HomeMy WebLinkAboutRaymond Estates Subdivision RZ-04-012
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of the Request for Rezone of 3.74 Acres from I-L & CoG Zones to Entirely
CoG Zone for Raymond Estates Subdivision
Case No(s). RZ-04-012
For the Cij:y_Çouncil Hearing Date of: December 14, 2004
A. Findings of Fact
l. 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 10 days before said
hearing. All other noticing was done consistent with Idaho Code §67-6509.
The matter was duly considered by the City Council at the December 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.
b.
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).
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
c.
d.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. 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 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O4-012 - PAGE 1 of 14
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) ofrecord at the time of issuance of these
fmdings is Ronald W. Van Auker.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit E for the findings required for this application;
B. Conclusions of Law
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 (LC. §67-6503).
1. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 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.
2. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-17-9.
3. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
4. 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.
5. 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.
6. That this approval is subject to the Legal Description and Map in Exhibit A.
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:
l. The applicant's rezone request as evidenced by having submitted a legal description and
map for the subject property is hereby conditionally approved.
Notice of Final Action and Right to Regulatory Takings Analysis
D.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O4-012. PAGE 2 of 14
l. 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 ofthe 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 & Map
Exhibit B: Meridian Planning & Zoning Department Comments
Exhibit C:
Conceptual Development Plan
Exhibit D: ACHD Comments
Exhibit E:
Rezone Findings
By action of the City Council at its regular meeting held on the
Cl~-d- ' 2005.
I/-f!:;.. day of
COUNCIL MEMBER SHAUN WARDLE
VOTED -þ
VOTED-þ
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER KEITH BIRD
VOTED~
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
MAYOR TAMMY deWEERD
(TIE BREAKER)
-
VOTED-
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'y :.. do WoonI
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O4-012. PAGE 3 of 14
and City Attorney.
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O4-O12 - PAGE 4 of 14
EXHIBIT A
LEGAL DESCRIPTION & MAP
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REZONE DESCRIPTION
For Ron Van Auker
JQb !>Ie. 04092 September 24, .2004
Land in the SW1/4 ofSeclian 9, T3N, R1E, B.M., City olM$I1c1ian, Ada County, Idaho,
described as follows:
COMMENCING at the Southwest Comer of said Section 9;
thence, alon9 the South Une of said Section 9, North 89"11'46" East, 1078.03 feet, to
the In1ersecllon of the cenœrline 01 North Gaudians Ave., with said Section Line, and
the POINT OF BEGINNING;
thence, alon9 said cenl8!line, North 08°55'12" West, 487.66 feet;
thenœ North 89°11'46" EaSt, 435.67 feet, to a se15/8Inch rebar.
thence South 00°48'14" Eest, 465.00 feet, to a point on the South Line of said Section
9;
thence alon9 Section LIne, South 89'11'46" West, 366.05 feet, to the POINT OF
BEGINNiNG.
Contelning 4.39 Acres, more or less.
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CASE NO(S). RZ-O4-0I2 - PAGE 5 of 14
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CASE NO(S). RZ-O4-O12 - PAGE 6 of14
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EXHIBIT B
MERIDIAN PLANNING & ZONING DEPARTMENT COMMENTS
REZONE SITE-SPECIFIC 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 of development.
4. A Certificate of Zoning Compliance (CZC) application shall be submitted for approval for
construction of any new building on the site. It is anticipated that future development will be
consistent with the conceptual site plan submitted with the Rezone application.
5. The applicant should consult with Rich Greene, Meridian Fire Department, regarding Fire
Department issues prior to submitting for CZC.
6. 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O4-012 - PAGE 7 of14
EXHIBIT C
ACHD COMMENTS
Site Specific Conditions of Approval
1.
Construct a 25-foot wide driveway that intersects Gaudians Avenue approximately 200-
feet north of Franklin Road, as proposed.
2.
Construct a 40-foot wide shared driveway that intersects Gaudians Avenue at the
property's north property line (20-feet on this property and 20-feet on the property to the
north). Provide the District with a copy of a recorded cross access agreement between the
two properties allow each property to utilize the shared driveway to access the public
transportation system.
3.
Pave the driveways their full width and at least 30-feet into the site beyond the edge of
pavement of Gaudians Avenue and install pavement tapers with IS-foot radii abutting the
existing roadway edge.
4.
Comply with all Standard Conditions of Approval.
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 ofIdaho shall prepare and certifY all improvement plans.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-Q4-012 - PAGE 8 of 14
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 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.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O4-O12 - PAGE 9 of14
EXHIBIT D - CONCEPTUAL DEVELOPMENT PLAN
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSiONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O4-0I2 -PAGE to of 14
EXHIBIT E
REZONE FINDINGS
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 a portion of the subject
property adjacent to E. Franklin Road as "Commercial" and the northern portion of the
parcel "Industrial," as the property is currently zoned. An application for a
Comprehensive Plan Amendment has not been submitted.
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);
. "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 E. Franklin Road, a principal arterial roadway.
Staff believes that the commercial development of this property will compliment the
existing residential uses/stroctures in the area if designed properly.
. "Require appropriate landscape and buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item
4)
An appropriate landscape buffer along E. Franklin Road will be required by the City
when an application for a CZC is submitted.
. "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
rezone application. Staff is including a condition requiring the applicant to submit for
a Certificate of Zoning Compliance (CZC) which, when processed, will require the
applicant to constroct landscaping along E. Franklin Road and the perimeter of the
site.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O4-O12 - PAGE I I of 14
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;
The subject property will be developed as a retail use, which is consistent with the
requested C-G zoning. Retail uses are permitted in the CoG zone according to MCC 11-8-
1. A Certificate of Zoning Compliance (CZC) is required for construction of a new
building on the site.
D.
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 property is changing rapidly. Just west of the property,
Franklin Road is in the process of being widened to five lanes from Main Street to N.
Eagle Road. Franklin Road to Cloverdale Road is also in ACHD's five-year work plan to
be widened. Due to increasing traffic volumes on E. Franklin Road, staff believes that the
use of this property for commercial purposes is the best use of the land.
The property to the west (R.C. Willey), the subject property, and the property directly to
the east fronting E. Franklin Road are all zoned CoG. The property across the street,
zoned L-O (Limited Office), is in the process of being developed as a large senior living
community (Meadowlake Village). This portion of E. Franklin Road on which the
property fronts, is also an entryway corridor into the City.
A portion of the subject property is currently zoned CoG. This request is for an extension
of the CoG zone to the north.
Staff finds that rezoning this site to CoG is consistent with other land uses and changes in
the area.
E.
Will the proposed uses be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character
of the general vicinity and that such use will not change the essential character of
the same area;
The applicant is proposing a future retail use, but is not proposing a building design with
this application. Staff finds that the anticipated retail use if designed, constructed, and
operated in accordance with adopted city ordinances, through a future CZC application,
should be harmonious and appropriate in appearance with the existing and intended
character of the vicinity.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O4-012 - PAGE 12 ofl4
F.
G.
H.
I.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
Staff finds that the use of this site for retail sales purposes should not be hazardous or
disturbing to existing or future neighboring uses if all development and landscaping
ordinances are complied with. The Commission and Council should rely on public
testimony to determine whether the proposed extension of the current CoG zoning will be
disturbing or hazardous to the neighboring properties.
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 are available to this site. Staff
finds that the current configuration of Franklin Road and the anticipated road widening
should be adequate to serve this site in the future.
The Commission and Council should reference any written or verbal testimony submitted
by the Meridian Police Department, the Meridian Fire 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.
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 on the northern portion of this property to CoG will
not cause excessive additional requirements at public cost. Other required site
improvements will be funded and constructed by the developer through the CZC process.
Staff also finds that the rezoning of this portion of the property 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 proposing this property be used for retail sales in the future. Staff finds
that a retail 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 a retail 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O4-012 -PAGE 13 of 14
the Certificate of Zoning Compliance process and will be subject to compliance with City
Code.
J.
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;
Per a conceptual development plan submitted by the applicant, vehicular access to this
site will be provided from Gaudians Avenue. All future vehicular access points to this
site should comply with ACHD policies. 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 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 commercial uses. Any
existing trees larger than 4" caliper that are removed shall be mitigated for, per the
Landscape Ordinance.
L.
Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord.
592,11-17-1992)"
For the reasons listed in the findings above, stciff finds that the rezoning of this property
would be in the best interest of the City.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUStONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O4-012 - PAGE 14 of 14