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Olsen Bush Industrial Park AZ . . 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 . e 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 . e 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 e e 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 e e 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 . e 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 e e 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 e e 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 e e 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 e e 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 RAY ROBNETT e e 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 RAY ROBNETT e e 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 e . 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 RAY ROBNETT e . 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 RAY ROBNETT . e 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 RAY ROBNETT e e 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 RAY ROBNETT e . 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 -, e . 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 . . 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 . I .:\ ;\1 _ t; ~1.:)1}C1 .J" , "f ...,!.........J ,) CITY OF MERIDIAN