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HomeMy WebLinkAboutBair Property AZ 02-018 BEFORE THE MERIDIAN CITY COUNCIL CIC 10-01-02 IN THE MATTER OF THE APPLICATION OF DONN REISWIG, THE APPLICATION FOR ANNEXATION AND ZONING OF 5.0 ACRES FOR PROPOSED BAIR PROPERTY, LOCATED ON THE SOUTH SIDE OF FRANKLIN ROAD, y, MILE EAST OF EAGLE ROAD, MERIDIAN, IDAHO Case No. AZ-OZ-O18 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 of7:00 p.m., and Brad Hawkins-Clark of the Planning and Zoning Department, and Donn Reiswig, 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, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 ANI¡ DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TOUCHMARK LIVING (AZ-02-018) 3. The property which is the subject ofthe application for annexation and zoning is described in the application, and is approximately 5.0 acres in size, is located on the south side of Franklin Road, Yo mile east of Eagle Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record ofthe subject property is Joseph A. BilligiTouchmark Living Centers, 5150 SW Griffith Drive, Beaverton, Oregon 97005; and the applicant is Donn Reiswig, 3805 E. Franklin Road, Meridian, Idaho. 5. The property is presently zoned by Ada County as RUT, and consists of a vacant single-family residence with several outbuildings. 6. The Applicant requests the property be zoned as L-O, with the intent to convert the existing single-family structure for use as a temporary office space and future expansion of the Touchmark Living Centers, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use-Community. 7. The subject property is bordered to the north by vacant/pasture land, and to the south, east and west by Touchmark Living Centers. 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: A. 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/TOUCHMARK LIVING (AZ-02-0 18) 1. Staff finds that the property to be annexed cannot be served adequately at this time by our municipal sewer and water systems. As part of the master plan for the Touchmark project, services will be extended directly adjacent to the subject site. Staff agrees that the proposed temporary office use could use the existing domestic well and septic system, however these facilities would have to be abandoned, and City services extended by the Applicant, when and if there is a change in use, or expansion beyond that being proposed. The current Development Agreement for Touchmark Living Centers must be amended to include the subject property, and that said amended Development Agreement shall include the new legal description for the additional 5.00 acres, and that this amendment shall be completed prior to the annexation and ordinance being passed and approved. Temporary office use of the existing vacant residence shall expire 24 months from the date of occupancy. The driveway shall meet ACHD requirements including the requirement that the Applicant pave the driveway to its full width up to thirty feet (30') from the public road. Behind this thirty foot (30') requirement, the Applicant has agreed to use reclaimed asphalt on the remainder of the driveway. The Applicant has agreed that the parking lot shall be paved with a mixture of concrete and asphalt rather than reclaimed asphalt. The three southernmost parking stalls as submitted in the Applicant's plans shall be extended four feet (4') to conform with Meridian City Code for parking stall length. The landscape buffer along Franklin Road shall be constructed with the balance of the landscape buffer associated with Touchmark Living Centers. A revised Conditional Use Permit, as a Planned Development, will be required to incorporate the subject property into the Touchmark Living Centers project for any use other than the temporary office. 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. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use of property. All construction shall conform to the requirements of the Americans with Disabilities Act. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. B. Adopt the Recommendations of the ACHD as follows: Site-Specific Conditions of Approval 1. If the rezone is approved and the District receives a development proposal, the District intends to provide site-specific requirements that may apply upon district review of future developments. The Findings for Considerations cover a portion of the district policies that will pertain to any development proposal for this site. If the rezone is approved and the District receives a development proposal in lieu of constructing the improvements, the Applicant may be required to provide a deposit to the Public Rights-of-Way Trust Fund for the cost of improvements on Franklin Road abutting 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGITOUCHMARK LIVING (AZ-O2-0 18) 3. the parcel prior to issuance of a building permit. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. 2. Any existing irrigation facilities shall be relocated outside of the right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gntter, 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. Utility street cuts in pavement less than five year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. AIl design and construction shall be in accordance with the Ada Connty 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 ofIdaho shall prepare and certify all 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 is 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 ofthe 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 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. 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 nnless a waiverl 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. 3. 4. 5. 6. 7. 8. 9. 10. 11. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGITOUCHMARK LIVING (AZ-O2-018) C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. 2. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. All entrances and internal roads shall have corners with a minimum of a 28' inside radius and 48' outside radius. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. Final approval of fire hydrant locations shall be by the Fire Department. 3. 4. 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 ofthe 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 ofthe 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 was submitted in July, prior to adoption of the new Comprehensive Plan. The 1993 Comprehensive Plan Map shows the subject parcel as "Single- Family Residential". A Comprehensive Plan Amendment was approved for the Touchmark project, changing the land use from "Single-Family Residential" to "Mixed-Planned Use Development". However, the subject property was not part of that amendment. Nevertheless, it FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TOUCHMARK LIVING (AZ-O2-018) is believed that if the subject parcel had been submitted as part of the amendment, it likely would have been approved, especially given that the parcel is surrounded on three sides by the approved Touchmark project. The current Comprehensive Plan, adopted August 6, 2002, shows the subject parcel as "Mixed-Use-Community". The proposed L-O zone is in compliance with the current designation. The balance ofthe Touchmark project is also zoned L-O. 13. It is not anticipated that the land to be annexed will be rezoned in the future to anything other than the requested L-O zone. 14. It is found that the property will be developed in a manner consistent with the proposed zoning. The property will become part of the Touchmark Living Centers development, which is also zoned L-O. 15. It is found that the subject property is a County enclave, surrounded on three sides by L-O zoning. The L-O zoning approved for the surrounding properties may dictate that the property should be zoned to match, especially since it is planned to become part of the same project. 16. It is found that the proposed L-O zoning and the future expansion of Touchmark Living Centers on the property 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. It is not anticipated that the proposed use will be hazardous or disturbing to any future or existing neighbors. 18. It is found that the property to be annexed can not be served adequately at this time by all essential public facilities and services. As part of the master plan for the Touchmark FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TOUCHMARK LIVING (AZ-O2-018) project, services will be extended directly adjacent to the subject site. It is agreed that the proposed temporary office use could use the existing domestic well and septic system, however, these facilities would have to be abandoned, and City services extended by the applicant, when and if there is a change in use, or expansion beyond that being proposed. 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. It is found that the proposed temporary office use and the eventual expansion of the Touchmark project onto the property will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare ofthe surrounding area. 21. It is found that the annexation and temporary office use of the property could create interference with the existing traffic on Franklin Road, however, it is found that the additional traffic will not be excessive. Once the property is developed as an integral part of the Touchmark project, it should have access to the internal collector system and will not interfere with traffic on Franklin Road. 22. It is found that that no natural or scenic features of major importance will be lost or damaged by approving the annexation and rezone. There are several mature trees on site that will either have to be preserved or mitigated for, if removed. 23. It is additionally found that the annexation of this enclave property would be in the best interest ofthe City. 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 adj acent to city boundaries and that said FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGITOUCHMARK LIVING (AZ-O2-0 18) 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 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: 4.A 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-D) 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 the 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 ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TOUCHMARK LIVING (AZ-O2-018) 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 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 5.00 acres to Limited Office District (L-O) is granted subject to the terms and conditions ofthis Order hereinafter stated. 2. The application is for annexation and zoning of 5.00 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGITOUCHMARK LIVING (AZ-O2-018) to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Staff finds that the property to be annexed cannot be served adequately at this time by our municipal sewer and water systems. As part ofthe master plan for the Touchmark project, services will be extended directly adjacent to the subject site. Staff agrees that the proposed temporary office use could use the existing domestic well and septic system, however these facilities would have to be abandoned, and City services extended by the Applicant, when and ifthere is a change in use, or expansion beyond that being proposed. The current Development Agreement for Touchmark Living Centers must be amended to include the subject property, and that said amended Development Agreement shall include the new legal description for the additional 5.00 acres, and that this amendment shall be completed prior to the annexation and ordinance being passed and approved. Temporary office use of the existing vacant residence shall expire 24 months from the date of occupancy. The driveway shall meet ACHD requirements including the requirement that the Applicant pave the driveway to its full width up to thirty feet (30') from the public road. Behind this thirty foot (30') requirement, the Applicant has agreed to use reclaimed asphalt on the remainder of the driveway. The Applicant has agreed that the parking lot shall be paved with a mixture of concrete and asphalt rather than reclaimed asphalt. The three southernmost parking stalls as submitted in the Applicant's plans shall be extended four feet (4') to conform with Meridian City Code for parking stall length. The landscape buffer along Franklin Road shall be constructed with the balance of the landscape buffer associated with Touchmark Living Centers. A revised Conditional Use Permit, as a Planned Development, will be required to incorporate the subject property into the Touchmark Living Centers project for any use other than the temporary office. 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. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use of property. AIl construction shall conform to the requirements of the Americans with Disabilities Act. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. B. Adopt the Recommendations of the ACHD as follows: Site-Specific Conditions of Approval 1. Ifthe rezone is approved and the District receives a development proposal, the District intends to provide site-specific requirements that may apply upon district review of future developments. The Findings for Considerations cover a portion ofthe district policies that FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TOUCHMARK LIVING (AZ-O2-018) 2. will pertain to any development proposal for this site. If the rezone is approved and the District receives a development proposal in lieu of constructing the improvements, the Applicant may be required to provide a deposit to the Public Rights-of-Way Trust Fund for the cost of improvements on Franklin Road abutting the parcel prior to issuance of a building permit. Comply with all Standard Conditions of Approval. 3. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe 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. Utility street cuts in pavement less than five year old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. 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. 6. 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. 7. Construction, use, and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 8. 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. 9. It is the responsibility ofthe 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. 10. 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. 11. Any change by the Applicant in the planned use of the property which is the subj ect 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGITOUCHMARK LIVING (AZ-02-0 18) Applicant or its successors in interest advises the HighwayDistrict of its intent to change the planned use of the subject property unless a waiverl 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 ofthe Meridian Fire Department as follows: 1. 2. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A. All entrances and internal roads shall have corners with a minimum of a 28' inside radius and 48' outside radius. The proposed buildings and uses shall comply with the 1997 Uniform Fire Code. Final approval of fire hydrant locations shall be by the Fire Department. 3. 4. 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 ofthe 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. By action of the City Council at its regular meeting held on the /5~ day of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGITOUCHMARK LIVING (AZ-O2-018) t)e-Þ~ ,2002. ROLLCALL COUNCILMAN KEITH BIRD VOTED~£L COUNCILWOMAN TAMMY deWEERD VOTED ~tv COUNCILWOMAN CHERIE Mc CANDLESS VOTED ~C'- COUNCILMAN WILLIAM L.M. NARY VOTED--$-~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: /¿J-/~-tll- VOTED- MOTION: APPROVE~PROVED:- B~ .:- ~~ 9 Dated: City Clerk Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ,\,\\\llIitllll/í/li¡> > ",\\~ Or MEf?,'D,/'));;, $"cÝ' !'\PaD,. '11-;~ /~-I>-(12- ~ (,0 .",,~ ~ :: ~ <) % Z:\WorklMlMeridianlMeridian I 5360MIBair Property Annex AZ-O2-018IAZFfCI&Order.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGITOUCHMARK LIVING (AZ-O2-0 18)