HomeMy WebLinkAboutKissler/Cobbs/Ruwe AZ-03-018
BEFORE THE MERIDIAN CITY COUNCIL
C/C 02/24/04
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION )
AND ZONING OF 36.33 ACRES )
FOR PROPOSED )
KISSLER/COBBS/RUWE, )
LOCATED ON THE SOUTH SIDE )
OF USTICK ROAD ON THE EAST )
AND WEST SIDES OF EAGLE )
ROAD/SH 55, MERIDIAN, IDAHO )
)
BRS ARCHITECTS, )
APPLICANT
Case No. AZ-03-018
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public hearing
on October 14, 2003 and continued until October 28,2003, November 5, 2003, January 20,2004,
and February 24,2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the
Planning and Zoning Department, Billy Ray Strite, Greg Eagy, Steve Grant, Jim Lau, and Eric
Davis, appeared and testified, and the City Council having duly considered the evidence and the
record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and
Decision and Order:
FINDINGS OF FACT
1. There has been compliance with all notice and hearing requirements set forth in
Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER/COBBS/RUWE
(AZ-03-018)
PAGE I OF 23
2. The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan ofthe City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3. The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 36.33 acres in size and is located on the
south side of Us tick Road on the east and west sides of Eagle Road/SH-55, Meridian, Idaho, all
within the Area of Impact ofthe City of Meridian and the Meridian Urban Service Planning Area
as defined in the Meridian Comprehensive Plan.
4. The owners of record of the subject property are:
- Ruwe (2 parcels)
- Kennevick/CobbslJordan (1 parcel)
- Kissler (1 parcel - east side)
10.50 ac.
4.48 ac.
21.35 ac.
36.33 ac. *
TOTAL ACREAGE
All property owners have provided notarized consent for the subject application.
* Additionally, since the filing of the Annexation and Zoning application, Mr. Eagy, who
owns 3 parcels consisting of 11.915 acres, withdrew his application at the City Council
meeting held on November 5, 2003. The 36.33 acres does not include the Eagyparcel.
5. Applicant is BRS Architects.
6. The property is presently zoned RUT and consists oflow density residential and
vacant land.
7. The Applicant requests that the property be zoned as C-G (General Commercial).
8. The subject property is surrounded by the following properties:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER/COBBS/RUWE
(AZ-03-018)
PAGE 2 OF 23
North - One single family residence on 1.5 acres, zoned RUT (Ada Co.); large,
undeveloped parcels, zoned RUT, and owned by W.H. Moore and Caven, Inc. (both
designated as MU-Regional on the Future Land Use Map)
South - On the west side of Eagle Road, an undeveloped, l7-acre parcel, zoned RUT (no
existing residence); on the east side of Eagle Road, an undeveloped 21-acre parcel, zoned
RUT. The 2l-acre parcel is owned by Harry and Frances Bryson and is proposed as part
of the pending Redfeather Estates annexation to a CoG zone (public hearing on 9-18-03).
East - Two rural residential and pasture land parcels, zoned RUT (Ada Co.), both owned
by the same party; the parcel with U stick frontage has an existing residence; designated as
Mixed Use-Regional on Future Land Use Map
West - Five (5) existing residential lots within Carol's Subdivision, zoned R-1 (Ada Co.)
9. The Applicant has submitted a Concept Plan with the Annexation and Zoning of
36.33 acres to CoG, with the Concept Plan dated December 22,2003 showing Commercial uses,
Commercial/Office uses, High Density Commercial uses, Multi-family residential uses,
Residential uses, and Transitional uses, and all uses shall be required to go through the
Conditional Use Permit process for approval.
10. The Applicant requests zoning of the subject real property as CoG, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map, which designates
the subject property as Mixed Use-Regional.
11. There are no significant or scenic features of major importance that affect the
consideration of this application.
12. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER/COBBS/RUWE
(AZ-03-0 18)
PAGE 3 OF 23
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
I. The parcel is contiguous to existing city limits.
2. Essential City services will be made available to the subject property.
3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be
entered into between the City of Meridian and the three (3) property owners. (Mr.
Eagy withdrew his Annexation and Zoning request at the November 5, 2003 City
Council meeting.) The DA shall require that all future uses within the boundaries of
this annexation only be approved through the Conditional Use Permit process and
either a public or private backage street parallel with Eagle Road/SH 55 be
incorporated into the design of future site plans. A conceptual master plan
demonstrating interconnectivity, transitional uses, access points and other key land
planning issues is required prior to any CUP applications being submitted for any of
the three (3) parcels on the west side of Eagle Road/SH 55. Any residential uses
required by the City Council shall also be addressed as part of the DA.
The DA shall also cite the following Comprehensive Plan policies (from Chapter
VI and VII) as applicable to all future development within the boundaries of this
annexation:
Transportation Policies Applicable to the Kissler Annexation:
. "Large development proposals that are likely to generate significant traffic
should be assessed for their impact on the transportation system and
surrounding land uses. They should be examined for ways to encourage all
forms of transportation such as transit, walking, and cycling.
. New development should not rely on cul-de-sacs since they provide poor fire
access, walkability, and neighborhood social life. New development and
streets should be designed to encourage walking and bicycling.
. In addition to providing for enhanced automobile traffic, Meridian should seek
ways to encourage alternative modes of transport. Improvement in and
encouraged use of public transit systems is an important first step. Public
transit includes bus systems and ridesharing. By fostering such means of high
vehicle occupancies, congestion on roadways can be decreased.
. Pathways that encourage use by bicyclists and pedestrians can decrease road
congestion and add to the community's quality of life. The proposed off-street
and multiple-use pathway systems are depicted in Figures VI-3 and VI-4.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER/COBBS/RUWE
(AZ-03-0l8)
PAGE 4 OF 23
New and existing developments should ensure that the guidelines laid out in
this plan are adopted.
. Eagle Road is the major north-south arterial in Ada County. The capacity of
this arterial should be protected by minimizing the number and location of
private driveway access connections to this important roadway. The City
should recognize, adopt, and help implement the Eagle Road Access Control
Study, prepared by ACHD in 1997."
Mixed Use Development Policies Applicable to the Kissler Annexation:
. "Where feasible, multi-family residential uses will be encouraged, especially
for projects with the potential to serve as employment destination centers and
when the project is adjacent to State Highways 20-26, 55 or 69;
. Where mixed use developments are phased, a conceptual site plan for the
entire mixed use area is encouraged with the development application or,
depending on the scope of the development, prior to a formal development
application being submitted;
. In developments where multiple commercial and/or office buildings are
proposed (not residential), the buildings should be arranged to create some
form of common, usable area, such as a plaza or green space;
. Where the project is developed adjacent to low or medium density residential
uses, a transitional use is encouraged."
4. Remove any existing domestic wells and/or septic systems within this project from
their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
B. Adopt the Recommendations of the ACHD as follows:
1. The applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby the
applicant is reimbursed from impact fees to be collected solely from the applicant's
specific development project) 48-feet of right-of-way from centerline along Ustick Road,
and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a
minimum of 41-feet from the centerline ofthe right-of-way.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER/COBBS/RUWE
(AZ-03-018)
PAGE 5 OF 23
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Ustick Road, located a minimum of 4l-feet from the centerline ofthe
right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Ustick Road, located at the back edge of the existing right-of-way.
Accomplish all necessary adjustments to properly accommodate existing drainage and
utilities.
2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset
a minimum of 300-feet from an arterial roadway (measured centerline to centerline).
3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a
minimum of230-feet from any existing or proposed driveway or street.
4. Once the access points have been approved by the District, they are to be identified as
such on the construction drawings. The remaining frontage along arterial and collector
streets shall be identified as having no access.
5. Comply with requirements ofrrD for Eagle Road frontage. Submit a letter from ITD
regarding the said requirements prior to District approval of the final plat or issuance of a
building permit (or other required permits), whichever occurs first. Contact The Idaho
Transportation Department's District III Traffic Engineer Dan Coonce at 334-8300.
6. Comply with all Standard Conditions of Approval.
7. Any existing irrigation facilities shall be relocated outside ofthe right-of-way.
8. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
9. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
10. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
11. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER/COBBS/RUWE
(AZ-03-0l8)
PAGE 6 OF 23
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certifY all improvement plans.
12. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
13. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
14. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance # 197, also known as Ada County Highway District Road
Impact Fee Ordinance.
15. It is the responsibility of the applicant to verifY all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACHD right-of-way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare
or filled) are compromised during any phase of construction.
16. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative ofthe Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
17. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
ofthe subject property unless a waiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400'
apart. (IFC)
2. Acceptance of the water supply for fire protection will be by the Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER/COBBS/RUWE
(AZ-03-018)
PAGE 7 OF 23
Water Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department which will
be submitted to the Public Works Department. All curbing in front of fire hydrants shall be
painted red for 10' on each side of the installation.
4. All roads shall have a turning radius of28' inside and 48' outside.
5. Operational fire hydrants and temporary or pennanent street signs are required before combustible
construction begins. UFC 901.4.2 & 901.3
6. The phasing plan may require that any roadway greater than 150' in length that is not provided with
an outlet shall be required to have a turn around.
D. Adopt the Recommendations of the State of Idaho Transportation Department as follows:
I. SH/55 has been designated a Principal Arterial. IDT would like to preserve this
corridor by recognizing the following conditions:
a. Future right of way widths will be: A: 120 feet each side of centerline (240 feet
total) for building setbacks and to include a frontage road, or B: 70 feet each side of
centerline (140 feet total) if the developer provides an internal frontage road type
system to feeder roads.
2. Access to a Principal Arterial Type IV will be intersections only, and spaced at one
mile intervals in rural areas and one-half mile intervals in urban areas. Approaches
(other than intersections) may be permitted in special cases and on a temporary basis
as follows:
(1) Allowed until state highway system is improved by a construction project at
which time an access will be provided to the property, which may not directly access
the state highway system, but may be via a frontage or backage road.
(2) Shall be recorded at the County Recorders Office.
(3) Temporary access restrictions will be noted on the permit.
3. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and
will be constructed off of the State right-of-way.
E. Adopt the action of the City Council taken at their February 24, 2004 meeting as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KlSSLER/COBBS/RUWE
(AZ-03-018)
PAGE 8 OF 23
I. All uses must be approved through the Conditional Use Permit process as shown on
the Concept Plan, dated: DEC. 22 2003, NO. 1529, as presented at the February 24,
2004 City Council meeting, and which Concept Plan is hereby approved and attached
hereto as Exhibit "C".
13. It is found that the 2002 Comprehensive Plan Future Land Use Map designates all of
the subject properties as "Mixed Use - Regional." The purpose of this designation is "to provide for
a combination of compatible land uses that are typically developed under a master or conceptual
plan. . .and to identifY key areas [of the City] which are either infill in nature or situated in highly
visible or transitioning areas of the City where innovative and flexible design opportunities are
encouraged. The intent of this designation is to offer the developer a greater degree of design and use
flexibility." (See Chapter VII, pg. 97.) The requested C-G zoning generally conforms to this stated
purpose and intent ofthe MU-Regional designation.
It is also found that the following 2002 Comprehensive Plan text policies to be applicable to
this application:
Mixed Use Area Como Plan Policies (from Chaoter VII)
· All development within this designation will occur only under the Conditional Use
Permit process, except the Mixed Use-Regional (areas). A CUP application would not
be needed (for developments within the MU-Regional area) unless a project lies
within 300 feet of an existing residence or school or CUP is otherwise required per
ordinance.
· Where feasible, multi-family residential uses will be encouraged, especially for
projects with the potential to serve as employment destination centers and when the
project is adjacent to State Highways 20-26, 55 or 69.
· Where mixed use developments are phased, a conceptual site plan for the entire
mixed use area is encouraged with the development application or, depending on the
scope of the development, prior to a formal development application being submitted.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER/COBBS/RUWE
(AZ-03-018)
PAGE 9 OF 23
· Where the project is developed adjacent to low or medium density residential uses, a
transitional use is encouraged.
. Residential density allowed of 3 to 40 units/acre.
· No upper limit of non-residential uses (square footage).
(See Chapter VII, pgs. 97-98, for the above-mentioned mixed use policies.)
· Permit new. . .commercial development only where urban services can be reasonably
provided at the time of final approval and development is contiguous to the City.
(Chapter IV, Goal I, Obj. A, #6)
· Encourage high-tech, research, pharmaceutical firms and high-quality retail facilities.
(Chapter IV, Goal II, Obj. A)
· Require all developments adjacent to designated entryway corridors to provide a
minimum of35 feet of high quality, professional landscaping on the site adjacent to the
roadway. (Chapter V, Goal III, Obj. B, #8)
· Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial
should be protected by minimizing the number and location of private driveway access
connections to this important roadway. The City should recognize, adopt and help
implement the Eagle Road Access Control Study, prepared by ACHD in 1997. (Chapter
VI, Subsection 2, pg. 71)
· Locate new community commercial areas on arterials or collectors near residential areas
in such a way as to complement with adjoining residential areas. (Chapter VII, Goal I,
Obj. B, #5)
· Develop incentives for high-density development along major transportation corridors to
support public transportation system. (Chapter VII, Goal IV, Obj. D, #7)
14. The general vicinity of this project is experiencing a rapid change from agricultural
and low density residential uses to commercial/urban type development. Carol Professional Center is
a six acre office park (zoned L-O) located less than a '4 mile south of the subject property on the
west side of Eagle Road. Municipal water was extended east of Eagle Road a few years ago to serve
Summer's Funeral Home. Providence Place Subdivision is a large, urban density residential
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER/COBBS/RUWE
(AZ-03-018)
PAGE 10 OF 23
subdivision located in Boise City less than 800 feet east of the Kissler parcel. W.H. Moore Company,
who owns the 55+ acres at the NW comer of Us tick and Eagle, has had numerous discussions with
the City regarding their intentions to develop a commercial/office park. It is found that a rezone of
the proposed property would be compatible with other land use and facility changes in the area.
15. No uses are proposed with this application. Certain permitted uses in the C-G zone
such as bus stations, outdoor entertainment uses, wholesale facilities and service stations, could have
a negative impact on the existing residential uses, especially upon Carol's Subdivision. The other
existing single-family uses near the subject property (the Nesmith and Dealy parcels) are designated
as future mixed use in the comprehensive plan. It is found that any future uses, if designed,
constructed and operated in accordance with adopted city ordinances and future CUP applications,
should be harmonious and appropriate in appearance with the existing character ofthe vicinity.
16. It is found that the majority of future uses on the subject property will not be
hazardous or disturbing to existing or future neighboring uses if the requirements of all development
and landscaping ordinances are met. Some uses may be disturbing to existing residential uses to the
west but mitigation by conditions imposed through the Conditional Use Permit process should
minimize those impacts.
17. It is found that roadway improvements will be required on Ustick Road to handle the
additional traffic generated by future development. Sanitary sewer and water are either currently
available or under construction to provide service to the area. All other public services and facilities
noted above appear to be adequate to service this property.
18. It is found that this development will not cause excessive additional requirements at
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KlSSLER/COBBS/RUWE
(AZ-03-0 18)
PAGE 11 OF 23
public cost. The South Slough Trunk extension was funded by the City of Meridian. Other required
site improvements will be funded and constructed by the developer. It is also found that the
annexation and zoning alone will not be detrimental to the community's economic welfare.
19. It is found that several of the allowed uses in the C-G zone may involve activities,
processes, materials, equipment or conditions that could produce excessive traffic and noise and have
other public impacts. MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of some uses such
as fire hazards, bulk storage, and contractor's yards. To comply with this finding, it is recommended
that a CUP be required for future uses, paying particular attention to uses along the shared boundary
of Carol's Subdivision.
20. It is found that any future uses will impact the level and flow of traffic on the
surrounding streets. Specific traffic counts will be determined at the time of development
application. In accordance with Comp Plan policy #12 (pg. 79) and policy #2 (pg. 107), it is found
that the number of vehicular access points to Ustick and Eagle Roads should be restricted and
comply with ACHD policies in order to preserve the capacity and movement on these roadways at
build-out.
21. It is found that the Milk Lateral bisects the proposed annexation properties and that
the annexation alone will not result in the destruction, loss or damage of other natural features.
22. It is found that the annexation of this property would be in the best interest of the City
for the following reasons:
· increased commercial land base available to fUture developers;
· increased property tax revenue;
· municipal services are available to the area; and
· application substantially complies with the Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER/COBBS/RUWE
(AZ-03-018)
PAGE 12 OF 23
It is also found that, based upon the information submitted in the application, it is difficult
to fully determine "best interest" factors, since no future users are known at this time. The
CUP/PD process does grant the City a fairly high degree of design and use review authority, but
the additional demand on staff to process such applications should also be considered.
23. 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. 12, and all sub-parts, the economic
welfare of the City and its residents and tax and rate payers will be protected, a condition of
annexation and zoning designation.
24. It is also found that the development considerations as referenced in Finding No.
12 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.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KlSSLER/COBBS/RUWE
(AZ-03-018)
PAGE 13 OF 23
Meridian City Code S 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4. The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Chapter VII, pgs. 97 and 98
Chapter IV, Goal I, Obj. A, #6
Chapter IV, Goal II, Obj. A
Chapter V, Goal III, Obj. B #8
Chapter VI, Subsection 2, pg. 71
Chapter VII, Goal I, Obj. B, #5
Chapter VII, Goal IV, Obj. D, #7
5. The zoning of(C-G) General Retail and Service Commercial is defined in the Zoning
Ordinance at S 11-7-2 K as follows:
(C-G) General Retail And Service Commercial District: The purpose of the C-G District
is to provide for commercial uses which are customarily operated entirely or almost entirely
within a building; to provide for a review of the impact of proposed commercial uses which
are auto and service oriented and are located in close proximity to major highway or arterial
streets; to fulfill the need of travel-related services as well as retail sales for the transient and
permanent motoring public. All such districts shall be connected to the Municipal water and
sewer systems of the City, and shall not constitute strip commercial development and
encourage clustering of commercial development.
6. Since the annexation and zoning of land is a legislative function, the City has
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER/COBBS/RUWE
(AZ-03-018)
PAGE 14 OF 23
authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
7. The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
1. The applicant's request for annexation and zoning of approximately 36.33 acres to
(C-G) General Retail and Service Commercial is granted subject to the terms and conditions of
this Order hereinafter stated.
2. The application is for annexation and zoning of 36.33 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to meet the conditions set forth and in the event the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER/COBBS/RUWE
(AZ-03-0 18)
PAGE 15 OF 23
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
1. The parcel is contiguous to existing city limits.
2. Essential City services will be made available to the subject property.
3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be
entered into between the City of Meridian and the three (3) property owners. (Mr.
Eagy withdrew his Annexation and Zoning request at the November 5, 2003 City
Council meeting.) The DA shall require that all future uses within the boundaries of
this annexation only be approved through the Conditional Use Permit process and
either a public or private backage street parallel with Eagle Road/SH 55 be
incorporated into the design of future site plans. A conceptual master plan
demonstrating interconnectivity, transitional uses, access points and other key land
planning issues is required prior to any CUP applications being submitted for any of
the three (3) parcels on the west side of Eagle Road/SH 55. Any residential uses
required by the City Council shall also be addressed as part ofthe DA.
The DA shall also cite the following Comprehensive Plan policies (from Chapter
VI and VII) as applicable to all future development within the boundaries of this
annexation:
Transportation Policies Applicable to the Kissler Annexation:
· "Large development proposals that are likely to generate significant traffic
should be assessed for their impact on the transportation system and
surrounding land uses. They should be examined for ways to encourage all
forms of transportation such as transit, walking, and cycling.
· New development should not rely on cul-de-sacs since they provide poor fire
access, walkability, and neighborhood social life. New development and
streets should be designed to encourage walking and bicycling.
· In addition to providing for enhanced automobile traffic, Meridian should seek
ways to encourage alternative modes of transport. Improvement in and
encouraged use of public transit systems is an important first step. Public
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER/COBBS/RUWE
(AZ-03-018)
PAGE 16 OF 23
transit includes bus systems and ridesharing. By fostering such means of high
vehicle occupancies, congestion on roadways can be decreased.
· Pathways that encourage use by bicyclists and pedestrians can decrease road
congestion and add to the community's quality oflife. The proposed off-street
and multiple-use pathway systems are depicted in Figures VI-3 and VI-4.
New and existing developments should ensure that the guidelines laid out in
this plan are adopted.
· Eagle Road is the major north-south arterial in Ada County. The capacity of
this arterial should be protected by minimizing the number and location of
private driveway access connections to this important roadway. The City
should recognize, adopt, and help implement the Eagle Road Access Control
Study, prepared by ACHD in 1997."
Mixed Use Development Policies Applicable to the Kissler Annexation:
· "Where feasible, multi-family residential uses will be encouraged, especially
for projects with the potential to serve as employment destination centers and
when the project is adjacent to State Highways 20-26, 55 or 69;
· Where mixed use developments are phased, a conceptual site plan for the
entire mixed use area is encouraged with the development application or,
depending on the scope of the development, prior to a formal development
application being submitted;
· In developments where multiple commercial and/or office buildings are
proposed (not residential), the buildings should be arranged to create some
form of common, usable area, such as a plaza or green space;
· Where the project is developed adjacent to low or medium density residential
uses, a transitional use is encouraged."
4. Remove any existing domestic wells and/or septic systems within this project from
their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
B. Adopt the Recommendations ofthe ACHD as follows:
1. The applicant shall do one of the following:
a. Dedicate by donation (or through a development offset agreement whereby the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER/COBBS/RUWE
(AZ-03-0 18)
PAGE 17 OF 23
applicant is reimbursed from impact fees to be collected solely from the applicant's
specific development project) 48-feet of right-of-way from centerline along Ustick Road,
and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a
minimum of 41-feet from the centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the
right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Ustick Road, located at the back edge of the existing right-of-way.
Accomplish all necessary adjustments to properly accommodate existing drainage and
utilities.
2. Construct any local roadways that are proposed to intersect Ustick Road to align or offset
a minimum of 300-feet from an arterial roadway (measured centerline to centerline).
3. Construct any driveways that are proposed to intersect Ustick Road to align or offset a
minimum of 230- feet from any existing or proposed driveway or street.
4. Once the access points have been approved by the District, they are to be identified as
such on the construction drawings. The remaining frontage along arterial and collector
streets shall be identified as having no access.
5. Comply with requirements ofrrD for Eagle Road frontage. Submit a letter from ITD
regarding the said requirements prior to District approval of the final plat or issuance of a
building permit (or other required permits), whichever occurs first. Contact The Idaho
Transportation Department's District III Traffic Engineer Dan Coonce at 334-8300.
6. Comply with all Standard Conditions of Approval.
7. Any existing irrigation facilities shall be relocated outside of the right-of-way.
8. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
9. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER/COBBS/RUWE
(AZ-03-018)
PAGE 18 OF 23
10. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
11. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certifY all improvement plans.
12. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
13. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
14. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
15. It is the responsibility of the applicant to verifY all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DlGLINE (1-800-342-1585) at least two
full business days prior to breaking ground within ACHD right-of-way. The applicant
shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare
or filled) are compromised during any phase of construction.
16. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
17. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless a waiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER/COBBS/RUWE
(AZ-03-018)
PAGE 19 OF 23
I. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400'
apart. (IFe)
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department which will
be submitted to the Public Works Department. All curbing in front of fire hydrants shall be
painted red for 10' on each side of the installation.
4. All roads shall have a turning radius of28' inside and 48' outside.
5. Operational fire hydrants and temporary or pennanent street signs are required before combustible
construction begins. UFC 901.4.2 & 901.3
6. The phasing plan may require that any roadway greater than 150' in length that is not provided with
an outlet shall be required to have a turn around.
D. Adopt the Recommendations of the State ofIdaho Transportation Department as follows:
1. SH/55 has been designated a Principal Arterial. IDT would like to preserve this
corridor by recognizing the following conditions:
a. Future right of way widths will be: A: 120 feet each side of centerline (240 feet
total) for building setbacks and to include a frontage road, or B: 70 feet each side of
centerline (140 feet total) if the developer provides an internal frontage road type
system to feeder roads.
2. Access to a Principal Arterial Type IV will be intersections only, and spaced at one
mile intervals in rural areas and one-half mile intervals in urban areas. Approaches
(other than intersections) may be permitted in special cases and on a temporary basis
as follows:
(1) Allowed until state highway system is improved by a construction project at
which time an access will be provided to the property, which may not directly access
the state highway system, but may be via a frontage or backage road.
(2) Shall be recorded at the County Recorders Office.
(3) Temporary access restrictions will be noted on the permit.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER/COBBS/RUWE
(AZ-03-018)
PAGE 20 OF 23
3. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and
will be constructed off of the State right-of-way.
E. Adopt the action of the City Council taken at their February 24, 2004 meeting as follows:
1. All uses must be approved through the Conditional Use Permit process as shown on
the Concept Plan, dated: DEC. 22 2003, NO. 1529, as presented at the February 24,
2004 City Council meeting, and which Concept Plan is hereby approved and attached
hereto as Exhibit "C".
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-G) General Retail and Service Commercial District, and Meridian City Code S 11-
7-2.
5. Subsequent to the passage of the Ordinance provided for in section 4 ofthis Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance
with the provisions ofthe annexation and zoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER/COBBS/RUWE
(AZ-03-018)
PAGE 21 OF 23
Please take notice that this is a final action of the governing body of the City of Meridian,
pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real
property which may be adversely affected by this decision may, within twenty-eight (28) days after
the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the
q-/6..
day of
1J1/1A~
,2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED~
VOTED*tL-
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 3-9- tJ4-
MOTION:
APPROVED:--P- DISAPPROVED:
VOTED
-
-----:::~~ -,
Mayor T oe eerd
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER/COBBS/RUWE
(AZ-03-018)
PAGE 22 OF 23
By: JI~#~ 9vDated: j'-f-tJ4- ::_.
City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR KISSLER/COBBS/RUWE
(AZ-03-0l8)
PAGE 23 OF 23