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HomeMy WebLinkAboutCoors Distributing Company AZ-01-013BEFORE THE MERIDIAN CITY COUNCIL C/C 10-02-01 IN THE MATTER OF THE ) APPLICATION OF COORS ) DISTRIBUTING CO., THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 4.24 ACRES, LOCATED AT ) THE SOUTHEAST CORNER OF ) EAGLE ROAD AND ) COMMERCIAL COURT, ) MERIDIAN, IDAHO ) ) Case No. AZ-01-013 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 2, 2001, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and no one appeared in opposition, and the City Council having duly considered tl~e 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY/(AZ-01-013) Page 1 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 October 2,200I, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the October 2, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY/(AZ-01-013) adopted December 21, 1993, Ordinance No. 629, lanuary 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 4.24 acres in size and is located at the Southeast comer of Eagle Road and Commercial Court. The property is designated as 3225 Commercial Court. 6. The owner of record of the subject property is the Coors Distributing Company of Lakewood, Colorado. 7. Applicant is Coors Distributing Company of Meridian, Idaho. 8. The property is presently zoned by Ada County as M-l, and consists of the Coors Distributing Company. 9. The Applicant requests the property be zoned as I-L. 10. The subject property is bordered to the north by Ada County zoned M- i, to the south by the UPRR railroad tracks and R.C. Willey and to the east and west by city zoning of I-L and L-O. 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY / (AZ-01-013) Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant requests zoning of the subject real property as I-L which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Light Industrial. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. Giving due consideration to the comment received from the 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 15.1 15.2 15.3 Applicant shall not be required to enter into a Development Agreement with the City as a condition of annexation. All future development of this property shall be in conformance with the most recently adopted Zoning Ordinance at the time of re- development. Landscaping shall be brought into conformance with the adopted Landscape Ordinance, if the Applicant desires to add or do any redevelopment of the parldng lot in the future. This shall include additional trees as required and an irrigation system if there is not one provided on site. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY / (AZ-01-013) Page 4 15.4 A five foot sidewalk shall be required along Eagle Road upon redevelopment beyond interior remodeling of the building existing at the time of annexation. 15.5 15.6 15.7 15.8 15.9 15.10 15.'11 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-i-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 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 parldng areas. Ail site drainage shall be contained and disposed of on-site. Off-street parldng shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. Ail signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Ail (new) construction shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY/(AZ-01-013) Page 5 Adopt the Recommendations of the Ada County Highway District as follows: 15.12 District policy would require the applicant to construct a 5-foot wide concrete sidewalk on Eagle Road located 2-feet within the right-of-way. Coordinate the location and elevation of the sidewalk with ITD staff. 15.13 District policy would require the applicant to construct a deceleration lane along their frontage for north-bound traffic on Eagle Road to allow ease of access and improve traffic flow. Coordinate the design of the turn lane with ITD staff. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian. 15.14 Comply with requirements of ITD for Eagle Road frontage. Submit to the District a letter from lTD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 15.15 Any existing irrigation facilities shall be relocated outside of the right-of- way. 15.16 No access points to Eagle Road are proposed with this application and the District recommends that none are approved. 16. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 15, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY/(AZ-01-013) Page 6 17. It is also found that the development considerations as referenced in Finding No. 15 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 18. It is found that the zoning of the subject real property as Light Industrial District (I-L) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Light Industrial. 19. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 19.1 The consideration of the provisions of the Comprehensive Plan and the requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DI STKIBUTING COMPANY / (AZ-01-013 ) Page 7 19.2 and the zoning ordinance of the City to all applications such as the subject application. This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 19.3 19.4 19.5 19.6 The application is consistent with Meridian's self identity. The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and deafly identifiable. Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW I. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY / (AZ-01-013) Page 8 Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted December 21, 1993, Ord. No. 629, January 4, 1994.' 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY/(AZ-01-013) Page 9 4.4 4.5 4.6 4.7 development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. To provide housing opportunities for all economic groups within the community. To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. To provide community services to fit existing and projected needs. 4.8 To establish cornpatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The zoning of Light Industrial District (I-L) is defined in the Zoning Ordinance at § 11-7-2 N as follows: (I-L) Light Industrial District: The purpose of the I-L Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are dean, quiet and free of hazardous of objectionable FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY/(AZ-O1-013) Page 10 elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This District must also be in such proximity to ensure connection to the Municipal water and sewer systems of the City. Uses incompatible with light industry are not permitted, and strip development is prohibited. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a church and multi-purpose facility. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burr vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2- 4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY/(AZ-01-O13) 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. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 4.24 acres to Light Industrial District (I-L) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 4.24 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordim 3. That the annexatio~ FINDINGS OF FACT AND COI AND DECISION AND ORDER FOR ANNEXATION AND ZON DISTRIBUTING COMPANY/, ~ce No. 686. and zoning of the subject property is subject to the [CLUSIONS OF LAW - 3RANTING APPLICATION :NG/BY COORS ~Z-01-013) Page 12 following conditions which shall govern Administrative Staff review and approval of development permits required for the development of this property, as follows, to-~vit: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 3.1 Applicant shall not be required to enter into a Development Agreement with the City as a condition of annexation. 3.2 All future development of this property shall be in conformance with the most recently adopted Zoning Ordinance at the time of re- development. 3.3 Landscaping shall be brought into conformance with the adopted Landscape Ordinance, if the Applicant desires to add or do any redevelopment of the parking lot in the future. This shall include additional trees as required and an irrigation system if there is not one provided on site. 3.4 A five foot sidewalk shall be required along Eagle Road upon redevelopment beyond interior remodeling of the building existing at the time of annexation. 3.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3.6 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3.7 Outside lighting shall be designed and placed so as not to direct FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY/(AZ-01-013) Page 13 illumination on any nearby residential areas in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 3.8 3.9 3.10 3.11 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. Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. Ail signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Ail (new) construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 3.12 District policy would require the applicant to construct a 5-foot wide concrete sidewalk on Eagle Road located 2-feet within the right-of-way. Coordinate the location and elevation of the sidewalk with lTD staff. 3.13 District policy would require the applicant to construct a deceleration lane along their frontage for north-bound traffic on Eagle Road to allow ease of access and improve traffic flow. Coordinate the design of the turn lane with ITD staff. If the rezone is approved and the District receives a development proposal, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian. 3.14 Comply with requirements of ITD for Eagle Road frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY/(AZ-01-013) Page 14 other required permits), whichever occurs first. 3.15 Any existing irrigation facilities shall be relocated outside of the right-of- way. 3.16 No access points to Eagle Road are proposed with this application and the District recommends that none are approved. 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 (l-L) Light Industrial District, and Meridian City Code § 11-7-2 N. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Worlcs Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY/(AZ-01-O13) Page 15 of By action of the City Council at its regular meeting held on the /~ ~- day ~C ~g~ ~/t.. , 2001. ROLL CALL COUNCILMAN RON ANDERSON VOTED COUNCILMAN ICEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED ~'~ COUNCILWOMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BILFdd(ER) DATED: /~2 "-./~; --~52/' VOTED MOTION: ~ APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By~',~-2-Zg~l~ Dated: /~--'/'~/--t~/ /'~ ~ CityClerk k' r ~ i ~ S]~I~ .. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY COORS DISTRIBUTING COMPANY/(AZ-01-013) Page 16