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HomeMy WebLinkAboutFindings `.....J MERIDIAN PLANNING & ZONING COMMISSION MEETING: March 11,1997 APPLICANT: A'a LLC AGENDA ITEM NUMBER: 12 REQUEST: PUBLIC HEARING: REQUEST FOR ANNEXATION20NING OF APPROX. 4.26 ACRES TO L-O AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" ,u~/ SEE ATTACHED COMMENTS `~nJ~ V '~ . ~ L -- ~ '~ V" ~. 1.1 SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING & ZONING COMMISSION MEETING: April 8.1997 APPLICANT: A'a LLC AGENDA ITEM NUMBER: 3 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNE TION/ZONING TO L-O AGENCY CITY CLERK: CITY ENGINEER: GITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS Cl v ~~~~ ~~~~ ~~ ~' ~~- c- p~J ~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. OFFICIALS ~ ~ HUB OF TREASURE VALLEY COUNCIL MEMBER WILLIAM G. BERG, JR., City Clerk A Good Place to Live JANICE L. SMITH City Treasurer WALT W. MORROW, President , GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN BR RONALD R. TOLSMA EE C L UCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water Supt. G ENN R. BENTLEY 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMIS. ION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 KENNETH W. BOWERS Fire Chlef JIM JOHNSON Chairman , W.L. "BILL" GORDON, Police Chief Public Works/Building Department (208) 887-2211 , TIM HEPPER WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 J!M SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor MEMORANDUM March 6, 1997 TO: Planning & Zoning Commission, Mayor and Council FROM: Bruce Freckieton, Assistant to City Engineer Shari Stiles, Planning & Zoning Administrator SUBJECT: Request for Annexation and Zoning to L-O with a Conditional Use Permit for a Professional Office Building by A'a LLC (Roger Smith) We have reviewed this submittal and offer the following comments; for your information and consideration as conditions of the Applicant during the hearing process. GENERAL COMMENT Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said .approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the. development plans. 4. Surety will be secured for any uncompleted improvements prior to temporary Certificate of Occupancy being issued. 5. Coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies. Fire hydrant locations shall be depicted on development plans. 6. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 7. All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs will not be permitted. All signs are subject to review and C:\OFFICE\W PWIN\WFDOCS\AALLCANX.CUP ! ~ P&Z Commission/1Vlayor & Council March 6, 1997 Page 2 approval of the Planning & Zoning Department. Sign permits are to be obtained prior to their construction. 8: Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. No trash enclosure is shown on the plan. 9. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 10. Respond, in writing, to each of the comments contained in this memorandum, both General and Site Specific, and submit to the City Clerk's Office -prior to the. scheduled hearing. SITE SPECIFIC C(~MMRNT The .legal description submitted for annexation and zoning appears to meet the minimum requirements of the City of Meridian and the Idaho State Tax Commission. 2. Sanitary sewer service to this site will, be via an extension from the sewer main installed in Magic View Drive. The treatment capacity of'the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department. 3. Water service for this development shall be off of an extension. of an existing 12-inch diameter main in Franklin Road. Developer shall be responsible to extend the 12-inch diameter main in Franklin Road for the entire frontage of the property. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. The subdivision designer is to coordinate sizing and routing with the Meridian Public Works Department. The water mains and fire hydrants shall be installed by the developer and then dedicated to the City for ownership and maintenance. 4. Provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties, as determined by the City of Meridian. C:\OFFICE\W P W IN\ W pDpCS\AALLCANX. CUP P&Z Commission/Mayor & Council March 6, 1997 Page 3 All landscaping is to meet the requirements of Ordinance Section 11-2-414.D.2. Underground sprinkling and a minimum of one (1) three-inch (3 ") caliper tree per 1, 500 square feet of asphalt is required by City Ordinance. Detailed landscape plans will be reviewed during the building permit approval process. A minimum 35-foot landscape setback is required on Eagle Road beyond required right-of--way. As the site is severely impacted by the additional right-of--way on Franklin Road, the 20-foot landscape buffer shown should be sufficient. The Applicant can obtain a license agreement with Ada County Highway District to allow some limited landscaping in this area until the right-of- way is needed for roadway construction, 6. Building setbacks in the L-O zone are 30 feet from the front and 25 feet on street sides. A variance would be needed to allow a reduction. in the front setback under the proposed site plan. With the high-quality building proposed, the building itself would be an asset that would be better presented without a parking lot in front of it. 7. A pressurized irrigation system utilizing surface irrigation water shall be required within this development. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered. 8. The project proposes two-story structures which would be adjacent to residential backyard areas. Special design considerations need to be incorporated to ensure privacy is achieved. With the daytime office use, this should not be particularly intrusive. Retail use will not be permitted. A minimum 20-foot-wide planting strip is required adjacent to residential properties per City Ordinance. As the landscaping plan shows trees planted directly over the ditch which is to be tiled, the City will need verification from Nampa- Meridian Irrigation District that the landscaping plan shown can be accomplished. A masonry fence or other suitable barrier may need to be provided in addition to landscaping proposed. 9. Provide pedestrian walkways adjacent to Franklin Road and Eagle Road in accordance with City Ordinance and Ada County Highway District requirements. 10. Applicant is to provide evidence (recorded warranty deed) that needed right-of--way has been dedicated prior to obtaining building permits. Provide letters of approval from Ada County Highway District and the Idaho Transportation Department for roadway accesses prior to obtaining building permits. 11. Significant changes from the site plan approved under this conditional use permit, as deternuned by the Planning & Zoning Administrator, will require re-noticing and rehearing before the Planning & Zoning Commission and Council. C:\OFFICE\WPWIN\WpDOCS~ 4ALLCANX.CUP P&Z Commission/Mayor & Council March 6, 1997 Page 4 12. The site plan need to be corrected to show the Franklin Road centerline instead of Eagle Road. 13. A development agreement is required as a condition of annexation and zoning. C:10FFICE\WP WIN\WPDOCS\AALLCANX.CUP • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION A' a , I,LC APPLICATION FOR ANNEXATION AND ZONING A PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO SOUTH OF FRANKLIN ROAD, WEST OF EAGLE ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND. CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for public hearing on March 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representative, Roger Smith, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of .Law: 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 March 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 11, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property included in the application for annexation and zoning is described in the application, and by this reference FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. ANNEXATION AND ZONING - A'a, LLC • • is incorporated herein as if set forth in full. The property is approximately 4.26 acres in size. 3. The Applicant is not the owner of record of the property. The record owner of the property, is Swiss Management International, Inc., and it has consented to the application .for the annexation and zoning of the property. 4. '.The property is presently zoned by Ada County as R3 Low Density Residential Zone, and is vacant land. The Applicant requests the property be zoned (L-O), Limited Office District. The Applicant has requested the annexation and this zoning, and the application is not at the request, of the City of Meridian. 5. The proposed use of the property is as professional .office buildings. 6. The property is located at the southwest corner of the intersection of Franklin Road and Eagle Road. 7. The Ada County Highway District has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 8. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted general and site specific comments which comments are incorporated herein as if set forth in full. Their general. and site specific comments included the following. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. ANNEXATION AND ZONING - A'a, LLC 1 U GENERAL COMMENTS: • a. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605 M. Plans will need to be approved by the appropriate irrigation/drainage district or lateral users association, with written confirmation. of said approval submitted to the Public Works Department; b. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation; c. The Applicant will need to determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans; d. The Applicant will need to secure a surety for any uncompleted improvements prior to temporary Certificate of Occupancy being issued; e. The Applicant will need to coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent and. Meridian Fire Department policies. Fire hydrant locations shall be depicted on development plans; f. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act; g. All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs will not be permitted. All signs are subject to review and approval of the Planning and Zoning Department. Sign permits are to be obtained prior to their construction; h. Screened trash enclosures are to be provided in accordance with City ordinances. The. Applicant will need to coordinate dumpster site locations with the City's solid waste contractor. The Applicant will need to locate dumpsters so as not to impede fire access. No trash enclosure is shown on the plan; and i. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. ANNEXATION AND ZONING - A'a, LLC District. Graveled driveways, parking and access are unacceptable. A drainage plan designed by a state of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off- street parking areas. All site drainage shall be contained and disposed of on-site. SITE SPECIFIC COMMENTS: a. The legal description submitted for annexation and zoning appears to meet the minimum requirements of the City of Meridian and the Idaho State Tax Commission; b. Sanitary sewer to this site will be via an extension from the sewer main installed in Magic View Drive. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs. to be contingent upon our ability to accept the additional sanitary sewage generated by the proposed development. The designer is to coordinate main sizing and routing with the Meridian Public Works Department; c. .Water service for this development shall be off an extension of an existing 12 inch diameter main in Franklin Road. The developer shall be responsible to extend the 12 inch diameter main in Franklin Road the entire frontage of the property. Water service to this development is contingent upon positive results from a hydraulic analysis by the City's compute model. The designer is to coordinate sizing and routing with the Meridian Public Works Department. The water mains and fire hydrants shall be ,installed by the developer and then dedicated to the City for ownership and maintenance; d. The Applicant is to provide .parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed not to cause glare or adversely impact neighboring residential properties as determined by the City of Meridian; e. All landscaping is to meet the requirements of Ordinance Section 11-2-414 D 2. Underground sprinkling and a minimum of one three inch caliper tree per 1,500 square feet of asphalt is required by City ordinance. Detailed landscape plans. will be reviewed during the building permit approval process. A minimum 35 feet landscape setback is required on Eagle Road beyond the right-of-way. As the site is severely impacted by the additional right-of-way on Franklin-Road, the 20 feet landscape buffer shown should be sufficient. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. ANNEXATION AND ZONING - A'a, LLC • Applicant can obtain Highway District to this area until the construction; a license agreement with Ada County allow some limited landscaping in right-of-way is needed for roadway f. Building setbacks in the. (L-O) Limited Office District zone are 30 feet from the front and 25 feet on street sides. A variance would be needed to allow a reduction in the front setback under the proposed site plan. With the high-quality building proposed, the building itself would be an asset that would be better presented without a parking lot in front of it; g. A pressurized irrigation system utilizing surface irrigation water shall be required within- this development. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered; h. The project proposes a two-story structure which would be adjacent to residential backyard areas. Special design considerations need to be incorporated to ensure privacy is achieved. With the daytime office use, this should not be particularly intrusive. Retail use will not be permitted. A minimum 20 feet wide planting strip is required adjacent to residential properties per City ordinance. As the landscaping plan shows trees planted directly over the .ditch which is to be tiled, the City will need verification from the Nampa & Meridian Irrigation District that the landscaping plan shown can be accomplished. A masonry fence or other suitable barrier may need to be provided in addition to landscaping proposed; i. The Applicant is to provide pedestrian walkways adjacent to Franklin Road and Eagle Road in accordance with City ordinance and Ada County Highway District requirements; j. ,The Applicant is to provide evidence by recorded warranty deed that needed right-of-way has been dedicated prior to obtaining building permits. The Applicant is to provide letters of approval from the Ada County Highway District and the Idaho Transportation Department for roadway accesses prior to obtaining building permits; k. Significant changes from the site plan approved in the conditional use permit process, as determined by the Planning and Zoning Administrator, will require re- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. ANNEXATION AND ZONING - A'a, LLC noticing and rehearing before the Planning and Zoning Commission and the Council; 1. The site plan needs to be corrected to show the Franklin Road centerline instead of the Eagle Road centerline; and m. A development agreement is required as a condition of annexation and zoning. 9. The Applicant responded in writing to the general and site specific comments of the Assistant to the City Engineer and the Planning and Zoning Administrator, which responses are incorporated herein as if set forth in full. 10. The Meridian Fire Department and the Meridian City Police Department submitted comments, which respective comments are incorporated herein as if set forth in full. 11. Central District Health Department submitted comments which comments are incorporated herein as if set forth in full. Its comments included that it will require more .data concerning the soil conditions on this proposal before it can comment; that before it can comment concerning individual sewage disposal, it will require more data concerning the depth of the high seasonal ground water; that street runoff is not to create a mosquito breeding problem; and that a nutrient pathogen study may be required to determine impacts to groundwater from subsurface sewage disposal. 12. The Nampa & Meridian Irrigation District has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. ANNEXATION AND ZONING - A'a, LLC 13. The Applicant's representative testified substantially as follows. The primary purpose is the construction of three professional office buildings. The proposed project meets with the City's Comprehensive Plan for the general area in which the property is located to be rezoned to commercial and mixed use. The Applicant has received the City's requirements for the annexation and zoning, and for the issuance of a conditional use permit, with which it is in concurrence. It has responded to said requirements of the City in writing by a letter to the City. The Applicant feels that this project would be an excellent use for the property compared to other possible uses for the commercial .and mixed use zone. The plan is to have a very high quality construction of the buildings. The proposed construction and development is a split face masonry building with glass block and tinted glass on the exterior with an extensive amount of landscaping. The landscaping is to help both screen the project from the adjacent residential uses and to buffer noise from both major thoroughfares which this project abuts. The buildings are planned to follow the existing topography and blend into the existing terrain. The building in the northeast corner of the property is planned as two stories above ground to hide some of the parking. Some of the parking will be underneath the main building. There will be elevators in the corners of the parking area, as well as, enclosures for trash containers. The two lower buildings will be two stories each with a daylight basement concept. The lower floor will be completely below grade of the uphill side of the structure. Walkways are FINDINGS OF. FACT AND CONCLUSIONS OF LAW - Page 7. ANNEXATION AND ZONING - A'a, LLC planned in the berms in the area adjacent to the roadways. With regard to the City's landscaping requirements, the Applicant proposes 20 feet landscaping buffer along Franklin Road due to the Ada County Highway District's request for right-of-way. Along Eagle Road there will be a 35 feet landscaping buffer. The Ada County Highway District has not resolved. whether it will require 100 feet or 54 feet of right-of-way along Franklin Road. With respect to the requirements of the Ada County Highway District, the Applicant wanted 54 feet to avoid impacts upon the zoning of the property as Limited Office District and the setback requirements from Franklin Road. In the event the right-of-way is 100 feet, the Applicant would seek a 20 feet setback from Franklin Road, which would require a variance from the required 30 feet setback. The Applicant has plans for extending the City's utilities, and it has spoken with the Public Works ,Department. There is a plan to extend sewer along Eagle Road from Magic View Drive. The Applicant has conducted some surveying in the area and found it can service most, if not all, of the houses which abut Springwood and Autumn Drives. The water line. will be extended from the existing main that is in Eagle Road and stubbed across to Franklin Road. The water line will be stubbed along the entire frontage, to the west of the property boundary. The Applicant held a neighborhood meeting to discuss any of the neighbors' concerns with the proposed project. Most of the neighbors whose homes abut the proposed project were in attendance. The discussions focused primarily upon landscaping issues, the privacy issues and views of the Boise front. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. ANNEXATION AND ZONING - A'a, LLC • • Applicant believes the proposed project fits with the City's Comprehensive Plan, and that it can meet the conditions set forth in the general and specific .comments of the Assistant to the City Engineer and the Planning and Zoning Administrator. 14. Commissioner MacCoy commented that, he commends the designer or architect of the buildings. The proposed buildings are pleasing to the eye and the layout appears feasible. The project would be a nice addition to the City. 15. In response to questions of Commissioner Borup, the Applicant's representative stated substantially as follows. With regard to the submitted comments, the only matter which needs to be resolved is the Ada County Highway District's right-of-way requirements along Franklin Road. The District appears not ready to commit to the 100 feet of right-of-way, and will probably require 54 feet of right-of-way. The additional space available due to the 54 feet of right-of-way will provide a little .room to space the site slightly more; however, the general concept would remain the same. The request for a variance on the setback is dependent upon the Ada County Highway District asking for 100 feet of right-of-way. 16. In response to further questions of Commissioner Borup, the Applicant's representative stated substantially as follows. With regard to the neighborhood meeting the Applicant held, they have spoken with the neighbors and, on the evening of this public hearing, the property owner living at the most westerly side. The Applicant will survey the rear areas of the neighbors' homes, and, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. ANNEXATION AND ZONING - A'a, LLC • • based on the locations of their buildings, it will try to provide landscaping that will screen the neighbors from lights from the road. However, based upon the concept of professional office buildings, it expects primarily day use. The type of tenants which the proposed project may attract are professionals, such as doctors working in conjunction with St. Lukes. It does not expect the proposed project to create any significant night time activity. At the same time, the Applicant will attempt to provide the neighbors some privacy and somewhat maintain their views of the Boise front. Some of the neighbors requested that the Applicant not place large trees in the line of view of Bogus Basin or the foothills . The Applicant makes a sincere effort to make the landscaping and project work for. the neighbors. The Applicant plans to the the ditch coursing through the property. The planting of trees over the tiled ditch has been an expressed concern of the City's staff. The Applicant will submit its plans for tiling the ditch to the Nampa & Meridian Irrigation District and meet any requirements it has. There exists a decent landscape strip between the parking area and the location of the ditch. The Applicant believes it has enough room to both perform some good landscaping and meet the requirements of the irrigation district. The ditch is entirely within the property's boundary. The Applicant does not think a privacy wall between the buildings and the neighbors to the south would work very well due to the topography on the property. A six to eight foot wall would probably be relatively ineffective from screening the neighbors' view of the back of the buildings because FINDINGS OF FACT AND CONCLUSIONS OF-LAW - Page 10. ANNEXATION AND ZONING - A'a, LLC • • the houses are built on the hillside. The Applicant plans to provide the screening through landscaping. It is also considering some type of fence to provide some partition or separation between the residential area and the property. 17. James Haskin testified at the public hearing questioning what requirements may be imposed upon him to connect to the City's sewer and water system. 18. Sherri Holloway testified substantially as follows. Her concern, which she discussed with the Applicant's representative, is the right-of-way requirement of the Ada County Highway District. If the District requires 100 feet of right-of-way, the landscaping will move further toward her property. If the District does not require the 100 .feet of right-of-way, she desires the Applicant design the landscaping so us to block her view of the traffic into the property. 19.. There were no other comments by the public regarding this application. 20. The property requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan and in the Meridian Area of Impact. 21. The property can presently be physically serviced with City sewer and water if the applicant constructs and installs the necessary equipment and facilities. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. ANNEXATION AND ZONING - A'a, LLC C~ • 22. The following pertinent statements are made in the Meridian Comprehensive Plan under ECONOMIC DEVELOPMENT, Economic Development Goal Statement. 1. Policies 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.8 The City of Meridian intends to establish a Design Review Ordinance which will foster compatible land use and design within the development, and with contiguous developments; and encourage innovations in building techniques, so that the growing demands of the community are met, while at the same time providing for the efficient use of such lands. 1.9 Office uses can be, but may not necessarily be, integrated within neighborhood, community, regional shopping centers and Old Town. COMPREHENSIVE PLAN CITY OF MERIDIAN at pages 18 - 19. 24. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, COMMERCIAL POLICIES. "4.8U Encourage commercial uses, offices and medical-care uses to locate FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. ANNEXATION AND ZONING - A'a, LLC • in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges." COMPREHENSIVE PLAN CITY OF MERIDIAN at page 26. 25. The following pertinent statements are made in the Meridian Comprehensive Plan under LAND USE, .MIXED-PLANNED USE DEVELOPMENT. The Comprehensive Plan identifies the following Mixed- Planned Use Development: Mixed-Use Areas Adiacent to I-84 Overland Road and Franklin Road These areas are unique in that they are surrounded by arterials, immediately adjacent to the freeway ( I-84) , are relatively level in topography, have a distinct linear shape, and are greatly affected by contiguous industrial, residential and commercial land uses. In order that compatible land uses and efficient use of the land might occur, this corridor is anticipated for a variety of planned, compatible mixed uses. Probable mixed uses for the areas could be commercial, combined medium-to-high density residential, open space uses (as a means to buffer highway noise), tourist lodging, industrial, office, medical, and related land uses. Franklin, Overland/I-84 Mixed Use Policies 5.6 The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.7 Detailed market studies should be undertaken to explore and clarify the issues that are related to mixed-use development in these areas. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surrounding neighborhoods. 5.9 The integrity and identity of -any adjoining residential neighborhood should be preserved FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. ANNEXATION AND ZONING - A'a, LLC • • through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.10 Development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. 5.11 The character, site improvements, and type of development should be harmonized with previously- developed land in the area, and where located adjacent to or near any existing residence or residential area, shall be harmonized with residential uses, and all reasonable efforts shall be made to reduce the environmental impact on residential. areas, including noise and traffic reduction. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.14U Because these areas are near I-84, Franklin and Overland Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. 5.15U The mixed-use area in the vicinity of the Overland Road/Franklin Road/Eagle Road/I-84 interchange is a priority development area. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 27 - 28. 26. In the Meridian Comprehensive Plan under TRANSPORTATION, Franklin Road, East of Meridian Road, and Eagle Road, North of Overland Road 'are designated as Principal Arterials. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 43. 27. In the Meridian Comprehensive Plan under COMMUNITY DESIGN, Entryway Corridor, Franklin Road (East and West entrances) FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. ANNEXATION AND ZONING - A'a, LLC • • and Eagle Road (East and West entrances) are designated gateway arterials. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 72. 28. The COMPREHENSIVE PLAN CITY OF MERIDIAN provides the following statements under COMMUNITY DESIGN relative to entrance corridors: Entrance Corridors Goal Statement Promote, encourage, develop and maintain aesthetically-pleasing entrances to the City of Meridian. 4. Policies 4.1U Jointly plan entryway corridors to Meridian with Nampa and Boise. 4.2U Support ACRD corridor development standards for the entryways to the City. 4.3U Use the Comprehensive Plan,. subdivision regulations, and zoning to discourage strip development and .encourage clustered, landscaped business or residential development on entrance corridors. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 73. 29. The property is included within an area designated on the Generalized Land Use Map at page 4 of the COMPREHENSIVE PLAN CITY OF MERIDIAN as Commercial. 30. The (L-0) Limited Office District is described in the Zoning Ordinance, 11-2-408 B. 7. as follows: (L-01 LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. ANNEXATION AND ZONING - A'a, LLC • any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-0 District is designed to .act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 31. Proper notice was given as required by law and all procedures before-the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to annex land pursuant to Idaho Code Section.50-222 and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian. The exercise of the City's annexation authority is a legislative function. 3. The Planning and Zoning Commission has judged this annexation and zoning application under Idaho Code Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it may take judicial notice. 4. All notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. ANNEXATION AND ZONING - A'a, LLC • 5. The Council may take judicial. notice of government ordinances, and policies, and of the actual conditions existing within the City of Meridian and the state of Idaho. 6. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, .and the annexation would not be a shoestring annexation. 7. The annexation application has been initiated by the Applicant, and is not upon the initiation of the City of Meridian. 8. As the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d. 1075 (1983). 9. The development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time .schedules and requirements; Section 11-9-605 M., which pertains to the tiling of ditches and waterways; and 11-9-606 14., which requires pressurized irrigation. 10. The Applicant stated that it intends to construct three professional office buildings on the property. Any uses would have to comply with the Zoning and Development Ordinance. 11. The City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning and Development Ordinance to reflect the changes made in the Comprehensive Plan. Thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning and Development Ordinance may not address provisions FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. ANNEXATION AND ZONING - A'a, LLC • for the use. It is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 12. The property could be annexed and zoned (L-0) Limited Office District, but once the property .was zoned (L-O) Limited Office District, the Applicant could place different uses on the property without additional approval-from the City other than building permits, which limits the control that the City should have over the development and the uses of the property due to the mandates of the Comprehensive Plan. Further, the property is located in an area designated by the Meridian Comprehensive Plan as a mixed-use area. Sections 5.10 and 5.14U of the "Franklin, Overland/I-84 Mixed Use Policies" at page 28 of the Comprehensive Plan provide that the development of land and proposals for the development of land in the mixed-use area should be conducted under and subject to the conditional use permit process. It is, therefore, concluded, as a condition of annexation and zoning, that any use or development of the property shall only be allowed under the conditional use process. 13. It is concluded that the property should be annexed and zoned (L-O) Limited Office District, but only capable of being developed under the conditional use permit process. 14. The Applicant stated that its intention is to construct three professional office buildings on the property. In the event that the property is not used as a site for three professional FINDINGS OF FACT AND CONCLUSIONS OF-LAW - Page 18. ANNEXATION AND ZONING - A'8, LLC office buildings, such other development of or proposed uses of the property shall be under the conditional use permit process. 15. Section 11-2-417 D of the Meridian Zoning And Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall. take effect upon the adoption of the ordinance annexing 'and zoning the property, or prior if agreed to by the owner of the - parcel. It is concluded, however, that it is more appropriate to enter into a development agreement for the development of the property when the plans for the development of the property are finalized and confirmed. Therefore, as a condition of annexation, a development agreement must be entered into prior to development of the property or issuance of final plat approval. 16. It is concluded that as a condition of annexation and the zoning of (L-O) Limited Office District, the Applicant shall be required to enter into a development agreement as authorized by 11- 2-4'16 L and 11-2-417 D. The development agreement shall address, among other things, the following: a. Inclusion into the development the requirements of 11-9-605; b. Payment by the Applicant, or if required, any successors in interest, assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee adopted by the City; c. Addressing the property access linkage, screening, buffering, transitional land uses and traffic study; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. ANNEXATION AND ZONING - A'a, LLC d. An impact fee or fees for park, police, and fire services as determined by the City; e. Appropriate berming and landscaping; f. Submission and approval of any required plats; g. Submission and approval of individual building, drainage, lighting, parking, and, other development plans of the property; h. Harmonizing and integrating the site improvements with the surrounding residential development and other development; i. Establishing the 35 foot landscaped setback mentioned in the Comprehensive Plan and landscaping the same; j. Addressing the comments of the Assistant to the City Engineer and the Planning and Zoning Administrator; k. The sewer and water requirements; 1. Traffic plans and access into and out of any development; and m. Any other items deemed necessary by ,the City Staff, including design review of all development and conditional use processing. 17. It is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, and it is concluded that the annexation shall be conditioned on meeting the requirements of these Findings of Fact and Conclusions of Law and if they are not met the land may be de-annexed. 18. The requirements of the Meridian City Engineer, Ada County Highway District, Meridian Planning Administrator, Central District Health Department, the Nampa & Meridian Irrigation District and other governmental agencies shall be met and addressed in a development agreement. FINDINGS OF FACT AND CONCLUSIONS OF-LAW - Page 20. ANNEXATION AND ZONING - A'a, LLC u 19. All ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. 20. Pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 21. The Applicant shall be required to connect the property to Meridian water and sewer, extend the water and sewer lines to serve the property, and resolve how the water and sewer mains will serve the property, all of which shall be at the Applicant's, or its successor's, or successors' cost and expense. Said water and sewer requirements shall be performed on or before the time that the Applicant or its successor, or successors desire to use the property or place a user on the property. 22. The development of the property shall be. subject to and controlled by the Zoning and Development Ordinance and the development agreement, and it shall only be developed under the conditional use process. 23. These conditions shall run with the land and bind the Applicant and its successors in interest, assigns, heirs, executors or personal representatives. 24. With compliance of the conditions contained herein, the annexation and zoning of the property as (L-O) Limited Office District would be in the best interest of the City of Meridian. 25. If these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de-annexed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. ANNEXATION AND ZONING - A'a, LLC i i APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMLSSIONER.OSLUND COMMISSIONER MACCOY COMMISSIONER MANNING CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED ~'~~ VOTED VOTED DECISION AND RECOI~II~iENDATION The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant or its successors in interest, assigns, heirs, executors or personal representatives enter into a development agreement, and that the property only be developed under the conditional use process; that if the Applicant is not agreeable with these Findings of Fact and Conclusions of Law and are not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED : ~ ~I~ I~ DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22. ANNEXATION AND ZONING - A'a, LLC MERIDIAN CITY COUNCIL MEETING: May 6.1997 APPLICANT: A'a LLC ITEM NUMBER; 6 REQUEST: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.26 ACRES TO L-O AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS MINUTES FROM 3-11-97 P 8~ Z SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS. SEE ATTACHED C TjSI ', Vv l f ~~ ~ -_ Uv 'n,~ 1" l/~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian.