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Albertson's Inc. AZ 99-024 ~~~) ,-"I '... ..".1 ""}~ IY~!~ JAN 2 6 2000 CITY OF IVillitlDIAN 01-26-00 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ALBERTSON'S INC., THE APPLICATION FOR ANNEXATION AND ZONING OF 20.05 ACRES AT THE EAST END OF COMMERCIAL COURT FOR ALBERTSON'S INC. ) ) ) ) ) ) ) ) ) ) Case No. AZ-99-024 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on January 18, 2000, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Brad Beckstrom, and no one appeared in opposition, and having received the Recomm.endation to City Council of the Planning and Zoning Commission on this matter, 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 AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ~99-024 ( STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW Judicial Notice: The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. Annexation: 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 vvithin the Meridian Urban Service Planning Area which is designated in the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994, and as provided in Meridian City Code ~ 11-16-3. 2. The City Council exercises its legislative authority in the annexation and zoning of annexed land. Burt v. City of Idaho Falls, 665 P.2d 1075, 105 Idaho 65 (1983). Prior to annexation the City Council shall request and receive a recommendation from the Planning and Zoning Commission of proposed zoning ordinance changes for the area to be annexed in accordance "with the notice and hearing procedures provided in Section 67-6509, Idaho Code and concurrently or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 immediately following the adoption of an ordinance of annexation, the City Council shall amend the Planning and Zoning Ordinance. [1.C ~ 67-6525J [Meridian City Code ~ 11-16-1.J Zoning: 3. The City of Meridian shall exercise the powers conferred upon it by the Idaho Legislature in the "Local Land Use Planning Act" codified at Chapter 65 of Title 67 Idaho Code which provides that the Council shall by ordinance establish within its boundaries one or more zones or zoning districts in accordance with the adopted Comprehensive Plan. [1. C. ~ 67-6511]. 4. The "Zoning Ordinance" of the City of Meridian applies and regulates all development of land within the City limits and property outside the City limits for which annexation has been requested. [Meridian City Code ~ 11-1-3. J 5. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act" by the adoption of the "Zoning Ordinance" of the City of Meridian, Idaho, which provides for various zoning districts. [Meridian City Code ~~ 11-1 - 11~21.J 5.1 The "Zoning Ordinance" provides a zoning district (I-L) Light Industrial District which is defined as: [Meridian City Code S 11- 7~2 N.J (I-I) 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC CASE NO. AZ-99-024 residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing 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 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. 5.2 The "Zoning Ordinance" provides for a "Zoning Schedule for Use Control" for land uses in various established zoning districts for permitted use, conditional use and permitted accessOlY use. [Meridian City Code ~ 11-6-1.] 5.3 The "Zoning Ordinance" provides for a zoning District Map where the zoning districts established by the ordinance are shown. [Meridian City Code 9 11-6-1. J 5.4 The "Zoning Ordinance" provides for general procedures for the initiation and process of zoning amendment applications including notice and hearing procedures before the Planning and Zoning Commission and the City Council. [Meridian City Code S 11-15-1 - 11-15-6.J 5.5 The General Standards Applicable To Zoning Amendments include the following [Meridian City Code S 11-15-11]: 5.5.1 Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; 5.5.2 Is the area included in the zoning amendment intended to be rezoned in the future; 5.5.3 Is the area included in the zoning amendment intended to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC CASE NO. AZ-99-024 be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; 5.5.4 Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone areas; 5.5.5 Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 5.5.6 Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 5.5.7 Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, "vater, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; 5.5.8 Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 5.5.9 Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 5.5. 1 o Will the area have vehicular approaches to the property which shall be so designed as not to create an interference FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC CASE NO. AZ-99-024 with traffic on surrounding public streets; 5.5.11 Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 5.5.12 Is the proposed zoning amendment in the best interest of the City of Meridian. 6. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Actll, 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. Development Conditions: 7. The City is authorized by 1. C. 9 67-6511 A by the adoption of an ordinance to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel which the City has enacted as a part of the "Zoning Ordinance" at Meridian City Code 9 11-15-12 and if the property is annexed and zoned Meridian City Code S 11- 16-4. 8. 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). 9. 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC CASE NO. AZ-99-024 Meridian City Code s 11-2-4 which pertains to development time schedules and requirements; Meridian City Code S 12-4-13, which pertains to the piping of ditches; and Meridian City Code S 12-5-2 N, which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for January 18,2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record "vithin three hundred (300') feet 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 January 18, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC CASE NO. AZ-99-024 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 ~s 67-6509 and 67-6511, and Meridian City Code &s 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Titles II and 12, 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. 4. The property is approximately20.05 acres in size. The property is located east of Eagle Road north of Railroad tracks and south of Settler's Canal. The property is designated as Commerce Park Subdivision, and described as follows: A parcel ofland being a portion of the South half of Section 9, T.3N., R.l E., B.M., Ada County, Idaho, and more particularly described as follows: Commencing at a point marking the Southwest corner of Section 9, T.3N., R.IE., B.M., Ada County, Idaho; thence North 00000'00" East along the Westerly boundary of said Section 9, 1,298.53 feet to a point, said point being on the extension of the Southerly boundary line of Commerce Park Subdivision as recorded in Book 45 of Plats at page 3721, records of Ada County; thence leaving said Westerly boundary, South 89056t30" East along said extension and said Southerly boundary, 1,348.75 feet to a point marking the Southwesterly corner of Lot 4, Block 1, of said subdivision and the REAL POINT OF BEGINNING; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC CASE NO. AZ-99-024 (" thence North 00004t51" West along the Westerly boundary of said Lot 4, 479.96 feet to a point on the center line of Commercial Court; thence North 89056'23" East along said center line, 386.72 feet to a point on the Easterly boundary of Commerce Park Subdivision; thence leaving said center line North 00004t5 P West, 409.06 feet along said Easterly boundary to a found iron pin on the Southerly right~of~way of the Settler's Canal; thence South 66039'26" East along said right-of-way, 511.24 feet to a found . . Iron pm; thence North 89019'5Y East along said right-of-way, 458.56 feet to a found . . Iron pm; thence leaving said right-of-way South 00041t21" West, 690.83 feet to a point on the Northerly right-of-way of the Union Pacific Railroads; thence South 89056t18tt West along said railroad right-of-way, 1,321.69 feet to the REAL POINT OF BEGINNING. Said parcel contains 20.05 acres, more or less. This description is based upon found monuments and record information. 5. The ovvner of record of the subject property is Albertson's Inc., of 250 Park Center Blvd., Boise, Idaho. 6. Applicant is owner of record. 7. The property is presently zoned by Ada County as M~ I, and consists of a distribution center. 8. The Applicant requested the property be zoned as Light Industrial (I-L). 9. The proposed site of the subject property is located east of Eagle Road FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 ( at the present easterly terminus (sic) of Commercial Court in Meridian, Idaho. 10. The subject property is bordered to the north by Settler's Canal and city limits of the City of Meridian are adjacent and abut to the north, south, east and west of the subject property. 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 Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: as a distribution center. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. The Applicant request zoning of the subject real property as Light Industrial (1-L). The application is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Industrial. Further, this application is consistent with the following provisions of the Meridian Comprehensive Plan: The property is located in an area designated as Light Industrial in the Comprehensive Plan. which complies with the requested zoning of I"L. FINDINGS OF FACT AND CONCLUSIONS OF LAW" Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 COMPREHENSIVE PLAN POLICIES Economic Development Chapter Policies 1.2, 1.3, and 1.13U Land Use Chapter Policies 3.1, 3.3, 3.5, 3.6, 3.8,3.9 Hazardous Areas Chapter 2.3U,4.3U Community Design Chapter Policies 1.6 16. 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 as a condition of Staff review and approval of development permits, and which restrict the use and development of the subject real property under the Light Industrial Development procedures and pursuant to the conditional use permit process, to~wit: Adopt the recommendations of Planning and Zoning staff as follows: 16.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC CASE NO. AZ-99-024 Works Department. No variances have been requested for tiling of any ditches crossing this project. 16.2 The site does not currently meet the City of Meridian's minimum landscape requirements. The City "vill require the site to be brought into compliance with the current landscape standards in effect at the time of any future building permits. 16.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7~517. Wells may be used for non- domestic purposes such as landscape irrigation. 16.4 Off-street parking shall be provided in accordance with Section 11-2A 14 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 16.5 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2A14.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 16.6 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. 16.7 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 16.8 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. That free-standing signs should be limited to a maximum heigh of 20 feet. 16.9 Applicants shall provide five-foot-wide sidewalks 111 accordance with City Ordinance Section 11-9-606.B. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 16.10 All construction shall conform to the requirements of the Americans with Disabilities Act. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a developm.ent agreement, a condition of annexation and zoning designation. 18. It is found that the development considerations which 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 vvith 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, and is set forth in Finding No. 16. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 City Council does hereby Order and this does Order: I. The applicant's request for annexation and zoning of approximately 20.05 acres to Light Industrial (I-L) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 20.05 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. That the annexation and zoning of the subject property is subject to the following conditions which shall govern Administrative Staff review and approval of development permits required for the development of this property, as follows: 3.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3.2 The site does not currently meet the City of Meridian's minimum landscape requirements. The City will require the site to be brought into compliance with the current landscape standards in effect at the time of any future building permits. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC CASE NO. AZ-99-024 3.3 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3.4 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 3.5 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3.6 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. 3.7 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11~2-14.D.3. 3.8 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs "vill be permitted. That free-standing signs should be limited to a maximum heigh of 20 feet. 3.9 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 3.10 All construction shall conform to the requirements of the Americans with Disabilities Act. 4. The City Attorney shall prepare for consideration by the City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC CASE NO. AZ~99~024 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 (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 Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC. CASE NO. AZ-99-024 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 S 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 IS/;? dayof n6J-UtVL-j ,2000. ROLL CALL COUNCILMAN RON ANDERSON VOTED#~A-- COUNCILMAN KEITH BIRD VOTED ffiCL-. VOTED 1J6J~ COUNCILPERSON TAMMY deWEERD COUNCILPERSON CHERIE McCANDLESS VOTED $t:l-- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: :2.- (~ tJtJ VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC CASE NO. AZ-99-024 MOTION: APPROVED:~ ~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. BY~~~~'~ City Clerk Dated: 2-1-00 nlsg/Z;\ W ork\M\Meridian 15360M\Albertsons\AZFfCls ~ ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ALBERTSON'S INC CASE NO. AZ-99-024