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HomeMy WebLinkAboutMittleider Rezone RZ-04-010 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Rezone of 0.68 Acres from R-4 to 0- T Zoning for Novena Mittleider, Janice Mittleider Smith, and Leon Smith. Case No(s). RZ-04-010 RECEIVED OCT 0 7 2004 City Of Meridian City Clerk Office For the City Council Hearing Date of: September 14, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. b. The matter was duly considered by the City Council at the September 14, 2004 public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). Those that testified at the City Council public hearing included: i. In favor- Leon Smith ii. In opposition - Wallace Newton, Connie Thompson, Sandra Newton, Shirley Smith, and Diane Green Commenting - Gary 1nselman, ACHD iii. iv. Staff - Anna Canning c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. d. 2. Process Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-O4-010 - PAGE I There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner( s) of record at the time of issuance of these findings are Leon Smith, Janice Mittleider Smith and Nevella Mittleider. 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit C for the findings required for the subject application. B. Conclusions of Law. I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.c. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A and the Conditions of Approval in Exhibit B. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: . CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S).RZ-04-010 -PAGE 2 I. The site specific conditions and comments of approval are as shown in Exhibit B. D. Notice of Final Action and Right to Regulatory Takings Analysis I. 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. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval 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. E. Exhibits Exhibit A: Legal Description (2) Exhibit B: Conditions of Approval Exhibit C: Rezone Findings By action of the City Council at its regular meeting held on the Sth O{l-tobb- , 2004. day of COUNCILMAN SHAUN WARDLE VOTED~ VOTED~ "CötJNCILlvlfJ.:W J3ILL MAA 1 COUNCILMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED~ MAYOR TAMMY de WEERD VOTED- ~B~) ~.. . . ~ Mayor T eerd CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-04-010 - PAGE 3 Attest: w 1I:t; !;/!:;kl ~ f and City Attorney. By: ~ l JLti.M-J City Clerk Dated: 10-14-04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-O4-0IO - PAGE 4 r ,pit If" PROPERTY DESCRIPTION OF 125 WEST CHERRY LANE EXHIBIT "A" Lots 1 and 2 of Block 2 of WILSON ADDITION TO MERIDIAN, according to the official plat thereof, filed in Book 12 of Plats at 708, records of Ada County, Idaho. EXCEPTING THEREFROM: Any lands on the north boundary of Lots 1 and 2 which fall within the Cherry Lane south right-of-way, identified as any property north of a line 40' from and parallel to the centerline of Cherry Lane. This exception is intended to include 15' of additional right-of-way, to the original 25' of right-of-way south from the centerline of Cherry Lane. ~ r-C~ " - ~_. ' \ ~ON E. SMITH, J SUBSCRIBED AND SWORN to before me this ~ day of ~ vl <? , 204. NOTARY PUBLIC for Idaho Commission Expires: ~~ ~ .\ 'e E'f 'tt .!:ß J:T A ff\'b£ \ ---- ~ , \ '8 . PROPERTY DESCRIPTION OF 1649 WEST FIRST STREET EXHIBIT "A" Lots 3 and 4 of Block 2 of WILSON ADDITION TO MERIDIAN, according to the official plat thereof, filed in Book 12 of Plats at 708, records of Ada County, Idaho. EXCEPTING THEREFROM, Any lands on the north boundary of Lots .3 and if- which fall wi thin the Cherry Lane south right-of-way, identified as any property north of a line 40' from and parallel to the centerline of Cherry Lane. This exception is intended to include 15' of additional right-of-way, to the original 25' of right-of-way south from the centerline of Cherry Lane. ~~,'C¿ . ~ ' ~E. SMITH' '-. ) SUBSCRIBED AND SWORN to before me this ~ day of .!A"'-~ ,2004. NOTARY PUBLIC for Idaho Commission Expires: ~ r~~~ JUN 2 2004 Meridian Public ,. Works Dept. \ 1\11 6iW-Q?:L\ - r" ?~L EXHIBIT B The City Council of the City of Meridian hereby approves the Rezone as requested by the Applicant for the property described in the application, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: I. Add a sentence to the end of the second bullet in Site Specific Condition #4 on Page 7 that reads: "Uffiil Stlefl time flS the et!ffellt Jise liS resièÐfttia-l efl!ffiges, the current access to Cherry Lane is acceptable." . B. Adopt the Recommendations of the Meridian Planning & Zoning Department and Public Works Department as follows: ANNEXATION AND ZONING SITE-SPECIFIC CONDITIONS AND COMMENTS 1. The submitted legal description appears to meet the requirements of the City of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits. ' 2. The subject property is within the Urban Services Planning Area. 3. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time ofdevelopment. 4. Prior to the rezone ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian anq the property owners. The DA shall require that: . Retail commercial uses (e.g. - convenience stores, service stations, bars, restaurants, retail stores, sales lots, etc.) are prohibited on this site. . Aeeess 1'6 CfleI"IY L!lfle is prehibitecl. Access to this site will be provided from West 1st Street and West 2nd Street with cross-access between all of the lots. DRill suell time liS the eurreBt use as l'esideBBal ehllBges, the current access to Cherry Lane is acceptable. . The applicant will be responsible for all costs associated with the sewer and water service upgrade. . Any other conditions desired by the Commission and Council. 5. 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 C. services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. Adopt the recommendations of the Meridian Fire Department as follows: MERIDIAN FIRE DEPARTMENT COMMENTS/CONDITIONS 1. Provide fire hydrant spacing per the International Fire Code. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does nothave addresses on it. c. Fire hydrant markers shall be provided per Public Works specs. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. D. 2. All future entrance and internal roads/fire lanes shall have a turning radius of 28' inside and 48' outside. 3. Maintain a separation of 5' between future buildings and dumpster enclosures. 4. All processes & storage practices shall be required to comply with the Intemational Fire Code. 5. Provide exterior egress lighting as required by the Intemational Building & Fire Codes. For clarification (per action of the City Council on 9-14-04): 1. Direct access to Cherry Lane is not prohibited with this application. 2. When a development application (CUP) is submitted for this site, notices shall be sent to property owners within 600-feet of said property. EXHIBIT C The City Council hereby approves the following analysis of required findings by staff, with strikethrough modifications, as noted. ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to 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. " Thefollowing is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; The 2002 Comprehensive Plan Future Land Use Map designates the east half of the subject property as "Old Town" and the west half of the property as "Medium Density Residential". In Chapter VII of the Comprehensive Plan, Old Town uses will include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. Staff finds that the requested 0- T zoning generally conforms to this stated purpose and intent of the Old Town designation. Please see Special Considerations for Rezone below for further analysis of the proposed zoning designation and the existing Comprehensive Plan Future Land , Use Map designation of this property. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): . "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) On the submitted conceptual plan, the applicant is proposing direct access to Cherry Lane. This site has frontage on not only Cherry Lane. but also West 1st Street and West 2M Street. Therefore, staffrecommends that direct access to Cherry Lane be restricted. See Special Considerations for Rezone below for fùrther analysis. . "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) D. An appropriate landscape buffer along Cherry Lane will be required by the City when an application for a CUP/CZC is submitted. . "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action item 5) The subject property has frontage on Cherry Lane, an arterial roadway. Staff believes that the conversion of this property from residential to office will compliment the existing residential uses/structures in the area if designed properly. . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The applicant is not specifically proposing to install any landscaping with the subject annexation application. Staff is including a condition requiring the applicant to submit for a Conditional Use Permit (CUP) which, when processed, will require the applicant to construct landscaping along Cherry Lane and the perimeter of the site. Staff finds that the new zoning to O-T should be harmonious with and in accordance with the Comprehensive Plan. Please see Special Considerationsfor Rezone below for further analysis. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; In the applicant's submitta1letter, it is stated that the subject property is intended to be used for dental office purposes. Currently, the only (principally) permitted uses in the O-T zone are single-family homes, libraries, churches, and museums. All other uses in the O-T zone, that are not prohibited, require separate Conditional Use Permit approval. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; The general vicinity of this project is changing rapidly. In this area there are several other parcels that have/are/will be converting from residential to office and commercial uses. On the north side of Cherry Lane, between Meridian Road and Linder Road, and along Main Street, there are many sites that have converted to office and commercial uses. Due to increasing traffic volumes on Cherry Lane, staff believes that the use of this property for residential purposes is not the best use of the land. Although Cherry Lane has not been widened recently, it is currently a 5-lane roadway (center turn lane), with curb, gutter and sidewalk in this area. Staff finds that rezoning this site to O-T is consistent with other land uses and facility changes in the area. E. Willthe proposed uses he 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; The applicant is not proposing a specific use or building design with this application. Staff finds that the anticipated office/clinic use if designed, constructed and operated in accordance with adopted city ordinances, through a future CUP/CZC application(s), should be harmonious and appropriate in appearance with the existing and intended character of the vicinity. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Staff finds that the use of this site for professional office/clinic purposes should not be hazardous or disturbing to existing or future neighboring uses if all development and landscaping ordinances are exercised. The Commission and Council should rely on public testimony to determine whether the proposed O-T zoning will be disturbing or hazardous to the neighboring residential, quasi- public, and/or commercial uses. G. Will the area 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; All essential public facilities and City services listed above currently serve this site, however, upgrading may be necessary to provide a level of service different from a residential use. Staff finds that the current configuration of Cherry Lane, and the anticipated widening of Meridian Road in this area should be adequate to serve this site into the future. On July 23,' 2004, a joint agency/department comments meeting was held with I. J. representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site as an office/clinic, as the fire hydrants near this site may not be located in accordance with the International Fire Code (all of the detailed conditions from the Fire Department and other agencies/departments are at the end of this report). The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, and any other agency providing service to this site, regarding their ability to adequately service this project. Staff finds that the property proposed for rezone can be served adequately by all essential public facilities and services. H. 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; Staff finds that changing the zoning of this site will not cause excessive additional requirements at public cost. Other required site improvements will be funded and constructed by the developer through the CUP/CZC process. Staff also finds that the rezoning of this site to O-T will not be detrimental to the community's economic welfare. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; The applicant is not proposing a specific use for this property at this time. It is anticipated that a professional office(s) or dental/medical clinic(s) may be constructed on this site in the future. Staff finds that an office/clinic type use will create additional traffic on adjacent arterial roads. Further, the parking and maneuvering of cars on the site may generate additional noise for surrounding properties. However, staff does not believe that the additional noise should be excessive. Staff does not anticipate an office/clinic use will create excessive smoke, fumes, glare, or odors that will be detrimental to any person, property or the general welfare of the area. To ensure this finding, all future uses on this site will be required to go through the Conditional Use Permit and/or Certificate of Zoning Compliance process and will be subject to compliance with City Code. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Future vehicular access points to Cherry Lane, West 1 st Street, and West 2nd Street should comply with ACHD policies. III a!'àer ta J!re~en e the e!IfJaeit) and L. m.evemeftt eH Chei'I'Y Lane, staff reeelillfum6s that, ehieuhtr appreaehes te CÌiefi) Lllfie be l'fÐhibiæà flfià aeeeS3 it') this site be pre t:iàeà fl'am West I"' Street !I:fld ~"" -Street If a vehicular approach is approved to the site that is designed and constructed in accordance with ACHD policies, staff finds that the approach(es) will not create an interference with traffic on the surrounding public street(s). Please see Special Considerations below and review any comments from ACHD for additional information regarding this finding. K. Will not result in the destruction. loss or damage of a natural or scenic feature of major importance; and Staff is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be rezoned and developed with office/clinic uses. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. Is the proposed zoning amendnlent in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" For the reasons listed in the findings above, staff finds that the rezonin¡! of this pro/Jertv would be in the best interest of the Citv.