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HomeMy WebLinkAboutTouchmark Subdivision AZ-05-022 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND - --------~-- DECISION & ORDER --- In the Matter of a re¿~--rur~nexation and Zoning Approval of 1.3 Acres from RUT (Ada County) to L-O (Limited Oiñce):~_~"!?-~_for Touchmark Subdivision, by Touchmark of t~~ !~s~~Yalley - --- - ----- -- jGase No(s): AZ-05-022 /' ~ ----- ------ - For the City Council Hearing Date of: June 28, 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 June 28, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe 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). AZ-O5-022 - 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 Touchmark of the Treasure Valley. 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit D for the findings required for this application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers confen-ed 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 cun-ent 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 £rom 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 4/14/05 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 C. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-022 - 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 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. F. Exhibits Exhibit A: Legal Description Exhibit B: Site Plan (4/14/05) Exhibit C: Site Specific Comments Exhibit D: Zoning Amendment Findings By action of the City Council at its regular meeting held on the I Z -/!:: day of Q~ ,2005. COUNCIL MEMBER SHAUN WARDLE VOTED ~ VOTED----þ VOTED ~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) -- VOTED Attest: Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. Dated: 1-13- os By' - City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-022 - PAGE 4 of 4 EXHIBIT A Touchmark Subdivision AZ-O5-022 Legal Description DESCRIPTION FOR ANNEXATION PARCEL FOR TOUCHMARK PLAZA SUBDIVISION MARCH 15,2005 A PARCEL OF LAND BEING A PORTION OF THE NW 1/4 OF SECTION 161. 3 N., R. 1 E., a.M., MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 16 T. 3 N., R. 1 W., 8.M., THENCE S 89°28'47" E 1353.13 FEET ALONG THE NORTH LINE OF SAID SECTION 16 TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; - THENCE S 00°21'56" E 496.26 FEET TO A POINT; THENCE S 79°29'58" E 117.09 FEET TO A POINT; THENCE N 00°21'56" W 516.55 FEET TO A POINT; THENCE N 89°28'47" W 115.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, CONTAINING 1-34 ACRES MORE OR LESS. WAYNE K. BARBER R~'WV~n -- BY-- ~:J~'------"" .-r.,.'!'! PUBLiC c- C-,' ',,'TT. 408 IO-annex.doc EXHIBIT B Touchmark Subdivision AZ-O5-022 Site Plan ----"."---"."--"".". ~.._-----""--"-- \' C-G FRANKLIN ROAD -~------"'-_.'."-------"'..... - "",,- -----------.---......'"-- ...n . . ---I . . . . . . . . . . . . .. . I W . : ...- : "."":~".:c_Ö)':"::" I.. I .. I I . . . .i I RUT. . ,,-I . ! . . . . . .... :1 .... .-,<~:~~:-=-'~"'~- L-O l r /.' I.' /,,- / .' f " / / l// L-O ..-. :1 _i!.. N \t ~~:~~":~,'" ~1Þ_"'T ;/ //~~;::;:~~/ 100 "'" - .~></" '" --""" -'-------:-' / ",' /. , ._i- ."',",oN " ..:"":=":-:::'!':'~C=::::::"~' "y, ANNEXATION PARCEL TOUCHMARK PLAZA SUBDIVISION BRIGGS ENGINEERING, INC. ~~ ENCINEr.RS PLANN.RS SUR\I<YORS 11111() w- OVŒW;D ~IJ/J) . ao:sc IDAI\1 83)J5 ' \1a8)JH-97JO VICINITY ~ R[5UBOMSION OF LOTS 1 THRU J. BLOCK 2. OF TOUCHMAAK LMNG (:[I/T[R SUBOlVISiON NO- I, AND A PORTION OF THE N'/I 1/4 Of SECTION 16 T J N_. R 1 L. B_~-. MERI~, M1A. COONTY, 1fWi0 O"\) OATE, ""G NO. 5C",,;;- 03/14/05 KDH 40810 1"~ 100' "'n' " 1 OF 1 <081 O-MINn ':]OoliWG -~-.,,"'"- EXHIBIT C Touchmark Subdivision AZ-O5-022 Annexation and Zoning Comments ANEXA TION & ZONING COMMENTS 1. The subject property is within the Urban Services Planning Area. The legal description submitted with the application (dated 3-17-05, stamped by Wayne K. Barber) 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 £rom their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. . That the subject property shall be included in a future detailed Conditional Use Permit application prior to development of the site. . That the applicant agrees to provide cross-access to the adjacent parcels to the east, south and west, prior to issuance of a Certificate of Zoning Compliance (CZC) permit for any future use. . The existing domestic well and access drive to Franklin Road may remain and be utilized by the residents of the property until such time that the parcel is redeveloped as a part of a commercial development. OTHER AGENCYIDEPARTMENT COMMENTS MERIDIAN 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. 2. Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Y2" 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 of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing pennits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 5. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D1O3.6 Signs. 6. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. 7. Operational fire hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 9. 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. 10. The office/commercial 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 2612 responses in the year 2004. 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. 11. Maintain a separation of 5' £rom the building to the dumpster enclosure. 12. Provide a Knoxbox entry system for the complex prior to occupancy. 13. The applicant shall work with Planning Department staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 14. The Fire Dept. has concerns about the ability to address the project and have the addresses visible £rom the street which the project is addressed off of Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. 15. All portions ofthe buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 16. Provide exterior egress lighting as required by the International Building & Fire Codes. 17. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) £rom 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). 18. There shall be a fire hydrant within 100' of all fire department connections. 19. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section DI05. MERIDIAN PARKS DEPARTMENT COMMENTS 1. The Parks Department has no concerns with the site design as submitted with the application. SANITARY SERVICES COMMENTS 1. SSC has no comments related to this application. EXHIBIT D Touchmark Subdivision AZ-O5-022 Required Findings ANNEXATION & 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 staff: 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 current Comprehensive Plan Land Use Map designates the property as "Mixed Use Community". City Council finds that if the property is developed as part of the previously approved commercial office uses, the application is in accordance with the Comprehensive Plan. The purpose of the mixed use designation in the Comprehensive Plan "is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." Thus City Council finds that the anticipated use of the site is in hannony with the intent of the Comprehensive Plan designation. B. Is the area included in the zoning amendment intended to be rezoned in the future; 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 the anticipated 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 professional offices, laboratories, libraries and medical clinics would be permitted uses within the requested L-O zone. As mentioned above, however, there is no detailed development plan proposed at this time. F. Staff recommends that a Development Agreement should be executed between the applicant and the City of Meridian that will require that the subject property is included in a future detailed Conditional Use Permit application prior to development of the site. 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; The City of Meridian annexed the properties to the south, east and west on May 15,2001 (Ordinance No. 01-917) and approved a conditional use permit (File No. CUP-99-039) for the applicant to develop the property into a mixed-use retirement community consisting of a large number (700-750) of various types of residential dwelling units (single- family/townhouse/multi- family/assisted-living etc.. .), medical offices, commercial/retail businesses and a senior community center. 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 finds that the proposed annexation will not adversely change the existing (mixed use) or intended (mixed use) character of the general vicinity. The proposed project boundary is sun-ounded on all sides by other property owned by Touchmark for the Meadow Lake Village project and is in harmony with the approved conceptual plan for the project. Any impacts of the annexation will likely be restricted to existing and future phases of the Meadow Lake Village project itself. The applicant will be required to construct, operate and maintain future buildings in accordance with City Code. City Council further finds 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, including the previously approved Touchmark development. Staff 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. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The land to the north of Franklin Road is cun-ently zoned C-G and is anticipated to be developed in a fashion similar to other commercial properties in the vicinity. I. G. Staff does not anticipate that the requested L-O zoning designation will adversely impact any properties in the area. 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; Sanitary sewer and water are currently available to this parcel and the applicant will be responsible for all costs associated with the sewer and water service extension. 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. On May 13, 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 £rom 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 (driveways) infrastructure, utilities and irrigation services to serve the project. Other required site improvements will be funded and constructed by the developer through the CUP and CZC approval process. The primary public costs to serve the future uses 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; 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) and the square footage constructed. City Council recognizes that traffic and noise will increase with the approval of this development; however, due to the size of the site, City Council does not believe that the amount generated will be detrimental to the general welfare of the public. The purpose of the 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. Staff 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. 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; This parcel has a limited amount of frontage on Franklin Road. To help future traffic flows in this area, staff believes that access to Franklin Road should be eliminated upon annexation and the parcel should take access off of a future interior road within the Touchmark development. Cross access between the subject property and the adjacent properties within Touchmark Subdivision should be required. Staff believes that the proposed uses (and access) should not be hazardous to neighboring uses or traffic flows. Further, City Council finds that the least amount of interference to traffic on the surrounding public streets will occur if the subject property is prohibited £rom taking direct lot access to Franklin Road once redevelopment of the site occurs. 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. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" The legal description submitted with the application, prepared by Briggs Engineering, shows that the property is contiguous to the existing corporate boundary of the City of Meridian. The lands directly north, south, east and west of the subject property have previously been annexed into the City and this is an addition to the City. In accordance with the findings listed above, City Council finds that the annexation/zoning of this property would be in the best interest of the City.