00-0 ! 3)
City Clerk
Dated:
msg/Z:\Work~l'dVlefidian 15360M\Elliot lndust Park Sub AZ013PP015CUP033LAZFfClsOrder.wpd
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY CHUCK ELLIOT/
THE ELLIOT GROUP - (AZ-O0-013)