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HomeMy WebLinkAboutUrwin AZ-05-009 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning of 1.06 Acres from RUT (Ada County) to L-O (Limited Office District), by Mike & Gloria Urwin Case No(s): AZ-05-009 For the City Council Hearing Date of: May 3, 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 May 3,2005, 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. 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-009- PAGE I of 4 verified that the property owner(s) of record at the time of issuance of these findings are Michael & Gloria Urwin. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D 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 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 Description in Exhibit A, the Conceptual Site Plan dated February 2005 as shown in Exhibit 8, and the Annexation and Zoning Comments as shown 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 applicant's Conceptual Site Plan as evidenced by having submitted the Conceptual Site Plan dated February 2005 is hereby conditionally approved; and, 2. The Annexation and Zoning Comments are as shown in Exhibit C. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-009- PAGE 2 of 4 D. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code. E. Exhibits Exhibit A: Legal Description Exhibit 8: Approved Conceptual Site Plan Exhibit C: Annexation and Zoning Comments Exhibit D: Zoning Amendment Findings By action of the City Council at its regular meeting held on the ~ rm'j ,2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYORTAMMYdeWEERD (TIE BREAKER) VOTED Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: jó.h. (ì. .lh,lDf'(\. City Clerk's Office Dated: 5-11..1 -OS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-009- PAGE 4 of 4 EXHIBIT A Urwin Annexation AZ-OS-009 Legal Description 0' - ~.- .1M ,9 >005 3. ,ee"H '" LASER~H Fpx ~. ~ <e~ ø~~ ðnr.; <50S W F"'n"'n Road. Boisfi. Id,,"" "370>-1055 Gloria and Michael Urwin Land Description for Annexation to the City of Meridian 28 January 2005 A portion of 1o11 of Block 1 01 Volkman SubdÍ!fì~, as shown on In. officjal plat lt1ereof on file in IIIe oII!œ of IIIe Ada County, Idaho, Recorder, and adjeHning public right-<»-way, being sl1uated in U-s. Lol 3 of Sec!ìon 19, TO'M1shiþ 3 North. Range 1 East. Boise Meridian, Ada CouIrty, Idaho. and being more particularly described as follows: Carm1encing at th. southwest comer of said Section 19; thence NOO'56'OO"E. 2,195.04 feet along the westerly boUTlda'Y of said Section 19 10 the extension of the nQltherty boundal)' of said Lot 1, which Is the Real Point 01 Bet;lrrnmg: Thence S89"O4'OO"E. 33500 feel along 1he "xtension of the northarly boundaly of Hid LoI1 and along the northerly bO<lndary of said Lot 1 10 the nortl1east corner of said Lot 1; Thence SOO"56'OO'W. 16800 feel along the eesteriy boundary of said Lot 1 k> U"uOult1east comar of said Lot 1; Thence N69"04'OO'W. 335.00 feet along IIIe aoutf>erly boUTldary of said Lot 1 and the extension ofllle southerly boundary of said Le>t 1 Iothe weslelly boundary of said Section 19; Thence NOO"56'OO"E, 166.00 feet along the westerty boundary of said Sectipn 1910 the RøøJ Polrrt øf Beginning. Comprising 1.292 acresi ~ or less, This land _-has - - /rom """"'y -lion =- "" In. subdivision pia' of -- R't~~P¡~9~~~ L- EXHIBIT B Urwin Annexation AZ-OS-009 Conceptual Site Plan ----------'--0 ' K@',,"! . ~I c.= - ~, ./ ,A !.ør.øo,.f""""."" -~ ~ ,,-;;> ~~ ;;; ;2, :ii~w. I~H "" ~ :i. ~, r:: (;2 ? -§ :;;¡ ,~ ¿; ..." '" 0:- cr; !3 ~ ¡£ ~ :£ :~: 1i ,A Ü g '2, ûj <" ~ EXHIBIT C Urwin Annexation AZ-OS-009 Annexation and Zoning Comments ANEXATION & ZONING FACTS AND COMMENTS 1. The subject property is within the Urban Services Planning Area. The legal description submitted with the application (dated 1-28-05, stamped by Joseph D. Canning) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 2. Any future subdivision and/or development of this property shall comply with the City of Meridian ordinances in effect at the time. 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: . That 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. . That no exterior alterations, expansions, reconstructions or other enlargements to the existing single-family structure will be permitted except through a Certificate of Zoning Compliance (CZC) and except where the use of the structure changes to a use permitted in the L-O zone. . That 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. . That other than converting the existing structure to a professional office, all future uses on the subject site shall be approved through the Conditional Use Permit process. The applicant shall provide cross-access to the parcels to the north (Parcel No. R2114050010) and south (Parcel No. R9071450052), prior to issuance of a Certificate of Zoning Compliance permit for any future use (excluding the existing home to be converted). . That vehicular access to this site shall be restricted to those approved by ITD and the City. Access to this site fÌ'om Meridian Road shall be on an interim basis only and shall terminate within 6 months of alternate access being available to the site. EXHIBIT D Urwin Annexation AZ-OS-009 Zoning Amendment Findings ANNEXA nON & 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." The following 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, ü not, has there been an application for a Comprehensive Plan amendment; The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Low Density Residential". In Chapter VII of the Comprehensive Plan, low density is defined as areas including single-family homes at densities of three dwelling units per acre or less. The applicant is not proposing a residential zone/use for this site. The City recently approved Resolution No, 04-454, which amended Chapter VII, Section 1, of the Comprehensive' Plan to include the following language: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has fÌ'ontage on an arterial street or a section line road and is 3 acres in size or less in size. In this instance, no ancillary commercial uses shall be permitted." City Council finds that the subject property has fÌ'ontage on an arterial street (Meridian Road) and is less than 3 acres in size (1.06 acres). According to Resolution No. 04-0454, the subject parcel is eligible for an office use/zone, if the Commission and Council find the zoning is appropriate for this 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): . "Restrict curb cuts and access points on collectors and arterial streets," (Chapter VII, Goal IV, Objective D, Action item 2) On the submitted conceptual plan, the applicant is proposing direct access to Meridian Road (SH 69), Other than Meridian Road, this site does not have frontage on any public street, Citv Council recommends that access to the site be TJrovided trom Meridian Road on an interim basis onlv, See comments from ITD and Special Considerations for further analysis. . "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) Meridian Road is designated as an entryway corridor on the Comprehensive Plan Future Land Use Map, By City Ordinance, a 35:foot wide landscape buffer is required adjacent to Meridian Road (MCC 12-13-10-4). A landscape buffer along Meridian Road will be required by the City with CZC/CUP/Plat approval, . "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. In order to operate a commercial business on this site, the applicant will be required to construct landscaping along Meridian Road and the perimeter of the site with CZC/CUP/Plat approval. . "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, Obj. A, #6) This parcel is contiguous to the city via the church-owned 30-acres on the west side of Meridian Road. Sanitarv sewer and water are not available to this parcel at this time, However, City Council believes that services will be available soon due to extensions of mains in connection with the Mussell Corner development (northeast corner of Victory Road and Meridian Road), The applicant will be required to connect to city services and run them to and through at such time that they become available. Sizing and routing to be coordinated with the City of Meridian Public Works department, . "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal!, Objective B) City Council believes that the proposed zone, which allows office uses, does contribute to the variety of uses in this area, Citv Council finds that the new zoninf! to L-O should be harmonious with and in accordance with the Comprehensive Plan, as amended bv Resolution No, 04-454, B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a conceptual site plan. This site plan anticipates the conversion of the E. existing residence to a professional office, The site plan does not however, depict any future use for the remainder of the site (east). City Council does not anticipate that the applicant plans to rezone the subject property in the future if the subject annexation/zoning is approved, as additional office uses may be allowed in the requested L-O zone. Please see Finding "C". 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 a commercial area by means of conditional use permits; City Council finds that a professional office on the western portion ofthis site would be a permitted use within the requested L-O zone. As mentioned above, there is no proposed development plan for the remaining unimproved part of this site (east). City Council recommends that prior to expansion of the existing structure, or future development on this site, direct lot access to Meridian Road be abandoned.. 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; Surrounding uses currently include rural residential properties to the north and west, a retail use to the south, and a vacant agricultural field to the west. As mentioned in the Surrounding Properties section above, there have been several recent developments up and down Meridian Road, between Victory Road and Overland Road. Some of these developments, Larkspur, Strada Bellissima, and Southem Springs are anticipated to develop with some similar (office) uses. Kuna-Meridian Road was recently widened to five lanes in this area by ITD. Overland Road was recently widened to five lanes, east of Meridian Road, by the ACHD. Victory Road is not scheduled by the ACHD for any improvements in the current Five Year Work Program or CIP. The intersection of Victory RoadiKuna- Meridian Road is ranked #2 on the highway district's prioritization list and is anticipated to be a signalized intersection in the near future. Although no adjacent parcels have been developed in the City, City Council finds that the proposed zoning is similar to other properties that have been developed/zoned in the general area. 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; G. City Council fmds that the proposed office zone/use will change the existing character of the area, but that the proposed zone and future use(s) should be harmonious and appropriate in appearance with the character of the overall area. City Council finds that any future 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 (as amended by Resolution No. 04-0454). Please see Finding "F" below for further analysis. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Commercial/office vehicular access to this site could cause a potential disturbance/hazard to existing and/or future uses. ACHD and ITD consider access points in their analysis of development applications. Although the subject application is for annexation and zoning only, ITD has prepared a letter that recommends restricting access to Meridian Road for this site. This letter notes that access to this site does not meet ITD's spacing of approaches. However, because the parcel is otherwise landlocked, interim access may be allowed if other access is unavailable. City Council finds that if cross access between the subject property and the properties to the north and south is provided, the proposed use (and access) should not be hazardous to neighboring uses or traffic flows. The 2002 Comprehensive Plan Future Land Use Map designates the properties to the north, south and east of the subject property for low density residential uses, If an office zone/use is approved for this site, City Council believes that the properties to the north and south (with fÌ'ontage on Meridian Road) could also request a non-residential zone/use in the future. If these adjacent property owners were anticipating low density residential uses and an office use/zone is approved, it may be considered disturbing to them. To allow for residential uses on the adjacent properties, as envisioned with the Comprehensive Plan, appropriate landscape buffers will be required on the perimeter of this site, as there are abutting uses (single-family and vacant) that are less-intense than uses allowed in the L-O zone (see MCC 12-13-12-4). City Council finds that the use of this site for professional office/clinic purposes should not be hazardous or disturbing to existing or future neighboring uses if the applicant enters into a development agreement with the City and all development and landscaping ordinances are exercised. 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; I. Sanitary sewer and water are not available to this parcel at this time. However, City Council believes that services will be available soon due to extensions of mains in connection with the Mussell Comer development (northeast comer of Victory Road and Meridian Road). The applicant will be required to connect to city services and run them to and through at such time that they become available. Sizing and routing to be coordinated with the City of Meridian Public Works department. The applicant and/or future property owners will be required to pay any applicable park and highway impact fees as well as construct on-site storm water drainage facilities. ITD has sent recommendations to the City regarding access for this site. Please review the ITD comments at the end of this report for detailed information regarding this finding. On March 11, 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 ftom 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; If approved, the developer will be financing the extension of sewer, water, local street inftastructure, utilities and irrigation services to serve the project. Other required site improvements will be funded and constructed by the developer through the CZC/CUP/Subdivision approval process. The primary public costs to serve the future patrons will be fire and police facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development 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; If the subject annexation and zoning application is approved, the applicant intends to convert the existing residence to a professional office. City Council finds that any future uses on this site 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). City Council recognizes that traffic and noise will increase with the approval of this development; however, do to the size of the site (1.06 acres) City Council does not believe that the amount generated will be detrimental to the general welfare of the public. The purpose ofthe 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." (MCC11-7-2.G) 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. City Council does not anticipate the proposed annexation and subsequent use(s) will create excessive noise, smoke, fumes, glare, or odors. City Council finds that the proposed office zoning/use should not be detrimental to people, property or the general welfare of the area. MCC 11-16-4 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses to more fully comply with this finding. Due to the high probability for redevelopment of the subject site, City Council believes that a Development Agreement is necessary to ensure that the purpose of the L-O zone is maintained. J. 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; The applicant is conceptually proposing to construct one new driveway to Meridian Road. This driveway is located near the north property line. ITD has submitted a letter to the City stating that their policy for access to a Type IV Principal Arterial (SH 69) will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. ITD's policy on approaches lessens the ability of driveways to create interference on the roadways. The conceptually proposed driveway to SH 69 for this site does not conform to ITD's policy listed above for approaches on a Type IV roadway. Currently SH 69 has a posted speed limit of 55 MPH. Vehicles leaving this site fÌ'om the proposed access point will be attempting to merge with, or cross, traffic that is going extremely fast. However, this parcel only has fÌ'ontage on Meridian Road; it is otherwise landlocked. To obtain an access permit to Meridian Road fÌ'om ITD for a commercial/office use, the applicant will be required to provide cross access to the adjacent parcels (north and south) and the access will be allowed on a interim basis (until alternate access can be provided). Because there is currently a center turn lane on Meridian Road abutting this site; the anticipated office use will not be a significant traffic generator, and; the access L. will be temporary, City Council believes that the access point will not create significant traffic interference. Further, City Council finds that the least amount of interference to traffic on the surrounding public streets will occur if cross access between the subject property and the properties to the north and south are provided, and the proposed access point is removed once an alternate ingress/egress point is provided. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and City Council is unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and zoning application. 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)" There have been several recent developments in this area, none have occurred adjacent to this site. If a non-residential use is approved for this site, City Council anticipates the properties to the north and south may also develop with non- residential/office uses and not low-density uses as envisioned with the Comprehensive Plan Future Land Use Map, NOTE: City Council has included Development Agreement stipulations for annexation and zoning of this property.