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HomeMy WebLinkAboutQuenzer Commons Subdivision RZ-05-003 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Quenzer Commons Commercial Subdivision, Rezone from R-8 Medium Density Residential with a Planned Development to C-N Neighborhood Commercial Case No(s). RZ-05-003 For the City Council Hearing Date of: May 10, 2005 A. Findings of Fact 1. Heariog Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public heariog, 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 heariog before the City Council was posted upon the property under consideration more than one week before said heariog. All other noticing was done consistent with Idaho Code §67- 6509. b. The matter was duly considered by the City Council at the May 10, 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. 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). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. d. 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 staffreport. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).RZ-O5-003 - PAGE I 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 findings is Landmark Properties, LLC, David Turnbull managing member. 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit C for the findings required for each type of 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 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 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 Description in Exhibit A, the Site Plan dated February 15,2005 as shown in Exhibit B and the Site Specific Comments in Exhibit D. 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 applicant's Rezone as evidenced by having submitted a record of survey is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).RZ-O5-003 - PAGE 2 of 4 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. 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 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. E. Exhibits Exhibit A: Legal Description Exhibit B: Approved Rezone Map Exhibit C: Zoning Findings Exhibit D: Site Specific Cornments By action of the City Council at its regular meeting held on the / f) -f~ day of ¡nO} ,2005. COUNCIL MEMBER SHAUN WARDLE VOTED ~ VOTED d6~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ - MAYOR TAMMYdeWEERD (TIE BREAKER) VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).RZ-O5-003 - PAGE 3 of 4 Copy served upon Applicant, The PI Attest: Ad£-; and City Attorney. By: ,)(\)Uh. )t-.' ÐIY\ City Clerk Dated: 5-\u,O6 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).RZ-O5-003 - PAGE 4 of 4 EXHIBIT A Quenzer Commons Commercial Rezone RZ-05-003 Legal Descri(Jtion -_. Engineering North West, uc 423N._rl'loce.SuiteliO Boi...ldaho 83104 (208) 376-5000. Fax (2'"') 376-5556 Projcd No. 05-008-01 Dale: February 15, 2005 QUENZER COMMONS COMMERCIAL REZONE DESCRIPTION A parcel of land 1ocated in theNE 114oUheSB 1I40fSect¡on 31, T. 4 N.. R. I E., B.M., Meridian, Ada County, Idaho. more particularly described .. follows: Commencing at the section comer common "'Sections 31 and 32 of saiq T. 4 N., R. I E., and Sections S and 6 ofT. 3 N., R. ¡ E.. B.M.; Thence North 00"31'35" East, 2659.04 feet on the aection line eommon '" said Sections 31 and 32 '" the 114 aeclion comer common to ,aid Sections 31 and 32, .aid point being the REAL POINT OF BEGINNING; Thence re....ing direction. South 00°31'35" West, 586.1 I feet on the section line common 10 said Section. 31 and 32; . Thence leaving said aection line, Nom S9"29' 42" West, 354.20 feet, . portion of said line being on the aoutherly boundary line of Que..... Commons Subdivision No.3, as same is shown on the plat thereof recorded in Book Sg of Plats at Page 10030 Of Ada Coonty Records. to the soothwest comer Of said Quenzer Commons Subdivision No.3; Thence North 00"30' IS" East, 584.40 feet,. portion of said line being on the boundary line common'" said Qucnz.cr Commons Subdivision No. 3, and Quenzer Commons Subdi vision No. I, as same Subdivision No.1 is shown on the Plat d1emof recorded in Book 85 of Plats at Page 9511 of Ada County Records, '" . point on the east-west mid-section line of soid Section 31; Thence South g9°46'21" East, 354.43 feet on the east-west mid-section line of said Section 31 to the real point of beginning. Said parcel contains 4.76 acres more or I"". PREPARED BY: EogIøæriDg NortbWest, LLC M..%'):~~ ~ :v"~ f2--J FEe \ 62065 J- R. Wasbbum. PLS "",._""""""",o._,,,,,.... ",..Iofl EXHIBIT B Quenzer Commons Commercial Rezone RZ-OS-003 Site Plan -~-,'~.. . ; QUENZER COMMONS COMMER(;IAL REZONE EXHIBIT SCALE: ," = 100' \ R'~W ~ .~ fEe \ G 2005 .pUsue ..ct~~~SOEpT. .""".~ 1-_~2.2'~~_- I I il ..., :.., II I I I I I I~ 13: II~ r> 8 II) I I L______-- N89'29'42'W J54.20' I. 16! ¡ :;; ~ z T,4N.. R,1E. 5.31 .5.J2 E. US11CK RD. - - - ~.;-R.TE.- 5.6 5.5 EXHIBIT C Quenzer Commons Commercial Subdivision RZ-05-003 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 oflhefollowing standards and shall find adequate evidence answering thefollowing 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 "Neighborhood Center" on the Comprehensive Plan Future Land Use Map, Staff finds that the requested Neighborhood Commercial (C-N) zoning designation for use as a mid-block commercial site with office uses 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; Staff does not anticipate that the applicant intends to rezone the subject property in the future, The proposed uses are consistent with the Neighborhood Commercial Designation and the existing buildings are in compliance with this designation. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning; Staff finds that the proposed uses of office/commercial are allowed in the proposed C-N 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; Staff finds that the City's Comprehensive Plan has provided the applicant with the ability to request the CoN 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 since the approval of Heritage (Quenzer) Commons in 2002. The rezoning of the property will allow for the uses and the zoning to be compatible. 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 anticipates that the proposed use will be operated and maintained to be harmonious with the existing neighborhood. The applicant has not submitted specific information concerning the design or appearance of the proposed offices. The existing building layout and the proposed site plan are similar in appearance and in conformance to the layouts submitted through the use exception approval. The Commission and Council should consider all public testimony, oral and written, before making this finding. F. Will not be hazardous or disturbing to existing or future neighboring uses; Staff finds that the requested rezone should not be disturbing to existing or future neighboring uses, Through the preliminary plat process, the City determined that commercial/office uses are appropriate for the area. Staff anticipates that the proposed commercial offices will not be hazardous or disturbing to the neighboring uses. The Commission and Council should consider all public testimony, oral and written, before rnaking this fmding. 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; Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. 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; Staff finds that the requested uses will not create excessive additional requirements at public costs for public facilities and services. The uses were I. J. previously approved, the subject application is only intended to make the zoning consistent with the approved uses. Additionally, staff 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; Staff finds that the proposed C-N 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 and are designed around residential compatibility. Will 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 the proposed C-N zoning will not interfere with general traffic patterns on any public streets, ACHD approved the preliminary plat in 2002, the proposal is consistent with the ACHD review for the CUPIPD of Quenzer Commons preliminary plat. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Staff 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. L. Is the proposed zoning amendment in the best interest of the City; Staff finds that the proposed rezone would be in the best interest of the City by allowing the rezone, Matching the proposed uses to the zoning is beneficial to the applicant and to the City of Meridian for consistency with the schedule of use control. EXHIBIT D Quenzer Commons Commercial Subdivision RZ-05-003 Site Specific 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 buildings on site, 4. Applicant shall meet all terms of the approved Preliminary Plat (PP-02-007), Planned Development (CUP-02-007), and Development Agreement (Inst. No, 102078396). 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 1 0'. 2. b. c. d. e. f, 3. All entrance and internal roads shall have a turning radius of28' 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 201 O. 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.