HomeMy WebLinkAboutVerona Subdivision No. 3 RZ-05-006
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Verona Subdivision #3 Rezone, A rezone of 4.65 acres from R-8PD to L-O
Case No(s). RZ-05-006
For the City Council Hearing Date of: May 17 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 21, 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.
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
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
verified that the property owner(s) of record at the time of issuance of these
findings are Primeland Development, LLC, Frank Varriale, President.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O5-006- PAGE 1 of 4
4. Required Findings per Zoning and Subdivision Ordinance
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 (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 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 Preliminary Plat
dated August 3, 2004 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:
1. The applicant's rezone as evidenced by having submitted the Preliminary Plat and
Legal Description dated August 3, 2004 is hereby conditionally approved; and
2. The site specific and standard conditions of approval are as shown in Exhibit C.
D. Notice of Applicable Time Limits
1. Notice of Twelve (12) Month Preliminary Plat Duration
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O5-006- PAGE 2 of 4
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
Notice of Final Action and Right to Regulatory Takings Analysis
E.
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.
F.
Exhibits
Exhibit A:
Exhibit B:
Legal Description
Approved Rezone Map/Preliminary Plat
Exhibit C:
Zoning Findings
Site Specific Comments
Exhibit D:
By aØf5!åø.the City Council at its regular meeting held on the /7~ day of
f--lJ, tí' ,2005.
COUNCIL MEMBER SHAUN WARDLE VOTED ~
COUNCIL MEMBER CHRISTINE DONNELL VOTED--þ
COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~
VOTED.þ
COUNCIL MEMBER KEITH BIRD
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O5-006- PAGE 3 of 4
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
and City Attorney-
~ r
By:. Ov\O- )1 MJ.N-
èì(y Clerk
Dated: 5-~3-()Ç
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O5-006- PAGE 4 of 4
EXHIBIT A
Verona Subdivison #3
RZ-05-006
Legal Description
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Thence along said rigbt-ofJay Nortb 82"03'21" West. JI!.J4 feet;
Thence 90.54 feet along the L ofa cmve 10 thc left, having a radius of827.00
feet. a centrarangleof6"16'22", anf:long chord bearing North 85°11 '32" West, 90.50
feet; I
Thence 50.48 feet alongthebOfacwveto the right, having a radius of 193.00
feet. a central angIe.f 14059'10"'l'd along chord bearing North 80"50'09" We", 50.34
feet;
Thence 105.55 foet along ""181C ofa cu",e to the left, having a radius of336.00
feet. a cenlralangleof 17°59'51", ar¡d. long.chordò. <aringNortb 82"20'32" West,
105.12 ¡eel to the Point of Beginning. Cont.ming 4 65 acres, more or less.
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EXHIBIT B
Verona Subdivision #3 Rezone
RZ-05-006
Approved Site Plan
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EXHmIT C
Verona #3 Subdivision Rezone
RZ-05-006
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 shallfind adequate evidence answering thefollowing
questions about the proposed zoning amendment (II-I5-II):
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 "Medium Density Residential" on the
Comprehensive Plan Future Land Use Map. Staff finds that the requested
Limited Office (L-O) zoning designation for use as a commercial site with office
uses is harmonious and in accordance with the Comprehensive plan. MCC 12-6-3
allows non-invasive buffers of office developments where the use is secondary
and supportive of the neighborhood residential uses in a Planned Development.
The Medium Density Residential comprehensive district makes allowances for
large subdivisions under Planned Developments,
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 Medium Density
Residential Designation within a Planned Development and the proposal is in
compliance with this designation, the conditional use permit, and preliminary plat
conditions of approval.
C.
Is the area included in the zoning amendment intended to be developed in the
fashion that would be aUowed under the new zoning;
Staff finds that the proposed uses of office are 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. The uses are limited by the Planned Development CUP-03-007 to the
office/church uses as listed to provide local services (i,e. medical, dental, optical,
religious etc...)
D.
Has tbere 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 and development ordinances have
provided the applicant with the ability to request the L-O zone for the subject
property. The existing approvals CUP-03-007 and PP-04-044 are consistent in
uses within a Planned Development and the development has occurred in a
fashion consistent with the approvals. 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 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
office uses were appropriate for the area.
Staff anticipates that the proposed offices 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 rIJ'e 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 ITom
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.
I.
J.
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
previously approved under CUP-03-007, 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 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 and are designed around residential compatibility.
Will have vebicular approaches to the property which sball be so designed as
not to create an interference with traffic on surrounding public streets;
Staff finds that the proposed L-O 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 theCUP/PD of Verona
Subdivision 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.
EXIDBIT D
Verona Subdivision #3 Rezone
RZ-05-006
Site Specific 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 buildings on site.
4,
Applicant shall meet all terms of the approved Preliminary Plat (PP-04-044),
Planned Development (CUP-03-007), and Development Agreement.
FIRE DEPARTMENT CONDITIONS
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.
2. 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.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d- Locations with fire hydrants shall have the curb painted red 10' to each
side ofthe hydrant location.
e. Fire Hydrants shall be placed on corners,
f. Fire Hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire Hydrants shall be placed 18" above finish grade.
3- Provide a 20' wide Fire Lane for all internal & external roadways.
4. For all Fire Lanes, paint the curb red and provide signage "No Parking, Fire
Lane".
5, Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
6. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed per Appendix D.
7, The proposed 6-1ot subdivision will have an unknown transient population and will have
an unknown impact Meridian Fire Department call volumes. The Meridian Fire
Department has experienced 2397 responses in 2003. According to a report completed
by Fire & Emergency Services Consulting Group in February of 2000 our requests for
service are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
8. Maintain a separation of5' ITom the building to the dumpster enclosure.
9, Provide a Knockbox entry system for the complex prior to occupancy.
10. The applicant shall work with city staff to provide and address identification plan
including a pylon/monument sign at the required intersections.
11, All processes & storage practices shall be required to comply with the International
Fire Code.
12, All portions of the buildings located on this project must be within 150' of a paved
surface as measured around the perimeter of the building.
13. Provide exterior egress lighting as required by the International Building & Fire
Codes.
14, Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) ¡¡-om a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b, For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m),
15. There shall be a fire hydrant within 100' of all fire department connections.
16, Buildings over 30' in height are required to have 26' wide access roads in
accordance with Appendix D Section D1 05,