HomeMy WebLinkAboutKinetico Quality Systems RZ
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a request to Rezone 0.74 acres from L-O (Limited Office) to C-C
(Community Business), by Irma Jean Phillips.
Case No(s): RZ-04-018
For the City Council Hearing Date of: January 18, 2005
A. Findings of Fact
I. 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.
The matter was duly considered by the City Council at the January 18, 2005, 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
ofthe 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.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S).RZ-O4-018 -PAGE I of4
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 is Irma Jena Phillips.
4. Required Findings per Zoning and Subdivision Ordinance
a.
a.
See Exhibit C for the findings required for this 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 (LC. §67-
6503).
2. 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 ofthe 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 cornment(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, the Site Plan dated
September 2004 as shown in Exhibit B and the Site Specific and Standard Comments in
Exhibit C. 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:
I. The Site Specific and Standard Comments are as shown in Exhibit B.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S).RZ-O4-018 -PAGE20f4
E.
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.
F.
Exhibits
Exhibit A: Legal Description
Exhibit B:
Site Specific and Standard Comments
Zoning Amendment Findings
Exhibit C:
By action of the City Council at its regular meeting held on the
¡:=.e6r"AA-'f'~2.Ø~
IS",? day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED#-~
VOTED~
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED-
~~~
---;~._-; Woml
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O4-018 - PAGE 3 of4
Attest:
and City Attorney.
By: j~AJ..Ð..JU
City Clerk's Office
Dated: 2-1-C5
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S).RZ-O4-018 -PAGE40f4
EXHIBIT A
Kinetico Quality Systems
RZ-04-018
Legal Description
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TEALEY'S LAND 2501 8og<J. Basin Rd, . Bolsa, Idaho 83702
~ F:~=96'
PrQject. No.: 2805
Dale: November 9, 2004
DESCRIPTION FOR
, PliILLll'S PROPERTY
A par",' of rend beings portion of the SW 1f4 of the $ 114 of Section 1, T.3N.,
R.1W., a.M., Mendlan, Ads County, Idaho. as shown on R_rd of Survey No.
-' filed for "'cord In the offioe of the Ada County Reoorder, BoIse, Idaho unde,
Inatrumenl No. and more partloularly deeOllCecl as follows:
Commenolng et bnaas oep malklng the South 114 comer of said S~ion 1;
!he- along the South boUl1dety at said Sactlon 1
South as'51 '00" East 528.20 feet to a point th~
Nortf1 04'10'18' West 40.11 feet to an IrQn pin on the North righl-of-wey iine of
West Cherry Lane, said poÌ1lt belngltle POINT OF aE(¡ Nþ JNG; thence continuing
North 04'10'18' West 182.46 feet to an IrQn pin on the South boundary of
Meridian Manor No. 1 SubQMslon, as filed for record In the cffIœ of !he Ada County
Rsoorder, Boise, Idaho in Book 33 of Plats at page 1989; thence along~ald South
boundary
South 89'51'00" East 1tO.57- to an lion pin marking !he Southeast corne, of
said Mendlan Menor No. ,1 SubdIvIaion, sold point being on the Wast boI,!ndary of Tedl
&ubdMslon, as filed for "'cord fIIthe oIfiçe of lI1e Ads County Ret<irder, Boise, Idaho in
Book 35 of Plata at page'3O22; thence elong sold Wast boundary
South 01'27'00 East 182.01 feet to an Iron pin on aald NorIiI right-of-way line of
Wee! Cherry iana; thence atona seitI North right-of-way line
North 139"51'00" W_1S1.81 last to lI1e POINT 01' BEGINNING,
Saki paI'QOl of land contaIna O.65a aore, more or ress,
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4.
EXHIBIT B
Kinetico Quality Systems
RZ-O4-018
Site Specific and Standard Comments
SITE SPECIFIC COMMENTS (Rezone)
l.
The legal description submitted with the application is accurate and meets the
requirements of the City of Meridian and State Tax Commission.
2.
All development on said property shall comply with Meridian City Code.
3.
"Prior to the annexation ordinance approval, a Development Agreement (DA)
shall be entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoption), and the developer. The applicant shall contact
the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall
incorporate the following:
. Cross access to the parking lot to the east shall be provided in the
form of a stubbed asphalt drive. The applicant shall also provide a
cross access easement to benefit the adjacent property.
. Limit the hours of operation ITom 7 a.m. to 7 p.m.
. The applicant shall work with the City to obtain alternative
compliance for the required landscape buffer, along the north
property line.
A Certificate of Zoning Compliance (CZC) application shall be submitted for
approval prior to occupancy of the retail business.
FIRE DEPARTMENT COMMENTS
l. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot
aisle.
b.
The Fire hydrant shall not face a street which does not have addresses on
it.
Fire hydrant markers shall be provided per Public Works spec.
Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
Fire Hydrants shall be placed on corners.
Fire hydrants shall not have any vertical obstrnctions to outlets within 10'.
c.
d.
e.
f.
14.
15.
16.
2.
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 an approved turn around.
All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
Provide a 20' wide Fire Lane for all internal & external roadways.
Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
Fire lanes and streets shall have a vertical clearance of 13'6". This includes
mature landscaping.
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.
The officelcommerciallot will have an unknown transient population and will have
an unknown impact on Meridian Fire Department call volumes. The Meridian Fire
Department has experienced 2397 responses in the year 2003. According to a report
completed by Fire & Emergency Services Consulting Group our requests for service
are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
Maintain a separation of 5' from the building to the dumpster enclosure.
Provide a Knoxbox entry system for the complex.
The first digit of the Apartment/Office Suite shall correspond to the floor level.
All portions of the buildings located on this project must be within 150' of a paved
surface as measured around the perimeter of the building.
Provide exterior egress lighting as required by the International Building & Fire
Codes.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
All Common driveways shall be straight or have a turning radius of 28' inside and
48' outside and shall have a clear driving surface which is 20' wide.
Any chemical storage must comply with International Fire Code, Chapter 27.
Fire hydrants shall be no further than 400' from the most remote portions of the
building.
1.
SANITARY SERVICES COMMENT:
Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application.
ACHD COMMENTS:
Dlslricl policy requ.... Hoot wide attached (or 5-foot detached) oonorete sidewalk on all oolleclor
roadways and arterial roadways (7204.7.2).
Cherry Lane amentJy has e total of SO-4eet of right-of-way (4( ..feet from œnterIine) and Is Improved
with 5-1raf1k: lanes with wrtiœl ourn, gutter and sidewelk abutting the alie. Typlœlly, tI1e Dislrict
requires developmenla abutting an arterial roadway 10 dedioale 4lHeal of right,of-way from the
centerline of tI1e abutting roadway. Cue 10 the fact that Cherry Lane Is fully Improved as a 5-lane
rQsdWay with curb, gutler and sidewalk and is not an1lc:lpaledlo be WIdened In the MUte, tI1e
applicant should not be requlmd 10 dedioale any additjonaJ right-of-way or construct any additional
slrsetlmprovemen1s on CI1eny Lane aI tI1ls time.
2.
Driveways
¡¡¡strIot policy 72-F5, requires driveways located on collector or _ar roadways - a speed limll of
351r> align or offseIa minimum of 150-feet from any existing or pmposad driveway.
Dlslrict poRcy 7207.9.3 - oommerolal driveways wltI1 dairy lnimo volumes over 1.000 vern"es
10 al1\OJdmum wld1h of 35-feet. Moot oommett:lal driveways win be oonstructed as cUfb-oullype
facll- W Ioceted on local streets. Curt> retum type driveways with 15-foot radII will be required for
driveweys aooassing ooIIecto, and arterial roe_ys.
Graveled driveways abulling public - create maintenence problems due 10 gravel being Irscked
onto the roedway. In aooordance with Dls1rIcI peRcy, 7207.9.1, the applloant should be required tò
pave tI1e driveway Ita MJ wldtl1 and at least 3O-feetinlo the slie beyond the edge of pavement ortl1e
roedwsy and Inalaji pavement tapers - 15-foot redli ebutllng the e>dsting roedway edge,
The slie cu,,""by has an existing Il1-foot wide curb cut driv8way thetlnterseola Cheny Lane
epprmdmatsly 25-feet west 01 the east proper1y line. The apptlcent /8 proposing 10 uIIlizethe _ling
19-footwlde curb cut driveway. ThIs driveway is located slightly Ir> tI1e east of the oûtbound travel
lane from Cres1mont Drive. District policy requires driveways on ooIIector and artefiel roedways with
a apeed IImII of 35 MPH 10 be _In dlrsct aignment- any driveway or street or ofisat any
driveway or street by a minimum 0I15O-feet. DIstrict policy also requires all clriwweys on collector
and arlerial rQadweys 10 be oonsIrucl8d as curb ratum type driveways. In order 10 comply with
Disbk:I policy the applloent should "'move the ,""sling 18-foot wida ourb out driveway thallnt...ects
Cheny Lane a!>proxImately 25-- west of the east property line and reconslruot the driveway 10 be a
ourb retum type driveway the! Is a me>dmum of 311-Ioet In width and In alignment with Creslrnont
Drive.
3.
Olhar Ac-
Cherry Lane/8 -sified as a prinoipalerlerial. Other than the aooess point thel has speciliœlly been
approved - this appllcetion, ditect lot eooe..10 Cherry Lane Is prohibited.
;
Site Specific Conditions of Approval
c.
1.
Remove the existing III-foot wide curb cut driveway that in- Cheny Lane epproximately 25-
feet west of the east property line and reconstruolthe driveway 10 be a cu,b ratum type driveway that
Is a maximum of 35-feet In WIdth end In alignment with Creslrnonl DrIve.
Other then the aooass point thai has specifica 1y been approved with tI119 appliœtion, direct lot access
to Cherry Lane Is Prohlbllód.
2.
3.
Comply wrth .n Standard CondIlions of Approvel.
o.
Standard Comtltlons of ApProval
1.
Any exIsting Irrigation facUlties shall be re g",ted outside of the right-of-way.
All utility reIo",1fon oosts associated with ImpmvIng slrest trontag.. abutting the site shall be borne
by the deveroper.
2.
3.
Replace any existing damaged curb. gutter and sidewalk and any lliat may be damaged during the
conslructJon of the proposed development Contact Construction Servloes at 387-6280 (with file
number) for details.
Utility street cuts In pavement ~ then five yesrs old are not atlowed unless approved In writing by
the District. Contact the DIstrict's UtIlity Coordinator at 387-6258 (with file numbers) for details.
4.
5.
AU design and construction shall be In aooordenoe with Ihe Ada County Highway District Policy
Manual. ISPWC Slanderds and approved supplemen1s, ConsIJuoIIon SeNt_procedures and all
applicable ACHD Ordlnen- unless spedfioslly waived herein. An englnser reglalered In the State
of Idaho shall _are and oertify an Improvement plans.
The appllosnt shall submH revllled plans for sIB" approval. prior to Issuance of building permit (or
other required permits). whloh In"""""""", any required design ohenges.
6.
7.
Construction, use and property deveJopmenl shall be In confonnance with an appUcable requirements
of the Ads County Highway DJsfrIct prior to District approval for oooupancy.
Payment of appllœble fOed I",pact te.. are requlnad prior 10 buikllng construction In accordance with
Ordlnanee #200. also known as Ads County Highway DJatrIç Roed Impact Fee, Ordinance.
8.
9.
" Ie 111. "",ponslbllity 01 the eppllosnt 10 verify an existing utllllles whhln the right-of-way. The
applicant aI no cast 10 ACHD shall repair exIaIIng utillli.. damaged by the applicant. The applIcant
shaH be required 10 call DlGUNE (1-6Q0.3Q-1585) aI_t two lull busIness days prior 10 breaking
ground within ACHD rlght-of-wey. The applicant shall contact ACHDTraffiç Operations 387-6190 In
the event any ACHD oonduils (spare or fiiled) ere camP/Of'/llSeCl during any phase of oonsIruction.
No ohange in !he terms and ooncIItions of this approval shall be valid unl8Os they are rn wrl6ng and
signed by lhe eppllcanl or the applicant's authorized repreaenIBIiva and an authorized representative
of the Ada County Highway Di$trIct. The burden shall be upon the appnosnt 10 obtain written
conflrmetJÐn of any å1ange from the Ada County Highway Dlatrtcl.
10.
11.
Any change by Ihe appllosnt In the planned use of the property which Is the subject of II1ls
a¡lþlloatJon, shan require Iha applloanllo comply'with all ,"Ie$, regulations, ordlnsn",s, plans, or other
regulatory and legal ""'lrIctIonsln foroe at the lime the applicant or Ita auccessors In interesladvises
the HIghway DJstriot of Ita Intent to change the pIBnned use oftheaubjact proparty W1less a
waivar/varlanoe oIsak! røquiremanls or other legal renel Ie granted pursuànl to the law In effect allhe
time the change In usa Is sought.
Conç uslons of Law
E.
1.
The ptopoSed site plan Ie approved, ff all of the Site Speolfloend Standard Conditions of Apptoval are
satJefied.
2.
ACHD requirements are Intended to ..sure that the Proposed uae(development wIll no! place an
undue burden on the existing vehiouler and pedestrian lrensporlstlon system within Ihe vidnily
Impacted by the proposed development.
EXHIBIT C
Kinetico Quality Systems
RZ-O4-018
Required Findings for Zoning Amendment
STANDARDS FOR ZONING AMENDMENT
The Commission and Council shall review the particular Jacts and circumsrimces oj each proposed zoning
amendment in terms oJtheJoliowing standards and shall find adequate evidence answering theJoliowing
questions abouf the proposed zoning amendment (11-15-11):
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;
Staff finds that the requested Community Business (C-C) zoning designation is in
accord with the Comprehensive Plan's Future Land Use Map, which delineates
the subject property as "Commercial". The text of the Comprehensive Plan (page
99) supports a full range of commercial and retail uses in the commercial zone,
including offices, services, and retail.
B.
Is the area included in the zoning amendment intended to be re-zoned 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;
Staff finds that the proposed retail use is allowed in the proposed C-C zone. The
applicant has submitted a written statement regarding the proposed use, which
states the following: "....a neighborhood friendly business that is retail in nature
but has minimal site visits by customers. Most of the business activity takes place
at customer's homes with the business site used for supporting office activity,
light retail of accessory products, and storage of the product that is installed into
customer's homes."
Meridian City Code 11-19-1.A states that "No building or other structure shall be
erected, moved, added to or structurally altered, nor shall any building, structure
or land be established or changed in use without a certificate of zoning
compliance issued by the Administrator." A Certificate of Zoning Compliance
(CZC) will be required prior to issuance of a building permit or occupancy of the
retail business.
The required land use buffer between the proposed commercial use and the single
family residences to the north is 25-feet, which would eliminate approximately
half of the proposed parking area in the rear of the building. The applicant will
work with City staff to obtain Alternative Compliance for the required north land
use buffer prior to issuance of a Certificate of Zoning Compliance. A 20-foot
buffer is required and provided along the western property line between the
proposed business and the existing apartment building. Staff finds that the
applicant can provide enough required parking for the proposed business.
D.
Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned;
Staff finds that the City's Comprehensive Plan has provided, the applicant with the
ability to request the C-C zone for the subject property. Much of Cherry Lane in
the vicinity has already redeveloped from residential to office or commercial uses.
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 ofthe same area;
Staff finds that the proposed development is designed in a manner that will be
harmonious with and appropriate in appearance with the existing neighborhood.
The applicant proposes to use the existing structure and anticipates making only
site improvements such as parking.
F.
Will not be hazardous or disturbing to existing or future neighboring uses;
Staff finds that the requested rezone will not be disturbing to existing or future
neighboring uses, if the required land use buffers can be provided within the
restraints of the site. Through the Comprehensive Plan process, the City
determined that commercial development is appropriate for the area. Any future
change of use on the property that may have a significant impact on the
surrounding properties will require conditional use approval under current
ordinances, and adjoining property owners will have an opportunity to comment.
Staff anticipates that the proposed retail building use will not be hazardous or
disturbing to the neighboring uses. The Commission and Council should consider
the applicant's responses to staff concerns and all public testimony, oral and
written, before making this finding.
G.
Will be served adequately by essential public facilities and services such as
highways, street, police, and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
proposed conditional use shall be able to provide adequately any such
service;
K.
L.
On December 4, 2004, a joint agency/department comments meeting was held
with representatives of key service providers to this property. Based on the joint
agency/department meeting and other comments received from
agencies/departments, staff finds that the public services listed above can be made
available to accommodate the proposed development. The Commission and
Council should reference any written and/or verbal testimony submitted by any
public service provider, regarding their ability to adequately service this project.
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 the requested uses will not create excessive additional
requirements at public costs for public facilities and services. Additionally, staff
finds that the proposed rezone would not be detrimental to the economic welfare
of the community.
I.
Will not involve uses, activities, processes, materials, equipment, and
conditions that will be detrimental to any persons, property, or general
welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Staff finds that the proposed C-C zoning designation of the property does not
inherently allow uses that will generate activities, processes, materials,
equipment, and conditions that are detrimental to the general welfare of the
community.
J.
Will have vehicular approaches to the property which shall be so designed as
not to create an interference with traffic on surrounding public streets;
Staff finds that the proposed C-C zoning will not interfere with general traffic
patterns on any public streets. A stubbed asphalt drive for cross-access will be
required to the parking lot to the east, in anticipation of future commercial
development. Please refer to the ACHD staff report for a full report on traffic
issues.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
Staff finds that no natural or scenic feature will be lost, damaged or destroyed by
issuance of this conditional use. Staff has not identified any natural or scenic
features on the site.
Is the proposed zoning amendment in the best interest of the City;
Staff finds that the proposed rezone would be in the best interest of the City by
allowing a property owner to make improvements to the property for re-
development that would otherwise not be allowed without the rezone.