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HomeMy WebLinkAboutIdaho Truck Specialties AZ-01-024BEFORE THE MERIDIAN CITY COUNCIL C/C 02-05-02 IN THE MATTER OF THE ) APPLICATION OF VICTORY ) PROPERTIES LLC, THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 4 ACRES FOR IDAHO ) TRUCK SPECIALTIES, ) LOCATED ON THE ) NORTHEAST CORNER OF ) EAGLE ROAD AND ) COMMERCIAL COURT, ) MERIDIAN, IDAHO ) Case No. AZ-01-024 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 February 5, 2002, at the hour of 6:30 p.m., and Shari Stiles, Planning and Zoning Administrator, and Terry Hayden, appeared and testified, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the follo~ving Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance ,xdth all notice and hearing requirements set FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-01-02zi) forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. 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 adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject to the application for annexation and zoning is described in the application, and is approximately 4 acres in size, is located on the northeast corner of Eagle Road and Commercial Court, all within the Area of impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is Terry Hay&n, Victory Properties, LLC of Meridian, Idaho; and the applicant is the owner of record. 5. The property is presently zoned by Ada County as M- 1, and consists of a Truck-Up Building - Industrial. 6. The Applicant requests the property be zoned as I-L, which is consistent ~vith the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Light Industrial. 7. The subject property is bordered on all sides by the city limits of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-01-024) 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services req'uired by the proposed development will not impose expense upon the public if the follosving conditions of development are imposed: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 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 at the time of re-development or change of use. Upon re-development (building additions, significant site improvements, change of use...etc.) as determined by the City of Meridian, a detached five-foot-wide sidewalk shall be required to be installed along Eagle Road. The small billboard sign located on the property is not in compliance with the adopted Sign Ordinance. The signage on this property shall be subject to the Sign Ordinance upon re- development or change of use. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-01-024) Sanitary Sewer and Water service is available via service line extensions to existing mains located adjacent to the proposed site. Applicant shall be subject to applicable latecomers fees to reimburse the parties responsible for the installation. Any existing donrestic wells and/or septic systems within this project shall 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. All new 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. All (new) construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Meridian Fire Dept. as follows: 10. A fire-flow consistent with what is required by the Uniform Fire Code shall be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 11. The building shall meet the minimum requirements of the Uniform Fire Code. 12. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 13. Final approval for fire hydrant location shall be by the Meridian Fire Department. Adopt the Recommendations of the Ada County High~vay District as follows: 14. Comply with the requirements of Idaho Transportation Department for Eagle Road frontage. Submit to the District a letter from ITD regarding said requirements prior to District FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-01-024) approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 15. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 16. Any existing irrigation facilities shall be relocated outside of the right-of-way. 17. Utility street cuts in pavement less than five years old are not allowed unless approved in writing the District. 18. No access points to Eagle Road are proposed with this application and the District recommends that none be approved. 19. Comply with all the Standard Requirements listed in ACHD's letter dated January 8, 2002. 10. It is found that if the developer pays for the requested improvenrents and complies with the conditions set forth in these Findings of Fact No. 9, 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. 11. It is also found that the development considerations as referenced in Finding No. 9 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-01-024) neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. But, additional landscaping buffers and design features will be required to make the proposed use more harmonious with the general vicinity and to comply ~vith City Ordinances. 12. 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 Industrial. 13. 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: Population Growth Chapter 1.6U Economic Development Chapter 1.1, 1.2, 1.4, 1.10U Land Use Chapter 4.3U, 4.8U 14. The property can be physically serviced with City water and sewer, since the applicant has extended the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-01-024) CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 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 Goals 1 through 10, inclusive. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-01-024) neighboring cities; to encourage the development of manufacturing and wholesale establishments which are dean, quiet and free of hazardous or objectionable 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 probhibited. 6. Since 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, 7. 105 Idaho 65,665 P2d 1075 (1983). The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian induding, but not limited to: Section 12-2- 4 ~vhich 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-O1-024) hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 4 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 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the 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: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 1. 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 at the time of re-development or change of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-01-024) use. Upon re-development (building additions, significant site improvements, change of use...etc.) as determined by the City of Meridian, a detached five-foot-wide sidewalk shall be required to be installed along Eagle Road. The small billboard sign located on the property is not in compliance with the adopted Sign Ordinance. The signage on this property shall be subject to the Sign Ordinance upon re- development or change of use. Sanitary Sewer and Water service is available via service line extensions to existing mains located adjacent to the proposed site. Applicant shall be subject to applicable latecomers fees to reimburse the parties responsible for the installation. Any existing domestic wells and/or septic systems within this project shall 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. All new 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. All (new) construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Meridian Fire Dept. as follows: 10. A fire-flow consistent with what is required by the Uniform Fire Code shall be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 11. The building shall meet the minimum requirements of the Uniform Fire Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-01-024) 12. Acceptance of water supply for fire protection is contingent upon acceptance of the water syste~n by the City of Meridian. 13. Final approval for fire hydrant location shall be by the Meridian Fire Deparmrent. Adopt the Recommendations of the Ada County Highway District as follows: 20. Comply with the requirements of Idaho Transportation Department 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. 21. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 22. Any existing irrigation facilities shall be relocated outside of the right-of-way. 23. Utility street cuts in pavement less than five years old are not allowed unless approved in writing the District. 24. No access points to Eagle Road are proposed with this application and the District recommends that none be approved. 25. Comply with all the Standard Requirements hsted in ACHD letter dated January 8, 2002. 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 (I-L) Light Industrial District, and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-01-024) this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ROLL CALL COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY day VOTED VOTED VOTED_~ VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-01-024) MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: '~ -- [ ~- 67 ~' VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. City Clerk Z:\¥¥orkUMWlcridian~Vleridian 15360MkIdaho Trucking Specialities AZ01 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/IDAHO TRUCK SPECIALTIES / (AZ-01-024)