HomeMy WebLinkAboutYanke, Ronald AZ 02-017BEFORE THE MERIDIAN CITY COUNCIL
C/C 10-O1-02
IN THE MATTER OF THE
APPLICATION OF RONALD
YANKS AND WALTER T.
SIGMONT, JR., THE
APPLICATION FOR ANNEXATION
AND ZONING OF 5.41 ACRES FOR
RONALD YANKS PROPERTY,
LOCATED AT THE NORTHWEST
CORNER OF E. FRANKLIN ROAD,
WEST OF N. EAGLE ROAD ON E.
LANARK ST., MERIDIAN, IDAHO
Case No. AZ-02-017
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 October 1, 2002, at the hour of 7:00 p.m., and Brad Hawkins-Clark of the Planning and
Zoning Department, 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
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,
Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/RONALD YANKS PROPERTY (AZ-02-017)
Boundary.
3. The property which is the subject of the application for annexation and
zoning is described in the application, and is approximately 5.41 acres in size, is located at the
northwest corner of E. Franklin Road, west of N. Eagle Road on E. Lanark St., Meridian, Idaho,
all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning
Area.
4. The owners of record of the subject property are Ronald Yanke and Walter T.
Sigmont, Jr.; and the applicants are owners of record of the subject property.
5. The property is presently zoned M-1. Seven of the eight lots have existing
buildings on them; one is vacant.
6. The Applicant requests the property be zoned as I-L, most of the property is
already developed and the Applicant seeks zoning consistent with its present use, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Light Industrial.
The subject property is bordered to the north by Union Pacific Railroad tracks and
Elixir Industries, to the south by commercial/industrial buildings, to the east by the R.C. Willey
furniture store and vacant commercial lots, and to the west by a vacant 14.4 area parcel.
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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/RONALD YANKS PROPERTY (AZ-02-017)
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. All lots within the subject annexation shall be served by existing City of Meridian
sanitary sewer and water mains within Lanark Street.
2. All parking and associated drive aisles shall be paved per Ordinance 11-13-4.D.
Dimensions of all parking facilities shall meet the requirements of ordinance 11-13-4.E
and F.
3. All future development of vacant lots and re-development of existing built lots shall
conform with the City of Meridian Zoning and Subdivision Ordinances.
4. All signage for the proposed project shall be in accordance with the standards set forth in
Section 11-14 of the city of Meridian Zoning and Development Ordinance.
5. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for
use of property.
6. All construction shall conform to the requirements of the Americans with Disabilities
Act.
B. Adopt the Recommendations of the ACHD as follows:
If the rezone is approved and the District receives a development proposal, the District
intends to provide the following requirements, in addition to any additional requirements
that may apply upon District review of future development, to the City of Meridian:
1. Dedicate 27 feet ofright-of--way from the centerline of Lanark Street 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. Allow
up to 30 business days to process the right-of--way dedication after receipt of all requested
material. The owner will not be compensated for this additional right-of--way because
Lanark Street is a local/local commercial street and is to be brought to adopted standards
by the developers of abutting properties.
2. Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit
to the District a letter from ITD regarding said requirements prior to District approval of
the final plat or issuance of a building permit (or other required permits), whichever
occurs first. Contact District III Traffic Engineer Michael Garz at 334-8340.
3. Construct curb, gutter, 5 foot wide concrete sidewalk, and match paving on Lanark Street
abutting the parcel. Improvements shall be constructed to one-half of a 40-foot street
section on each side of the roadway.
4. Pave all driveways to theirfull-required width and to a point 30 feet beyond the edge of
pavement of Lanark Street with 15 foot curb radii/pavement tapers abutting the existing
roadway edge.
5. As required by District policy, restrictions on the width, number and locations of
driveways shall be placed on future development of this parcel.
6, Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/RONALD YANKE PROPERTY (AZ-02-017)
Standard Conditions of Ap rn oval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. 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 ACRD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
5. 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.
6. 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.
7. Payment of applicable road impact fees is required prior to building construction in
accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
8. 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.
9. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the Applicant of 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.
10. 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 awaiver/ 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.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
Provide afire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please
show all proximity hydrants within 500' of the project on the resubmitted plat.
All entrances and internal roads shall have corners with a minimum of a 28' inside radius
and 48' outside radius.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/RONALD YANKE PROPERTY (AZ-02-017)
3. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code.
4. Acceptance of water supply for fire protection is contingent upon acceptance of the water
system by the City of Meridian for water quality.
5. Final approval of fire hydrant locations shall be by the Fire Department.
6. The roadways shall be built to Ada County Highway Standards and shall have a clear
driving surface, which is 20' wide. Any building more than 30' in height shall have a 26'
wide access road to provide for aerial truck operations.
7. All building uses and occupancies will have to meet the separation requirements of the
Uniform Building Code.
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.
12. It is found that the application is in conformance with the 1993 Comprehensive
Plan, which designates the property as "Light Industrial", and with the August 2002
Comprehensive Plan, which designates the property as "Industrial".
13. It is not anticipated that the land to be annexed will be rezoned in the future to
anything other than the requested zone.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/RONALD YANKE PROPERTY (AZ-02-017)
14. It is found that, with the exception of one of the eight lots, the subject property is
built-out and developed in a manner consistent with the industrial zoning. It is also anticipated
that the undeveloped lot may be developed in the future in accordance with the I-L zone.
15. It is found that the subject property is a County enclave, surrounded on four sides
by I-L zoning. The I-L zoning approved for the surrounding properties may dictate that the
property should be zoned to match, especially since it is part of the same subdivision.
16. It is found that the proposed I-L zoning will not change the intended character of
the area. Rather, it will have the effect of changing the property from an enclave to the intended
character of the property.
17. Since only one of the eight lots to be annexed is undeveloped and the existing
uses are operated in a manner that is not hazardous or disturbing, the rezone use should not be
disturbing or hazardous to the existing or future neighboring uses.
18. It is found that the property to be annexed can be served adequately at this time
by all essential public facilities and services.
19. 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.
20. There are no proposed uses in this application. It is found that the existing
buildings and uses do not create excessive traffic, noise or other nuisances that would be
detrimental to the general welfare of the surrounding indusiriaUcommercial area.
21. It is found that both Lanark Street and Eagle Road are dedicated public roadways
that adequately serve the subject lots.
22. It is found that no natural scenic feature of major importance will be lost or
damaged by approving the annexation and rezone.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/RONALD YANKE PROPERTY (AZ-02-017)
23. It is found that the annexation of this enclave property would be in the best
interest of the City.
24. 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.
CONCLUSIONS OF LAW
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.
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 Light Industrial District 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/RONALD YANKE PROPERTY (AZ-02-017)
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
ensure connection to the Municipal water and sewer systems ofthe City. Uses incompatible
with light industry are not permitted, and strip development is prohibited.
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).
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance 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:
The applicant's request for annexation and zoning of approximately 5.41 acres to
Light Industrial District (I-L) is granted subject to the terms and conditions of this Order hereinafter
stated.
2. The application is for annexation and zoning of 5.41 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/RONALD YANKE PROPERTY (AZ-02-017)
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.
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:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. All lots within the subject annexation shall be served by existing City of Meridian
sanitary sewer and water mains within Lanark Street.
2. All parking and associated drive aisles shall be paved per Ordinance 11-13-4.D.
Dimensions of all parking facilities shall meet the requirements of ordinance 11-13-4.E
and F.
3. All future development of vacant lots and re-development of existing built lots shall
conform with the City of Meridian Zoning and Subdivision Ordinances.
4. All signage for the proposed project shall be in accordance with the standards set forth in
Section 11-14 of the city of Meridian Zoning and Development Ordinance.
5. Provide off-street parking in accordance with the City of Meridian Ordinance I 1-13 for
use of property.
6. All construction shall conform to the requirements of the Americans with Disabilities
Act.
B. Adopt the Recommendations of the ACRD as follows:
If the rezone is approved and the District receives a development proposal, the District
intends to provide the following requirements, in addition to any additional requirements
that may apply upon District review of future development, to the City of Meridian:
1. Dedicate 27 feet ofright-of--way from the centerline of Lanark Street 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. Allow
up to 30 business days to process the right-of--way dedication after receipt of all requested
material. The owner will not be compensated for this additional right-of--way because
Lanark Street is a local/local commercial street and is to be brought to adopted standards
by the developers of abutting properties.
2. Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/RONALD YANKE PROPERTY (AZ-02-017)
to the District a letter from ITD regarding said requirements prior to District approval of
the final plat. or issuance of a building permit (or other required permits), whichever
occurs first. Contact District III Traffic Engineer Michael Garz at 334-8340.
3. Construct curb, gutter, 5 foot wide concrete sidewalk, and match paving on Lanark Street
abutting the parcel. Improvements shall be constructed to one-half of a 40-foot street
section on each side of the roadway.
4. Pave all driveways to their full-required width and to a point 30 feet beyond the edge of
pavement of Lanark Street with 15 foot curb radii/pavement tapers abutting the existing
roadway edge.
5. As required by District policy, restrictions on the width, number and locations of
driveways shall be placed on future development of this parcel.
6. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter, and sidewalk and any that maybe damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. 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.
5. 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.
6. 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.
7. Payment of applicable road impact fees is required prior to building construction in
accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
8. 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.
9. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the Applicant of 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/RONALD YANKE PROPERTY (AZ-02-017)
10. 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 awaiver/ 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.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Provide afire-flow as required by the 1997 Uniform Fire Code Appendix III-A. Please
show all proximity hydrants within 500' of the project on the resubmitted plat.
2. All entrances and internal roads shall have corners with a minimum of a 28' inside radius
and 48' outside radius.
3. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code.
4. Acceptance of water supply for fire protection is contingent upon acceptance of the water
system by the City of Meridian for water quality.
5. Final approval of fire hydrant locations shall be by the Fire Department.
6. The roadways shall be built to Ada County Highway Standards and shall have a clear
driving surface, which is 20' wide. Any building more than 30' in height shall have a 26'
wide access road to provide for aerial truck operations.
7. All building uses and occupancies will have to meet the separation requirements of the
Uniform Building Code.
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.
Subsequent to the passage of the Ordinance provided for in section 4 ofthis 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/RONALD YANKS PROPERTY (AZ-02-017)
which may be adversely affected by the issuance or denial of the anriexation 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 ! 5~ day of
~~ ~ , 2002.
ROLL CALL
COUNCILMAN KEITH BIRD VOTED- `~
COUNCILWOMAN TAMMY deWEERD VOTED_~``
COUNCILWOMAN CHERIE Mc LANDLESS VOTED~~
COUNCILMAN WILLIAM L.M. NARY VOTED~~'"
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: f O -~S ~ ~ z
MOTION:
APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Wo;~~s Department and
the City Attorney. ``\~~~~ ,pF M 1~~~~9 ,~ ,
B~ ~ ~L
By: .GG~LS-- Dated: ~0 l ~""~Z = G `~o~~ATFO
City Clerk _ ~'~~~
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FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/RONALD YANKE PROPERTY (AZ-02-017)