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HomeMy WebLinkAboutKinetico Quality Systems RZ-04-018 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 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 ofthe 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 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. 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). 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 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-04-0I8 -PAGE 1 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 (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 ITom 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 CASE NO(S). RZ-O4-018 - PAGE 2 of4 E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 goveming 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. Exhibits F. Exhibit A: Legal Description Exhibit B: Site Specific and Standard Comments Exhibit C: Zoning Amendment Findings By action of the City Council at its regular meeting held on the r.e6rua/ -1./~uP~ VOTED~ VOTED~ ¡Sf? day of COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE VOTED #- ~ VOTED~ COUNCIL MEMBER KEITH BIRD MAYOR TAMMYdeWEERD (TIE BREAKER) VOTED- ~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S).RZ-O4-0I8 -PAGE30f4 Attest: and City Attorney. By: j~A.J..oJU City Clerk's Office Dated: 2-1-c5 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S).RZ-04-0I8 -PAGE40f4 EXHIBIT A Kinetico Quality Systems RZ-04-018 Legal Description II, "rrn :¡, ~ TEALEY'S LAND 2501 Bogus Basin Rd. 'Boise, Idaho 83702 ~__SURVEYING (208) 385-0838 ~ f.. (201 ) _0898 Project. No,; 2805 Date: Nove".,.,r S, 2004 DeSCRIPTION fOR , . PHlUJPS PROPERTY A perce! of land being. portjonof the SW 1/4 of the SE 114 of Section 1. T.3N.. R.IW., B,M., MeridIan,. Ada County, Idaho, es shown on A_rd of, Survey No, ~ filed for -In the office of the Ada County Ra«Ircier, Boise, Idaho under Instrument No. and more perticularly das.ørlbeclas follows: Commencing lit bnsse - marking the South 114 OQmar of said Section 1; thence along the SOuth boundary of said Section 1 South ßlJ°51 '00' Eaat 528.20 feat to a point, thence North 04'10'18" West 40.11 feet to an iron pin on !he ,North right-of-way line of West Cherry Lane, àaid point being the POINT OF BEGlNNJt/Ia; 111- continuing North 04°10'18" VVeat 182.48 feat to an iron pIn onllle South boundary of Meridian Manor No.1 SubclMaiol'l, as flied for record in the øfft.,. of the Ada County Recorder, Boise, Idaho In SOOk 33 of Plats at pege Ig89; thenee along ~ict South boundary South 8e"51 '00" East 1110.67 feat to an iron pin marking !he Southeaat comer of sa1d Meridlan Manor No.1 SubdMaion, said point being on the Wast boundary of Tedi Subdivision, as flied lor -lnll1eolfloa of the Ada County ReccínIer. Bo"'e, Idaho in Book 35 of Pia'" at page 3022; thence along said West boundary South 01°27'00 East Ul2.01 feat to an Iron pin on sa1ct North I1ght-«-way line of Weal Cherry Ian.; the!1C>8 eIonø eeidNorth right-of-way lina North aS051'00" West 151.&1.fee1 to the POINT 01' BEGINNING, SaId percel of lancl contains 0.653 aore, more or l"'1s, '!JÍ~.Q/7--' ' NQV152DD' .... ~~ .--...---... EXHIBIT B Kinetico Quality Systems RZ-04-018 Site Specific and Standard Comments SITE SPECIFIC COMMENTS (Rezone) 1. 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. 4. A Certificate of Zoning Compliance (CZC) application shall be submitted for approval prior to occupancy of the retail business. FIRE DEPARTMENT COMMENTS 1. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' 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 obstructions to outlets within 10'. c. d. e. f. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 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 fue 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 office/commercial lot 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. 3. Maintain a separation of 5' ITom the building to the dumpster enclosure. Provide a Knoxbox entry system for the complex. The fust digit of the ApartmenVOffice 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. 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' ITom the most remote portions of the building. SANITARY SERVICES COMMENT: I. 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: District policy req....... 7-foot wide attached (or 5-fool dela<:hÒd) concrete sidewalk on all colleclor roedways and arterial roaclways (7204.7.2). Charr¡ Lane currently h.. BIotal of BO-feet of right-of-way (40-fest from esrrlllrilne) and Is improved with 5-traffic leres with varIIesl curb, guUar and sidewalk abutting the~. Typleslly, the District requires devaIopmente abutting an arterial roadway 10 d- 48-feat of right-of-way from tho œnlarllne Of the abutting J'OIIdMy. DUB 10 the laC/thet Charr¡ laßa is futIy Improved as a iHane roedway with curb, gutlllr and sidewalk eOO Is nel antJclpaled to be widened In the Mure, the eppllesnt should no! be required 10 dadlœte any additlonal rlght.-.y or construct any additional street ImproVt fJ1erts on Ct1err¡ Lane at this time. 2, Drivewaya District policy 72-F5, requires driveways located on collector or arterlal_ys with e speed limit of 3510 afl\ln or ofI'sel a minimum of 15().1eat from ery exìsllng or propOSed driveway. District policy 7207.9.3 restricts c""lInercial driveways with dally traffic volumes over 1 ,000 vehicles 10 a maximum width of 36-fest. Moat corrmeroial driveways will be constructed as curb-a¡1 type factlltles lI_ed on Iocalstreats. Curb return iype driveways with 15-foot fBdli will be required for driveways accesaln¡ ooIle- end arterial roeclways. GnMlled driveways abuWns public streets creaIe mainte""",," problems due 10 gfBvel being tracked onto tho roadway. In _nee with District policy, 7207.9.1, the appIIcerl should.be required to pave the drlvewey Us lull wIdth aOO et least 3().1eat Into the site beyon<Ithe edge of pavemenl of the roadway and Ins1atl pewmant tapers with 15-I0oI redll abutting the exìstlng -y edge. The site culTOnlly has an e_g 15-footwlde curb cutdrtveweythetlrttersects Ct1erryLBne approximately 254et west of the east prq,erty line. The app/lœntls proposing to uUUze the _ling 18-foct wide curb coI d~. This d~ is localed slightly to the east of the outbouOO travel lere from Crestmont Drive. DlsIrict policy requires drlvsways on collector erd arlerial roadways with a spesd IImli of 35 MPH to be located In direct alignment with any driveway Dr street or offset any driveway or street by a minimum of 156-fest. Dlstrtct policy - requires all driveways on collector and arterial roadways 10 be - as curb return type driveways. In order 10 comply with District policy the appllœntshould remove the exìstlng 15-footwlde curb cut driveway thai intarsects Cherry Lane apprmdmateiy 25-feat west of the ...t property line and reconstruct the driveway to be e curb return type driveway lhetls a maximum of 36-feet In width and In alignment with Crestmonl Drive, 3. Other Aoceso Ct1err¡ Lane is clessllIed as a prlnclpalarlehal. Other than the aoce.. polnlthat has specifically been approved with this applicstlon, direct lot aooesslo Cheny Lane Is prohibited. ; Site Specific Condltloflfl of Approval c. 1. Remove the existing 16-footwlda curb cut driveway that in- Charry Lane approxlmalsiy 25- feet weal of the eest property line end reconstruct tile ~ ID be a curb return iype driveway thai Is a maximum of 36-1eet In width and In alignment with Crestrnonl DrIvE!. Other than the aooe.. point thai has opeclflcally been approved v.iIh Ihls applica!lon, direct lot access to Ct1enylBne Is prohibited. 2. 3. Comply wIth all Standard CondiUons of Approvel. D. Standard CorRÍltlons of Approval 1. Any existing ln1gaUon fadllties shall be relocated outside of the right-of-way. All utility relocation costs essoclaled with Improving slreat frontaees abutting the site shioll be bome by the developer. 2. 3. Replace any existing damaee<l curb, gutter and sidewalk and any that may be damaged during Ihe construction oflhe propcsed development Conlect Construction ServIces at 387-6280 (with file number) for details. Utility slreat cuts In pevement less th"" five years old are no1 allowed unless approved in writing by the District. Contact tho DIetrict'a Utnlty Coordinator at 387-6256 (with liIe numbers) for datails. 4, 5. All design and conatruc1lon shall ba In IICOOI'I ance with the Ada County Highway District Policy ManuaI, ISPWC Slandards and approved supplemanls, Construcllon Services procedures end all ll lpllcable ACHD Ordlnancœ unless spec flcelly waived herein, An Ingln- registered In tho Stale of Idaho shall prepere and certifY all improvemant pions. The applicant shailsubmi1- pions for sIBff ap-~ prior to issuance of building pennlt (or other required pennlls), which Incorporeles any required daalgn changes. 8. 7. Conatruc1Ion, use and propertydavalopmant shall be In conformance with all applicable requirements of the Ada County Highway District prior to DIstrict approval for oocupency. Payment of applicable road Impect fees are required prior to buildIng cons1ruc1lon in accordance with Ordinance 11200, also known .. Ada County Highway DIatrtct Road Impect Fee Ordlnanœ. 8, s. It Is the responsIbility of the applicant to verify all8Xisting utililias within tho right-at-way. The applicant al no COIIt to ACHe shall repe r existing utilities da~ by the applicant, The applicant shall be required to call DIOONE (1-800.342-1585) at less! two fOIl business days prior to breaking ground within ACHD right-of-way, The applIcant shall contact ACtID Traflic Operations 387-6190 in tho event ""y ACHD mnduIle (spare or filled) are compromleed during any phasa of constrUction. No change in thelarms and conditions of this approval shall be velld unless they are in writing and signed by the appllcant or the appllcanfs authorized repreaantatlve and an authorizad representative of the Ada County Highway DIstrict. The burdan shaN be upon the applicant to obtain written confIlTTIEI1Ion of any change tram the Ada County Highway District. 10. 11. Any change by the appIlcanlln the planned USe of the propet\y which is the subject of this apt¡ßcatlon, shall require the appliœn! to mmplywith all rules, regulaUons, ordinances, plans, or olher regulatory and lags! reaIrIctIonaln forca al the time the appDcant or lie euoœssors in in!enlsladvises the Highway District at Ita Intenlm chango the planned usa of the aubject property unl... a walverlvarianœ of saki requi- or other legal raIle/is granted pursuanllo the law in effect 01 the time the change in use is sought Conclusions of Law E. 1. The proposed site plea Is approved, /I ail of the Site Specific and Stendard Conditions of Approval ere satisfied. 2. ACHD requirements are Inlendad to assure that the proposed l$eldevelopment will no1 place an undua burdan on the &Jds1ing vehicular and pedestrian lransportallon system within the viclnlly II1'IpSCted by the proposed developmant EXHIBIT C Kinetico Quality Systems RZ-04-018 Required Findings for Zoning Amendment STANDARDS FOR ZONING AMENDMENT The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following slandards and shall find adequate evidence answering thefollowing questions about 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 fmds 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 ITom 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 of the 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 ITnding. 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 ITom 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.