HomeMy WebLinkAboutCottonwood Lane AZ-04-029
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a request to Annex and Zone 8.58 acres from RUT to C-G (General Retail
and Service Commercial) AND L-O (Limited Office), by Cottonwood Lane Partners.
Case No(s): AZ-04-029
For the City Council Hearing Date of: February 1, 2005
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')
ofthe 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 February I, 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
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
a.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O4-029 - PAGE I of 3
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 David and Maude Wells.
4. Required Findings per Zoning and Subdivision Ordinance
a.
See Exhibit C for the findings required for this application.
B. Conclusions of Law
1. 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 fÌ"om 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 Descriptions in Exhibit A, and the Annexation
and Zoning Comments 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:
I. The Annexation and Zoning Comments are as shown in Exhibit B.
D. Exhibits
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-04-029 - PAGE 2 of3
Exhibit A: Legal Descriptions (3 pages)
Exhibit B: Annexation and Zoning Comments
Exhibit C: Zoning Amendment Findings
By action of the City Council at its regular meeting held on the
ß,6;-¡;nll~ ,2005.
/?¡~ day of
COUNCIL MEMBER SHAUN WARDLE
VOTED $-A.--
VOTED-þ
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED Þ
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYOR TAMMY deWEERD
(TIE BREAKER)
VOTED
Attest:
and City Attorney.
By: j~~
City Clerk's Office
Dated: :;) - dd-Cf5
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-04-029 - PAGE 3 of3
EXHIBIT A
Cottonwood Lane
AZ-O4-029
Legal Description
.....;
Exhibit "A"
Annexaticn Legal
A_lorWul!br .........beq¡aportionorLot23,Blod< I, 01 ~M.1gi, Viaw Subdivl,;...
.. ÓIOW. on tI>a official plat _ad in Book 52 "plats ~ ....' 444' ØJd 4446, þoœda of Ada County.
Ideho,baingin tl>aEI12afScot... 17,TOWIIIhip3N.....""', , Eut,--'"CI'y ofM"idt...
Ada eo"'y, ldobo and ,..,. p8I1iculur~ - ..!bllo,,",
Coma>encing~ a tàa"",¡".......o.. Ìllllrltin81be NEe""",, of1l1eNE 114 of..i.Se,Ii.. 17, ""."
8lOIII die Fat line .haid_.. 17 SOO""~2"E a........ of2.652.92 ",",..a- "'I' ....u....,
mark""IhoSE.........'htNE 114 oIsnid Se<don 17."'""ko,;...."Ea'lIin,. SO9'312rw. a
ò"""of 1,062.84 feot",apoint"""""riino ofE. f..."ay now. being...POINf OF
BEGINNING;
'"'- 8lOIII""' -.afB. F......y Dri.. m'IO" I "W a d'-'o "112.17 foot to. point.f...p;
Thence along.. ...afa_""""""lhtrigld. ha,;"......... of3699.72Iòe1""... '_of
242.16"'" accnva1"'" of"""OI", ...acbold òearia& ofS5"'O'03"W .dt$I- of242.12 IOet 10.
"'apoinl;
Tbaooeleaving """"""""nfE. Ptaaway DrhoN34'3T27"W a.imaøøonf30,oo""'IO. too SI'
IIJchreb""""""*",,,-..afIbaNodhrip-of-way I... orE. -yDrI",...... Wm ""of
sa" Lot 2';
ThcncoIaaving....NorIbriaJlt-of-wayIinetlll<l_.... W." II.. 010". Lol23 N<JO'S0'40"W.
d_ofS47.47"'"oaII2Ø1e11rebar;
'"'- loa.... IIOkIW...... an4a1on¡1I1e S- II.. "..'òLot 23 "9'40'22"Wa _a 0(782.01
faoItoaS18 incIIrnbar..íhafJutrIsJl>øf-ylinoafS. Wall,c.j..,
-lea\'ÌDg....-linaan4....Ean rI¡btoof-- II", S7"'9'O,'Wa _of2S.00 foe' 10 a ,.
a poi>too Iho__.',,", S. Wefl'Drivo;
T_aIoag,,",..-liaoNIO'OO'>rw._of7." ""'1o, ,0.J>Ointo£..".-.;
........ oIong.....ofa-.totlt< rJ¡Idl1a>iøaa.....,ol 133.46J1>ot""""'glho16I.S7 foot"
"""'1IISie of26'26'3t" lIIIAIa_boarho¡ '1fNOJ"2'22"E. ò¡""""" of61.02 ",",10. pain,
Th8IIcoNI6'2S'41"Ea_of39t.8611u11...\Dapoinl;
Than.. 1aa....1h....tarUIII 87:10J4'I9"E.-'" of2S.úO f~\D. 112 incl..a..."" oaid EMlrighl-ot
w"I'Una ofS. WollaDriva," baing'" NW comer "sai. Lo' 23;
Thcn£e laaviua oaIó eo.. rigItI-of-M» line aoà otn.S1l1e North Ji.. of..1\1 Lot 2J 8=7"£ . ""a""
.1702.83 ""'0 aSIS inob'-IU1Ü!S"'_ly........,oaJdLnt23;
Thence"""'" ""' NOI1b!lDa at1d aIq... -~ II.. "f ,ok! LoU! S2'MS'3.I"" a ""Janc' of62S.'S
""'HSIB incllreb9r................, NœIh right-of-way II.. lIfE. --n"""
"'-leaving ""NoI1hò¡¡in-of-_.11na 831;'49'49"£a_o130.110""""", POINT Of
BSOINNlNG.
Sald"...,- 371.-ao_....or8,~.- In... Dr"" ØJd ¡..ubi."'o",""ioIIng """,ne""
""'~"",ysof_..impUaIt
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JAN. 2 7 'lOO5
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C"""--."'-'opJ_"""u4"'"
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Exhlbit"C"
Rl-Zone Legal
PortiooaofLot 23. Block I, of Amauloci Magic View Subdivision, ushown 00 tho ol1ICiaI pi"
noconIed in Book 52 of plats ,,_,444S aod 4446, Records of Ada Cowuy.ldaho, beÙ1l in the
EI12 of_ion 17, Township 3 North, Rnop I EnaI. 80100 Meridian, CiIy of Meridian. Ada
County, Idaho aod ...... parti<uWly described as K>llo"':
Cnmmcncing"~ - "",""';";"" moIidll8 tho NEeomeraflheNE 1(4 or.... Section 17,
- aIonølhe EQt line of",", _Ion 17 SOO'46'02"E aiti- of~.6S2.92fuot to a brass
ell]>mo........marl<Jogtito SEcoroorOll tItoNEI14 oftlllÎd 8_17; thooce Iœvill8..id East
line S69'31'29"W a - of l,062J!4 feet to. point on tho ~ ofE. freew.y Drive;
tItonce Iœvill8saìc1..nterlineN36'd9'49"W a 4i...... of 30.00 t...",aSl8ìncl1 _ro. tho
nonborIy rigItI-of-way lia, of saìcI E, f- Drive beill8lhe POINT OF BEGlNNfNG of.
portionof"'¡dLol23 ..be..,.,...¡C~;
TIIen<a a1ons said risht-of.way line olE, freoway Driv. 85JolO'll"W, ,¡¡"..... of112,17 teel
to a point or cusp; - 01001- 3669,72 fOOl radius ...-tangent CIIIW _cave _hw...or!y
tJ¡1'OU !/t aCClllt'alttl1¡io of3"45'O." having ,length of240.19 foot, ,...d - chon! b...ill8
SS3"30'16'W - 4"""- of240, I Sfeet to a ICIa poinl; then" IœvÙ1l"'"' righl-of-way !ine and
a1onsthe West line oføald.lot 23_S0'40"W, a 41...... ofS47.47 fi>e!lOall2 inch rebar;
Thottoe 1-"'3 saìcI Weø lina N89"40'22"£ . elistm= or 113.90 feet '" a poin' on the e..'edy
Iin,ofll8i. [.0\ 23 """'"" hR. as POfNT Of BEGINNING "A"; _".aloll8 sai. eá.ttedy II.,
ofsoid lot 23 S27"38'3!"I!a4-of38I.52 feel the POINT OF BEOIMNINO,
Snid portion coo..... 91,958 oq- feet 012.24..... more or leas, aod is aobject to.ny
_taandlorri¡¡bla>of-waya"'-Ifimpllocl.
To l'lher with a portion afsaid Lot 23 '" be """'" [..0 begÍllJ\in¡ II aroromentione4POINT Of
BI!GINNJNG"A ";
Thon..-'22"W ,_ofll3.90fattoall2 inch _at..anøl'poin,ln ,be
bo..dat¡¡ line of"'¡d Lot 23; thooce along tile SotOh line of ,aid.lot 23 S89'40'22"W .4l,tance
0[782.0' reotto. 511 incl".barootheEaatrigbt-of-w.y line 0'5, Wolls Drive;
Ibaooeloaving sai4 South liDo aodoltmg Hid Eaat righ'-of.way liRa NIO"O0'57"W a eIi_ee of
7.85 fòetto .wa poinI of_1henco along. 133.40 fOOlI'llfiua curve OOItCIIve ,.....Iy
tJ¡rongh, CCIIIt'aIatI8leof2'"2."'o h&vin&alooøth or 50.03 fcot(a 1oq choo<l of61.02fi:c1
boaringofNQ3°lm'E)",oll1ia.¡"abll" - NI6"25'41"E,a_of19I.86feetto. to
..(12 inch _"""",1bo1fW-ofoaid Lot 23; Ihenooloovlogs0ì4Eoatrigbl.af-way lin,
aod 010111'0. n<n1!mIyu.ofoaid lot 23 S72"29'27"E .clìstanceaf702.!3 feet"'. 5IS Inch
tBbarmatkill8t1te ~_ofsaid lot 23; _.loavln&'lIIdoanhezly Ii.. and along
the _Iy 1100 ofoaid 10123 82,.38'3I"E a _... of244,43 feot1DPOINT Of BEGINNING
"2".
Said porIion conIai.. 257,345 "".... feel 01" 5,90...... m.... or .... and i. auhjoct to aI¡,Ú,ting
'..erne"" aod ~ oflaOOld.. implind,
~/.
JAN 21 21115
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EXHIBIT "D"
HE-ZONE LEGAL
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EXHIBIT B
Cottonwood Lane
AZ-O4-029
Annexation and Zoning Comments
1.
The submitted legal descriptions for this property, prepared by Stephen R. Lee,
Jr., stamped 1-26-05, appear to meet the requirements of the City of Meridian and
State Tax Commission and will place the parcel contiguous to existing city limits,
Said legal descriptions depict a 5.90 acre portion of the site to be zoned L-O and a
2.24 acre portion of the site to be zoned CoG.
2.
The subject property is within the Urban Services Planning Area.
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
Citv Attornev, Bill Nary, at 888-4433 to initiate this process. The DA shall
incorporate the following:
. The applicant will be responsible for all costs associated with the sewer and
water service extension. Any existing domestic wells and/or septic systems
within this project will have to be removed fÌ"om their domestic service, per
City Ordinance Section 5-7-517, when services are available fÌ"om the City of
Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation.
. No alterations, expansions, reconstructions or other enlargements to the
existing single-family structure will be permitted except through a CUP and
except where the use of the structure changes to a use permitted in the L-O/C-
'G zone.
. All future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of
development. All future uses shall 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 will be responsible for multi-use pathway construction along the
Five Mile Creek. Construction of said pathway shall meet the standards as set
forth in the August 2003 Comprehensive Parks and Recreation System Plan,
pgs, 3-2 and 3-3, sections B & C, The pathway must connect fÌ"om one major
arterial to another, and either an easement or ownership deed must be granted
before the city will assume the maintenance of any section of pathway,
. Any other conditions desired by the Commission and Council.
LISTED BELOW ARE SOME COMMENTS RELATED TO DEVELOPMENT
OF THE SUBJECT SITE. UPON THE RECEIPT OF A DEVELOPMENT
APPLICATION IN THE FUTURE, THE PLANNING DEPARTMENT INTENDS
TO FURTHER ANALYZE AND IMPOSE CONDITIONS RELATED TO THE
COMMENTS BELOW. ADDITIONAL REQUIREMENTS THAT APPLY TO
DEVELOPMENT OF THE SUBJECT SITE MAY ALSO BE IMPOSED WITH
FUTURE DEVELOPMENT APPLICATION(S).
MERIDIAN FIRE DEPARTMENT COMMENTS (AZ-O4-029)
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.
. Fire Hydrants shall have the 4 \1," outlet face the main street or parking lot
aisle,
The Fire hydrant shall not face a street which does not have addresses on
it.
Fire hydrant markers shall be provided per Public Works specs,
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'.
.
.
.
.
.
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,
3.
All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4.
Provide a 20' wide Fire Lane for all internal & external roadways.
5.
Insure that all yet undeveloped parcels are maintained fÌ"ee of combustible
vegetation.
6.
Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
7.
Maintain a separation of 5' between future buildings and dumpster enclosures.
8.
Fire lanes and streets shall have a vertical clearance of 13'6", This includes
mature landscaping.
9.
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,
10,
The proposed multi-family development has an estimated 40 units. The Meridian
Fire Department has experienced 2397 responses in the year 2003. According to a
II.
12.
13,
14.
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,
The proposed office/commercial uses 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.
The first digit of the Apartment/Office Suite shall correspond to the floor level.
All processes & storage practices shall be required to comply with the International
Fire Code,
All portions of any buildings located on this project must be within 150' of a paved
surface as measured around the perimeter of the building.
15.
Fire Sprinklers will be required for all buildings associated with this project.
16,
No Parking signs and painted curbs will be required for all Fire Lanes.
17.
Provide exterior egress lighting as required by the International Building & Fire
Codes.
SANITARY SERVICES COMPANY COMMENTS
1. Prior to issuance of a certificate of zoning compliance, that applicant shall submit an
approved site plan ITom SSC.
2,
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,
MERIDIAN PARKS DEPARTMENT COMMENTS
I, Pathway and Trail standards: The proposed pathway and/or trail shall meet the
standards as set forth in the August 2003 Comprehensive Parks and Recreation
System Plan, pgs, 3-2 and 3-3, sections B & C.
2,
Standard for City to assume Maintenance of a section of Pathway: The pathway
must connect fÌ"om one major arterial to another, and either an easement or
ownership deed must be granted before the city will assume the maintenance of
any section of pathway.
3,
Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
4.
Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
NAMPA & MERIDIAN IRRIGATION DISTRICT
I. Applicant shall apply for a land use change application prior to final platting.
2.
All laterals and waste ways must be protected.
3.
All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the Nampa & Meridian Irrigation District must review drainage
plans,
4.
The Developer must comply with Idaho Code 31-3805,
5.
NMID recommends that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
ADA COUNTY HIGHWAY DISTRICT
Site Specific Conditions of Approval
This application is for a rezone only. Listed below are some of the policies that
apply to the site. Upon the receipt of a development application the District may
require additional Findings of Consideration and Site Specific Requirements
that apply to the review offuture development applications.
I.
Construct Freeway Drive abutting the site as one half of a 40-foot street section
with vertical curb, gutter and 5-foot attached concrete sidewalk within the existing
right-of-way to match the adjacent improvements.
2.
Construct any proposed driveways on Freeway Drive a maximum of 36-feet wide.
Pave the proposed driveways their full width and at least 30-feet into the site
beyond the edge of pavement of Freeway Drive and install pavement tapers with
15-foot radii abutting the existing roadway edge.
3.
Dedicate 27-feet of right-of-way fÌ"om the centerline of Wells Street (an additional
2-feet of right-of-way) abutting the parcel by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance of a building
permit (or other required permits), whichever occurs first. Allow up to 30
business days to process the right-of-way dedication after receipt of all requested
material. The owner will not be compensated for this additional right-of-way
because Wells Street is classified as a local roadway and is to be brought to
adopted standards by the developers of abutting properties,
4.
Construct Wells Street abutting the site as one half of a 40-foot street section with
vertical curb, gutter and 5-foot attached concrete sidewalk.
5,
Construct any proposed driveways on Wells Street a maximum of36-feet wide.
Pave the proposed driveways their full width and at least 30-feet into the site
beyond the edge of pavement of Wells Street and install pavement tapers with 15-
foot radii abutting the existing roadway edge.
6.
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 fÌ"ontages abutting the
site shall be borne by the developer,
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans,
6.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy,
8,
Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, 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-
10.
11.
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction,
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 fÌ"om the Ada County Highway District.
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.
EXHIBIT C
Cottonwood Lane
AZ-O4-029
Zoning Amendment Findings
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 City Council:
A.
Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, bas there been an application for a
Comprehensive Plan amendment;
The 2002 Comprehensive Plan Future Land Use Map designates the subject
property as 'Commercial'. In Chapter VII of the Comprehensive Plan,
'Commercial' areas are anticipated to provide a full range of commercial and
retail to serve area residents and visitors. Uses may include retail, wholesale,
service and office uses, multi-family residential, as well as appropriate public uses
such as government offices. finds that the requested CoG zoning generally
conforms to this stated purpose and intent of the commercial designation within
the Comprehensive Plan. Please see the Special Considerations below for further
analysis of the proposed zoning designation and how it relates to the conceptually
proposed uses on the site.
City Council finds the following Goals, Objectives, and Action items contained in
the 2002 Comprehensive Plan to be applicable to this application (analysis is in
italics below policy):
.
"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. The applicant will be required to submit a
development application prior to constructing any use on the site. When the
jùture development application(s) are processed by the City, the applicant will
be required to construct landscaping along Freeway Drive, Wells Drive,
between different land uses, and along the perimeter of the site,
B.
.
"Permit new. . .commercial development only where urban services can be
reasonably provided at the time of final approval and development is
contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6)
The subject site can be serviced by the City of Meridian's sanitary sewer and
water systems.
.
"Plan for a variety of commercial and retail opportunities within the Impact
Area." (Chapter VII, Goal I, Objective B)
The proposed uses do contribute to the variety of commercial and retail uses
in this area, as envisioned with the Comprehensive Plan.
.
"Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile,
South Slough, and Jackson and Evans drainages) throughout commercial,
industrial and residential areas." (Chapter V, Goal I, Objective A, Action item
11)
The applicant is not proposing to alter the Five Mile Creek in any way with
this application. The applicant will be required, through a Development
Agreement, to improve the Five Mile Creek amenity by constructing a multi-
use pathway adjacent to it when the site develops, See Special Consideration
#2 below.
City Council finds that a C-G zone is harmonious with and in accordance
with the Comprehensive Plan. However, based on the conceptual site plan
submitted with the annexation application, City Council recommends that
the northwestern portion of the site be zoned L-O to accommodate multi-
family uses. Please see Special Considerations below for further analysis.
Is the area included in the zoning amendment intended to be rezoned in the
future;
Apartment houses are prohibited in the CoG zone. Therefore, if all of the subject
property is zoned C-G as requested, the applicant will need to rezone the
northwestern portion of the site to develop multi-family dwellings. If the site is
zoned as City Council recommends (C-G for the southeastern portion and L-O for
the northwestern portion), City Council does not anticipate that the subject
property will be rezoned again in the future. See Special Considerations below for
further analysis,
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;
Properties in this area are rapidly transitioning fÌ"om rural residential to
office/commercial type uses. In the applicant's submittal letter, it is stated that the
subject property is intended to be used for a mix of uses. The submitted concept
plan shows a hotel on Freeway Drive (between two existing hotels), an office park
to the north ofthe hotel, and multi-family apartments on the land with fÌ"ontage on
Well Street. Currently, restaurants, hotels, and professional offices are
(principally) permitted uses in the CoG zone. Multi-family dwellings (apartments)
are prohibited in the CoG zone. Therefore, not all conceptually proposed uses
would be allowed under the proposed new zoning, Currently there are four City
zones that conditionally allow multi-family: the R-15, R-40, L-O and O-T zones.
No City zone principally permits multi-family dwellings. Consistent with the
Comprehensive Plan. the applicants conceptual site plan. as well as the other
office and retail uses that are developing within Magic View Subdivision. Citv
Council recommends that the northwestern portion of the site be zoned L-O
(Limited Office).
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 project is in transition fÌ"om low density residential
uses to commercial/urban type uses. Developments to the east and northeast in
close proximity to the subject lot include Texaco and Chevron fuel stations and
convenience stores, a credit union and bank, a 30,300 sq. ft. multi-tenant office
building, Subway and medical/clinical services, Two new hotels have currently
opened to the east and west of the subject site. In 2004, the 5.22 acre lot directly
to the north was annexed and zoned to C-G. Woodbridge Subdivision is a 260 +/-
lot residential subdivision approximately \4 mile to the west that connects with
Magic View Drive and is largely built-out at a medium density.
As development occurs ACHD is requiring that the local/commercial streets in
Magic View Subdivision be widened and that developers construct sidewalk
adjacent to the developing sites. Further, this site lies within an extraordinary
impact fee overlay zone. This overlay zone was established to install the
infÌ"astructure for the redevelopment of the rural lots within Magic View
Subdivision, in anticipation of the lots redeveloping to commercial. The ACHD
now requires that developers within this overly zone pay into a reimbursement
fund for the costs that were associated with construction of the new road from the
intersection of Eagle Road and St. Luke's drive, to the intersection of Magic View
Drive and Allen Drive (see ACHD for more information). City Council finds that
annexation and zoning of the subject property would be compatible with other
nearby land uses and facility 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
G.
character of the general vicinity and that such use will not change the
essential character of the same area;
No specific uses are proposed with this application. However, the applicant did
submit a conceptual plan of how the site may develop. If the site is (generally)
designed, constructed and operated as proposed with the conceptual site plan, the
development should be in accordance with adopted city ordinances and should be
harmonious and appropriate in appearance with the existing character of the
Magic View Subdivision area. The Comprehensive Plan envisions the north side
of Magic View Drive and the west side of Wells Street, to be office type uses and
the south side of Magic View Drive to be more intense, commercial type uses.
City Council finds that a zoning change of this property to CoG and L-O (as
recommended by City Council) would fit within the character of the
Comprehensive Plan and will not adversely change the essential character of the
area.
F.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
City Council finds the intended uses on the subject property should not be
hazardous or disturbing to existing or future neighboring uses if all development
and landscape buffer ordinances are exercised. The Commission and Council
shall rely on public testimony to determine whether the proposed uses will be
disturbing or hazardous to the neighboring uses.
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 tbat the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
ACHD City Council commented on the proposed annexation application on
November 16, 2004. Included within ACHD staff's report were some of the
policies that apply to the subject site, Upon the receipt of a development
application, the ACHD will impose site specific conditions. Meridian Fire, Police
and Parks Departments were represented at the Comments Meeting held on
November 12,2004 for this application and provided comment that services could
be provided (all of the detailed comments fÌ"om the Fire Department and other
agencies/departments are at the end of this report), Sanitary Service Company
(SSe) currently provides service to adjacent properties in the area, The
Commission and Council will need to reference any written or verbal testimony
submitted by The Meridian Public Works Department, Nampa Meridian Irrigation
District, Idaho Power, and other service providers regarding this fmding.
City Council finds that the property proposed for annexation and zoning can be
served adequately by all essential public facilities and services.
I.
J.
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;
Required site improvements will be funded and constructed by the developer
through the PreliminarylFinal Plat, CUP, and CZC process. The primary public
costs will be fire and police services, City Council finds that changing the zoning
of this site will not cause excessive additional requirements at public cost. City
Council also finds that the annexation and zoning of this site to CoG and L-O 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, City
Council finds that any future uses will generate additional traffic on adjacent
roadways above and beyond the existing residence. The level of impact will
depend upon the type of future use(s). The purpose of the CoG zone is to
"provide for commercial uses which are customarily operated entirely or almost
entirely within a building." The purpose of the L-O zone is to "permit the
establishment of groupings of professional, research, executive, administrative,
accounting, clerical, stenographic, public service and similar uses.. . shall not
involve heavy testing operations of any kind or product manufacturing of such a
nature to create noise, vibration or emissions of a nature offensive to the overall
purpose of this District." As such, City Council does not anticipate future uses
will create smoke, fumes, glare, or odors that will be detrimental to the general
welfare of persons or property in the area. MCC 11-16-4 provides the P&Z
Commission and Citv Council the authoritv to reauire a propertv owner to enter
into a Development Agreement with the Citv of Meridian that mav require a
Conditional Use Permit or some written commitment for all future uses to more
fullv complv with this finding. Due to the mixed-use nature of the conceptual site
plan, City Council believes that a Development Agreement is necessary. (See
Annexation and Zoning Site-Specific Comments and Conditions below)
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;
City Council finds that future uses will impact the level and flow of traffic on the
surrounding streets. The applicant is not proposing specific access for this site
with the AZ application. The concept plan submitted with the application shows a
vehicular access to Wells Street and one to Freeway Drive, These two access
points are connected through the site via a drive aisle, Standards for future
L.
driveway offsets are determined by ACHD. Further, specific traffic count
generation will be determined at the time of development application, which must
be reviewed and approved by ACHD. City Council finds that the property can be
designed to not create significant interference with traffic on the surrounding
public streets,
K.
WiD not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
City Council finds that the Five Mile Creek is a significant natural feature that
should be protected through standard stormwater and run-off management
practices. As a large portion of this site lies within the floodpiainifioodway of the
Five Mile Creek, future development of the property should comply with the
established guidelines for construction within floodways/flood plains, City
Council is not aware of any other natural or scenic feature(s) that may be lost,
damaged or destroyed by allowing this site to be annexed and developed. Any
existing trees larger than 4" caliper that are removed shall be mitigated for, per
the Landscape Ordinance.
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, Citv Council finds that the annexinf!
and zoninf! of this orooertv would be in the best interest of the Citv,