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HomeMy WebLinkAboutStor-It AZ-04-033 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a request to Annex and Zone 15.94 acres from RUT/C2 to C-G (General Retail and Service Commercial), by Avest LP. Case No(s): AZ-04-033 For the City Council Hearing Date of: March 15, 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 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 March 15, 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 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 There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, andMeridian 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-O4-033 - PAGE I of3 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 A vest Properties LP, Kathleen Weber - General Partner. 4. Required Findings per Zoning and Subdivision Ordinance a. 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 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal 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: 1. 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-O4-033 - PAGE 2 00 Exhibit A: Legal Descriptions Exhibit B: Exhibit C: Annexation and Zoning Comments Zoning Amendment Findings By action of the City Council at its regular meeting held on the IU. ¿t/l cf.. - ,200S. I /;?1?:: day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTED~ VOTED-? COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD - MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: and City Attorney. By: ~I\}&l ~J-.O. Y-- 'By Clerk's Office Dated: ,~- \~-O5 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O4-033 - PAGE 300 EXHIBIT A Stor-it AZ-O4-033 Legal Description November 9, 2004 Page lor2 EXHIBIT "A" ANNEXATION PROPERTY BOUNDARY A tract orland beiog all of Parc.el A as shown on Record of Survey No. 5576 Instrumen! No. 101108209, said parcel bein8 described in Warranty Deed InslnUnent No, 101115511, Ada Cmmty Records, togelber wilb a portion of the Union Pacific Railroad Right-of-W.y, all being situated in the SE Y. of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County. Idaho. soid Inlet being more particularly described as follows' Commencing at the Southeast comer of said Section 10; Ibence wong the East line or said Section, being the centerline oFTen Mile Road, North 00°27'06" East 1096.83 feet to a 5/8" rebar ond cap marking the southeast comer of said Parcel "A" said point being tbe POINT OF BEGINNING; thence leaving said East line .long the South line or soid Parcel "A" Nnrth 88°51'50" West 1545.36 feet; thence leaving said Soutb line North 01"08' 10" E"'450.oo feet [0 a point on the Soulb line oflhe Union Pacitie Railro.d Right- or-w.y; thence North 01"08'10" E..t 200,00 fee~ to the North line of said Right-of-Way, thence along ,.ìd North line Soutb 88'51 '50" East 1537,60 feet to the said East line of said Section 10, thence along said East line South 00'27'06" West 200.01 to. point on the said Soulb line or the Union PacLflc Railroad Right- of-Way, thence continuing along said East linc South 00°27'06" West 450.03 feet 10 the POINT OF BEGINNING, Said tract contains 23.00 ocres, more or less, being 15.94 acres ofsoid Parcel A ond 7.06 acre"" or said Union Pocific Railroad Right-of-W.y, _'RlOIAN PUBLIC WORKS cePt ~RO,,!,- '. ì. ' . 1/ - NOV 13 2004 - ------------.. .~,- i!;II.... :~"-""~""} """"..' '..;"-~~c:J'i ¡ , !i lj-"'\u:"-=-_:ihi(\:~¡S::'j , j""~"'.."_m'__m..~. --- L-JmÇ"'-~_.- -_n- ",'fa I 5 2005 I'ru¡,:¡~~:=. " -" EXHIBIT B Stor-It AZ-O4-033 Annexation and Zoning Comments ANNEXATION AND ZONING COMMENTS 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits, 2, The subject property is within the Urban Service Planning Area. Essential City services can be made available to the subject property, 3, All future development on said property shall comply with the City of Meridian ordinances in effect at the time of application, 4, 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, 5, 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: . Ten Mile road is within ACHD's Five Year Work Plan and right of way will be required to complete the goals as set forth by ACHD, Staff is recommending that the applicant dedicate the right of way as set forth by ACHDas a condition of the development agreement. . Prior to issuance of any building permit or Certificate of Zoning Compliance on the subject property, the site shall be reviewed for compliance with the Meridian City Code for landscaping, parking and setback requirements, . Prior to issuance of any building permit or Certificate of Zoning Compliance on the subject property, the required right of way shall be dedicated to ACHD, . The City of Meridian's Comprehensive Plan requires a multi-use pathway along Ten Mile Creek, provided at the owner's expense and in cooperation with the City of Meridian Park and Recreation, Therefore, the applicant shall construct a ten-foot multi-use pathway to Parks Department standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs, 3-2 and 3- 3, sections B & C, The applicant shall obtain an easement or agreement with the Nampa Meridian Irrigation District for the appropriate access requirements on the west side ofTen Mile Creek, MERIDIAN FIRE DEPARTMENT COMMENTS (AZ-O4-033) The Meridian Fire Department provided agency comments on December 17, 2004. In particular, they noted the following specific concerns: 2, 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, 4, Insure that all yet undeveloped parcels are maintained free of combustible vegetation, 5, Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins, 6, The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking, Streets with less than 33' shall have parking only on one side, Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart, Provide a Knoxbox entry system for the complex, 8, 11. 12. All processes & storage practices shall be required to comply with the International Fire Code. SANITARY SERVICE COMPANY COMMENTS 1, Design the enclosure(s) per the standard recommendations of SSC for access, gates, floor/pad, container stopslbumpers, and dimensions. Coordinate the location and design with SSC. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. MERIDIAN PARKS DEPARTMENT COMMENTS 1. 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 from 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 ofpathway, EXHIBIT C Stor-It-Avest, LP AZ-O4-033 Zoning Amendment Findings ANNEXATION AND ZONING FINDINGS The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission, The subject property is within the Urban Service Planning Area, Because there are existing commercial uses on this site, staff has combined the analysis of use with the annexation and zoning findings, According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " Thefollowing is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use - Regional", In Chapter VII of the Comprehensive Plan, "Mixed Use - Regional" areas are anticipated to provide a higher density residential uses, greater than 200,000 sq ft non-residential building areas, limited Conditional Use permits, Uses may include major employers, entertainment, and clean industry, Staff finds that the requested C-G zoning generally conforms to this stated purpose and intent of the Mixed Use - Regional designation, The conceptual plan for the property does not propose a mix of uses. However, this is a relatively small property, and it may only be feasible to develop with a single use, Staff anticipates that the property immediately south of the subject property will be developed with a church; the Comprehensive Plan designates the property to the west as Multi-family residential, This would bring a mix of uses to the general area, Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (staff analysis is in italics below policy): . "Restrict curb cuts and access points on collectors and arterial streets," (Chapter VII, Goal IV, Objective D, Action item 2) One curb cut on Ten Mile Road exists and no new curb cutes are planned. . "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc,)." (Chapter VII, Goal IV, Objective D, Action item 4) The Applicant has not addressed landscaping adjacent to the existing uses that are to remain on-site, A CHD has stated that its future right of way acquisition width on Ten Mile Road will be 45-feet on each side of the centerline (90 feet total) for building setbacks and to include a frontage road. The general requirements of ACHD would not be in compliance with the existing use and would require compliance upon approval of a detailed site plan and/or subdivision and/or conditional use permit issuance, Staff finds that the existing building setbacks, landscaping, and the potential for right-of-way acquisition create a unique situation for the site. In order to mitigate anticipated problems, staff recommends that the City enter into a development agreement with the Applicant, . "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 Meridian Fire Department comments are based on the conceptual site plan indicating a single use of indoor storage facilities, One of the comments received from the Fire Department states that the new bridge and potential for multiple buildings creates several items of concern, The Meridian Fire Department requires specific turning radiuses between buildings, two points of access, weight requirements for the bridge, and water flow to be established prior to issuance of any building permit or certificate of zoning compliance, Public Works will submit a separate memo related to this finding discussing the availability of sanitary sewer and water systems, . "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 a designated collector Ten Mile Road. The existing uses adjacent to this site have not yet developed to the expected residential densities or Commercial uses anticipated in the Comprehensive Plan, The existing area will be complemented by the uses of a Church to the south of the property and varying residential densities in the immediate vicinity to the north and west of the site. The comprehensive plan designation to the west of the site is high density residential and medium density residential to the north of the site. The applicant has indicated a working relationship with the property owner to provide storage for a proposed apartment complex and to have a secondary access to the west to provide for thru flow of emergency vehicular traffic. The anticipated residential densities for the general vicinity would be expected to utilize the storage facilities and other mixed commercial uses within the similar comprehensive plan designation, "Plan for a variety of commercial arId retail opportunities within the Impact Area," (Chapter VII, Goal I, Objective B) The proposed and existing indoor storage facilities are the only storage facilities in the general vicinity. It is expected that a variety of commercial and residential uses would utilize the site with a mix of infill commercial sites and a varying of densities in the residential developments. . "Require all commercial businesses to install and maintain landscaping," (Chapter V, Goal III, Objective D, Action item 5) The Applicant has not addressed the requirement to install landscaping adjacent to the existing indoor storage facilities, Prior to issuance of any building permit or certificate of zoning compliance the applicant shall provide a landscape plan and install the required landscaping in conformance with MCC Title 12 Chapter 13. . "Multi-use off street pathways are to be located along, natural drains/creeks and canals", the UPRR railroad corridor," (Chapter VI, Figure VI-3) Figure VI-3 on page 55 of the Comprehensive Plan designates a multi-use pathway on Ten Mile Creek which bisects the site,. The Applicant has not addressed the issues of a pathway on the site, however as residential developments to the north of the site will be extending the pathway on the North side of the UPRR Right of way the pathway will be required to connect through the site on the west side of Ten Mile Creek according to the design standards for pathways as listed in the City of Meridian Comprehensive Parks and Recreation System Plan, . "2, Identify feasible interconnected greenbelt areas along waterways, 4, Develop and maintain greenbelt areas along waterways 11. To improve and protect creeks (Ten mile) throughout commercial, industrial, and residential areas," (Chapter V A.lD) The participation in the multi use pathway shall satisfY the goals and policies of the Meridian Comprehensive Plan improving the waterway and providing the required interconnectivity to the multiuse pathway system. . "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land use decisions," (Chapter VI, Goal II, Objective A, Action item 3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects. in a manner that is safe, accessible and convenient. The detailed site plan must address these issues, B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the Applicant intends to rezone the subject property in the future, c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning' - for example, a residential area turning into commercial area by means of conditional use permits; Inside Storage Facilitates are principally permitted uses in the CoG zone, Residential uses are prohibited in the C-G zone. The existing business would be principally allowed in a CoG zone, The purpose of the CoG District is to provide for commercial uses, which are customarily operated entirely or almost entirely within a building (MCC 11-7-2,K). Staff finds that the proposed uses would conform to the proposed zoning, 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; Chesterfield Subdivision has recently been annexed and developed with residential uses immediately north of the site, There are several commercial and high density residential developments in the area that would complement the site, The Commission and Council should rely on the preceding facts and any public testimony to determine whether the changes in the area dictate that this area should be annexed into the City and zoned CoG at this time, 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 COG zone with the proposed retail uses if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity, The site is intended to be used for commercial uses which, based on the Comprehensive Plan description, will have such uses as retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. The existing uses do not conform to the harmonious and appropriate appearance of the existing general vicinity and would be required upon redevelopment to conform to these goals and policies, F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The existing uses on the site are hazardous to neighboring uses, Accessory to the existing businesses, there are chenIicals, gasoline, and assorted automobile wastes stored on this site, Appropriate buffers should be required on the north and east boundaries of this development, as the abutting uses are less-intense than the proposed and existing uses (see MCC 12-13-12-4), The Commission and Council should rely on public testimony to determine whether the proposed uses will be disturbing or hazardous to the neighboring uses, G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that the proposed roadway improvements to Ten Mile Road should be acknowledged with the detailed site plan for the project. In the short term the existing access and frontage are satisfactory for the site, This site has over 500 feet of frontage on Ten Mile Road. Based on future development applications staff is conditioning that the Applicant enter into a development agreement with the City to require improvements (landscaping, sidewalk, multi-use pathway, road widening, turn-lane, etc,) to Ten Mile Road, subject to ACHD requirements, with site-specific standards conditions to be met in accordance with approval of the subject development. On December 17, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Fire Department has concerns with serviceability of this site, as it contains several required turns around buildings to meet standards for s~rvice, Because the applicant has not identified all future buildings within this development, such J. K. buildings will be subject to further review and comments by Meridian Fire Department. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, and any other agency not listed above, regarding their ability to adequately service this project. Staff finds that the property proposed for annexation can be served adequately by all essential public facilities and services as conditioned, 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; If this annexation/development is approved, the developer will be financing the extension of sewer, water, local/internal street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future site will be fire and police services, Staff finds that this development will not cause excessive additional requirements at public cost. I. 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; Staff finds that the indoor storage facilities involve activities, processes, materials, equipment or conditions that could produce excessive traffic, noise, fumes and/or odors, as well as other negative public impacts, A kev Question that should be discussed at the public hearing is whether the impacts will be "excessive." MCC 11-12-2 and 11-12-3 are intended to mitigate impacts of special uses such as fire hazards, bulk storage, noises, Staff does not anticipate the impacts of the site to exceed the standards as set forth by MCC 11-12-2 and 11-12-3 based on current operating conditions, 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; Staff finds that any future uses !lli!Y impact the level and flow of traffic on the surrounding roadways, The site has one access point to Ten Mile Road and future development should be designed as to provide contiguous traffic flow to adjoining properties, Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that the Ten Mile Creek is a significant natural feature that should be protected through standard stormwater and run-off management practices, Staffis not aware of any other natural, scenic or historical feature(s) of major importance in the area that may be affected by the proposed development. Staff finds the Commission and Council should rely on any public testimony that may be presented to determine whether the proposed use may cause health, safety or environmental problems of which staff is unaware. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" Staff finds that the annexation and zoning of this property as mitigated through a development agreement may be in the best interest of the City for the following reasons: . municipal sanitary sewer and water systems are readily available to provide service; the proposed use may involve activities, processes, materials, equipment and/or conditions that will produce additional traffic, noise, fumes and/or odors, as well as other negative public impacts that can be mitigated through development ofthe site; the existing uses that are to remain, signage, landscaping, public infrastructure (sidewalk, bike lanes), screening, drive-aisles, or parking, are to be brought into compliance with current City Code upon development of the site; . . For the reasons listed in the findings above, Citv Council finds that the annexinl! and zoninl! of this /Jro/Jertv would be in the best interest of the Citv.