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HomeMy WebLinkAboutMeridian High School RZ-05-025 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a request Annexation and Zoning of 5.47 acres from RUT (Ada County) to R-4 (Low Density Residential) for Meridian High School, by Hummel Architects. Case No(s): RZ- 05-025 For the City Council Hearing Date of: August 16, 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. b. The matter was duly considered by the City Council at the August 16, 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. 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). 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 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). RZ-O5-008 - PAGE 1 of 4 verified that the property owner(s) of record at the time of issuance of these findings is Joint School District No.2. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for this 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 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 April 14, 2005 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. E. Notice of Final Action and Right to Regulatory Takings Analysis CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-O5-008 - PAGE 2 of 4 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 tìled. 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 ofthe City Council at its regular meeting held on the ¡:;'4 ð-f'f rf- ' 2005. / 6 -r~ day of COUNCIL MEMBER SHAUN WARDLE VOTED !Jav COUNCIL MEMBER CHRISTINE DONNELL VOTED ~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED 1Ib~ COUNCIL MEMBER KEITH BIRD VOTED ~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: \" \III II ,,\' oF ~/III ",".t"" I"""" " _\.' "" .$ V'r~ "/... g ~. '~ð % ~ - SEAL \ ~ ~. ,rf..o f ~ ?)"~ì 151. ~ $' ~ "7!f C~ ,,~ ~ '" ,'::- . "" " 1"1 . \,\ III ", III/IlIlIn\\\' - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-O5-008 - PAGE 3 of4 Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: jlVt ¡l >J:1h Q I ¡v-- City Clerk's Office Dated: ð'-\1 - OS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-O5-008 - PAGE 4 of 4 EXHIBIT A Meridian High School AZ-O5-025 Legal Description FOX Land Surveys, Inc. 48Ø6 OverI8IMI Rd. 8TE 182 ~ liaise IdaIIo å 837011 ~ 208 142 795'7 å~7437 FAX MERIDIAN HIGH SCHOOL ANNEXATION DESCRIPTION A PORTION OF SEC11ON 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, 8oIsE MERIDIAN, CITY OF MERIDfAN, ADA CoUNlY, IDAHo . A portion of Section ii, Township 3 North, Range 1 West, Boise Meridian. City of Meridian, Ada County, Idaho, more partia.dar1y c:Jescribed as follows; Commencing at the found Aluminum Cap Monument marking the East X Comer of said Section ii, from which the found Brass Cap Monument mandng the Center thereof bears North 89"11'16. West, a distance of 2,655.19 feet; . thence along the East-West Center line of said Section 11, North 89°11'16" West, a distance of 1,326.35 feet to a point; thence leaving said Center line, North 00"42'18. East (formerly North 00"02' East), a distance of 264.28 feet (formerly 265.20 feet) to the TRUE POINT OF BEGINNING; thence North 89°19'15. West (formerly South 89°30' West), a distance of 152.90 feet (formerty 153.60 feet) to a found % inch rebar with no cap; thence North 76°45'09" West (fonnerJy North 77°39/ West), a distance of 94.55 feet (formerly 95~ 1 0 feet) to 8 found % inch rebar with no cap; thence North 83°30'55. West (formei1y North 84°33' West), a distance of 21 8.71 feet to a found % inch rebar with illegible plastic cap; thence along the Westerly boundary of ~ as described in Instrument Number 7913614 North 00°42'1 a- East (formerly ~ East), a distance of 566.25 feet more or less, to a point on the center line of an irrjgationdltch; thence along said center line the following courses and distances: South 72°25'43. East (formerly South 73°24'30" East), a distance of 88.70 feet (formerly 88.16 feet) more or less to a point; South 82°47' 13- East (formerly South 83°46' East), a distance of 69.43 feet (fonnerty 69.01 feet) more or less to 8 point; South 71 °56'43. East (formerly South 72°55'30" East), a distance of 44.49 feet (formerly 44.22 feet) more or less to a point; South 00"42'18" West (formerly South 00"02' West), a distance of 19.71 feet more or less to a found disturbed 518 Inch rebar; South 71 °48'20" East, a distance of 95.39 feet (formerly 96.12 feat) more or less to a point; South 64°31'20" East, a distance of 139.76 feet (formerly 140.82 feet) more or less to a point; South 81"08'20" East, a distance of 49.07 feet (formerly 49.44 feet) more or less to a found spike; Thence leaving said center line, South 00°42'18" West, a distance of 447.96 feet (former1y 445.54 feet) more or less to the TRUE POINT OF BEGINNING. Containing 238,277 square feet (5.470 acres), more or less. Subject to existing easements and rights-of-way as any may exist, of record or not of record . It is the intention of this description to include all of the property described in Warranty Deed Instrument Number 7913614. .!i~)'__J. ~~~ PLS 7612 TJF:IoIj w ~ nJ '-4)2j.n.nr~152' ~ END OF DESCRIPTION ~~1°1--~ q,,~ : ';\it ,I..I~IOIAN PUBLIC WORKS OEPT, I I I ~I -II I I I L_- 13 LINE LENGTH L1 152.90 L2 94,55 L3 218.71 L4 566,25 L5 88.70 L6 69.43 L7 44.49 La 19.71 L9 95.39 L10 139.76 L11 49.07 L12 447.96 I I /3 L;Z L1 N. j .I:' , a; .~. n::1i¡ - N TS- 0 œ: LEGEND - - - - ANNEXATION LINE - - - - - SECTION LINE ----- 1/4 SECTION LINE - - - TIE LINE S FOUND BRASS CAP S FOUND ALUMIMUM CAP Q FOUND PK NAIL fliI FOUND SPIKE 0 FOUND 1 /2- REBAR 0 FOUND 5/8Þ REBAR ð. CALCULATED POINT, NOTHING FOUND OR SET 525- SKETCH.DWG FOX LAND SURVEYS. INC. .. {1 1.1. ~ " ~ Q ~ i i ! ¡ ¡ i 1. / [!J r \,-,.._.._n_n_.._n...,u ! 1'.j..~l' /r.- ~ i "... "'.'r;l..."..'J ~, .. . . ¡ ,,/.-.!~ -11, : ~: I i' ~, ~: , i'!," ..:;1' I} II i j' 1\.1 B .. ; I J . I ',I' ¡ L'_.-_.._n_u_u_--_n-.J ~ i '.. -- ~;I; i' , .1, i: .. F"1ì t' .-. ; " ,I~i': III.~" I' ,+), ,'/' : ".. ' I ' '. . , . ¡ , ", I " Ii / j 'J': ", ! / j ,// "./ . / ------ (/ -- j,/ , / " ./ k - EXHIBIT B Meridian High School AZ-O5-025 Site Plan . ....' """'h...,...~............ """,."";"""".,,,~""'"""'.....,,' ". .,.......".,..,._,.,..":..",, <J' >- t>5~ jf~ ;,a"'-Q §~ I ~~i::;if¡<J' "'~:5ô¡,:~ ~~w.......,w,",~ c.. ~wz"":;!; Ei ",,¡g~i7;Ì ~uO"-:::> u ...",,~o 0",""" 0 ~I-_.,,-.....:EI- I i I!I I II! ! i 1 ~ã ~ I ~ EXHIBIT C Meridian High School AZ-O5-025 Site Specific Comments ANEXATION AND ZONING COMMENTS 1. The legal description submitted with the application appears to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits 2. The requested zoning ofR-4 is compatible with Meridian Comprehensive Plan. 3. The subject property is within the Urban Service Planning Area. Essential City services are or will be available to the subject property. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from 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. 5. Future development of this property as a High School shall be in compliance with City of Meridian development ordinances in place at the time of development. 6. The applicant shall be required to pay Public Works development plan review and construction inspections fees, as determined during the plan review process, prior to signature on the final plat per resolution 02-374. 7. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 8. Applicant shall be responsible for application and compliance with any NPDES Permitting that may be required by the Environmental Protection Agency. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved the Meridian City Engineer prior to final plat signature. 11. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord.557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 12. Sewer and water service are readily available to this site. The applicant shall be responsible to install all mains necessary to provide service, coordinate main sizing and routing with Public Works. EXHIBIT D Meridian High School AZ-O5-025 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. " Thefollowing 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 subject property is designated as "Public/Quasi Public" on the Future Land Use Map. City Council finds that the requested zoning designation, R-4, is appropriate for a public school use and therefore is harmonious with and in accordance with the adopted Comprehensive Plan and Future Land Use Map. The proposed use as a high school is a permitted use in the R-4 Zone, per the Zoning Schedule of Use Control in MCC 11-8-1. B. 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 properties include vacant rural properties, a church, and the existing high school campus. The subject is parcel is "landlocked" with no frontage or access on a public street. The land to the east has been developed as the existing high school campus and the inclusion of the subject parcel in that development is a reasonable expansion of the school property. The School District also owns a larger parcel immediately to the north of the subject property, which is planned for another future expansion of the campus, making the current proposal hannonious with the future character of the area. City Council finds that the requested zoning designation of R-4 for a high school will be harmonious with the existing and future developments. C, Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the H. 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 use (high school) will not change the existing or intended character of the area. See discussion under "B" above. D. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council finds that the proposed uses will not be hazardous or disturbing to future or existing neighbors. See discussion under "B" above. E. 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; City Council finds that the property to be annexed will be served adequately by all essential public facilities and services. F, 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; City Council finds that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. G. 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 does not anticipate that the proposed additions to the high school campus will create additional traffic in the general area. The existing high school has created traffic and this addition will not increase the volume of that traffic. City Council also finds that the proposed high school campus addition will not create excessive noise or other nuisances that would be detrimental to the general welfare of the surrounding area. 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 subject parcel does not have frontage on, or access to, any public street. The inclusion of the parcel in the high school campus is the only reasonable development of the property and will not create interference with traffic on surrounding streets. Please refer to ACHD report for specific traffic discussion and see discussion under "G" above. I, Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and City Council finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. J. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" City Council finds that the annexation of this property would be in the best interest of the City.