HomeMy WebLinkAboutOffice Jet Sub AZ 03-020BEFORE THE MERIDIAN CITY COUNCIL
C/C 10-14-03
IN THE MATTER OF THE
APPLICATION FOR ANNEXATION
AND ZONING OF 1.13 ACRES TO
L-O ZONE FOR PROPOSED
OFFICE JET SUBDIVISION,
LOCATED AT 1975 NORTH
LOCUST GROVE ROAD,
MERH)IAN, IDAHO
WARDLE AND ASSOCIATES,
APPLICANT
Case No. AZ-03-020
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public hearing
on October 14, 2003, at the hour of 7:00 p.m., and Anna Powell Planning Director for the
Planning and Zoning Department, and Jon Wardle, appeazed and testified, and the City Council
having duly considered the evidence and the record in this matter therefore makes the following
Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
There has been compliance with all notice and heazing requirements set 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, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDNISION
(AZ-03-020)
PAGE 1 OF 14
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3. The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 1.13 acres in size and is located at 1975
North Locust Grove Road, Meridian, Idaho, all within the Area of Impact of the City of Meridian
and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan.
4. The pazcel of land is contiguous to the existing city limits of the City of Meridian.
5. The owner of record of the subject property C-6 Development, and the applicant
is Wardle and Associates.
6. The property is presently zoned R-6 (Ada County) and consists of a single family
dwelling.
The Applicant requests the property be zoned as L-O (Limited Office).
8. The subject property is bordered to the north by L-O, to the south by R-6, to the
east by. C-G, and to the west by R-6.
9. The Applicant proposes to develop the subject property in the following manner:
As a four-lot office park.
10. The Applicant requests zoning of the subject real property as L-O, which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Low Density Residential. While the Comprehensive Plan Zoning Map's
designation for the subject property is Light Residential, it is felt that the policies of the
Comprehensive Plan, and the existing conditions, support the proposed zone change.
11. There are no significant or scenic features of major importance that affect the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE 7ET SUBDNISION
(AZ-03-020)
PAGE 2 OF 14
consideration of this application.
12. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
Essential city services can be made available to the subject property.
B. Adopt the Following Recommendations from the Ada County Highway District:
Site Specific Conditions of Approval
Close the three (3) existing driveways to Locust Grove Road with curb, gutter and
sidewalk to match into the existing improvements.
2. No access points to Locust Grove Road have been proposed and none are approved with
this application.
Pave the proposed driveway on Willowbrook Court, located approximately 110-feet west
of Locust Grove Road (minimum of 50-feet west of Locust Grove Road) to its full width
(maximum 36-feet) and at least 30-feet into the site beyond the edge of pavement of the
roadway, as proposed.
4. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 for details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDIVISION
(AZ-03-020)
PAGE 3 OF 14
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers)
for details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standazds and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior'to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the applicant shall be repaired by the applicant at no
cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of--way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) aze compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances,
plans, or other regulatory and legal restrictions in force at the time the applicant or its
successors in interest advises the Highway District of its intent to change the planned use
of the subject property unless awaiver/variance of said requirements or other legal relief
is granted pursuant to the law in effect at the time the change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDMSION
(AZ-03-020)
PAGE 4 OF 14
Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire
hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
2. All internal roads shall have a turning radius of 28' inside and 48' outside.
All access roads leading into and within the project shall have a clear driving surface with a
minimum width of 20' available at all times. UFC 902.2.2.1
13. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the
subject property as "Low Density Residential." While the Comprehensive Plan Future Land Use map
does not explicitly support the proposed zone change staff fmds that there is a strong azgument for
saying that the Comprehensive Plan policies do support the proposed zone change. A key
component of this azgument is the relative flexibility of Meridian's Comprehensive Plan (quoted
below) as described in Chapter I, Section B of the Comprehensive Plan.
"The Meridian Comprehensive Plan is an official policy guide for decisions concerning the
physical development of the community. It indicates, in a general way, how the community
may develop in the next five to ten years"
Furthermore, in Chapter VII, Section C Future Conditions states the following:
"Figure VII-2 [The Comprehensive Land Use Map] depicts desire future land use categories
and their location within the Impact Area. The areas depicted on the map are conceptual and,
therefore, will require further analysis prior to the creation of a zoning map."
While the proposed zone change does not explicitly comply with the Comprehensive Plan
Land Use Map, staff, upon further analysis, finds that the proposed zone change does fit with the
development patterns of the surrounding area and it would be appropriate to extend the office
designation to this property. The office buildings directly north of the subject property are
designated as "Office" in the Comprehensive Plan and the mini storage property located east of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDNISION
(AZ-03-020)
PAGE 5 OF 14
subject property is designated as "Commercial" in the Comprehensive Plan. Staff finds that the
proposed rezone of a small parcel located on a major arterial and adjacent to property zoned
Commercial and Light Office, meets the intent of the Comprehensive Plan for the future
development of the area.
It is also founds that the following 2002 Comprehensive Plan text policies to be applicable
(staff analysts is in Italics below policy):
(see Chapter VII, pgs. 97-98, for the above-mentioned bullets/policies.)
"Locate new community commercial areas on arterials or collectors near residential areas
in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I,
Obj. B, #5)
The proposed subdivision has frontage on Locust Grove Road, a principal arterial
roadway. This proposed low intensity office development complements adjoining
residential areas.
"Require screening and buffering of commercial and industrial properties and residential
use with transitional zoning." (Chapter VII, Goal IV., Obj. A, #6)
The applicant is proposing landscaping buffers at the edges of the subject property
bordering residential areas
"Permit new...commercial...developments only where urban services can be reasonably
provided at the time of final approval and development is contiguous to the City."
(Chapter IV, Goal I, Obj. A, #6)
Off ce Jet subdivision is contiguous to existing city limits and sanitary sewer, water and
other urban utilities can be extended to meet the needs of the development.
14. The subject property is located adjacent to property that has been developed with
commercial and light offices uses. The subject property is in the single family residential Doris
Subdivision which was platted in 1959. Since this subdivision was platted, commercial and light
office uses have been developed adjacent to the subject property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDNISION
(AZ-03-020)
PAGE 6 OF 14
15. It is found that the requested light office uses would generally be harmonious with the
existing and intended chazacter of the general vicinity, which is commercial, light office, and single
family residential.
16. It is found that the proposed light office uses will not be hazazdous or disturbing to
existing or future neighboring uses if all development and landscaping ordinances are exercised. The
applicant has submitted a petition from neighboring property owners in support of the proposed zone
change and light office subdivision.
17. It is found that sanitary sewer and water mains service is readily available from
existing mains adj acent to the subj ect site. All other public services and facilities noted above appear
to be adequate to service this property.
18. It is found that this development will not cause excessive additional requirements at
public cost. Sewer and water will be extended to the proposed development by the developer. These
improvements will be funded and constructed by the developer. We also find that the annexation and
zoning alone will not be detrimental to the community's economic welfare.
19. It is found that the proposed light office uses will not be detrimental to surrounding
property values if constructed and landscaped as submitted. It is also found that the proposed use
will create additional traffic on Locust Grove Road but is unlikely to significantly impact traffic due
to the scale and intensity of the proposed light office subdivision. However, no traffic study or
statement of impact was submitted with the application. It is not anticipated that the proposed use
will create excessive traffic, noise, smoke, fumes, glaze, or odors.
20. It is found that the proposed vehicular approaches off of Willow Brook Court will
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDNISION
(AZ-03-020)
PAGE 7 OF 14
have a low level of impact on the level and flow of traffic on the surrounding streets. The proposed
subdivision will not have direct access off of Locust Grove Road. The applicant estimates that the
use will generate 220 additional vehicle trips per day.
21. It is found that the proposed subdivision does not contain any natural or scenic
features of major importance and will not result in the destruction, loss, or damage of a natural or
scenic feature of major importance. The subject property currently has one single family dwelling on
the 1.13 acre subdivision lot.
22. It is found that the proposed rezone of the subject property is in the best interest of
the City for the following reasons:
The proposed offices will provide a buffer between Locust Grove and adjoining
residential property.
The proposed rezone to L-O is compatible with surrounding land uses.
23. It is found that if the developer pays for the requested improvements and complies
with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the economic
welfare of the City and its residents and tax and rate payers will be protected, a condition of
annexation and zoning designation.
24. It is also found that the development considerations as referenced in Finding No.
12 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDIVISION
(AZ-03-020)
PAGE 8 OF 14
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
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 the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4. The zoning of (L-O) Limited Office is defined in the Zoning Ordinance at § 11-7-2 G
as follows:
(L_t71 i.im_ited Office District: The purpose of the L-O District is to permit the
establishment of groupings of professional, reseazch, executive, administrative, accounting,
clerical, stenographic, public service and similar uses. Research uses shall not involve heavy
testing operations of 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-O
District is designed to act as a buffer between other more intense nonresidential uses and
high density residential uses, and is thus a transitional use: Connection to the Municipal
water and sewer system of the City is a requirement in this District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDIVISION
(AZ-03-020)
PAGE 9 OF 14
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, 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 including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is required by the City.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does
Order:
1. The applicant's request for annexation and zoning of approximately 1.13 acres to
Limited Office (L-O) is granted subject to the terms and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 1.13 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.
Developer shall be required to meet the conditions set forth and in the event the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDIVISION
(AZ-03-020)
PAGE 10 OF 14
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
1. Essential city services can be made available to the subject property.
B. Adopt the Following Recommendations from the Ada County Highway District:
Site Specific Conditions of Approval
t. Close the three (3) existing driveways to Locust Grove Road with curb, gutter and
sidewalk to match into the existing improvements.
2. No access points to Locust Grove Road have been proposed and none aze approved with this
application.
3. Pave the proposed driveway on Willowbrook Court, located approximately 110-feet west of
Locust Grove Road (minimum of 50-feet west of Locust Grove Road) to its full width (maximum
36-feet) and at least 30-feet into the site beyond the edge of pavement of the roadway, as proposed.
4. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewallc and any that maybe damaged
during the construction of the proposed development. Contact Construction Services at 387-
6280 for details.
4. Utility street cuts in pavement less than five yeazs old aze not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers) for
details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standazds and approved supplements, Construction Services procedures
and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDNISION
(AZ-03-020)
PAGE 11 OF 14
in the State of Idaho shall prepare and certify all improvement plans
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and properly development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee
Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to
ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full
business days prior to breaking ground within ACHD right-of--way. The applicant shall contact
ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spaze or filled) are
compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they aze in
writing and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in
interest advises the Highway District of its intent to change the planned use of the subject
property unless awaiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire
hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A
2. All internal roads shall have a fuming radius of 28' inside and 48' outside.
3. All access roads leading into and within the project shall have a clear driving surface with a
minimum width of 20' available at all times. UFC 902.2.2.1
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDIVISION
(AZ-03-020)
PAGE 12 OF 14
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-O) Limited Office District, Meridian City Code § 11-7-2.
5. Subsequent to the passage of the Ordinance provided for in section 4 ofthis Order the
engineering staffof the Public Works Deparhment 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
AND RIGHT TO REGULATORY TAHINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing; and must be filed with the City
Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A
request for a regulatory takings analysis will toll the time period within which a Petition for Judicial
Review maybe filed.
Please take notice that this is a fmal 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.
Zg~~
By a~ct/io~n of the City Council at its regular meeting held on the day of
~~'°'6'P~" , 2003.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDNISION
(AZ-03-020)
PAGE 13 OF 14
ROLL CALL
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc LANDLESS
COUNCILMAN WILLIAM L.M. NARY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: f~~ZS`~3
MOTION:
APPROVED:
Attest:
William G. Berg, 7r.,
Copy served upon Applicant, the
the City Attorney.
DISAPPROVED:
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING OFFICE JET SUBDIVISION
(AZ-03-020)
PAGE 14 OF 14
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