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HomeMy WebLinkAboutResolution Business Park AZ-00-004BEFORE THE MERIDIAN CITY COUNCIL 06-08-00 IN THE MATTER OF THE ) APPLICATION OF OVERLAND, ) 16, L.L.C., THE APPLICATION ) FOR ANNEXATION AND ) ZONING OF 16.119 ACRES ) FOR RESOLUTION BUSINESS ) PARK, LOCATED AT LOCUST ) GROVE AND OVERLAND ) ROADS, MERIDIAN, IDAHO ) ) Case No. AZ-00-004 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 June 6, 2000, at the hour of 7:30 p.m., and Shaft Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Becky Bowcutt, Briggs Engineering, Inc., and appearing and testifying with comments or concerns were: Marion Burtell, Ted Sutherland, Bruce Waite, Dave Sheppard, John Shipley, Lacey White, Norma Gale, and Michelle Barton, and the City Council having duly considered the evidence and the record in this matter FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004) 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 June 6, 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 June 6, 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 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 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004) development ordinances codified at Titles 11 and 12, Meridiaar 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. The property is approximately 16.119 acres in size and is located at the southeast corner of Overland Road and South Locust Grove Road. The property is designated as Resolution Business Park. 5. The owner of record of the subject property is Overland 16, LLC of Boise, Idaho. 6. Applicant is owner of record. 7. The property is presently zoned by Ada County as R-T, and consists of Rural Transitional agricultural land. 8. The Applicant requests the property be zoned as C-G. 9. The subject property is bordered to the north by C-G zmzing, to the south and west by R-1 and R-4, and to the ease by Ada County R-T and city limits of the City Of Meridian are adjacent and abut to the north, south and west of the subject property. 10. The property which is the subject of this application is within the Area FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004) of Impact of the City of Meridian. I 1.. 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. 12. The Applicant proposes to develop the subject property in the following manner: planned commercial development. 13. 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 Mixed Planned Use Development. 14. There are no significant or scenic features of major importance that affect the cOnsideration of this application. 15. Giving due consideration to the comment received from the government'al subdivisions providing services in the City of Meridian planning jurisdictioni public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendation of Planning and Zoning Staff as follows: 15.1 ! The zoning shall be a lower intensity commercial zone, Neighborhood i Commercial (C-N), rather than C-G, for the property described in the application subject to signing a development agreement. 15.2 Any existing irrigation/drainage ditches crossing the property to be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004) included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. 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. 15.3 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. 15.4 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirenlents. 15.5 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 15.6. 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. 15.7 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. 15.8 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 15.9 Provide five-foot-wide sidewalks in accordance with City Ordinance. 15.10 All construction shall conform to the requirements of the Americans with Disabilities Act. 15.11 Developer shall, in any future development, insure that emergency vehicular access through this property from Locust Grove Road to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECI'SION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-O0-004) parcel lying to the east (RZ-00-003) shall be designed and built. ! 6. 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. 15, 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. I7. It is also found that the development considerations as referenced in Finding No~ 15 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. ! 8. It is found that the zoning of the subject real property as Neighborhood Business District (C-N) 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 FINDINGS. OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC REsoLuTION BUSINESS PARK (AZ-00-004) Use Development. 19. 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: 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 The application is consistent with Meridian's self identity. 19.4 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. 19.5: 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. 19.61 Compatible and efficient use of land through innovative and functional · site design is achieved by applying the criteria of the Comprehensive FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004) plan and the Zoning ordinances of the City to the subject application. 20. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for amxexation 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 Semice 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECI:SION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004) 4.1 4.2 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. 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 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of Iand use patterns to insure that FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECI:SION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004) revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 4.B Comprehensive Plan Policies: The goals and policies listed below most directly apply to the proposed project: Goals Section Goal 3: To encourage the ldnd 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 4: To provide housing opportunities for all economic groups within the community. 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 1.4U - Encourage new development which reinforces the City's present development pattern of higher-density development within the Old Town area and lower-density development in outlying areas. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-O0-004) 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. 2.2U - Support strategies for the development of neighborhood parks within all residential areas. 2.3U - Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 4.8U - Encourage commercial uses, offices, and medical-care uses to located in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. 6.8U - New urban density subdivisions which abut or are proximal to existing rural residential land uses shall provide screening and transitional densities with larger, more comparable lot sizes to buffer the interface between the urban level densities and rural residential densities. Transportation Chapter 1.4U - Monitor and coordinate the compatibility of the land use and transportation system. 1.20U - Encourage proper design of residential neighborhoods to ensure their safety and tranquility. Open Spaces, Parks and Recreation 2.5U - New subdivision development.., will be considered as opportunities to... encourage the development of recreational open spaces and parks as part of new planned deVelopments. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004) Housing Chapter 1.1 - The City of Meridian intends to provide for a wide diversity of housing types... in a variety of locations stdtable for residential development. 1.4 - The development of housing for all income groups dose to employment and shopping centers should be encouraged. 1.6 - Housing proposals shall be phased with transportation, open space and public service and facility plans, which will maximize benefits to the residents, minimize conflicts and provide a tie-in between new residential areas and service needs. 1.19 - High-density development, where possible, should be located near open space corridors or other permanent major open space and park facilities, and near major access thoroughfares. Community Design Chapter 5.2 - Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 6.5U - Establish land-use designations that reflect the character of existing neighborhoods. 6.1 iU - Promote well-planned and well-designed affordable housing in all Meridian neighborhoods. 5. The zoning of Neighborhood Business District (C-N) is defined in the Zoning Ordinance at § 11-7-2 H as follows: (C-N) Neighborhood Business District: The purpose of the C-N District is to permit the establishment of small scale convenience business uses which are intended to meet the daily needs of the residents of an immediate neighborhood (as defined by the policies of the Meridian Comprehensive Plan); to encourage clustering and strategic siting of such businesses to provide service to the neighborhood and avoid intrusion of such uses into the adjoining residential districts. All such districts shall give direct access to transportation arterial or collectors, be connected to the Municipal water and sewer systems of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004) the City, and shall not constitute all or any part of a strip development concept. 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 Burt 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- 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 11-16-4 A of the Zoning and Development Ordinance provides in part as f611ows: 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 FINDINGS' OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-O04) 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 16.119 acres to Neighborhood Business District (C-N) is granted subject to the terms and conditions' of this Order hereinafter stated. 2. The application is for annexation and zoning of 16.119 acres. The legal description ishall 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004) conditions of development, to-wit: 3.1 The zoning shall be a lower intensity commercial zone, Neighborhood Commercial (C-N), rather than C-G, for the property described in the application subject to signing a development agreement. 3.2 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped shall be shown on the site plans. 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. 3.3 3.4 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 parldng shall be provided in accordance with City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 3.5 Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3.6. 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 parldng areas. All site drainage shall be contained and disposed of on-site. 3.7 : 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. 3.8 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004) 3.9 Provide five-foot-wide sidewalks in accordance with City Ordinance. 3.10 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.11 Developer shall, in any future development, insure that emergency vehicular access through this property from Locust Grove Road to the parcel lying to the east (RZ-00-003) shall be designed and built. 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-N) Neighborhood Business District, and Meridian City Code § 1 I-7-2 H. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date oCthis decision and order seek a judicial review as provided by Chapter 52, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004) Title 67, Idaho Code. By action of the City Council at its regular meeting held on the of J~o.~..~ ,2000. day ROLL CALL COUNCILMAN RON ANDERSON VOTED COUNCILMAN IrdEITH BIRD VOTED COUNCILMAN TAMMY deWEERD VOTED__~&-- COUNCILMAN CHERIE McCANDLESS VOTED MOTION: APPROVED'~~ DISAPPROVED: __ VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. , By'~~/~e ' - Dated: City Clerk msg/Z:\Work~VlkMeridian 15360M~Resolution Business Park AZ RZ CLIP PPk~FfClsOrd~r,wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW- page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY OVERLAND 16, LLC RESOLUTION BUSINESS PARK (AZ-00-004)