HomeMy WebLinkAboutHark's Corner AZ-01-007BEFORE THE MERIDIAN CITY COUNCIL
C/C 06-05-01
IN THE MATTER OF THE )
APPLICATION OF VAN HEES )
PROPERTIES, APPLICANT, )
AND LARRY VAN HEES, )
CAROL VAN HEES SNYDER, )
DWIGHT VAN HEES, CORY )
SMITH, AND CHRISTOPHER )
SMITH, OWNERS, THE )
APPLICATION FOR )
ANNEXATION AND ZONING )
OF 4 ACRES FOR PROPOSED )
HARK'S CORNER, LOCATED )
119 S. LINDER ROAD, )
MERIDIAN, IDAHO )
)
Case No. AZ-01-007
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 5, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning
and Zoning Administrator, appeared and testified, and appearing and testifying on
behalf of the Applicant were JoAnn Butler and Tom Roam, and the Applicant, Larry
Van Hees, appeared and testified, and no one appeared in opposition, and the City
Council having duly considered the evidence and the record in this matter therefore
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-Oi-O07)
makes the following Findings of Fact and Contusions 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 5,2001, 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 5, 2001, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5
and 11-16-1.
o
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARICS CORNER - (AZ-01-007)
The City Council takes judicial notice of its zoning, subdivisions and
Page 2
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.
4. The property which is the subject of the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full.
5. The property is approximatdy 3.667 acres in size and is located at the
southwest comer of Linder Road and Franldin Road. The property is designated as
Hark's Comer.
The owner of record of the subiect property is Larry Van Hees of Boise,
Idaho.
7.
8.
Applicant is owner of record.
The property is presently zoned by Ada County as R-l, and consists of
non-cultivated agricultural ground.
9. The Applicant requests the property be zoned as C-C.
10. The subject property is bordered to the north by vacant land zoned I-L,
to the south by agricultural land vfith a single family dwelling zoned R-1 Ada County,
and a little further to the south is the Whitestone Subdivision, zoned R-4, so the east
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-01-007)
by vacant land zoned C-N, adjacent to Crestwood Estates, zoned R-4, and to the
west by agricultural land zoned RUT by Ada County.
11. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
13. The Applicant proposes to develop the subject property in the following
manner: Commercial development including a serVice station with drive-through
restaurant, and drive-through coffee facility, and a car wash.
14. The Applicant requests zoning of the subject real property as C-C which
is not consistent with the Meridian Comprehensive Plan Generalized Land Use Map
~vhich designates the subject property as Single Family Residential. However, the
Comprehensive Plan is under review and consideration is being given to changing
part of this area to Commercial.
15. There are no significant or scenic features of major importance that
affect the consideration of this application.
16. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
iufisdiction, public facilities and services required by the proposed development will
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-01-007)
not impose expense upon the public if the following conditions of development are
imposed, subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
16.1
The legal description submitted with the application meets the
requirements of the City of Meridian and State Tax Commission and
places the parcel contiguous to existing city limits.
16.2
Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation. The Development Agreement
shall address, among other things, specific landscape/common area
requirements, phasing timeframes, any building height limitations,
signage, pathways, lighting and noise, hours of operation, and other
items as required by the Commission or Council. If annexed, all future
uses shall be required to be approved through the planned development
process and as conditional uses.
16.3
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department.
16.4
Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
16.5
Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall
be required at Iocations designated by the Public Works Department.
All streetlights shall be installed at the developer's expense. Typical
locations are at street intersections and/or fire hydrants.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARICS CORNER - (AZ-01-007)
Page 5
16.6
16.7
16.8
16.9
16.10
Outside lighting shall be designed and placed so as not to directly or
indirectly illuminate any nearby residential areas and shall be in
accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M.
Off-street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property, or as othenvise approved
through conditional use (more restrictive parking requirements may be
applied).
A drainage plan designed by a State of Idaho licensed architect or
engineer shall be required and shall be submitted to the City Engineer
(Ord. 557, I0-1-91) for all off-street parking areas. Storm water
treatment and disposal shall be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties
and City of Meridian standards and policies. Off-site disposal into a
surface water is prohibited unless the jurisdiction which has authority
over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
All signage in 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. No temporary signage, flags, banners or
flashing signs shall be permitted.
Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
16.11 All construction shall conform to the requirements of the Americans
with Disabilities Act.
16.12 Underground year-round pressurized irrigation shall be provided to all
landscape areas on site. Submit hook-up and design details based on the
proposed landscaping. Due to the size of landscaped area, primary
water supply connection to the City's mains shall not be allowed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARICS CORNER - (AZ-O 1-007)
Page 6
Applicant shall be required to utilize any existing surface or well water
for the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the entire
common open area.
Adopt the Recommendations of the Ada County Highway District as follows:
16.13
Dedicate 45-feet of right-of-way from the centerline of Linder Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first.
16.14
The existing 36-foot wide driveway on Linder Road located at the south
property line, approximately 220-feet south of the signalized
intersection at Franklin Road, is approved with this application as a
right-in/right-out driveway. Construct a median in Linder Road located
50-feet south of the stop bar at Franldin Road. and extending 50-feet
south of the southern edge of driveway on Linder Road.
16.15
The applicant shall either utilize the existing 36-foot wide right-in/right-
out driveway on Franldin Road located a minimum of 220-feet from the
intersection as right-in/right-out, OR construct a 35-foot wide full access
driveway on Franldin Road located a minimum of 315-feet from the
intersection. If the applicant constructs a right-in/right-out driveway,
then the applicant shall install a median in Franldin Road located 50-
feet west of the stop bar at Linder Road, and extending 50-feet west of
the western edge of driveway on Franklin Road.
16. I6
If the applicant chooses to construct a right-in/right-out driveway
located 220-feet west of Linder Road, then a second driveway shall be
constructed located 440-feet west of Linder Road, and located to align
or offset a minimum of 1 50-feet from any existing or proposed
driveways on the north side of Franklin Road (Cafarelli Subdivision -
approved in 2000). If the applicant chooses to construct a full access
driveway located 315-feet west of Linder Road, then a second driveway
shall be constructed located to align or offset a minimum of 150-feet
from any existing or proposed driveways on the north side of Franldin
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FORANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARICS CORNER - (AZ-O 1-007)
Page 7
16.17
16.18
Road (Cafarelli Subdivision - approved in 2000).
Pave the driveways on Franldin Road their full width and at least 30-
feet into the site beyond the edge of pavement of Franklin Road and
install pavement tapers with 15-foot radii abutting the existing roadway
edge.
Pave the driveway on Linder Road its full width and at least 30-feet into
the site beyond the edge of pavement of Linder Road with 15-foot curb
radii.
16.19
16.20
16.21
16.22
16.23
Construct a 5-foot wide concrete sidewalk on Franklin Road abutting
the parcel, where there are not currently improvements. Extend the
sidewalk from its existing location and alignment.
All existing/proposed irrigation facilities shall be relocated outside of the
right-of-way on Linder Road and Franklin Road.
Ail utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
Replace unused curb cuts on Franldin Road with standard curb, gutter
and concrete sidewalk to match existing improvements.
Other than the access points specifically approved w/th this application,
direct lot or parcel access to Under Road or Franklin Road is prohibited.
16.24 The Applicant shall additionally meet all of ACHD's Standard
Requirements required in their letter dated April 18,2001.
16.25 Additionally, ifACHD amends any or all of their recommendations,
then the Applicant shall comply with any such amendments.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
16.26 The District requires a Land Use Change/Site Development application
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARICS CORNER - (AZ-01-007)
P~e8
to be filed for the conditional use permit.
17. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 16, and ali
sub-parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
18. It is also found that the development considerations as referenced in
Finding No. 16 are reasonable to require and must be taken into account, in order to
assure the proposed development is designed, constructed, operated and maintained
in a manner which is harmonious and appropriate in appearance with the existing, or
intended character of the general vicinity, in order to assure that the proposed use
will not change the essential character of the affected vicinity and will insure that the
proposed uses will not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
19. It is found that the zoning of the subject real property as Community
Business District (C-C) requires connection to the Municipal Water and Sewer
systems and will be compatible with the Applicant's development intentions, and will
not assure that the zoning is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Single Family
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARICS CORNER - (AZ-01-007)
Residential. However, the Comprehensive Plan is under review and consideration
and is being given to changing part of this area to Commercial.
20. The subject annexation request and zoning designation and proposed
development will relate and will be compatible to the goals and policies of the
Comprehensive Plan of the City as follows, if the Comprehensive Plan is given to
changing part of this area to Commercial:
20.1
The consideration of the provisions of the Comprehensive Plan and the
requirements of the zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive Plan
and the zoning ordinance of the City to all applications such as the
subject application.
20.2
This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
20.3 The application is consistent with Meridian's self identity.
20.4
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 ordinance of the City to the subject
application.
20.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
FINDINGS OF FACT AND CONCLUSIONS OF LAW- Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARICS CORNER - (AZ-01-007)
20.6 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
Plan and the zoning ordinance of the City to the subject application.
21. The property can be physically serviced with City water and sewer.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may
annex real property that is within the Meridian Urban Service Planning Area as set
forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted
December 21, 1993, Ord. No. 629, January 4, 19947
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan, if changed, and would 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 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-O 1-007)
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
To encourage the kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
4.4 To provide housing opportunities for all economic groups
within the community.
4.5
To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
4.6
To encourage cultural, educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
4.7
To provide community services to fit existing and projected
needs.
4.8
To establish compatible and efficient use of land through
the use of innovative and functional site design.
4.9
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-O1-007)
To encourage a balance of land use patterns to insure that
Page 12
4B.
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
The sections of the Comprehensive Plan that most directly apply to the
proposed project are as follows:
Goals of the Comprehensive Plan
Goal 7: To provide community services to fit existing and projected
needs.
Economic Development Chapter
1.2 -...set aside areas where commercial interest and activities are to
dominate.
1.4 - Positive programs should be undertaken to support existing
commercial areas to ensure their continued vitality...
Land Use Cha__~_~
4.3U - Encourage new commercial development within under-utilized
existing commercial areas.
4.8U- Encourage commercial uses.., to locate in the Old Towa~ district,
business parks, shopping centers and near high-intensity activity areas,
such as freeway interchanges.
Community Design Chaoter
2.2U - Encourage area beautification through uniform sign design that
enhances the community.
4.4U - Encourage landscaped setbacks for new development.
The zonings of Community Business District (C-C) is defined in the
Zoning Ordinance at § 11-7-2 I as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-01-007)
Page 13
(C-C) Community Business District: The purpose of the C-C District is to
permit the establishment of general business uses that are of a larger scale than
a neighborhood business, and to encourage the development of modem shopping
centers with adequate off-street parking facilities, and associated site amenities
to serve area residents and employees; to prohibit strip commercial development
and encourage the clustering of commercial enterprises. All such districts shall
have direct access to a transportation arterial and collector and be connected to
the Municipal water and sewer systems of the City.
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 possible
commercial development.
7. Since the annexation and zon/ng of land is a legislative function, the City
has authority to place conditions upon the annexation of land. See Butt vs. The City of
Idaho Fall~, 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 I2-5-2 N, which pertains to
pressurized irrigation systems.
9. The development of the property shall be subject to and controlled by the
Zoning and Subdivision and Development Ordinances of the City of Meridian.
10. Section 11-16-4 A of the Zoning and Development Ordinance provides in
part as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LAILRY VAN HEES FOR PROPOSED
HARICS cORNER - (AZ-01-007)
Page 14
If property is annexed and zoned, the City may require or permit, as a condition
of the zoning, that an owner or developer mal<e a written commitment concerning
the use or development of the subiect property. If a commitment is required or
permitted, it shall be recorded in the office of the Ada County Recorder and shall
take effect upon the adoption of the ordinance annexing and zoning the property,
or prior if agreed to by the owner of the parcel. Unless the commitment is
modified or terminated by the City Council, the commitment shall be binding on
the owner of the parcel, each subsequent owner, and each other person acquiring
an interest in the property. A commitment is binding on the owner of the
property even if it is unrecorded; however, an unrecorded commiunent 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 3.667
acres to Community Business District (C-C) is granted subject to the terms and
conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 3.667 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3. Developer enter into a Development Agreement that provides in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARICS CORNER - (AZ-O1-007)
Page 15
event the conditions therein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian, which provides for the following
conditions of development, subject to the following, to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
3.1
The legal description submitted with the application meets the
requirements of the City of Meridian and State Tax Commission and
places the parcel contiguous to existing city limits.
3.2
Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation. The Development Agreement
shall address, among other things, specific landscape/common area
requirements, phasing timeframes, any building height limitations,
siguage, pathways, lighting and noise, hours of operation, and other
items as required by the Commission or Council. If annexed, all future
uses shall be required to be approved through the planned development
process and as conditional uses.
3.3
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department.
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
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
3.5
Two-hundred-fifty- and 100-wart, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOK PROPOSED
HAILK'S CORNEK - (AZ-01-007)
Page 16
All streetlights shall be installed at the developer's expense. Typical
locations axe at street intersections and/or fire hydrants.
3.6
Outside lighting shall be designed and placed so as not to directly or
indirectly illuminate any nearby residential areas and shall be in
accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M.
3.7
Off-street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property, or as otherv~se approved
through conditional use (more restrictive parldng requirements may be
applied).
3.8
A drainage plan designed by a State of Idaho licensed architect or
engineer shall be required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. Storm water
treatment and disposal shall be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties
and City of Meridian standards and policies. Off-site disposal into a
surface water is prohibited unless the jurisdiction which has authority
over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
3.9
All signage in 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. No temporary signage, flags, banners or
flashing signs shall be permitted.
3.10 Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
3.11 All'construction shall conform to the requirements of the Americans
with Disabilities Act.
3.12
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-Oi-007)
Underground year-round pressurized irrigation shall be provided to all
Page 17
landscape areas on site. Submit hook-up and design details based on the
proposed landscaping. Due to the size of landscaped area, primary
water supply connection to the City's mains shall not be allowed.
Applicant shall be required to utilize any existing surface or well water
for the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the entire
common open area.
Adopt the Recommendations of the Ada County Highway District as follows:
3.13
Dedicate 45-feet of fight-of-way from the centerline of Linder Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first.
3.14
The existing 36-foot wide driveway on Linder Road located at the south
property line, approximately 220-feet south of the signalized
intersection at Franldin Road, is approved with this application as a
right-in/right-out driveway. Construct a median in Linder Road located
50-feet south of the stop bar at Franklin Road. and extending 50-feet
south of the southern edge of driveway on Linder Road.
3.15
The applicant shall either utilize the existing 36-foot wide right-in/right-
out driveway on Franldin Road located a minimum of 220-feet from the
intersection as right-in/right-out, OR construct a 35-foot wide full access
driveway on FranMin Road located a minimum of 315-feet from the
intersection. If the applicant constructs a right-in/right-out driveway,
then the applicant shall install a median in Franklin Road located 50-
feet west of the stop bar at Linder Road, and extending 50-feet west of
the western edge of driveway on Frarddin Road.
3.16
If the applicant chooses to construct a right-in/right-out driveway
located 220-feet west of Linder Road, then a second driveway shall be
constructed located 440-feet west of Linder Road, and located to align
or offset a minimum of 1 50-feet from any existing or proposed
driveways on the north side of Franldin Road (Cafarelli Subdivision -
approved in 2000). If the applicant chooses to construct a full access
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARICS CORNER - (AZ-01-007)
Page 18
3.17
3.18
driveway located 315-feet west of Linder Road, then a second driveway
shall be constructed located to align or offset a minimum of 150-feet
from any existing or proposed driveways on the north side of Franldin
Road (Cafarelli Subdivision - approved in 2000).
Pave the driveways on Franldin Road their full width and at least 30-
feet into the site beyond the edge of pavement of Franldin Road and
install pavement tapers with 15-foot radii abutting the existing roadway
edge.
Pave the driveway on Linder Road its full width and at least 30-feet into
the site beyond the edge of pavement of Linder Road with 15-foot curb
radii.
3.19 Construct a 5-foot wide concrete sidewalk on Franklin Road abutting
the parcel, where there are not currently improvements. Extend the
sidewalk from its existing location and alignment.
3.20 All existing/proposed irrigation facilities shall be relocated outside of the
right-of-way on Linder Road and Franklin Road.
3.21 Ail utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
3.22 Replace unused curb cuts on Franklin Road with standard curb, gutter
and concrete sidewalk to match existing improvements.
3.23 Other than the access points specifically approved with this application,
direct lot or parcel access to Linder Road or Franldin Road is prohibited.
3.24 The Applicant shall additionally meet all of ACHD's Standard
Requirements required in their letter dated April 18,2001.
3.25 Additionally, ifACHD amends any or all of their recommendations,
then the Applicant shall comply with any such amendments.
Adopt
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HAKK'S CORNER - (AZ-O 1-007)
the Recommendations of the Nampa & Meridian Irrigation District as
Page 19
follows:
3.26
The District requires a Land Use Change/Site Development application
to be filed for the conditional use permit.
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-C) Community Business District, and
Meridian City Code § 11-7-2 I.
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
of this decision and order seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S coRNER - (AZ-O1-007)
Page 20
of
By action of the City Council at its regular meeting held on the /t~7~.~- day
~ff~'d*'~- ,2001.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED
COUNCILMAN KEITH BIRD
VOTED_~
COUNCILWOMAN TAMMY deWEERD
VOTED
COUNCILWOMAN CHERIE McCANDLESS
VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 6 --//q--d2/r
VOTED
MOTION:
APPROVED:~__~ DISAPPROVED:__
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
Dated:
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01 l~ZFindingsClsOrder.doc
15360MkHark's Corner
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
BY LARRY VAN HEES FOR PROPOSED
HARK'S CORNER - (AZ-01-007)
Page 21