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HomeMy WebLinkAbout330 N Linder Rd. H-2024-0048 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-, AND DECISION& ORDER ,. In the Matter of the Request for Annexation of 1.0 acres of land with an I-L(Light Industrial) zoning for the proposed use of vehicle sales or rental and service.,by Nick Rinker. Case No(s). H-2024-0048 For the City Council Hearing Date of: January 21st,2025 (Findings on February 4t",2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 21 St,2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 21", 2025,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 21 st, 2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 4',2025, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 21',2025,incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) - 1 - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 21',2025,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of January 21 st,2025. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -2- By action of the City Council at its regular meeting held on the 4th day of February 2025. COUNCIL PRESIDENT LUKE CAVENER VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 2-4-2025 Attest: Chris Johnson 2-4-2025 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. 2-4-2025 By: Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -3- Exhibit A COMMUNITY DEVELOPMENT C��fEPIDIAN;,�-,-- IDAHO DEPARTMENT REPORT HEARING 1/21/2025 Legend 0 DATE: C Project Location N TO: Mayor& City Council Area of Impact r ;LI. }= City Limits I,tom FROM: Nick Napoli,Associate Planner O Analysis 208-884-5533 nna oli meridiancit .or - -- Lid APPLICANT: Nicholas Rinker SUBJECT: H-2024-0048 --- 1 330 Linder Road Annexation LOCATION: Located at 330 N. Linder Road in the SE %4 of Section 12, T.3N.,R.1W. '" A. � r �. PROJECT OVERVIEW A. Summary Annexation of 1.0 acre of land with an I-L(Light Industrial)zoning for the proposed use of vehicle sales or rental and service. B. Issues/Waivers The applicant has received a letter from the northern property owner to allow for a reduced landscape buffer to the residential property. This reduction will be from 25 feet to 5 feet.With this letter, staff finds the intent of the dimensional standards is being met. The applicant is seeking Council waiver to reduce this buffer as requested. The existing building is proposed to remain which will cause it to be non-conforming with the 35- foot street setback. C. Recommendation Staff: Approval. Commission Recommendation: Approval. D. Decision Council: Approved FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -4- COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Residential - Proposed Land Use(s) Industrial/Car Dealership - 11. Existing/Proposed Zoning Rl in Ada County V.A.2 Future Land Use Designation General Industrial V.A.3 Table 2: Process Facts Description Details Preapplication Meeting date 8/26/2024 Neighborhood Meeting 9/5/2024 Site posting date 11/23/2024 Table 3: Community Metrics Agency/Element Description Issue Reference Ada County Highway District II I.0 • Comments Received Yes - • Commission Action Required No - • Access Shared access with the property to the south. - • Traffic Level of Service Better than E. - ITD Comments Received Yes Meridian Public Works Wastewater • Distance to Mainline Available at site • Impacts or Concerns Yes: See comments below. Meridian Public Works Water rs • Distance to Mainline Available at site - • Impacts or Concerns No Note: See section III. City/Agency Comments & Conditions for comments received or see public record https:llweblink.meridianci Ly.orglWebLink/Browse.aspx?id=362253&dbid=0&repo=Meridian Cit Y. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -5- III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview This property is designated as General Industrial on the Future Land Use Map(FLUM). The use of vehicle sales or rental and service is consistent with the comprehensive plan for the general industrial designation. The subject site is among several Industrial properties along Linder Road in the immediate area. The proposed use of vehicle sales or rental and services is a permitted use in the I-L zoning which is the zoning the applicant is requesting. In conjunction with the existing industrial users surrounding this property,the proposed use satisfies the general industrial designation on the comprehensive plan. Table 4: Project Overview Description Details History I N/A Acreage 1.0 acre B. History and Process The subject property is part of an enclave area surrounded by City annexed property. Annexation of this land will provide more efficient provision of City services. Industrial uses exist to the west across N. Linder Rd and to the south and east; single-family residences exist to the north and in Ada County. C. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): The existing residence is proposed to remain as the main office for the vehicle sales business. The building shall abandon well and sceptic and connect to city services at the time of annexation in accord with UDC. 2. Proposed Use Analysis (UDC 11-2): The proposed use of vehicle sales or rental and service is a permitted use in the I-L zoning district and aligns with the surrounding area. By adding additional industrial properties in the city,this project contributes to the community's employment and economic growth. Specifically, it adheres to Policy 3.07.01D,which encourages the preservation of industrial land use areas by discouraging non-industrial users. Additionally,the proposal is consistent with Policy 3.06.02D,which recommends locating industrial uses close to state highways and the rail corridor. The property's location adjacent to Linder Road enhances its accessibility to both the rail corridor and state highways. Staff finds the proposed use to be consistent with the UDC and Comprehensive Plan. 3. Dimensional Standards (UDC 11-2): Development of the site shall comply with the dimensional standards of the I-L zoning district in UDC Table 11-3B-3. The applicant has received a letter from the northern property owner to allow for a reduced landscape buffer to the residential property. This reduction will be from 25 feet to 5 feet and requires City Council waiver to reduce the buffer as proposed. Staff is supportive of the reduction since the adjacent property will more than likely develop with an industrial use in the future. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -6- Additionally,the existing building will be non-conforming if annexed due to the 35-foot setback requirement off Linder Road. The building is roughly 37-feet off the curb line but is within the 35-feet when measured from the ultimate right of way. If approved,this would create a non-conforming building and any new construction will be required to comply with the I-L dimensional standards. 4. Specific Use Standards (UDC 11-4-3): Vehicle Sales or rental and service— UDC 11-4-3-38: A. Vehicle repair may be allowed as an accessory use,subject to the standards for vehicle repair,major,and minor,in the district where the use is located. The applicant is proposing a future maintenance shop for vehicle repair purposes. While this is not going to be a use established on the site with the initial development, the applicant will come through permitting for establishing this accessory use in the future. B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall,or screen or within an enclosed structure and shall not be visible from any street. The applicant is proposing a future maintenance shop that will house any inoperable vehicles. In the interim, there will be no inoperable or dismantled cars on the site. C. Automotive sales and rental areas shall be subject to the minimum perimeter landscape requirement of parking areas in chapter 3, article B, "landscaping requirements", of this title. The minimum perimeter landscape requirements are being met and a reduction of the northern 25 foot landscape buffer is requested through a council waiver. D. In addition to chapter 3, article B, "landscaping requirements", of this title, one(1) square foot of landscaping for every fifty(50) square feet of vehicle display area shall be provided. The site has 540 square feet of proposed vehicle display area which means 11 square feet of landscaping is required and the applicant exceeds this landscaping requirement. E. Vehicle display pads are prohibited in the required landscape buffers. The vehicle display is outside of the required 12.S foot with water conserving design landscape buffer along Linder Road fulfilling this requirement. However, the applicant shall only be allowed to have 3 vehicles displayed along N. Linder Road at any one time. UDC 11-3A-19 discusses the importance of building frontage along public roads and requires a minimum of 30% of the fagade to occupy the frontage. By limiting the display vehicles to 3, staff finds the fagade will maintain is prominent form along the frontage. F. Vehicle display areas shall incorporate design features including,but not limited to, landscape islands, curbing,and pedestrian walkways,that define main drive aisles and internal circulation patterns. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -7- The concept plan shows curbing around the vehicle display with landscaping on both sides to meet this requirement. D. Design Standards Analysis 1. Landscaping (UDC 11-3B): i. Landscape buffers along streets The applicant is proposing waterwise landscaping which allows for a 50%reduction in street landscape buffers. A 12.5-foot wide street buffer is required to be constructed along N. Linder Rd., an arterial street,measured from back of sidewalk, landscaped per the standards listed in UDC 11-3B-7C. Landscaping requirements will be analyzed with the Certificate of Zoning Compliance. ii. Parking lot landscaping Parking lot landscaping is required per the standards listed in UDC 11-313-8C. A minimum 5-foot wide buffer should be provided along the east property boundary unless the requirement is reduced or waived by the Director for truck maneuvering areas as set forth in UDC 11-3B-8C.1a. Staff recommends the applicant shift the planter islands to the eastern buffer where the easement begins to maximize the parking on site. Landscaping requirements will be analyzed with the Certificate of Zoning Compliance. iii. Landscape buffers to adjoining uses A 25-foot wide buffer is required to the residential land use to the north as set forth in UDC Table 11-2C-3 and 11-4-3-34F, landscaped per the standards listed in UDC 11-3B-9C. The Applicant requests City Council approval of a reduced buffer width from 25-to 5-feet adjacent to the residential use to the north as allowed by UDC 11-313-9C.2 with notice to surrounding property owners.A reduction to the buffer width shall not affect building setbacks; all structures shall be set back from the property line a minimum of the buffer width required in the I-L district(i.e.25-feet).A letter was submitted from the abutting property owner to the north, Christopher and Angela Olson,agreeing to the proposed reduced buffer.While the landscape buffer will be reduced,the building will still be 25 feet from the north property line. Additionally,the eastern landscape buffer shall be landscaped in accordance with the irrigation districts' allowances. iv. Tree preservation A Tree Mitigation Plan should be submitted with the certificate of zoning compliance detailing all existing trees and methods of mitigation outlined by the City Arborist before any trees are to be removed as set forth in UDC 11-3B-1OC.5. v. Storm integration Storm drainage is required to comply with the standards listed in UDC 11-3A-18. Drainage swales should not be within the landscape setbacks along N. Linder Road. 2. Parking (UDC 11-3C): i. Nonresidential parking analysis UDC 11-3C-6 requires one space for every two thousand(2,000) sq. ft. of gross floor area in industrial districts. The applicant has provided 27 parking spaces which exceeds the UDC requirement. However,the applicant shall provide details for where customers will park on the lot. This shall be separate from the vehicles for sale on the property. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -8- ii. Bicycle parking analysis A minimum of one(1)bicycle parking space must be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G; bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C. Bicycle parking is not depicted in the plans and shall be included with the certificate of zoning compliance application. 3. Building Elevations (Comp Plan, Architectural Standards Manual): The applicant is proposing to keep the existing residence and convert it into the main office. Since the building is proposed to remain, it is not subject to the architectural standards. However, a tenant improvement permit will be required from the Meridian Building Department to convert the residence into a commercial building.Additionally,the applicant is proposing a future maintenance building that will be required to comply with the architectural standards manual. 4. Fencing (UDC 11-3A-6, 11-3A-7): The applicant is not proposing fencing with this application. However, staff recommends a 6- foot tall privacy fence is installed and maintained on the north boundary to help buffer the neighboring residential. E. Transportation Analysis 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): One(1)full driveway access exists to this site via Linder Rd.that is proposed to be eliminated,and the applicant will share access with the property to the south through a cross- access agreement. The intent of the UDC(11-3A-3) is to improve safety by combining and/or limiting access points to arterial streets to ensure motorists can safely enter all streets. Where local street access is not available,the property owner is required to grant cross-access/ingress-egress easements to adjoining non-residential properties. Although the use to the north is currently residential, it's anticipated to change to a non-residential use at some point in the future. The use to the south is commercial; as a provision of the development agreement, a cross- access/ingress-egress easement was required to be provided to the subject property at the time of future construction on the site and/or expansion of the existing parking lot,which has not occurred. In accord with UDC 11-3A-3, Staff recommends as a provision of the development agreement, driveway stubs are constructed to the north and south property lines and a cross-access/ingress-egress easement granted to the properties to the north(Parcel #R3579000012) and south(Parcel#R3579000020)in an effort to combine and limit access points to the arterial street(i.e.Linder Rd.). Copies of the recorded easements should be submitted with the Certificate of Zoning Compliance application for the proposed use. While a fire truck turnaround is provided on-site,the applicant shall widen the cross-access from the south to a 25-foot drive aisle. Additionally,the applicant shall work with our fire department to ensure the turning radius for the entrance is sufficient. This will be analyzed with the certificate of zoning compliance. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -9- 2. Sidewalk/Pathways (UDC 11-3A-5): An attached 7-foot wide sidewalk was recently constructed along N. Linder Rd. along the frontage of this site. The Pathways Plan designates a 10-foot wide detached multi-use pathway in this area. Because the sidewalk was recently constructed, the Park's Dept. does not recommend it's removed and a new pathway constructed in its place at this time. If a new pathway is constructed in the future,there should be adequate room within the existing right- of-way(11'+/-) for the pathway without dedication of a public use easement. F. Services Analysis 1. Pressurized Irrigation(UDC 11-3A-I5): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. 2. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. 3. Utilities (Comp Plan, UDC 11-3A-21): Connection to City water and sewer services is required and are available to be extended by the developer with development in accord with UDC 11-3A-21 and Goals 3.03.03G& 3.03.03F.Urban sewer and water infrastructure and curb, gutter, and sidewalks are required to be provided with development. III. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption, and the developer. A final plat or certificate of zoning compliance shall not be submitted until the DA and Ordinance is approved by City Council. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions IF City Council determines annexation is in the best interest of the City: A. Future development of this site shall be generally consistent with the concept plan, landscape plan, and conceptual building elevations included in Section VIII and the provisions contained herein. B. No more than five (53)cars shall be displayed along N. Linder Road at any one time. The vehicles shall not be displayed in front of the building. C. In accord with UDC 11-3A-3,the applicant shall construct driveway stubs to the north in the area between the future maintenance shop and narking area and to the south pr-epefty line in alignment with the existing driveway from the abutting roper ,-ad a-ad.. ----- ---ess/i gross egess ease ei4 gmn4ed to the pr-e,.eAies to the neftl, (Par-eel#R3 5 70/10001 2) and south(Par-eel#R3570111111020)i an e f f .w to FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) - 10- ri.bine.-ad lifnit, o peiftts t N Linder-Read. Copies of the recorded cross- access/ingress-egress easements shall be submitted with the Certificate of Zoning Compliance application for the proposed use. D. The applicant shall install a 6-foot-tall privacy fence on the north property boundary to help buffer the neighboring residential. E. The existing structure is nonconforming with the 35-foot setback along N. Linder Road. Any future expansion will require compliance with the I-L zoning regulation per UDC 11-2C-3. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) - 11 - B. Meridian Public Works Wastewater + Dlstance to Sewer Available at Site Services + Sewer Shed + EStirriatedProjed Seeappllcatlon Sewer ERU's + WERF Nelining flalarata3 + Projied Consister;t Yes with WW Master Plan/Fadli F Plan + Impactsftoncerns + See Publ le Works Slte S cific Condltions Water + DistancetoWamr Water Avall able atSite Services + PressureLwe EstimatedProjert Sae applleatlon Watef ERU's + Water Quality None + Project Consistent Yes with Water Master Plan ImpactVCDncems None-Ensure flo trees are located within 10'of the Water Mete NON-PLAT CONDITIONS Ptjwc-Woe Ks DrPA x-rm F.,%-r 5iie Specific Conditions of approval _ If a WO l is luC ttH on the Site it must h alrpndomCd Per rc,4ulawry requirements And prwf of abandonmcm rausl be pmvidcd to the City, 2, Ensure no sewer smices pass through infiltration Umbel, 3_ Provide H0'Easements For mains,hydrant laterals and waver services. E sernows shouild oxtond up to the and of mftiivhy�=nCwater meter and l0'beyrmd it. S_ No petmtanent s"eture5(trees,bushes,buildings,carports,trash receptacle walls, fences, infiltration trenches,light pola3,ctc_)to bt:built within the utility c alst:mrntt. General Conditions Dt Approval I_ Applicant shall coordinate water and€.,wer main size and routing with the Public Works Depanntum. 2_ PeT MeridiLm City Code(MCC),the app]i rant$Mall lee respnmsiM w in"I Sewc r r5nd water mains to and through this dc;-clopn,cnt, Applicant may be eligible for a reimbursement agreement for infr,PSSrLEcwrc cnhaneenlcnt Per NfCC 9-fi-5, FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) - 12- 3_ The applicant shall provide ea3wmern(s)for a]I public water/sewer mains outside of public nghl of way.(include all water services and hydrants)_ Sewerfwater easement%laries depending on sower depth.$elver U-20 ft drrp require a 30 ft-rwmcnL,20-25 ft a 44 ft rkw nor,and 25-30 Ik a 45 ft casement. Ensure no pcTmmcrtt rATuctures(trees,Wsbcs,buildings,carports,trash macptncie walls,fences,infiltration wenches,light poles,etc.)are built within[he utility casement, submit an execrticd easement(on the form available front Public Works),a legal description pr4pa1vd by an Idaho Licensed Professional Land S urveyar,which must include the area of the easer tCttl (marked EXI:I l BIT A)and art 8112"x l 1"map wi Lh bunrings and distances(marked F%l'11 B IT 9) for mview.BgLh exhibits must be waled,signed and dated by a Professional Land Survuyor.DO NOT RECORD. 4_ The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water{UDC I I-3 B-G).The applicant should be required to use any existing surkee or well water for the primary source_ Ha surface or well source is trot available,a single-poieL connectirm La the culinary water system shall be-required.I f a single-point mn"re6c t is 111;l i zrdl' the developer mill be respoasiblc for the paymcnt ofasscsslnenis far the common areas prior to prior toTecciving&velopmcnt plan approval. 5_ Any structures that are al lowed to remain shall be subject to evaluation and possible reassignmcm of street addressing to be in eamphance w iih MCC- 6- Al l irrigation ditches,canals,laterals,or drains,exclusive of natural waterways,inierseeting. Cr05SinS OF baying udiuCenl And umLiguow to thr area being suWi%�&d shall be addw-q.vYi per UDC I l-3A-i, In performing such work,the appl i cant shall corn plywith Idaho Codc42-1207 and any athGraMicab#c law i r wguiation, 7_ Any wells Thal will not continue to be used must be properly abandoned according to Id;dto Wall Consirtwtion Standards Roles adminisiered by the Idaho Dopartmera of Water Resourory. 'N, Developer's Engineer shall provide a stawrnimL addmminil wheLhtK them are any existing walls iri Lhe develoPMOL,and if so,how they will continue Lo be used,cr pmNi4e record of their abandonment. $_ Any existing septic systetus within this project steal I be removed fronn service per City Oridinanoe Section 9-1-4 and 9 4 8, Cxontact Central District Health for abandonment procedures and insNab ms(208)375-5211. 9. All improvements irlawd to pub]ir life,Safety and health shall be wmplmted prior to orrup4=y of the structums, to. Applicant shall be required to pay Public Works developrn"I plan review,and construction inspection tees_as detenu fined duriug the plan Teview process,prior to the issuance of a plan approval ietter. 11_ It shalt be the responsibility of the applicant to ensure that all deNclopmenL fcatureS comply with the AmonCAns with Dissbilitics ACL And Ow Fair Housr ng Art. 12, Applicant shall k responsiblc for appl ication anti]complianrc wiib any Section 404 Pcrmiui ng that may be required by the Array Corps of Enginom. 13. Developer shall cooMinate tuailbox locations with the Meridian Pas[Ofiice_ 14_ Cord paction test results shall be submitted to the Meridian Building DeWrdent for all building pads receiving tnginecmd baxkfil I,where fonring would sit atop fill material_ l5_ The design engineer shall be required Lo certify that Lhe street centerline elevations we mat a minimum of 3-feet above the highest established peak groundwater cleva6on. This is to c um Mal the bottom elevation of the crawl spaces of homes,is at least 1-foot above_ Its. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project thal do not fall under the jurisdiction ofan irrigation digtic qr AC'HD_The design ertgineershall pirn+ide eertificuliM that the facilities bavo been inslWled in accordance with the appmwd design plans.This certification will be required before a wrtifreair of occupancy is issued for any structures within the project, FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) - 13- 17_ At the earnplation of the project,the applicant;hall be risponsiblo to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and epprovod prior to the ismancc oFa cereification of nrr:uppnry for any stnutur-s within the prpj-ta 18. A street light plan will need w be included in the civil cons Ilion plans.Start light plan requirements are listed in section&5 of tht:improvement Standards for Street Lighting,A copy of the standards can be fotmd al hup:lJwwtw_ttteridi rnctt .oigrpublic_works.asp7' 19_ The City of Meridian roquires that the owner post to the City a perfonnance surety in t[W aMount of 1251Ya pf thr total mnstrurtion cost far all incomplete se-wor,wstor and reuse infhStructurc prior to final phu si�,natun.This surety will be verified by a line item t7xt estimate pMViJUd by the owner to the-City.The sttrcty can be posted in the faun of an i rrcvocabl a lcticr of cr%-di t,cash deposit or bond.AppliMat Must file au application for surety,which can be found on tUc Community Developuuem DNpanniem websitc. Plcasc contact Land Development Scr+'icc for mare itiformation at SR7-221 1. 20_ The City of Meridian requires that the owncK ptxst to the City a warranty surety in the w nun r of M of the total consttuciion cost for all completed scwcr,water and reuse infrastructure far duration oftwo years.This surety will be verifcd by a line item cost estimate provided by the oWaer to the City_The surety can be posted in the fomt of an irrevocable letter of credit,cash deposit or band.Applicant must file an application for surety,which can be found 6n the Community Development Department website. Please contact Land Development Service for mim inkrmati0n at 887-221 1. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) - 14- C. Ada County Highway District(ACHD) AidlilFry,PfGLdOrM1 ACHDMIA^ }GJ+G.VKS�fS'Ay[I[ ]Im Nq—r%graar5 CunmYrom k�[firtlrrw�pr,ta.nm�arwe Cavr F4KIiwy.Gu+nmlvrtnw Date, Sept.@mber I7,-2424 To: NirhQld5 kin ker,vie*wna,l Staff Contact:uaraLeigh Trayer,Planner Pivbj6tt Eesdriptl6n. UrAt-r Wool Car ALMEAl&Sates This iban annexation and re:one application For Chu devclopfrora of a 1,194 square foot office space and 1,4n sq uare foot automobile mai nbenance soap on 027-acres_ Trip GeneraiwxF This deveWpryheni Is estirnened w generate 2-�vehIde trips per dory. 3 vdh.tlh uip per hour+rl the PIA p"k hour,bawd ant"Irtiuitut6 of Trardportat+w% Eng ineem Trip Cremration Manual,W'editiwx r D,area roadways rneeL. ACHEYs LOS Yes No Carnment& The tables above list the emstlrlg condltronsof the surrounding roadways-ithovt the prQpQwo 0gw1go—e►rt as this applicWign i5�fqr annexPtiion and rezone only.With a hiture developmenr.a pplrca,tron.rhir,summary wi II Ile uPdo#od to ro&Kt the Oevokpivien(*n0 its Irnpxt. IV. cof?f'oecingj ou to Il " Ad2C ri rymgr-ay ramkT-Tn5 Adams 5[rpm-C.vdan Gq�f.IP-Orm-PKM30-010-FX 34rF%W-W tY at nd.d rio ray FINDINGS A. Annexation and/or Rezone(UDC 11-511-3E) Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) - 15- 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant's proposal to annex 1.0-acre of land with I-L zoning for the development of a vehicle sales or rental service facility is consistent with the General Industrial FL UM designation for this property. (See section V above for more information) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to I-L and conceptual development plan generally complies with the purpose statement of the I-L district in that it will encourage industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated entirely or almost entirely within enclosed structures and is accessible to an arterial street(i.e. Linder Rd.). 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed industrial use should be conducted entirely within a structure. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds City services are available to be provided to this development. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City. IV. ACTION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement. B. Commission: The Meridian Planning &Zoning Commission heard this item on December 5th, 2024. At the public hearing, the Commission moved to recommend approval of the subject Annexation request. I. Summary of Commission public hearing_: a. In favor: Nick Rinker and Matt Wilke b. In opposition: None c. Commenting None d. Written testimony: None e. Staff presenting application: Nick Napoli f Other Staff commenting on application: Bill Parsons 2. Key issue(s) of public testimon: a. None 3. Key issue(s) of discussion by Commission: a. Cross access to the property to the north. Creating a non-conforming structure with the approval of this application. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) - 16- The amount of vehicles being displayed along Linder Road. 4. Commission change(s)to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. The number of vehicles being displayed along Linder Road and cross-access to the northern property. Staff has talked with the applicant and ITD about vehicle display areas as ITD requires 5 spaces. Staff is proposinga hange to this DA provision for your consideration. Additionally, the gpplicant would like to defer cross-access until his property is redeveloped into a use separate from a vehicle sales or rental and service center. Staff is proposing alternative language to allow for the cross-access to be deferred until redevelopment of the subject property. C. City Council: The Meridian City Council heard this item on January 7th and 21', 2025. At the public hearing,the Council moved to approve the subject annexation request. 1. Summary of the City Council public hearing: a_. In favor:Nick Rinker and Matt Wilke b. In opposition:None c_. Commenting:Nick Rinker and Matt Wilke d. Written testimony:None e. Staff presenting application:Nick Napoli f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony, a. None 3. Key issue(s)of discussion by City Council: a. Cross access to the property to the north. The council discussed the need for a stub rather than an easement and where the best location for the cross access. The council determined the best location for this would be at the rear of the property between the maintenance shop and parking. b. The council also briefly discusses the changes from 3 to 5 vehicle display areas. 4. City Council change(s)to Commission recommendation. a. Council approved the change to provision B to change the amount of vehicles able to be displayed along Linder Road from 3 to 5. b• Additionally,_ Council approved a change to provision C requiring a stub street between the maintenance shop and rear parking to the property to the north. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) - 17- EXHIBITS A. Project Area Maps (link to Project Overview) 1. Aerial V. Legend " F Project Location Area of Impact �`"°a•- OAnalysis { 7 Wktx�,ei� � 1 a FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) - 18- _ _ ; �p[�■Ill [:.■■■iaaii=�� �■■ �■1 ' ■ � W -1 :: ■■■■ialr y� ■■■ � . ZZ ■ma■ r• ■r■I■■o.. ■1 ■ 11 � ■rrrrrllw�w. -�larrririi �■ ■■■1■■■■■■ i � Il■1[111111f■■ •IID#1`- �■llllllllll[■■ � • + ■■■11111��ra■ � i�■lalllll■ �■ I o • ■■�■ i::■i I� ■�.ri■lalll ■n■r rli[III11■ i 1,1 �� ::rr■■rrrrir` 1�■� rangy � ■Is■ . -No f■[I ..111111■■111 ■11! �� �r ■■ ■ �Y-��J JII## C l 111111111111111►�/ ..u�. # ff` .� r RANKL—IN 111111 a■u nnm ,■ ■ rn 111A:fAA■■ MC ' 2- 14 oil ■�� rr flrr� .■-nurr =' 11A 1 W �+�..■ ■■■■aaii= ■ � . a � ■i ■ror■r■ ii - e - . i _ 1 �� rrrrr■ ■ r■■■■■�■ Z.■■■■■r �. -�larrrurr ■� ■■■1■■■■■ •. .. i >�_ 11111111111■■ `Ilff ��llllllllli[■� .I ■■■11 11��ia■ ® riaiiiii■ � _ Ji 1111f i"" ■ �� �err■■rrrr �■+. Imo■ ria■a:ark■[I i:111111■■111 ■BEEN +•�` '7 a#nv n#rw 91 . — ■I#■ \f!■ R■■ oiIIIIII rr- 11� ■ , �+j jay 1 � �±� Illl 11,.A#L � +y + .pp■ � lillr� l��l:1...i�Ilr ur +1 Iilruuluita►'., _ ,- 1 IIfIn-' 1 H 11111= r e s • --- - - '% ANKLIN • ■AI • - • ME�� �tlj� � lIa �ii�lui r ME w�a �� - ■r rllli R � � ;r a■■■ ■ 11 r ow 4. Planned Development Map Legend C� O Project Location m �7T-r 0 Area of Impact ; �r7% T=' City Limits ��' � f1 � Planned Parcels -- �� O Analysis 01 ---- _- — ----- -�- � -. Irk i FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -20- B. Subject Site Photos it ; V. _:L .. AL dlW. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -21 - C. Service Accessibility Report Description Location Within 1/2 mile of City Limits YELLOW Extension Sewer Trunkshed mains < 500 ft.from parcel GREEN Floodplain Within 100 yrfloodplain & < z acres RED Emergency Services Fire Response time < 5 min. GREEN Emergency Services Police Meets response time goals most of the time GREEN Pathways Within 1/4 mile of current pathways GREEN Transit Within 1/4 mile of current transit route GREEN Arterial Road Buildout Status Ultimate configuration (#of lanes in master street= GREEN plan) matches existing # of lanes) School Walking Proximity Within 1/2 mile walking GREEN Either a High School or College within 2 miles OR a Schaal Drivability Middle or Elementary School within 1 mile drivin.-. GREEN (existing or future) Park Walkability No park within walking distance by park t%:pe RED FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -22- A Site Plan(date: 11/4/2024) k { tEp C S wr •a�a,ww,w�w, wwwue L UJ 2 f-;rrrsi +yam --'.: +•::. .. ' .aw •., .^:' ", `. �1 Z f < r 4 ARCHIYLCTUPAL SITE PLAN ; rAS1 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -23- E. Annexation Legal Description &Exhibit Map ELSE GEERIJ:S0,+V LAND.SURVEYS,PLLC 2251 Sumac Sfreet,Boise,Jdaho 83706 TpiWo g(208)M6M ff&&@eomwys.cam t7{,1c6o8er 2024 El$Pro)e-dNa.240MF Lw+d OwrApuon EMMIT A Lot 3 rf dl9wpers Akre Suhdivk"O'emided plat cr.Ve m 85w 24 of plats a!P2ge 129a rKQrds Gr Ak Cal.�nty,Ideh:) and s pwfti M N SE V�of Section i 21 T.3 N..R.1 W. B.M.,MoMian Ada Carney,I sbu4 demtcd as U13va: "mr-mrcirg al a Jerald drams cep mlfflUnMl.MEYirlA tie UW aam Y of A0 81h"1.ur Searian 12,thence SGnfaeiy almg 1he weMry;re id paid Seetim$OQ' VjEr W a dstanoe of 1 48312 W.la the POUF 12F M-GINMiUG Theoaeleavhg said lineS08"13152'Eadistaictaf40.01 ek11Bafound Stool onmmurnenlYa}thenedhmsl amner of said Lol S an the eagle Nlyi- sway line of Narlh 1,k4er Roan. Thmm IwA*q said thin-ar,kmy Wcangruing alprlg ptenp{ Mti fine said Lat3&W 1357 Ea 6sranneaf 316.BT feat 03 a found siege pill m mmemkq are nuftag camk od said La; Thk"eculhedy arorlq 111we emi Ine of said Lot S W3$'53 N a ft"P..ca od 120.00 rook k}a round eleel on mmun-PEMN ire suulheasl ramer of slid Lul; Thvgce w+eslaiy alag the'oultrerl.inA od said Lot N 86'13'52`W it dWance of 316.62 fee[ic tha muf eat cww of said Ict an 1he ea l;"Nhb-O-wq Im of uW NuM Linder Read; Thencersavmgsaid MosV W13'62 h1 9 d3wuti3dADM feel to ap*y:N1 II:e vrast9,4y Irwofsad Section 1 Thmmrlptl cdy aiung said ueatedp lined 5adDn 12 N CO'31W.E adi,lLvca of 14.K'dee'lono P9N-OF KE NNINS. Thenbow-jw .Aihedna4frW4Wfinioe42,8WsquArefeelmmurbmsNEdtoOilOISWi 9asements.and righlwr. fsPS IC9FI�tprpJyiyg3Ulfi<a[f661�+,prt'Le9ae'2-0C5]9 Dec fo•m�qn 99[ .dot FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(330 N.Linder Road—H-2024-0048) -24- 5N. LI&DE ROAD � f � k" �\ �@ m qk�'_ 46 q % | \$z k to ® co | A z % � | k� 2\ §/ \|/ 05, . u §K§ pp § R%2 | t� ] E _ | � � — ) � FINDING O FACT,CONCL am OF LAW AND DECISION i ORDER FOkpk N.Linder Road-xmk$m@ -25-