HomeMy WebLinkAboutCortabitarte AZ 03-026BEFORE THE MERIDIAN CITY COUNCII,
GC 01/13/Q4
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION )
AND ZONING OF 5.11 ACRES TO )
C-G AND I-L ZONES, LOCATED )
ON THE SOUTH S[DE OF )
FAIRVIEW ROAD ABOUT )
HALFWAY BETWEEN LOCUST )
GROVE AND EAGLE ROADS )
,
MERIDIAN,IDAAO )
JACK CORTABITARTE, )
APPLICANT )
Case No. AZ-03-026
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AN'D ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public hearing
on January 13, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Director for the
Planning and Zoning Department, and Jack Cortabitarte, appeared and testified, and the City
Council having duly considered the evidence and the record in this matter therefore makes the
following Findings of Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
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 I1-16-1.
2. The City Council takes judicial notice o'f its zoning, subdivision and development
FINDINGS OF PACT AND CONCLUSIONS OP LA~V
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-03-026)
PAGE 1 OF 18
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,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
The property which is die subject of the application for am2exation and
zoning is described in the application, is approximately 5.11 acres in size and is located on the
south side of Fain~iew Road about halfway between Locust Grove and Eaglc Roads, 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 owners of record of the subject property are Jack and [saac Cortabitarte; Jad<
Cortabitarte has provided notarized consent for the subject application. Applicant is lack
Cortabitarte, PO Box 8566, Boise, Idaho 83707.
The property is presently zoned R1 (Ada County) and consists of rural
residential/pasture land.
The Applicant requests the property be zoned as C-G (General Retail and Service
Commercial District) and I-L (Light Industrial District).
The subject property is bordered by city limits on its eastern boundary, zoned I-L.
8. The Applicant has requested the annexation and zoning of an existing 5.0 acres lot
in Ada County to the City of Meridian; the additional 0.1 ] acres to be annexed is right-of--way in
Fairview Road. The front 1.46 acres isproposed as a C-G zone. The rear 3.44 acres are
proposed as an I-L zone. It is the applicant's intent to use the rear (I-L) portion of the property as
a parking lot expansion for Food Services of America, which is immediately east of the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-03-026)
PAGE 2 OF 18
The fi~ont (C-G) portion will remain undeveloped until sewer is available to the property. The
Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as
Mixed-Use Community.
9. There are significant existing trees that affect the consideration of this application.
10. Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian plannulgjurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are hnposed:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department, as
modified by the Planning & Zoning Commission, as follows:
Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into
between the City of Meridian and the property owner(s). The DA shall require that
• All future uses within the boundaries of this annexation can only be approved through the
Conditional Use Permit process.
• The existing residential use may continue as a legal nonconforming use until such time as
sanitary sewer service is available to the property and aC that time the residential use of
the building shall cease.
• The C-G area shall remain undevelopable until sanitary sewer service is available to the
property.
• 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, when. services
are available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
• Any other conditions desired by the Council.
B. Adopt the Recommendations of the ACHD as part of the DA, as follows:
Site Specific Conditions of A proval
Upon the receipt of a development application in the fixture for this site the District intends to
add conditions of approval that apply to this site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-03-026)
PAGE 3 OF 18
Comply with all Standard Conditions of Approval.
Standard Conditions of Ap rp oval
Any existing irrigation facilities shall be relocated outside of the right-of--way.
All utility relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
3. Replace any ex fisting damaged curb, gutter and sidewalk and any that may be damaged during
the construction of the proposed development. Contact Construction Services at 387-6280
(with file number) for details.
utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifcally 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.
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.
Paynnent of applicable road impact fees are required prior to building conshuction in
accordance with Ordinance #197, also known as Ada County Highway Dist-ictRoad hnpact
Fee Ordinance.
It is the responsibility of the applica~lC to verify all existing utilities within the right-of--way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be requn-ed to call DIGLINE (1-800-342-1585) at least hvo full business
days prior to breaking ground within ACHD right-of--way. 'Che apphcant shall contact
ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
]0. No change in the terms and conditions of this approval shall be valid tulles they arc in
writing and signed by the applicant or the applicant's authorized. representative and an
authorized representativeoftheAdaCountyHighwayDistrict. The burden shall be upon the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
.4ND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ.-03-026)
PAGE 4 OF 18
applicant to obtain written confirmation of any change from the Ada County Highway
District.
I1. 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 part of the DA, as
follows:
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
Commercial and office occupancies will require afire-flow consistent with the httemational
Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400'
apart.
?. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
Final approval of the fire hydrant locations shall be by the Meridian. Fire Department ihni the
Public Works Department.
4. All roads shall have a turning radius of 28' inside and 48' outside.
5. Operational fire hydrants and temporary orpermanent street signs are required before combustible
construction begins.
6. The phasing plan may require that any roadway greater tlian 150' in length that is not
provided with an outlet shall be required to have a turn around.
7. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer
8. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISTON AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-03-026)
PAGE ~ OF 18
D. Adopt the action of the City Council from their January 13, 2004 meeting as follows:
For clarification:
1. Pertaining to the Staff report dated November 25, 2003, and specifically under SPECLAL
CONSIDERATIONS item number 3 Split Zoning, the memo received from Brad Watson
is hereby acknowledged as being placed into public record, and that said memo addresses
the lot line adjustment for this application as follows: "I have not yet approved the
submitted Lot Line Adjustment/Record of Survey (LLA/ROS), but it is simply a matter of
minor corrections to the ROS in order to approve it. In summary, I will approve and sign
the LLA/ROS with minor revisions once annexation of the subject property is complete.°'
2. The old farm house, which is on the Front part of the property, shall presently remain as a
nonconforming use but it will be required to conform to Zoning Ordinance when the
property is sold in the future. The house presently can remain on the well and septic until
water and sewer service becomes available to the property.
11. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the
subject property as Mixed-Use Community. The purpose of this designation is to identify key areas
[of the City] which are either infill in nature or situated in highly visible or transitioning areas ofthe
City where innovative and flexible design opportunities are encouraged. The intent of this
designation is to offer the developer a greater degree ofdesign and use flexibility. (See Chapter V1I,
pg. 97.) The requested C-G zoning generally conforms to this stated pm-pose and intent of the MU-
Community designation. Industrial zoning does not directly fit into the list of uses for the MU-
Community designation, but seems to make sense given the context oF(he property and the fact that
the proposed use is an extension of an existing adjacent use. The degee of design and use flexibility
built into the MU-Community designation will allow for the proposed zoning in Che context of
surrounding uses. It is also found that the following 2002 Comprehensive Plan text policies to be
applicable to this application:
Mixed Use Area Comn Plan Policies (from Chapter VIIj
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR COR'FABITARTE
(AZ„„-03-026)
!'AGE 6 OF 18
• "All developmentwithin this designation will occur onlyunder the Conditional Use
Permit process...."
The subjectproperty falls within the MU-Conmucnity designation arxd tivill req~lire a
CUP for any development on the property. 7~e applicant has stated a willingness
to have all future development proceed through the CUP process.
• "Where mixed use developments are phased, a conceptual site plan for the entire
mixed use area is encouraged with the development application or, depending on
the scope of the development, prior to a formal development application being
submitted.";
No development application was submitted with the annexation, but it is anticipated
that development will occur in a phased manner. Specifically, the southern portion
of the existing lot will be developed first as an extension of the Food Services of
America parla7ig and loading area. The northw~n portion will be a separate future
commercial use. While it is unusual to recommend approval tivithout a site plan, it
is acceptable in this case since all future development will re farir•e sepm-ate review
with public hearings under the CUP process.
• "Permit new .commercial development only where urban services can be
reasonablyprovided at the time offinal approval and developmentis contiguous to
the City.: (Chapter IV, Goal I, Obj. A, #6)
Sewer service is not currently available to the subject properl7~. However, since
expansion of the existingparkinglot/loading area for Food Services ofAmerica does
not require sewer service, it is recommended approval of the annexation rey~i~rest to
allow for the Food Services CUP application. Since the front is for cr. ji~tnre
commercial use, it is recommended that a DevelopmentAgreement stating that the C-
Gportion of the lot will remain unbuilable until urban services are provided to the
lot. The proposed annexation is contiguous to the City Limits and is part of a larger
enclave of County property surrounded by City property.
12. R is not anticipated that the land to be annexed will be rezoned in the future; nor has
the applicant indicated a desire to rezone this property again in die future. The Comprehensive Plan
does demonstrate an intention to have it annexed and zoned as a different from the present zoning
desis„nation (RI-Ada County).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-03-026)
PAGE 7 OF 18
13. It is found that the property will be developed in a manner allowed under the proposed
zoning. The property is an existing rural residential use thaC is transitioning to commercial and
industrial uses. Conditional use permits will be required for any development proposed on the
property.
14. The general vicinity of this project is in transition froim rural residential uses to
commercial/urban type development. Property to the east is in Treasm e Valley Business Center; to
the northeast is Louie's Restaurant and Mallvte Subdivision; to the northwest is tha l~brco
development; to the west are several transitional county properties, EIm Tree 'Plaza, Econo-Cube
Subdivision, and others It is found that a rezone of the proposed property would be compatible
with other land use and facility changes in the area.
15. No specific uses are proposed with this application, except a planned expansion of the
Food Services parking lot. It is found that any future uses, if designed, constructed and operated in
accordance with adopted city ordinances and Future CUP applications, should be harmonious and
appropriate in appearance with the existing character of the vicinity.
16. It is found that the intended uses on the subject property should not be hazardous or
disturbing to existing or ftiture neighboring uses if all development and landscape buffer ordinances
are exercised.
17. It is found that sanitary sewer service to the project is not currently available. ACHD
staff approved the proposed application on November 4, 2003. The Meridian. Fire Department
submitted conditions regarding their ability to adequately service this project, and which conditions
are listed in number 10. above.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
.AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-03-026)
PAGE 8 OF l8
18. If approved, the developer will finance the future extension of sewer, water, utilities
and irrigation services to serve theproject. The primary public costs will be fu e and police services.
It is found there will not be excessive additional requirements at public cost and that the annexation
and zoning alone will not be detrimental to the community's economic welfare.
19. It is found that the proposed use will create additional traffic on adjacent arterial
roads. The ACHD report estimates that the proposed development will generate 714 additional
vehicle trips per day (10 existing). Shifting the parking and loading area of Food Services of
America wesC may generate additional noise for surrounding properties. However, since Che
operation is existing, the additional noise should not be excessive. It is not anticipated that the
proposed use will create smoke, Fwnes, glare, or odors. To comply with this finding a CUP shall be
required for future uses in accordance with the Comprehensive Plan requirement.
20. It is found that any fitture uses will impact the level and flow of traffic on the
surrounding streets. Specific traffic counts will be determined at the Cime o~f development
application; as noted above they could be up to 714 additional hips per day. However, given the
intention to use the majority of the property as an expanded parking and loading area for an existing
business, the actual number will likely be lower. Standards for future driveway offsets are provided
in ACHD's report. It is also found that the proposed use will not create significant interference wide
traffic on the surrounding public streets. Refer to ACHD comments for additional detail on this
ISSLIC'.
21. It is found that the proposed annexation will not result in the destruction, loss or
damage of natural features. There are several mature trees that should be protected arotuul the
FINDINGS OF FACT AND CONCLUSIONS OP LAW
.AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-03-026)
PAGE 9 OF 18
existing residence. However, the area intended for parking expansion appears to be void of
significant existing trees.
22. It is found that the arulexation of this property would be in the best interest of the
City for the following reasons:
• increased commercial land base available to firture developers;
• increased property tax revenue;
• facilitates expansion of an existing industry; and
• the application substantially complies with the Comprehensive Plan.
Additionally, it is noted that a public multi-use pathway is depicted on the subject
property on the Comprehensive Plan. The applicant should coordinate the pathway location and
design with the Meridian Parks Department prior to submitting future development applications
on the property.
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. 10, and all sub-parts, the economic
welfare of the City and its residence 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.
10 aze 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 appeazance 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 fuhire neighboring uses, particularly considering the impact of proposed development on
FINDINGS OP PACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR .ANNEXA'1'lON AND ZONING FOR CORTABITARTE
(AZ-03-026)
PAGE 10 OF 18
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 Chat 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 achral conditions existing within the City and State.
3. The City of Meridian has exercised its aud~orily and responsibility as provided by
Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4. The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Mixed Use Area Comp Plan Policies, Chapter VII and Chapter IV, Goal 1, Ohj. A, k6.
The zoning of (C-G) General Retail and Service Commercial and (I-L) Light
Industrial are defined in the Zoning Ordinance at § 11-7-2 K and N as follows:
(C-G) General Retail and Service Commercial District: The purpose of the C-G District
is to provide for commercial uses which are customarily operated entirely oralmost entirely
within a building, to provide for a review of the impact oCproposed commercial uses which
are auto and service oriented and are located inclose proximity to major highway or arterial
streets; to fulfill the need oftravel-related services as well as retail sales for the transient and
permanent motoring public. All such districts shall be connected to the Municipal water and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-03-026)
PAGE 11 OF 18
sewer systems of the City, and shall not constihrte strip commercial development and
encourage clustering of commercial development.
AND
Q-L) Light Industrial District: The purpose of the 1-L Light Industrial District is to
provide for light industrial development and opporeunities for employment of Meridian
citizens and area residents and reduce the need to commute to neighboring cities; to
encourage Che development ofmanufacturing and wholesale establishments which are clean,
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 sn ucuues; 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
ensm-e connection to the Municipal water and sewer systems of die City. Uses incompatible
with light industry are not permitted, and strip development is prohibited.
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).
7. The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section ] 2-2-4 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 in-igation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
8. Pursuant to Section 1.1-16-4 A oftheZoning 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AN'D ORDER GRANTING APPLICATION
FOK ANNEXATION AND ZONING FOR COR`I'ABIT.AR'fE
(AZ-03-026)
PAGE 12 OF 18
Order:
The applicant's request for annexation and zoning of approximately 5.11 acres to C-
G (General Retail and Service Commercial) and I-L (Light Industrial) is granted subject to the terms
and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 5.11 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall confomt
to all the provisions of the City of Meridian Resolution No. 158. The legal description far
annexation must place this parcel contiguous [o the Corporate City Limits per Ordinance No. 686.
3. Developer shall be required to meet the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to dc-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 Deparunent, as
modified by the Planning & Zoning Commission, as follows:
Prior to the atmexation ordinance approval, a Development Agreement (DA) shall be e,otered into
between the City of Meridian and the property owner(s). The DA shall require that:
• All future uses within the boundailes of this amiexation cvi only be approved through the
Conditional Use Permit process.
• The ex fisting residential use may continue as a legal nonconforming use until such time as
sanitary sewer service is available to the property and at that time the residential use o~F
the building shall cease.
• The C-G area shall remain undevelopable until sanitary sewer service is available to the
property.
• Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinancc Section ~-7-517, when services
are available firom the City of Meridian. Wells maybe used for non-domestic purposes
such as landscape irrigation.
• Any other conditions desired by the Council.
B. Adopt the Recommendations of the ACRD as part of the DA, as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-03-026)
PAGE 13 OF 18
Site Specific Conditions of Ap rp oval
1. Upon the receipt of a development application in the future for tlus site the District intends Co
add conditions of approval that apply to this site.
2. Comply with all Standard Conditions of Approval.
Standard Conditions of Ap royal
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 may be damaged during
the construction of the proposed development. Contact Construction Services at 387-6280
(with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, [SPWC Standards and approved supplements, Construction Services
procedures and all applicable ACRD 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.
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 al] existing utilities within the right-of--way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business
days prior to breaking ground within ACRD right-of-way. The applicant shall contact
FINDINGS OF FACT AND CONCLUSIONS OF LAyV
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-03-026)
PAGE 14 OF 18
ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare 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 are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative ofthe Ada County HighwayDistrict. The burden shall be upon the
applicant to obtain written confirmation of any change from the Ada County Highway
District.
1 L Any change by the applicant in the plaimed use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, orduiances,
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 intenC to drange the plaimed use of
the subject property unless awaiver/variance of said requirements or other legal relief is
,ranted 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 part of the DA, as
follows:
The following will be the requirements and/or concerns to provide minimum levels of tine
protection for the proposed project:
1. Commercial and office occupancies will require afire-flow consistent with the International
Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400'
apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department tlu-u the
Public Works Department.
4. All roads shall have a tw'iung radius of 28' inside and 48' outside.
5. Operational fire hydrants and temporary or permanent street signs are req aired before combustible
construction begins.
6. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a tam around.
The fire department requests that airy future signalizatimi installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-03-026)
PAGE 15 OF 18
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer
Al] access roads leading into and within the project shall have a clear driving surface with a
minimum width of 20' available at all times.
D. Adopt the action of the City Council from their January 13, 2004 meeting as follows:
For clarification:
Pertaining to the Staff report dated November 25, 2003, and specifically under SPECIAL
CONSIDERATIONS item number 3 Split Zoning, the memo received from Brad Watson
is hereby aclrnowledged as being placed into public record, and that said memo addresses
the lot line adjustment for this application as follows: "I have not yet approved the
submitted Lot Line Adjustment/Record of Survey (LLA/ROS), but it is simply a matter of
minor corrections to the ROS in order to approve it. In summary, I will approve and sign
the LLA/ROS with minor revisions once annexation of the subject property is complete."
The old farm house, which is on the front part of the property, shall presently remain as a
nonconforming use but it will be required to conform to Zoning Ordinance when the
property is sold in the future. The house presently can remain on the welt and septic until
water and sewer service becomes available to the property.
4. The City Attorey shall prepare For consideration by the City Cotmcil the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (R-8) Medium Density Residential District, and Meridian City Code § I 1-7-2.
Subsequent to the passage of the Ordinance provided for in section 4 of thi s 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW'
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-03-026)
PAGE 16 OF 18
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 aPetition
for Judicial Review may be filed.
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 being a person who has an interest in real
property which maybe adversely affected by this decision may, within twenty-eight (28) days after
the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
By actio^ of the City Council at its regular meeting held on the 2 7~ day of
~~~~- , 2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE VOTED
COUNCILMAN BILL NARY y'OTED~a--
COUNCILMAN CHARLIE ROUNTREE VOTED
COUNCILMAN KEITH BIRD VOTED~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AL-03-026)
PAGE 17 OF 18
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: ~ Z7-O~
MOTION:
APPROVED: DISAPPROVED:
Attest: `````~~~~'~ MFQ'~
w • FO
y't~ 3 ~ iSLAl~ ~
VOTED
William G. Berg, .Ir., City CYerk ~ r~ ~°M
%~O ~`Ti3Z~~
Copy served upon Applicant, the Planning'r~~~i e~f~~nt, Public W~c~~lTi}~fartment and
the City Attorney. /'ff~lr,r:llflnll,\P`~~ ``p~~`~ ~ -~_'"~/G~~~.
By: ~rr-z
City Clerk
-2?-O ~s
- s~~~
~. Y~ ~~
Z.\WOrk\M\Meridiun\Meridian 15360M\Cor[abi4rr[e Annex AZ-03-02G\AZFI>vl&Order-dac `~~49~'9 M~T 1SZ ^ P1``„~
',''',''f~lif l l l l 1~1~~~~``\`i\
FINDINGS OF FACT AND CONCLUSIONS OF LAN-'
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING FOR CORTABITARTE
(AZ-03-026)
PAGE 18 OF 18
--(p t @r p ~ .~
JAr>i ~ ~ 2004
Ciay O'f Meridian.
City Clerk Q~ce
WHITE PETERSON
ATTORNEYS AT LAW
Kcv'IN DIVIaS
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CI IItl31'OYH CN D. GANBERT
1Yi~l. IC Cic IiA1', III
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1NILLIAAI A. mORHGW
119 u.1 ~nl P. NICIIO L9"'
CANTON PARK ATTHE IDAHO CENTER
5700 E. FRANKLIN Rll., SUITE 200
NnmrA, IDAHO 83687-7goi
TEL (208)466-9272
F:vi (208) 466-4405
January 22, 2004
CHN151'OVVl liar $. N1'L
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William G. Berg, Jr., City Clerk
MERIDIAN CITY HALL
33 East Idaho
Meridian, Idaho 83642
Re: JACK CORTABITARTE /ANNEXATION AND ZONING FIND~IGS / AZ DEV ELOPI~[ENT
AGREEMENT /ORDINANCE & CERTIFICATION OF CLERK / SCMN'IAI2Y ORllINANCE
ANll SUMMARY ORDINANCE COVER LETTER / AZ-03-026
Dear Will:
Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND
ZONING prepared as per instructions from the Council meeting of Jamtary l3, 2004, and which are
on an upcoming Council agenda. I have also attached the original of the Development Agreement for the
owner(s) and/or developer(s) signatures. After the Council meeting, it' Council approves the Findings of Fact
and Conclusions of Law for the above matter, then the Findings will need to be artached to the Development
A6n-eement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order
Granting Application for Annexation and Zoning have been adopted, please submit the Development
Agreement to the owners(s) and/or developer(s) for signatures.
Also, please find enclosed Che above AZ Ordinance and the Certification of the Clerk for the
annexation and zoning for the City ofMeridian. After the Findings ofPact and Conclusions have
been adopted, then please place this ordinance on the City Council agenda. This ordinance should
~•~r wNU..auvu ro~ a~cc,vuc of a xUU UICU. HU[lnlOnally, L nave enClOSeu a JLIll7mal"'
Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Cbunci
aC the same time the full annexation and zoning ordinance is presented to Council for approval.
If you have any questions arise, please advise.
Very tnily yours,
Wm. F. Nichols
Z`.WorkV~IWlendf¢nA.~I eridian 15360M',Cortabi[arte Annex AZ-03-026AFFCL DEV AGM'f ORD Clerk Ltr 01 22 04Aoc