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HomeMy WebLinkAboutMeridian Storage AZ-1-016 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) APPLICATION OF TOUCHSTONE ) CONSTRUCTION, INC., THE APPLICATION ) FOR ANNEXATION AND ZONING OF ) 7.32 ACRES FOR MERIDIAN STORAGE, ) LOCATED SOUTH OF WEST OVERLAND ) ROAD AND WEST OF SOUTH MERIDIAN ) ROAD, MERIDIAN, IDAHO ) ) ) ) C/C 12-IS~0 I Case No. AZ-OI-016 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 December IS, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was James Gibson, and no one appeared 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHSTONE CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-OI-016) Page I I. 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 December IS, 200 I, 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 December IS, 2001, 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 evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ss 67-6509 and 67-6511, and Meridian City Code ss 11-15-5 and 11-16-1. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHSTONE CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-OI-016) Page 2 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 of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. S. The property is approximately 7.32 acres in size and is located south of West Overland Road and west of South Meridian Road. The property is designated as Meridian Storage. 6. The owner of record of the subject property is the Queenland Acres, Inc. of Meridian, Idaho. 7. Applicant is Touchstone Construction, Inc. of Meridian, Idaho. 8. The property is presently zoned by Ada County as R-U-T, and consists of undeveloped land. 9. The Applicant requests the property be zoned as C-G. 10. The subject property is bordered to the north by C-G zoning, to the south by R-4, to the east by C-G and R-4 and to the west by Ada County R-l. II. 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 defined in the Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHSTONE CONSTRUCTION, INC.! MERIDIAN STORAGE (AZ-OI-016) Page 3 13. The Applicant proposes to develop the subject property in the follovving manner: construct a storage facility. 14. The Applicant requests zoning of the subject real property as C~G which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Commercial. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 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 follmving conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 16.1 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall address, among other things, specific landscape/common area requirements, phasingtimeframes, any building height limitations, lighting and noise, hours of operation, and other items as required by the Commission or Council. If annexed, all future uses shall be required to be approved through the planned development process and as conditional uses. 16.2 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 shall be approved by the FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHSTONE CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-OI-016) Page 4 appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 16.3 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 16.4 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parldng areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Adopt the Recommendations of the Ada County Highway District as follows: 16.5 Applicant shall comply with the 11 Site Specific Requirements and 8 Standard Requirem.ents addressed in the District's October 17, 2001 Staff Level Approval. Adopt the Recommendations of the Meridian Police Department as follows: 16.6 The position of the facility does not lend itself to significant observation by patrolling officers, and therefore, the applicant shall address how the project shall have perimeter monitoring, i.e. cameras or their own internal patroL 16.7 Strong lighting of the rear of the site would help to decrease potential theft opportunity and provide a passive form of deterrence. However, this might be a problem for the residents in the existing subdivision to the southeast, and to those that will occupy the housing units currently FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FO R ANNEXATION AND ZONING/BY TOUCHSTONE CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-OI-016) Page 5 being developed in Bear Creek Subdivision. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 16.8 Applicant shall supply the District with the blueprint plans indicating the grades, backfill and encroachments in order to make a final decision. 16.9 Once the final plans have been reviewed by the District, then a License Agreement for the relocation of the Kennedy Lateral, as well as any encroachments within the Districts easements, shall be required. 17. 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. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHSTONE CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-OI-016) Page 6 19. It is found that the zoning of the subject real property as General Retail And Service Commercial District (C-G) requires connection to the Municipal Water and Sewer systems and will be compatible "vith 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 Commercial. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 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 ordinance of the City to all applications such as the subject application, 20.2 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 mthin the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent "vith Meridian's self identity. 20.4 The preservation and im.provement 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 ordinance of the City to the subject application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHSTONE CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-OI-016) Page 7 20.5 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. 20.6 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 ordinance of the City to the subject application. 21. 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 S 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.' FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHSTONE CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-01-016) Page 8 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 programs. 4.2 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 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. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHSTONE CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-OI-016) Page 9 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The zoning of General Retail And Service Commercial District (C-G) is defined in the Zoning Ordinance at S 11-7-2 K as follows: (C-G) General Retail And Service Commercial District: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely vvithin 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. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a commercial use 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 Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHSTONE CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-OI-016) Page 10 8. The development of the annexed land, if annexed, shall meet and comply \vith the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to developm.ent 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 Ordinances of the City of Meridian. 10. Section 11-16-4 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHSTONE CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-OI-016) Page 11 I The applicant's request for annexation and zoning of approximately 7.32 acres to General Retail and Service Commercial District (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 7.32 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 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 3.1 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. The Development Agreement shall address, among other things, specific landscape/common area requirements, phasingtimeframes, any building height limitations, lighting and noise, hours of operation, and other items as required by the Commission or Council. If annexed, all future uses shall be required to be approved through the planned development process and as conditional uses. 3.2 All irrigation ditches, laterals or canals, exclusive of natural watelways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12w4w 13. Plans shall be approved by the FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHSTONE CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-OI-016) Page 12 appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3.3 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1 ~4 and 9-4-S . Wells may be used for non-domestic purposes such as landscape irrigation. 3.4 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Adopt the Recommendations of the Ada County Highway District as follows: 3.5 Applicant shall comply with the 11 Site Specific Requirements and S Standard Requirements addressed in the District's October 17, 2001 Staff Level Approval. Adopt the Recommendations of the Meridian Police Department as follows: 3.6 The position of the facility does not lend itself to significant observation by patrolling officers, and therefore, the applicant shall address how the project shall have perimeter monitoring, i.e. cameras or their own internal patrol. 3.7 Strong lighting of the rear of the site would help to decrease potential theft opportunity and provide a passive form of deterrence. However, this might be a p(oblem for the residents in the existing subdivision to the southeast, and to those that will occupy the housing units currently FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHSTONE CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-OI-OI6) Page 13 being developed in Bear Creek Subdivision. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 3.8 Applicant shall supply the District with the blueprint plans indicating the grades, backfill and encroachments in order to make a final decision. 3.9 Once the final plans have been reviewed by the District, then a License Agreement for the relocation of the Kennedy Lateral, as well as any encroachments vvithin the Districts easements, shall be required. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (C-G) General Retail And Service Commercial District, and Meridian City Code S 11-7 ~2 K 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 S 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 s 67~6S21 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 vvithin twenty-eight (28) days after the date FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY TOUCHSTONE CONSTRUCTION, INC./ MERIDIAN STORAGE (AZ-OI-0I6) Page 14 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 2 ~ day of Ja-1VUCVz q.... (j ,'..zetJi 2.002. , ROLL CALL COUNCILMAN RON ANDERSON VOTED $tG COUNCILMAN KEITH BIRD VOTED#t..-- COUNCILMAN TAMMY deWEERD VOTED~L- COUNCILMAN CHERIE McCANDLESS VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: /--2 -02- VOTED .----' MOTION: APPROVED:_~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney., ~,'5ttHiJ!!t;HI> ~\';~'"\! . ,ri.c AI,t::~"J}/k -:..' .~. '~'1J ";1;7 ....... ,"'''-' . t 'U~ , -v- ~. ! -$" ooRPO~'^~~;J" ::: .. it<- ~~; ~~ Dated: .'--- 2.- () 2- J;'. "'6 '~ - ~ City Clerk ; ,SEAL .~~ ~ ':P: " ," \\NPA NTS40 PDOSERVER Z\Work\M\Meridian\Meridian I 5360M\Meridian Storage AZ-OI\1(j1...c\<t;b.}h032\t\ZH~r J;d~r.d{)~ - - - ". ci~..> r 1B1 ' j -") :: "'<,: -~~.;,-t.. ""'N-;.~~/, '~~'.-:~> ,.....}"". FINDINGS OF FACT AND CONCLUSIONS OF LAW - '~'~',\~~~:i'>'i( ,p'~g~l'15 AND DECISION AND ORDER GRANTING APPLICATION '0' ,Y FOR ANNEXATION AND ZONING/BY TOUCHSTONE CONSTRUCTION, INC. / MERIDIAN STORAGE (AZ-OI-016)