HomeMy WebLinkAboutMeridian Fire Station No. 4 RZ
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 government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b.
Written and oral testimony was received on this matter, as reflected in the records
ofthe City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
c.
d.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O5-002 - PAGE 1 of 4
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
[IDdings 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
I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan 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-O5-O02 - PAGE 2 of 4
E.
Notice of Final Action and Right to Regulatory Takings Analysis
I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Exhibits
Exhibit A: Legal Description
Exhibit B:
Site Specific and Standard Comments
Exhibit C: Zoning Amendment Findings
/¿Jdt!
By action oftJ;le City Council at its regular meeting held on the -I day of
IJ1rr í ( , 2004.
COUNCIL MEMBER SHAUN WARDLE VOTED ~
COUNCIL MEMBER CHRISTINE DONNELL VOTED ~
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
VOTEDfr
MAYOR TAMMY de WEERD
(TIE BREAKER)
-
VOTED-
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O5-002 - PAGE 3 of4
Attest:
and City Attomey.
By: ~hIì ~UJ/\-.
e' y Clerk's Office
Dated:
4-'2'2..-05
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O5-O02 - PAGE 4 of 4
EXHIBIT A
Meridian Fire Station No.4
RZ-O5-002
Legal Description
REZONE BOUNDARY DESCRIPTION
FOR
THE CITY OF MERIDIAN, ADA COUNTY. IDAHO
A parcel located in the NE II of the SE ,~ of Section 20, Township 3 North. Range I East,
Bnise Meridian, and hcing Loll of Block 4 of TH()U,~4ND SPRINGS SUBDIVISION No. ¡
as shown in Book 78 of PlatS at Page 8248 in thc office of the Recorder, Ada Counly. ¡dabo,
more particularly described as follows:
Commeocing at a drill steel monumcnt marking the northeasleFly comer of said NE Y. of the
SE \4, /i-om whieh a drill steel monument I1UIrking the southeasterly corncr of said NE Y. of 'he
SE II bears S 0'00' 14" E a distance of I 350.1)4 fecI;
TIlence S 0'00'14" E along the easterly houndary of said NE Y. of the SE 'I. . distance of
231.45 feet 10 the POINT OF BEGINNING;
Theoce continuing S 0'00'14" E a distance of 249.51 ICe! to a point on the e"c.,ion of the
",}utheTly boundary of said un I;
Thence leaving said easterly hoandary S 84'59'54" W .Iong said sOLJtherly houndary line
extension a distance of224.91 feet (0 the southwesterly corner of said Lot I;
Thence N O'OO'W" W .Iong the westerly boundary nf,aid Lot 1 a distaoce of 345.09 ';,ct to
the northwesterly corner of said Lol I;
Thence S 67'25'38" E .Iong the northerly boundary of said Lot I a distancc of 248.98 feel In
the POINT OF BEGINNING.
'Inis parcel contains 1.57 ""res and is sobjecl to any easemenls exisling or in usc.
Prepared hy: Glenn K. BetlfJett, PLS
Civil Survey Consultanls, Incorporated
Fehruary 4, 2005
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SKETCH 1'0 ACCOMPANY REZONE DESCRIPTION FOR
LOT 1 OF BLOCK 4 OF THOUSAND SPRINGS SUBlJIVISON NO, 1
LOCATED IN THE NE 1/4 OF THE SE 1/4 OF SECTION 20,
TOWNSHIP :1 NORTH. RANGE 1 EAST, BOISE MERIDIAN,
ADA COUNTY, IDAHO.
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EXHIBIT B
Meridian Fire Station No.4
RZ-O5-002
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,
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
I, 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 y," 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 comers.
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 intemal & 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 ofthis 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.
Sanitary Services Comment:
1.
SSC has no comments related to this application.
EXHIBIT C
Meridian Fire Station No.4
RZ-O5-002
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 allowed 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
H.
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 conceming 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.
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;
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,
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;
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.
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;
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.
K.
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,