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HomeMy WebLinkAboutMeridian Fire Station No. 4 RZ-05-002 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a request to Rezone 1.28 acres from R-4 to L-O (Limited Office) for Meridian Fire Station No.4, by City of Meridian. Case No(s): RZ- 05-002 For the City Council Hearing Date of: April 19, 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 April 19, 2005, public hearing(s). The applicant, affected property owners, and govermnent subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. c. 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. 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 CASE NO(S). RZ-O5-002 -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 City of Meridian. 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 (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 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 govermnental 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: 1. 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-O5-002 - PAGE 2 of 4 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 [mal 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 Exhibit C: Zoning Amendment Findings ¡a r!J. By action of tJ;l.e City Council at its regular meeting held on the -/ day of ~í{ ,2004. COUNCIL MEMBER SHAUN WARDLE VOTED ~ COUNCIL MEMBER CHRISTINE DONNELL VOTED ~ VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) -- VOTED- ~~ MayorTam eWeerd CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-O5-002 - PAGE 3 of 4 Attest: and City Attorney. By:JhCl ,~UJ/\.-. . y Clerk's Office Dated: 4- 'l '2.-05 CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-O5-002 - PAGE 4 of 4 EXHIBIT A Meridian Fire Station No.4 RZ-OS-OO2 Legal Description REZONE BOUNDARY DESCRIPTION FOR THE CITY OF MERIDIAN, ADA COUNTY, IDAHO A parcel located in the NE Yo of tbe SE 'I. of Section 20. To,,"ship 3 North. Range I East. Boise Meridian. and being Lol I of Block 4 of 7110U.~4ND SPRINGS SUBDIVISIUN NO / as shown in Book 78 of Plats at Page 8248 in the omee of the Reeorder, Ada County. Idaho, more particularly described as follows: Commencing at a drill steel mnnument marking the nnrth"'lerly comer of said NE of Ihe SF Yo, from which a driB steel monument marking the southeasterly comer of said NE Y. of the SE Yo bears S 0.00'14" E. distance of I 350J)4 feel; Thence S 0'00'14" F along tbe easterly )x)undar¡' of said NE Yo of the Sf Yo a distance of 231.45 feet to tbe POINT OF BEGINNING: Tbence continuing S 0'00'14" E a distance of 24'1.51 feet 10 a point on the exlensiun of the soutberly houndary of said lol I; "!lienee leaving said easterly boundar¡' S 89'59'54" W along said south>:rly beundary line exlens;on a distance of229.91 feet to the "ruthwcsl"ly comer of said Lot I; Thence N 0.00"06" W along the westerly b,mndary of said Lot I a distance of 345.0'1 tèet to the oorthwesterly comer of said Lot I: Thence S 67'25')8" E along the northerly boundary of said Lot 1 a distance 01'248.98 feet to lite POINT OF BEGINNING. This par..! conlains 1.57 acres and is suhjeet to any easements existing or inuse. Prepared by: Glenn K. Bennetl, PLS Civil Survey Consultants, Incorporated Fehruary 4, 2005 ,;'J~(L , ""LlC ';~';~~ 1,wr. ~-----------.~'--_._-,,~ - SKETCH TO ACCOMPANY REZONE DESCRIPTION FOR LOT 1 OF BLOCK 4 OF THOUSAND SPRINGS SUBDIVISON NO, 1 LOCATED IN THE NE 1/4 OF THE SE 1/4 OF SECTION 20, TO1J'NSHIP 3 NORTH, RANGE 1 EAST. BOISE MERIlJIAN, ADA COUNTY; IDAHO. 26 /~-~ ~ 25 ~ ~ 24 ~ ~ "~(f5YLc\P.,.'\P~,J, ,VtJ-> -' a~ c<;;4- ","UBue ,"W'T NORTHEASTER< Y CORNF:R Of' mE fIE '/4 Of' mE Sf' f/4 t 1/4 ~ ~ SCALE' '":50' 8i.OCK 4 ~ ~. §~ ~'" THOUSAND SPRINGS stIBDMSION NO. , '" . :!: ~ II¡ ~ <:i :¡ , T. ' S 8!T5!J'54 W 229.9' 48.00' "- <:> <>i iIJ SOl/l/{EASTEFlL Y COI?NER Of' THE NE 1/4 OF THE Sf'T/4 51/16 EXHIBIT B Meridian Fire Station No.4 RZ-OS-OO2 Site Specific and Standard Comments SITE SPECIFIC COMMENTS (Rezone) 1. The legal description submitted with the application is accurate and meets the requirements ofthe City of Meridian and State Tax Commission. 2, All development on said property shall comply with Meridian City Code, 3, A Certificate of Zoning Compliance (CZC) application shall be submitted for approval prior to occupancy of the building, 4, The applicant shall work with City Staff to provide additional landscaping for the screening and buffering ITom the residences on the west side of the property. Fire Department Comments 1, Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a, Fire Hydrants shall have the 4 Yz" 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 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', 2. b. c. d. e. f, 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. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins, 6. The office 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, Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping, 7, The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles, This cost of this installation is to be borne by the developer. 8. The proposed location of the Meridian Fire Station meets the general requirements of the Master Site Plan for fire station locations. The site appears to have met the minimum lot dimensions required for a satellite fire station location, 9. There shall be a fire hydrant within 100' of all fire department connections. 10. The State Fire Marshall will conduct the plan review for this proposed Meridian Fire Department substaion, Sanitarv Services Comment: 1. SSC has no comments related to this application. EXHIBIT C Meridian Fire Station No.4 RZ-OS-OO2 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 standards and shall find adequate evidence answering the following 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; The subject property is designated as "Public/Quasi Public" and is identified as an "Existing or Potential Fire Station" on the Comprehensive Plan Future Land Use Map, In Chapter VII of the Comprehensive Plan, public/quasi public is defined as areas which are designated to preserve and protect existing private, municipal, state and federal lands for area residents and visitors. City Council finds that the requested Limited Office (L-O) zoning designation for use as a Meridian Fire Department substation is harmonious and in accordance with the Comprehensive plan. B. Is the area included in the zoning amendment intended to be re-zoned in the future; City Council 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 aUowed under the new zoning; City Council finds that the proposed use as a fire station is allowed in the proposed L-O zone. The applicant has not submitted a proposed site plan and is not specifically proposing to install any site improvements with the subject rezone application, The applicant will be required to submit for a Certificate of Zoning Compliance (CZC) which, when processed, will require the applicant to make site improvements, including parking and landscaping, in accordance with Meridian City Code. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned; City Council finds that the City's Comprehensive Plan has provided the applicant with the ability to request the L-O zone for the subject property. The area adjacent to this property contains a mixture of uses including retail, office, and residential and has been developing and changing rapidly over the past decade. The rezoning of the property will allow for the construction of a fire department substation which will improve public safety services in the fast growing area of southeast Meridian. 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; City Council anticipates that the proposed use will be operated and maintained to be harmonious with the existing neighborhood, The applicant has submitted specific information concerning the design or appearance of the proposed fire station and City Council finds that it is harmonious with the character of the surrounding neighborhood. F. Will not be hazardous or disturbing to existing or future neighboring uses; City Council finds that the requested rezone should not be disturbing to existing or future neighboring uses. Through the Comprehensive Plan process, the City determined that public/quasi public uses are 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. City Council anticipates that the proposed fire station will not be hazardous or disturbing to the neighboring uses. The Commission and Council should consider 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; On February 25, 2005, 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, City Council finds that the public services listed above can be made available to accommodate the proposed development. 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; I. J. K. L. City Council finds that the requested uses will not create excessive additional requirements at public costs for public facilities and services, Additionally, City Council finds that the proposed rezone would not be detrimental to the economic welfare of the community. 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; City Council finds that the proposed L-O 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. Will 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 the proposed L-O zoning will not interfere with general traffic patterns on any public streets. 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. City Council 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; City Council finds that the proposed rezone would be in the best interest of the City by allowing the construction of a Meridian Fire Department substation which will improve public safety services in the fast growing area of southeast Meridian,