Olsen Bush Industrial Park AZ
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION )
OF RAY ROBNETT, 3036 LANARK STREET,) FINDINGS OF FACT AND
THE APPLICATION FOR ANNEXATION AND ) CONCLUSIONS OF LAW AND
ZONING OF .96 ACRES FOR OLSON BUSH ) DECISION AND ORDER GRANTING
INDUSTRIAL PARK, MERIDIAN, IDAHO ) APPLICATION FOR ANNEXATION
) AND ZONING
The above entitled annexation and zoning application having come on for public
hearing on December 15, 1998, at the hour of7:00 o'clock p.m., the Applicant, Ray Robnett,
having appeared and testified and no one having testified in opposition 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
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
December 15, 1998, before the City Council, the first publication appearing and written
notice having been mailed to property owners or purchasers of record within 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
FINDINGS OF FACT AND CONCLUSIONS OF lAW - 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
RAY ROBNETT
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public service announcements; and the matter having been duly considered by the Ccity
Council at the December 15, 1998, public hearing; and the applicant, affected property
owners, and government subdivisions providing services within the planning jurisdiction of
the City of Meridian, having been given full opportunity to express comments and submit
evidence.
2. There has been compliance with all notice and hearing requirements set forth
in Idaho Code SS 67-6509 and 67-6511, and SS 11-2-416E and 11-2-417 A, Municipal Code
of the City of Meridian.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of Meridian, 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 which is the subject to the application for annexation and zoning
is described in the application, and by this reference is incorporated herein as if set forth in
full. The property is approximately .96 acres in size. The property is located at 3036 Lanark
Street, Meridian, Idaho.
5. The Applicant is acting on behalf of an authorization by the record owner of
the property Mark Nelson of 244 Constitution Way, Idaho Falls, and has filed a written
request for annexation and zoning.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
RAY ROBNETT
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6. The property is presently zoned by Ada County as Limited Industrial (M-I), and
contains a newly constructed commercial building.
7. The Applicant requests the property be zoned (I-L), Light Industrial.
8. The Applicant has requested the annexation and this zoning, and the
application was not initiated at the request of the City of Meridian.
9. The property is located at 3036 Lanark Street, Meridian, Idaho.
10. The proposed site of the subject property is north of Franklin Road and east
of Eagle Road. The Union Pacific Railroad runs adjacent to the northern border of the
property site.
11. The city limits of the City of Meridian are adjacent and abut on the east and
north sides of the subject real property.
12. The land within the proposed annexation is contiguous to the present city
limits of the City of Meridian, and the annexation would not be a shoestring annexation.
13. The property which is the subject of this application is within the Area of
Impact of the City of Meridian.
14. 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.
15. The applicant proposes to develop the subject property as an
office/warehouse.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
RAY ROBNETT
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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:
Adopt the Planning and Zoning Administrator and Assistant City Engineer
Recommendations as follows:
16.1 The City of Meridian owns and maintains a water main in Lanark Street
adjacent to the subject site. At this time sewer service is not available;
however, the Van Auker sewer extension will provide service to the site via
Lanark Street.
16.2 The applicant received approval of a conditional use permit by Ada County to
construct an 8,OOO-square-foot office/warehouse for Wheel City, Inc. A
minimum 35-foot front setback is required in the I-L zone. That plans be
provided to the City even though Ada County may have already issued a
building permit.
16.3 All construction shall meet the all Codes applicable to commercial property
which have been adopted by the City. Construction needs to meet ADA
requirements for handicap accessibility.
16.4 Off-street parking shall be provided in accordance with Section 11-2-414 of
the City of Meridian Zoning and Development Ordinance. All parking areas
are to be paved. Paving and striping shall be in accordance with the
standards set forth in Sections 11-2-414D4 and 11-2-414D5 of the City of
Meridian Zoning and Development Ordinance and in accordance with
Americans with Disabilities Act (ADA) requirements.
16.5 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.
16.6 A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of
asphalt as required per City Ordinance Section 11-2-414D.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
RAY ROBNETT
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16.7 Outside lighting shall be designed and placed as not to direct illumination on
any nearby residential areas or cause glare, in accordance with City
Ordinance Section 11-2-414D3.
16.8 If none are existing, five-foot-wide sidewalks shall be installed along the
Lanark Street frontage and within the property in accordance with City
Ordinance 11-9-606B.
16.9 Provide screened trash enclosure per City Ordinance Section 11-2-414A3.
Coordinate dumpster site locations with the City's solid waste contractor,
Sanitary Services, Inc. Locate dumpsters so as not to impede fire access.
16.10 No signage has been proposed, and none is approved with this application.
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. All signage
shall be subject to design review. No temporary, A-frame or flashing signage
will be permitted. Non-conforming signage will be removed by the City upon
3 days' notice to the applicant.
16.11 All outdoor storage of equipment and materials shall be screened from view.
16.12 Any existing irrigation/drainage ditches crossing or adjacent to the property
shall be tiled per City Ordinance 11-9-605M. The Evans Drain is located
within a 55' easement across the northern portion of the property. 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. This condition shall not apply if the Developer
can establish to the satisfaction of the Public Work's Director that the subject
ditch is a natural body of water under the jurisdiction of the U.S. Army Corps
of Engineers or the Developer provides an engineering study that establishes
that the tile size required is 48" or greater or posts a sufficient bond for future
tiling.
16.13 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.
16.14 Detailed site plans are to be prepared by the applicant for any improvements
upon the subject real property to be reviewed and approved by the Planning
and Zoning Commission.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
RAY ROBNETT
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16.15 City Council is to approve all water hookup while the Applicant proceeds with
annexation and zoning.
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 no. 16, and all subparts, the
economic welfare of the City and its residents and tax and rate payers will be protected,
which requirement shall be included in a development agreement, a condition of
annexation and zoning designation.
18. It is found that the following are 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
with the existing, or intended character of the general vicinity, in order to assure that the
proposed use will not change the essential character of the affected vicinity and will insure
that the proposed uses will not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on potential
to produce excessive traffic, noise, smoke, fumes, glare and odors:
18.1 A minimum 35-foot front setback is required in the I-L zone.
18.2 A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of
asphalt as required.
18.3 Five-foot-wide sidewalks to be installed along the Lanark Street frontage and
within the property.
18.4 All signage shall be in accordance with the standards set forth in Section 111-
2-415 of the City of Meridian Zoning and Development Ordinance. All
signage shall be subject to design review. No temporary, A-frame or flashing
signage will be permitted. These conditions shall be in addition to the
requirements of Meridian's signage ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
RAY ROBNETT
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19. The applicant requested zoning of the subject real property as Light Industrial
(I-L) is consistent with the commercial designation on the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as commercial.
20. The proposed development will serve existing and growing needs and will
provide services to surrounding institutional, commercial and residential development.
21. The development of the property as a (I-L) Light Industrial, as requested by
the Applicant, will be compatible to the development in the surrounding area subject to
the conditions of development herein found to be reasonable in relation to the requested
zone (I-L) Light Industrial District and is accordance with the adoptive Comprehensive
Plan of the City of Meridian.
22. There are no major or scenic features of major importance that affect the
consideration of this application.
23. The subject annexation request and zoning designation and proposed
development relates to the goals and policies of the Comprehensive plan of the City as
follows:
23.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-quality
development. Enhancement of Meridian's quality of life for all residents is
achieved by applying the criteria of the Comprehensive plan and the Zoning
ordinances of the City to all applications such as the subject application.
23.2 This proposed new growth development will finance public service expansion
by the requirement herein that the applicant comply with the requests
submitted of the political subdivisions responses within the Meridian Urban
Service Planning Area submitted in the record of this matter.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
RAY ROBNETT
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23.3 The expansion of commercial development is facilitated by the granting of this
application subject to the conditions herein set forth.
23.4 The application is consistent with Meridian's self identity.
23.5 The proposed development will be consistent with the goal of supplying
employment and economic self-sufficiency for the existing and future
residents of the City and the reduction of the reliance upon Boise and the
strengthening of the City's ability to finance and implement public
improvements, services and its open space character.
23.6 The preservation and improvement of the character and quality of Meridian's
man-made environment while maintaining its identity as a self-sufficient
community is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to the subject application.
23.7 Compliance with the requests of the Political subdivisions providing services,
assures that community services are being provided for existing and projected
needs and that the land use patterns of the City are balanced to insure that
revenues pay for services and that the Urban Service Planning Area is
visually attractive, efficiently managed and clearly identifiable.
23.8 Compatible and efficient use of land through innovative and functional site
design is achieved by applying the criteria of the Comprehensive plan and the
Zoning ordinances of the City to the subject application.
24. The property can be physically serviced with City water and sewer, if applicant
extends the lines.
25. Meridian has, and is, experiencing a population increase; that there are
pressures on land previously used for agricultural uses to be developed into commercial
uses and other uses.
26. This application is for annexation and zoning of Lot 4, Block 1 of the existing
Olson Bush Industrial Park Subdivision. The legal description for annexation included in the
application appears to describe the subject site; however it is not tied to recognized
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
RAY ROBNETT
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government corners as required by the State Tax Commission. Applicant shall submit a
revised legal description that references the recognized government corners. 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.
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 Municipal Code of the City of Meridian Section 11-2-417 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 Commission 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
RAY ROBNETT
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4. The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
1. The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
1.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment by
adopting City-wide and Urban Service Planning Area policies,
which deal with area-specific policies and programs.
1.2 To ensure that growth and development occur in an orderly
fashion in accordance with adopted policies and procedures
governing the use of land, residential development the provision
of services and the distribution of new housing units within the
Urban Service Planning Area.
1.3 To encourage the kind of economic growth and development
which supplies employment and economic self-sufficiency for
existing and future residents, reduces the present reliance on
Boise and strengthens the City's ability to finance and implement
public improvements, services and its open space character.
1.4 To provide housing opportunities for all economic groups within
the community.
1.5 To preserve and improve the character and quality of Meridian's
man-made environment while maintaining its identity as a self-
sufficient community.
1.6 To encourage cultural educational and recreational facilities
which will fill the needs and preferences of the citizens of
Meridian and to insure that these facilities are available to all
residents of the City.
1.7 To provide community services to fit existing and projected
needs.
1.8 To establish compatible and efficient use of land through the use
of innovative and functional site design.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
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1.9 To encourage a balance of land use patterns to insure that
revenues pay for services.
1.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
2. Under ECONOMIC DEVELOPMENT
COMMERCIAL ACTIVITY CENTERS at page 17
Retail, commercial and office development are frequent partners within
Commercial Activity Centers. In order to support residential and
industrial developments, areas should be set aside as Commercial
Activity Centers and their development carefully guided.
Various commercial activity centers are designated on the generalized
land use map. Planning policies pertaining to commercial activity
centers are presented in the land use chapter of the plan.
MIXED-PLANNED USE DEVELOPMENT AREAS at page 17
Mixed use is a planning category which refers to the coordinated
development of several major uses as part of a single project, such as
specialty retail/commercial, variable density residential, offices, motels,
industrial, service, commercial, and public and semi-public uses.
Certain areas have been designated for mixed-planned uses. The
development of mixed and planned compatible land uses should be
carefully guided through specific project plans, in accordance with the
mixed-use policies contained in the Land Use chapter of the Plan.
Economic Development Goal Statement
Policies, Page 18
1.1 The City of Meridian shall make every effort to create a positive
atmosphere which encourages industrial and commercial
enterprises to locate in Meridian.
1.2 It is the policy of the City of Meridian to set aside areas where
commercial and industrial interests and activities are to
dominate.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
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1.3 The character, site improvements and type of new commercial
or industrial developments should be harmonized with the
natural environment and respect the unique needs and features
of each area.
1.5 Strip industrial and commercial uses are not in compliance with
the Comprehensive Plan.
1.5 Strip industrial and commercial uses are not in compliance with
the Comprehensive Plan.
1.6 It is the policy of the City of Meridian to support shopping
facilities which are effectively integrated into new or existing
residential areas, and plan for new shopping centers as growth
and development warrant. (Emphasis added.)
3. Under LAND USE
EXISTING CONDITIONS, Page 21
Commercial and retail areas are established along major arterials, and
include small commercial center and individual businesses. Uses
include retail, wholesale, service, office, and limited manufacturing.
Area of I mpact, Page 22
Comprehensive Plan Map
The proposed future land use delineation's for the impact area are
shown on the Comprehensive Plan Map - Generalized Land Uses, . .
. The land use element is based upon these objectives:
4. Planned mixed uses along 1-84, Franklin Road, U.P. Railroad, and
Fairview Avenue corridors. (Emphasis added.)
COMMERCIAL ACTIVITY CENTERS Page 25
In all cases, the locations of Commercial Activity Centers should be
guided by performance and developments standards. These
standards consider, among other aspects:
1. Traffic Volume and Type
2. Trip Generation
FINDINGS OF FACT AND CONCLUSIONS OF LAW -12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
RAY ROBNETT
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3. Impacts on Arterial Street System
4. Proximity to Other Commercial Development
5. Impacts on Neighborhood Residential Areas
6. Accessibility of Site
7. Parking Demands
8. Pedestrian Circulation
9. Available Utility Systems
10. Aesthetics (Design Considerations)
11. Use Impacts Upon Other Adjacent Uses
12. Internal Circulation Design
13. Drainage
COMMERCIAL POLICIES, Page 26
4.6U Community shopping centers will be encouraged to
locate at arterial intersections and near high-traffic intensity
areas. (Emphasis added.)
4. Under TRANSPORTATION, Page 43
Existing Conditions
a. Eagle Road, North of Overland, is listed as a principal
arterial
5. Under COMMUNITY DESIGN, at Page 71
Community Identification Goal Statement
Create visual quality and functional identity for the City of
Meridian and its surrounding environment.
Policies
1.1 All commercial and industrial developments should be
reviewed by the City for adequate site planning.
1.3 Open space areas within all development should be
encouraged.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
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1.4 Major entrances to the City should be enhanced and
emphasized. Unattractive land uses along these entrances
should be screened from view.
Special Community Desiqn Areas Goal Statement
2.1 U Require businesses and government to install and
maintain landscaping.
2.2U Encourage area beautification through uniform sign
design that enhances the community.
2.3U Encourage the beautification of streets, parking lots,
public lands, and state highways.
2.5U Encourage the use of attractive open space, landscaping,
lighting, and street furniture for the benefit of the public.
Entrywav Corridors
Entryway corridors are arterial roadways entering the
community that introduce both visitors and residents to Meridian. City-
designated gateway arterials include the following streets:
p. Eagle Road (North and South entrances)
Entryway corridors are a community's front door. It is
acknowledged that the corridor's trees (or lack thereof), commercial
signage, and site character provide the first, and often times the most
lasting, impression of the entire community.
Therefore, the entire community and, most specifically its
governing bodies, have the right and the responsibility to guide the
development and redevelopment that occurs along entryway corridors.
Entrance Corridors Goal Statement
Promote, encourage, develop and maintain aesthetically-
pleasing entrances to the City of Meridian.
Policies
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
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4.2U Support ACHD corridor development standards for the
entryways to the City.
4.3U Use the Comprehensive Plan, subdivision regulations, and
zoning to discourage strip development and encourage clustered,
landscaped business or residential development on entrance
corridors.
4.4U Encourage landscaped setbacks for new development on
entrance corridors. The City shall require, as a condition of
development approval, landscaping along all entrance corridors.
Qualitv of Environment Goal Statement
Policies
5.2U Ensure that all new development enhances rather than detracts
from the visual quality of its surroundings, especially in areas of
prominent visibility.
5. The requested zoning of Light Industrial, (I-L) is defined in the Zoning
Ordinance at 11-2-408 B. 14. as follows:
(I-L) Liqht Industrial: The purpose of the (I-L) Light Industrial District is to provide for
light industrial development and opportunities for employment of Meridian citizens
and area residents and reduce the need to commute to neighboring cities; to
encourage the development of manufacturing and wholesale establishments which
are 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 insure connection to the
Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with
light industry are not permitted, and strip development is prohibited.
6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, 8,
Commercial, lists commercial uses allowed in the various zoning districts of the City; that
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
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office/warehouses are listed as permitted for offices and warehouses as conditional uses in
the Light Industrial (I-L) District.
7. That the City of Meridian Comprehensive Plan, under LAND USE, Mixed-Use
Area at Eagle Road, in 5.16U, states that all development requests will be subject to
development review and conditional use permit processing to insure neighborhood
compatibility.
8. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and operate any stores or
facilities on this parcel of land.
9. 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).
10. 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 11-9-616 which
pertains to development time schedules and requirements; Section 11-9-605 M, which
pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized
irrigation systems.
11. The development of the property shall be subject to and controlled by the
Zoning and Subdivision and Development Ordinance of the City of Meridian.
12. Section 11-2-417 D of the Zoning and Development Ordinance provides in
part as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH iNDUSTRIAL PARK
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If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the
ordinance annexing and zoning the property, or prior if agreed to by the owner
of the parcel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
RAY ROBNETT
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.
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. This application is for annexation and zoning of Lot 4, Block 1 of the existing
Olson Bush Industrial Park Subdivision. The legal description for annexation included in
the application appears to describe the subject site; however it is not tied to recognized
government corners as required by the State Tax Commission. Applicant shall submit a
revised legal description that references the recognized government corners. 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.
2. That the City Attorney shall prepare for consideration by the City Council the
appropriate ordinance for the annexation and zoning designation. (I-L) Light Industrial
Ordinance shall not be finally approved by the City Council until provisions of parts 1 and 3
of this order have been met; and
3. Detailed site plans are to be prepared by the applicant for any improvements
upon the subject real property to be reviewed and approved by the Planning and Zoning
Commission and which plans shall comply with the following:
3.1 The City of Meridian owns and maintains a water main in Lanark Street
adjacent to the subject site. At this time sewer service is not available;
however, the Van Auker sewer extension will provide service to the site via
Lanark Street.
3.2 The applicant received approval of a conditional use permit by Ada County
to construct an 8,000-square-foot office/warehouse for Wheel City, Inc. A
minimum 35-foot front setback is required in the I-L zone. Staff is uncertain
if all City Ordinances are being met and requests that plans be provided to
the City even though Ada County may have already issued a building
permit.
3.3 All construction shall meet the all Codes applicable to commercial property
which have been adopted by the City. Construction needs to meet ADA
requirements for handicap accessibility.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
RAY ROBNETT
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3.4 Off-street parking shall be provided in accordance with Section 11-2-414 of
the City of Meridian Zoning and Development Ordinance. All parking areas
are to be paved. Paving and striping shall be in accordance with the
standards set forth in Sections 11-2-414D4 and 11-2-414D5 of the City of
Meridian Zoning and Development Ordinance and in accordance with
Americans with Disabilities Act (ADA) requirements.
3.5 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.
3.6 A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of
asphalt as required per City Ordinance Section 11-2-414D.
3.7 Outside lighting shall be designed and placed as not to direct illumination on
any nearby residential areas or cause glare, in accordance with City
Ordinance Section 11-2-414D3.
3.8 If none are existing, five-foot-wide sidewalks shall be installed along the
Lanark Street frontage and within the property in accordance with City
Ordinance 11-9-606B.
3.9 Provide screened trash enclosure per City Ordinance Section 11-2-414A3.
Coordinate dumpster site locations with the City's solid waste contractor,
Sanitary Services, Inc. Locate dumpsters so as not to impede fire access.
3.10 No signage has been proposed, and none is approved with this application.
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. All
signage shall be subject to design review. No temporary, A-frame or
flashing signage will be permitted. Non-conforming signage will be removed
by the City upon 3 days' notice to the applicant.
3.11 All outdoor storage of equipment and materials shall be screened from view.
3.12 Any exisitng irrigation/drainage ditches crossing or adjacent to the property
shall be tiled per City Ordinance 11-9-605M. The Evans Drain is located
within a 55' easement across the northern portion of the property. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
RAY ROBNETT
.
.
Public Works Department. No variances have been requested for tiling of
any ditches crossing this project. This condition shall not apply if the
Developer can establish to the satisfaction of the Public Work's Director that
the subject ditch is a natural body of water under the jurisdication of the U.S.
Army Core of Engineers or the Developer posts a sufficient bond for future
tiling.
3.13 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 fro non-domestic purposes such as landscape
irrigation.
3.14 A development agreement should be required as a condition of annexation.
If applicant complies with all City requirements, such an agreement may not
be needed.
3.15 City Council approve water hookup while the Applicant proceeds with
annexation and zoning.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
RAY ROBNETT
.
.
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 being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the annexation and zoning 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 January 5, 1999.
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED
VOTED
VOTED~
VOTED
COUNCILMAN RON ANDERSON
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN GLENN BENTLEY
MAYOR ROBERT D. CORRIE (TIE BREAKER)
MOTION:
APPROVED.
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department and the Public Works
Department.
Bi!~~b9<
ity Clerk V
Dated:
! -- 5 ~Cj'l
msg\D:\MyFiles\Meridian City File\Findings3\Annexation and Zoning FF\OLSON BUSH INDUST PARK FF FOR CC AZ.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW - 22
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION & ZONING / OLSON BUSH INDUSTRIAL PARK
RAY ROBNETT
RECEIVED
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CITY OF MERIDIAN