HomeMy WebLinkAboutCedar Springs Professional Center RZ-03-013
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR REZONE OF 5.51
ACRES FOR CEDAR SPRINGS
PROFESSIONAL CENTER FROM
R-4 TO CoN, LOCATED ON THE
NORTHEAST CORNER OF
USTICK ROAD AND VENABLE
LANE, WITHIN SECTION 36,
TOWNSHIP 4 NORTH, RANGE 1
WEST, MERIDIAN, IDAHO
KEVIN HOWELL,
Applicant.
C/C 03/09/04
C/C 03/16/04
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Case No: RZ-03-013
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION FOR
REZONE
The above entitled matter on the rezoning application of 5.51 acres having come
on for public hearing on March 9, 2004 and continued until March 16,2004, at the hour of7:00
o'clock p.m., and Council having received the report of Brad Hawkins-Clark Principal City
Planner for the Planning and Zoning Department, and Bruce Freckleton Engineering Technician
Ill, and Anna Powell Planning Director for the Planning and Zoning Department, Daren Fluke,
Joe Simunich, and Bill Jackson, appeared and testified, and the Council having received the
record of this matter made before the Planning and Zoning Commission, and having received
their Recommendation to the City Council, and the City Council having duly considered the
evidence and the record in this matter therefore makes the following Findings of Fact and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REWNING OF 5.51 ACRES FROM R-4 TO C-N
BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER I (RZ-O37O13)
PAGE 1 OF 22
Conclusions of Law, Decision and Order:
FINDINGS OF FACT
1.
The notice of public hearing on the application for rezoning was published for two
(2) consecutive weeks prior to said public hearing scheduled for March 9,2004 and continued
until March 16, 2004, before the City Council, the first publication appearing and written notice
having been mailed to property owners or purchasers of record within three hundred feet (300') 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 March 9, 2004 and continued until
March 16, 2004, 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 §§67-6509 and 67-6511, and Meridian City Code §§1I-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 Title 11 and Title 12, and all current
zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact
Area Boundary.
4.
The property is approximately 5.51 acres in size and is located on the northeast
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.51 ACRES FROM R-4 TO CoN
BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER I (RZ-O3-013)
PAGE 2 OF 22
comer of Us tick Road and Venable Lane, within Section 36, Township 4 North, Range I West,
Meridian, Idaho, and said legal description is on file with the Clerk's office at Meridian City
Hall, 33 East Idaho, Meridian, Idaho.
5.
The owner of record ofthe subject property is Howell-Murdoch Development
Corp.
6.
The Applicant is Kevin Howell.
7.
The property is presently zoned as R-4, and is proposed to be zoned C-N and
consists of vacant land.
8.
The subject property is surrounded by the following properties and uses:
North - A 12-acre site designated as a future elementary school and Cedar
Springs Subdivision, zoned R-4.
South -15-acre parcel with a single family dwelling, zoned RUT (Ada
County).
East - 104 acre parcel with a single family dwelling, zoned RUT, and
Meridian Settlers Park, zoned L-O.
West - A 1.3-acre, undeveloped parcel and a 8 A-acre parcel with a single
family dwelling, zoned RUT.
9.
The subject property is within the Area ofImpact of the City of Meridian.
10.
The entire parcel of the property is included within the Meridian Urban Service
Planning Area as defined in the Meridian Comprehensive Plan.
11.
The Applicant proposes to develop the subject property in the following manner: a
five (5) lot commercial subdivision including four (4) office buildings, car wash, two fuel pumps
and a drive-through coffee stand.
12.
The Applicant's requested rezoning of the subject real property asC-N which is
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.51 ACRES FROM R-4 TO CoN
BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER I (RZ-O3-013)
PAGE 3 OF 22
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Mixed Use-Community.
13.
There are no significant or scenic features of major importance that affect the
consideration of this application.
14.
In review of the application for rezone it is provided at Meridian
City Code § 11-15-11 for the General Standards that the Commission and Council review this
proposed zoning amendment and pursuant to the criteria of said section finds that:
14.1
14.2
14.3
14.4
14.5
14.6
14.7
The new zoning will be harmonious with and in accordance with the
Comprehensive Plan;
The area included in the zoning amendment is not intended to be rezoned
in the future;
The proposed use will 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, subject to the conditions of the
conditional use process;
The proposed use will not be hazardous or disturbing to existing or future
neighboring uses, subject to the conditions of the conditional use process;
The area will be served adequately by essential public facilities and
services such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
The use 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;
The use will 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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.51 ACRES FROM R-4 TO C-N
BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER I (RZ-O3-013)
PAGE 4 OF 22
14.8
The area will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
14.9
The use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
14.10 The proposed zoning will be in the best interest of the City of Meridian.
14.2
Staff conditions provide as follows:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
I. The legal description submitted with the application meets the requirements of the City of
Meridian and State Tax Commission.
2. The subject property is within the Urban Service Planning Area. Essential City services will
be made available to the subject property.
3. Prior to the rezone ordinance approval, an Addendum to the recorded Development
Agreement (DA) shall be entered into between the City of Meridian and the property owner.
Specifically, Section 4.1 on page 4 of the DA (Instrument No. 102067381) shall be modified
to allow a carwash, coffee stand/kiosk, fuel pumps and office uses. If other retail uses are
anticipated in the future, this should be included in the Addendum to avoid future
amendments, etc.
4. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5- 7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
8.
Adopt the Recommendations of ACHD as follows:
1.
Construct Venable Lane as one-half of a 40-foot street section with curb, gutter, 5-
foot concrete sidewalk on the east side of Venable Lane and a minimum of 24- feet
of pavement within 40-feet of right-of-way.
2.
Construct a 30-foot shared curb return type driveway that intersects Venable Lane
approximately 270-feet north of Us tick Road, as proposed. Pave the driveway its
full width and at least 30-feet into the site beyond the edge of pavement ofthe
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.51 ACRES FROM R-4 TO C-N
BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-O3-013)
PAGE 5 OF 22
roadway and install pavement tapers with 15-foot radii abutting the existing
roadway edge.
3.
Construct a 48-foot shared curb return type driveway with an 8-foot center island
within it that intersects Ustick Road approximately 140-feet west of the east
property line, as proposed. Pave the driveway its full width and at least 30-feet
into the site beyond the edge of pavement of the roadway and install pavement
tapers with 15-foot radii abutting the existing roadway edge.
4.
Other than the Access point that is specifically approved with this application,
direct lot access to Ustick Road is prohibited. Access restrictions will be required
to be noted on the final plat.
5.
Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of Approval
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with improving street ITontages abutting the
site shall be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.51 ACRES FROM R-4 TO C-N
BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER I (RZ-O3-013)
PAGE 6 OF 22
7.
8.
9.
C.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance # 198, also known as Ada County Highway District
Road Impact Fee Ordinance.
It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled} are compromised during
any phase of construction.
10.
No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change ITom the Ada County Highway District.
11.
Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
Adopt the Meridian Fire Department Recommendations as follows:
1. That a fire-flow as required by the International Fire Code is provided to service the entire
project. Fire hydrants shall be placed an average of 350' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
Additionally, internal fire hydrants will be required for the project.
4. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a turn around.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.51 ACRES FROM R-4 TO CoN
BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER! (RZ-O3-013)
PAGE 7 OF 22
5. All entrances and internal roads shall have a turning radius of28' inside and 48' outside.
6. Operational fire hydrants and access roads are required before combustible construction begins.
7. All building uses and processes to comply with the fire code in effect at the time of
construction.
8. No vertical obstructions or mature landscaping which obstructions the outlets of the fire
hydrant within 10'.
9. Vertical clearance for driveways shall be 13'6", this may affect tree placement in landscaping
areas.
10. All fire lanes shall have a clear driving surface which is20' wide available at all times.
D.
E.
Adopt the conditions of Sanitary Service Company as follows.:
1.
Design the enclosure per the standard recommendations of SSC for access, gates,
floor/pad, container stops/bumpers, and dimensions. Coordinate the design with
SSC. Approval of the trash enclosure design will be required prior to issuance of
a Certificate of Zoning Compliance for the project.
Adopt the action of the City Council taken at their March 16,2004 meeting as follows:
For clarification:
1.
The revised Site/Landscape Plan (Sheet L-l, by Jensen Belts) is dated 3/8/04. The
CUP shall also reflect this revised plan.
2.
The new fuel island canopy elevations sheet (by LAB Architect) is dated October,
2003. The CUP shall also reflect the revised sheet in Condition #6 of the
Recommendations.
3.
The revised Site/Landscape Plan reflects most of the modifications required, but
the Plan does not reflect the following:
a) a detached sidewalk on Ustick Road (PP condition #2)
b) right-of-way landscape improvements adjacent to Ustick Road (PP
condition #8.b.)
c) parallel parking stall change (CUP condition #7, page 2)
4.
The above modifications (3 above) must be made during the Final Plat and/or
CZC approval process.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.51 ACRES FROM R-4 TO C-N
BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-O3-013)
PAGE 8 OF 22
5.
The proposed school site is presently conceptual, as the school district has not
decided on a layout as of yet.
6.
Hours of operation for the drive-through coffee stand shall be ITom 6:00 a.m. to
8:00 p.m.
Hours of operation for the car wash (no more than three (3) vacuums allowed),
and two (2) fuel pumps shall be allowed as a 24 hour operation.
Hours offuel delivery and reITigerated truck operation shall be from 7:00 a.m. to
6:00 p.m.
The decibel levels generated at the site shall be required to comply with Meridian
City Code 6-3-6.
7.
The developer shall also be required to comply with all the conditions set forth in
the corresponding applications, which are PP-03-044 and CUP-03-067.
15.
It is found that the 2002 Comprehensive Plan Future Land Use Map designates the
subject property as "Mixed Use - Community" with a Neighborhood Center. The purpose of this
designation is "to provide. a blend of high-density residential, small-scale commercial,
entertainment, office and open space uses that are geared to serve all residents within a one to
two square mile area. The centers should offer an internal circulation system that connects with
adjacent neighborhoods or regional pathway(s). They will also serve as public transit locations
for future park and ride lots, bus stops, shuttle bus stops or other alternative modes of
transportation." (Chapter VII, pg. 95) The requested C-N zoning generally conforms to this
stated purpose and intent of the MU-Community designation.
The following 2002 Comprehensive Plan policies are applicable to this application:
Chapter VII, pgs. 97-98, Chapter IV, Goal I, Obj. A. #6, Chapter VII, Goal I, Obj. B #5,
Chapter V, Goal 111, Obj. D #5, Chapter VI, Figure VI-5, Chapter VI, Goal II, Obj. A #3,
Chapter VI, Goal II, Obj. A #13.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.51 ACRES FROM R-4 TO C-N
BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-O3-013)
PAGE 9 OF 22
16.
The general vicinity of this project is experiencing a rapid change from
agricultural and low-density residential uses to urban scale development. Cedar Springs
Subdivision is a 100+ acre development immediately north of the subject property. Other
development in the vicinity includes Settlers Park, a municipal water reservoir, a church and
Sundance Subdivision. A rezone and preliminary plat request for a 70+ lot, R-8 subdivision
(Salisbury No.2) is currently before the Commission and lies approximately v., mile south of the
subject site. Ustick Road is not scheduled by ACHD for any improvements in the Work Program
or CIP. It is found that a rezone of the proposed property would be compatible with the land use
changes in the area.
17.
It is found that any future uses, if designed, constructed and operated in
accordance with adopted city ordinances and future CUP applications, should be harmonious and
appropriate in appearance with the intended character of the vicinity. The area is intended to be a
mixed use area which, based on the Comprehensive Plan description will have such uses as retail
stores, garden centers, restaurants, drive-thru facilities and auto service stations.
18.
It is found that the majority of future uses on the subject property will not be
hazardous or disturbing to existing or future neighboring uses if all development and landscaping
ordinances are applied. Both future elementary school and existing single family residence to the
east are less intensive uses than the office and auto-oriented services. Therefore, appropriate
buffers will be required on the north and east boundaries, unless otherwise reduced through the
CUP/PD application. It is not anticipated that the proposed uses will be disturbing or hazardous
to the neighboring residential uses.
19.
It is found that roadway improvements will be required on Ustick Road to handle
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.51 ACRES FROM R-4 TO C-N
BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER I (RZ-03-013)
PAGE 10 OF 22
the additional traffic generated by this and future development. If Venable Lane is extended
south of Us tick Road in the future, warrants may be met to require a traffic signal. Sanitary
sewer and water are either currently available or under construction to provide service to the area.
On January 9, 2004, a joint agency/department comments meeting was held with representatives
of key service providers to this property, and said conditions are listed in paragraph 14
hereinabove.
20.
It is found that the proposed development will not cause excessive additional
requirements at public cost. The White Drain Trunk extension was funded by the City of
Meridian but will not create new demands on the public coffer for this development. Other
required site improvements will be funded and constructed by the developer.
21.
It is found that the fuel island and car wash uses may involve activities, processes,
materials, equipment or conditions that could produce excessive traffic and noise and have other
negative public impacts. It is believed that the proposed uses will not be excessive or
unreasonable. Hours of operation, hours of fuel delivery, and any refrigerated truck operation
shall be as follows:
Hours of operation for the drive-through coffee stand shall be ITOm 6:00 a.m. to 8:00 p.m.
Hours of operation for the car wash (no more than three (3) vacuums allowed), and two
(2) fuel pumps shall be allowed as a 24 hour operation.
Hours offuel delivery and reITigerated truck operation shall be from 7:00 a.m. to 6:00
p.m.
The decibel levels generated at the site shall be required to comply with Meridian City
Code 6-3-6.
21.
It is found that any future uses will impact the level and flow of traffic on the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.51 ACRES FROM R-4 TO C-N
BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-O3-013)
PAGE 11 OF 22
surrounding streets. ACHD estimates the site to generate 1,380 additional vehicle trips per day
(0 existing). Improvements to Venable Lane and Ustick Road are required ofthe developer to
bring the facilities up to acceptable standards. It is also found that it will be important to create a
safe and protected environment for children attending the future school site. The applicant shall
comply with ACHD policies in order to preserve the capacity and movement on the adjacent
roadways.
22.
It is found that the proposed development will not result in the destruction, loss or
damage of other natural features.
23.
It is found that the rezone of this property would be in the best interest of the City
for the following reasons:
. increased commercial land base available to future builders/developers;
. increased property tax revenue;
. municipal services are available to the area; and
. application substantially complies with the Comprehensive Plan.
. providing retail and other services near existing residences
CONCLUSIONS OF LAW
1.
The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
2.
The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho
Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6,
2002, Resolution No. 02-382.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.51 ACRES FROM R-4 TO CoN
BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-O3-013)
PAGE 12 OF 22
3.
The requested zoning of Neighborhood Business District, (C-N) is defined in the
Zoning Ordinance at 11-7-2 H as follows:
(C-N) Neiehborhood Business District: The purpose of the C-N District is to permit the
establishment of small scale convenience business uses which are intended to meet the
daily needs of the residents of an immediate neighborhood (as defined by the policies of
the Meridian Comprehensive Plan; to encourage clustering and strategic siting of such
businesses to provide service to the neighborhood and avoid intrusion of such uses into
the adjoining residential districts. All such districts shall give direct access to
transportation arterial or collectors, be connected to the Municipal water and sewer
systems of the City, and shall not constitute all or any part of a strip development concept.
4.
Idaho Code § 67-6511 provides and requires that the City shall establish by
ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive
Plan and the ordinance establishing zoning districts can be amended with particular consideration
given to the effects of any proposed zone change upon the delivery of services by any political
subdivision providing public services, including school districts, within the City's planning
jurisdiction and that it is in conformance with the Comprehensive Plan.
5.
Idaho Code § 67-6511A provides:
Each governing board may, by ordinance adopted or amended in accordance with the
notice and hearing provisions provided under section 67-6509, Idaho Code, 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. The governing board shall adopt
ordinance provisions governing the creation, form, recording, modification, enforcement
and termination of conditional commitments.
6.
The City of Meridian by the adoption of Meridian City Code §II-15-12 has
exercised its authority 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 property.
7.
§ 11-6-1 ZONING DISTRICT MAP provides in part as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.51 ACRES FROM R-4 TO C-N
BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-O3-013)
PAGE 13 OF 22
The districts established in this Ordinance as shown on the Official Zoning Map, together
with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where
uncertainty exists with respect to the boundaries of any of the zoning districts as shown
on the Official Zoning Map, the following shall apply:
7.1
7.2
7.3
7.4
8.
Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of-way lines, streams, lakes
or other bodies of water, the centerline shall be construed to be such boundary;
Where district boundaries are so indicated that they approximately follow the lot
lines, such lot lines shall be construed to be said boundaries;
Where district boundaries are so indicated that they are approximately parallel to
the centerlines or street lines of streets, or the centerlines or right-of-way lines of
highways, such district boundaries shall be construed as being parallel thereto and
at such distance therefrom as indicated on the Official Zoning Map. If no distance
is given, such dimensions shall be determined by the use of the scale shown on the
Official Zoning Map; and
Where the boundary of a district follows a railroad line, such boundary shall be
deemed to be located in the middle of the main tracks of said railroad line.
§ 11-15-110fthe Meridian City Code GENERAL STANDARDS
APPLICABLE TO ZONING AMENDMENTS provides in part as follows:
The Commission and Council shall review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment:
8.1
8.2
8.3
8.4
8.5
The new zoning will be harmonious with and in accordance with the
Comprehensive Plan.
The area is not intended to be rezoned in the future.
The area is intended to be developed in the fashion that is allowed under the new
zoning.
There has been no change in the area or adjacent areas which would dictate the
area should be rezoned.
The proposed uses will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.51 ACRES FROM R-4 TO C-N
BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-O3-013)
PAGE 14 OF 22
8.6
8.7
8.8
8.9
8.10
8.11
8.12
of the general vicinity and that such use will not change the essential character of
the same area;
The proposed uses will not be hazardous or disturbing to existing or future
neighboring uses;
The area will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
proposed zoning amendment shall be able to provide adequately any of such
services;
The use 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;
The proposed uses will 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;
The area will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public streets;
The use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
The proposed zoning amendment is in the best interest of the City of Meridian.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City
Council does hereby Order and this does Order:
1.
The Applicant's request for rezone of approximately 5.51 acres as a five (5) lot
commercial subdivision including four (4) office buildings, car wash, two fuel pumps and a
drive-through coffee stand; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.51 ACRES FROM R-4 TO C-N
BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER I (RZ-O3-013)
PAGE 15 OF 22
2.
The following special terms and conditions of use anddevelopment relate to this
application to-wit:
A.
Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
1. The legal description submitted with the application meets the requirements of the City
of Meridian and State Tax Commission.
2. The subject property is within the Urban Service Planning Area. Essential City services
will be made available to the subject property.
3. Prior to the rezone ordinance approval, an Addendum to the recorded Development
Agreement (DA) shall be entered into between the City of Meridian and the property
owner. Specifically, Section 4.1 on page 4 of the DA (Instrument No.1 02067381) shall
be modified to allow a carwash, coffee stand/kiosk, fuel pumps and office uses. If other
retail uses are anticipated in the future, this should be included in the Addendum to avoid
future amendments, etc.
4. Any existing domestic wells and/or septic systems within this project will have to be
removed ITom their domestic service, per City Ordinance Section 5-7-517, when services
are available ITom the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
8.
Adopt the Recommendations of ACHD as follows:
1. Construct Venable Lane as one-half of a 40-foot street section with curb, gutter, 5-
foot concrete sidewalk on the east side of Venable Lane and a minimum of 24- feet of
pavement within 40-feet ofright-of-way.
2. Construct a 30-foot shared curb return type driveway that intersects Venable Lane
approximately 270-feet north of Us tick Road, as proposed. Pave the driveway its full
width and at least 30- feet into the site beyond the edge of pavement of the roadway
and install pavement tapers with 15-foot radii abutting the existing roadway edge.
3. Construct a 48-foot shared curb return type driveway with an 8-foot center island
within it that intersects U stick Road approximately 140- feet west of the east property
line, as proposed. Pave the driveway its full width and at least 30-feet into the site
beyond the edge of pavement of the roadway and install pavement tapers with 15-foot
radii abutting the existing roadway edge.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.51 ACRES FROM R-4 TO C-N
BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER I (RZ-O3-013)
PAGE 16 OF 22
4. Other than the Access point that is specifically approved with this application, direct
lot access to Ustick Road is prohibited. Access restrictions will be required to be
noted on the final plat.
5. Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved
in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with
file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-
of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.51 ACRES FROM R-4 TO CoN
BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER I (RZ-O3-013)
PAGE 17 OF 22
C.
least two full business days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are
in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall
be upon the applicant to obtain written confirmation of any change from the Ada
County Highway District.
II. Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time
the change in use is sought.
Adopt the Meridian Fire Department Recommendations as follows:
1. That a fire-flow as required by the International Fire Code is provided to service the entire
project. Fire hydrants shall be placed an average of 350' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water Department.
3.
Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
Additionally, internal fire hydrants will be required for the project.
4.
The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have a turn around.
5.
All entrances and internal roads shall have a turning radius of28' inside and 48' outside.
6.
Operational fire hydrants and access roads are required before combustible construction
begins.
7.
All building uses and processes to comply with the fire code in effect at the time of
construction.
8.
No vertical obstructions or mature landscaping which obstructions the outlets of the fire
hydrant within 10'.
9.
Vertical clearance for driveways shall be 13' 6", this may affect tree placement in
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.51 ACRES FROM R-4 TO CoN
BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-O3-0I3)
PAGE 18 OF 22
landscaping areas.
10. All fire lanes shall have a clear driving surface which is20' wide available at all times.
D.
E.
Adopt the conditions of Sanitary Service Company as follows:
Design the enclosure per the standard recommendations of SSC for access, gates,
floor/pad, container stops/bumpers, and dimensions. Coordinate the design with
SSe. Approval of the trash enclosure design will be required prior to issuance of
a Certificate of Zoning Compliance for the project.
Adopt the action of the City Council taken at their March 16,2004 meeting as follows:
For clarification:
1.
The revised Site/Landscape Plan (Sheet L-l, by Jensen Belts) is dated 3/8/04. The
CUP shall also reflect this revised plan.
2.
The new fuel island canopy elevations sheet (by LAB Architect) is dated October,
2003. The CUP shall also reflect the revised sheet in Condition #6 of the
Recommendations.
3.
The revised Site/Landscape Plan reflects most of the modifications required, but
the Plan does not reflect the following:
. a detached sidewalk on Ustick Road (PP condition #2)
. right-of-way landscape improvements adjacent to Ustick Road (PP
condition #8.b.)
. parallel parking stall change (CUP condition #7, page 2)
4.
The above modifications (3 above) must be made during the Final Plat and/or
CZC approval process.
5.
The proposed school site is presently conceptual, as the school district has not
decided on a layout as of yet.
6.
Hours of operation for the drive-through coffee stand shall be from 6:00 a.m. to
8:00 p.m.
Hours of operation for the car wash (no more than three (3) vacuums allowed),
and two (2) fuel pumps shall be allowed as a 24 hour operation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REWNING OF 5.51 ACRES FROM R-4 TO C-N
BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER / (RZ-O3-013)
PAGE t9 OF 22 '
Hours of fuel delivery and refrigerated truck operation shall be ITom 7:00 a.m. to
6:00 p.m.
The decibel levels generated at the site shall be required to comply with Meridian
City Code 6-3-6.
7.
The developer shall also be required to comply with all the conditions set forth in
the corresponding applications, which are PP-03-044 and CUP-03-067.
3.
The City Attorney shall prepare for consideration by the City Council the
appropriate ordinance for the re-designation of the zoning for the real property which is the
subject of the application to (C-N) Neighborhood Business District (Meridian City Code § 11-7-2
D) which ordinance shall be considered for passage.
4.
Subsequent to the passage of the Ordinance, provided for in Section 2 of this
Order, the engineering staff of the Public Works Department shall prepare the appropriate
mapping changes of the official Zoning Maps as provided in Meridian City Code § 11-21-1 in
accordance with the provisions of the rezoning ordinance.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.51 ACRES FROM R-4 TO C-N
BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER I (RZ-03-0 13)
PAGE 20 OF 22
interest in real property which may be adversely affected by this decision 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
/ ¡-7l!
day of
ðpo7
,2004.
ROLL CALL
COUNCILMAN WARDLE
VOTED~
VOTED~
COUNCILMAN NARY
COUNCILMAN ROUNTREE
VOTED~
COUNCILMAN BIRD
VOTED~
MAYOR TAM4'- de, ,~E~IE BREAKER)
DATED: -/éJ -tJ
-
VOTED-
MOTION: V
APPROVED:-f\7-
DISAPPROVED:-
~
Attest:
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. ~.:: (h..:--:, 'f>'t- ",,'i'
, ',,-VUNrf, ""
FINDINGS OF FACT AND CONCLUSIONS OF't\\'W""1\\\\
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.51 ACRES FROM R-4 TO CoN
BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER I (RZ-O3-013)
PAGE 21 OF 22
Copy sen:ed upon Applicant, the Planning and Zoning Department, Public Works Dep~t""/ IIIIII
and the CIty Attorney. "",~-( (ff ~ 111///
" A' '1'A. -:.
j V' ........-..~~ ." %
~ - r -0 -
By: '. -= ~~( r;-. Dated: -tJ-1-~ ~
City Clerk
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 5.51 ACRES FROM R-4 TO C-N
BY: KEVIN HOWELL FOR CEDAR SPRINGS PROFESSIONAL CENTER I (RZ-O3-013)
PAGE 22 OF 22