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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a request to Rezone 71.24 acres from I-L (Light Industrial) to C-G
(General Service and Retail Commercial), by City of Meridian.
Case No(s): RZ- 05-018
For the City Council Hearing Date of: October 11, 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 October 11, 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
ofthe 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-Q5-018 - PAGE 1 00
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 there are several property owners of record at the time of issuance of
these findings.
4. Required Findings per Zoning and Subdivision Ordinance
a.
a.
See Exhibit A 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 Plam1Îng 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 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 ifthe 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 and the Site Specific
and Standard Comments in Exhibit A. 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 A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER
CASE NO(S). RZ-O5-Q18 - PAGE 2 00
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.
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:
Staff Report
By action of the City Council at its regular meeting held on the
,2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED
COUNCIL MEMBER CHRISTINE DONNELL
VOTED
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Mayor Tammy de Weerd
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
and City Attorney.
By:
City Clerk's Office
Dated:
CITY Of MERIDIAN fINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-QS-QJ 8 - PAGE 3 00
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
STAFF REPORT
City Council Hearing
Hearing Date: 10/] 1/2005
Mayor, City Council
Josh Wilson, Associate City Planner
Meridian Crossroads/Presidential/Reagan Rezone
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. RZ-05-018
Rezone of 71.24 Acres from I-L to C-G
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, the City of Meridian, has applied for a rezone (RZ) of 71.24 acres from I-L (Light
Industrial) to C-G (Genera] Service and Retai] Commercial). The site is located at the southeast comer of
N. Eagle Road and E. Fairview Avenue. This site is currently a commercia] development with retail
stores, restaurants, and vacant land for future commercial development. Portions of the site have been
previously platted as Presidential and Reagan Subdivisions and portions ofthe site have not been platted.
2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the
item on September 15, 2005. At the public hearing they moved to recommend approval.
a.Summary of Pub He Hearing:
i. In favor: Andy Simons.
11. In opposition: None.
111. Commenting: None.
IV. Staff presenting application: Josh Wilson.
v. Other staff commenting on application: None.
b.Key Issues of Discussion by Commission:
i. None.
c. Key Commission Changes to Staff Recommendation:
i. None.
d.Outstanding Issue(s) for City Council:
1. None.
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
SE comer ofN. Eag]e Rd. and E. Fairview, from Pine Avenue to Records Street
3NIE9
b. Owner: NA
c. Applicant:
City of Meridian
33 E. Idaho Street
Meridian, Idaho, 83642
d. Representative: N/ A
e. Present Zoning: IpL
f. Present Comprehensive Plan Designation: Commercial
<File Numbers To Be Added By Planner>
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
g. Applicant's Statement/Justification (from the submittal material):
In early 1991, the subject property received approval from the City of Meridian for a Planned
General Development (PD-G), which allowed a mix of commercial and industrial uses on the
east and west sides of Eagle Road, south of Fairview Avenue. The properties on the west side
of Eagle Road have, for the most part, developed as industrial properties under the PD-G. The
properties on the east side have conversely developed in a strictly commercial nature and
contain uses which are more congruent with a commercial zone. The proposed zoning
amendment is desirable because the 2002 Comprehensive Plan has since detennined that the
appropriate development on the subject property is "Commercial", which is defined as: "a full
range of commercial and retail to serve area residents and visitors. Uses may include retail,
wholesale, service and office uses, multi-family residential, as well as appropriate public uses
such as government offices. Rezoning the property from I-L to C-G (General Retail and
Service Commercial) wiJ) align the zoning with the current and intended character of the area.
The necessity of the zoning amendment revolves around the fact that the current zoning is
incongruent with the current and intended character of the area. The proposed zoning
amendment will be harmonious with the adjacent properties which have already, or are
anticipated to develop with uses similar to those allowed in the C-G zone.
4. PROCESS FACTS
a. The subject application will in fact constitute an annexation and/or rezone as determined by
City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a
public hearing is required before the City Council on this matter.
b. Newspaper notifications published on: August 29, 2005 and September 12,2005 for Planning
& Zoning Commission meeting, and September 19, 2005 and October 3,2005 for City
Council meeting.
c. Radius notices mailed to properties within 300 feet on: August 19, 2005 for Planning and
Zoning Commission meeting, and September 16, 2005 for City Council meeting
d. Applicant posted notice on site by: August 30, 2005 for Planning & Zoning meeting, and
October 1, 2005 for City Council meeting.
S. LAND USE
a. Existing Land Use(s): Shopping Center with retail stores and restaurants, and vacant land
b. Description of Character of Surrounding Area: Commercial, residential and office properties
c. Adjacent Land Use and Zoning
1. North: Vacant land, zoned RUT (Ada County)
2. East:
3. South:
Crossroads Subdivision, zoned R-4 and commercial properties, zoned C-c.
Crossroads Subdivision, zoned R-4 and vacant lands, zoned I-L.
Commercial properties, zoned I-L.
4. West:
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer:
Existing to buildings.
Existing to buildings.
Location of water:
<File Numbers To Be Added By Planner>
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Issues or concerns:
No concerns.
2. Vegetation: Mature landscaping around businesses.
3. Flood plain: NA
4. Canals/Ditches Jrrigation: None on site.
5. Hazards: None on site.
6. Proposed Zoning:
7. Size of Property: 71.24 acres
C-G
8. Description of Use:
Commercial
1. Proposed and Required Non-Residential Setbacks:
C-G
Setbacks Required
Street front 15
Street side 0
Side 0
Rear 0
Frontage 0
Maximum height 40'
Maximum coverage 70%
m. Summary of Proposed Streets and/or Access (private, pubJic, common drive, etc.):
There are existing accesses to the site from Pine Avenue, Eagle Road and Fairview Avenue.
No new accesses are proposed with the appJication and any new accesses in the future must be approved
by the Idaho Transportation Department and ACHD.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated on the Comprehensive Plan Future Land Use Map as "Commercial".
The Comprehensive Plan defines Commercial as: "This designation will provide a full range of
commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and
office uses, multi-family residential, as well as appropriate pubJic uses such as government offices.
Within this land use category, specific zones may be created to focus commercial activities unique to their
locations. These zones may include neighborhood commercial uses focusing on speciaJized service for
residential areas adjacent to that zone."
The following Comprehensive Plan poJicies support the proposal (with staff analysis in italics):
Designate land areas for variety of use (high density, low density, residential,
commercial, industrial, etc.) by adopting the Future Land Use Map (Chapter VII. Goal II,
Objective A, Action 4).
The Future Land Use Map designates the subject property as Commercial. The current
designation as Light Industrial is consistent with the Future Land Use Map.
.
.
Amend the zoning ordinance and map to implement the provisions of this plan (Chapter
VII, Goal II, Objective A, Action 5).
<File Numbers To Be Added By Planner>
PAGE 3
CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
The current zoning of the property as Light Industrial is nut consistent with the current and
intended use of the property or the Future Land Use Map.
8. ZONING ORDINANCE
a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists retail and restaurants as
permitted uses in the C-G zoning district.
b. Purpose Statement of Zone: C-G General Retail And Service Commercial District: The
purpose of the C-G district is to provide for commercial uses which are customarily operated
entirely or almost entirely within a building; to provide for a review of the impact of proposed
commercial uses which are auto and service oriented and are located in close proximity to
major highway or arterial streets; to fulfill the need of travel-related services as well as retail
sales for the transient and permanent motoring public. All such districts shall be connected to
the municipal water and sewer systems of the city, and shall not constitute strip commercial
development and encourage clustering of commercial development.
9. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
1. RZ Application: Staff finds that the proposed zoning amendment is in the best interest of the
city because the 2002 Comprehensive Plan designates the subject property as "Commercial",
which is defined as: "a full range of commercial and retail to serve area residents and visitors.
Uses may include retail, wholesale, service and office uses, multi-family residential, as well as
appropriate public uses such as government offices." Rezoning the property from I-L to C-G
(General Retail and Service Commercial) will align the zoning with the current and intended
character of the area. The necessity of the zoning amendment revolves around the fact that the
current zoning is incongruent with the current and intended character of the area. The
proposed zoning amendment will be harmonious with the adjacent properties which have
already, or are anticipated to develop with uses similar to those allowed in the C~G zone.
10. PROPOSED MOTION
Approve
I move to approve File Number RZM05-018 as presented in the staff report for the hearing date of
September 15,2005 with the following modifications to the conditions of approval: (add any proposed
modifications)
Deny
I move to deny File Number RZ-05-018 as presented in the staff report for the hearing date of
September 15,2005 for the folJowing reasons: (you must state specific reasons for denial. They should
address how the applicant might re-do the application to gain your recommendation for approval.)
11. EXHffiITS
A. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
<File Numbers To Be Added By Planner>
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
7. Ada County Highway District
B. Legal Description
C. Required Findings from Zoning Ordinance
<File Numbers To Be Added By Planner>
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
A. Conditions of Approval
1. Plmming Department
None.
2. Public Works Department
None.
3. Fire Department
None.
4. PoJice Department
None.
5. Parks Department
None.
6. Sanitary Service Company
None.
7. Ada County Highway District
None.
A- 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
C. Legal Description
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RE-ZONE BOUNDARY DESCRIPTION
f"OR
THE CITY OF MEIUDlAN, ADA COUNTY, IDAHO
A parcel located in tbe NW Y.. of Section 9, Township 3 North, Range 1 East, Boise Meridian,
Ada County, Idaho, more particularly described as follows:
BEGINNING at a brass cap monument marking the northwesterly comer of said NW ~:; [rom
wbich a 5/8 inch diameter iron pin marking the northeasterly comer of said NW Y.. bears
S 89°22' 10" E a distance of 2659.63 feet;
Thence S 89°22" 1 0" E along the northerly boundary of said NW y.. a distance of2023.49 tèelto
a point on the ceoterline of Records Aveoue;
Thence along said centerline the following described course~:
Thence leaving ~aid northerly bOlmdary S 0°25'00" W a distance of 741.14 feet to a
point;
Thence a disttU1CC of 72,37 feet along the arc of a 171.75 foot radius curve len, said
curve having a central angle of 24008')3" and a long chord bearing S 110)9' 17" E a
distance of 71.84 feet to a point;
Thence a distance of 73.65 (eet along the arc of a 203.61 foot radius curve right, said
curve having a central angle of 20043 '27" and a long chord bearing S 13 °2 J '49" E a
distance of73.25 feet to a point;
Thence leaving said centerline N 89°35'00" W a distance of 1049.60 feet to a point;
Thence S 1008'45" W a distance of 62.50 feet to a point;
Thence N 88051'15'" Wa distance 0£287.81 feet to a point;
Thence S 1008'45" W II distance of 1073.50 feet to a point on the southerly boundary of said
NWY..;
Thence N 89020'42" W a distance of729.77 feet to a brass cap marking the southwester1¥ comer
of said NW Y..;
Thence N 1008'42" E a distance of 2649.45 feet to the POINT OF BEGINNING.
This parcel contains 71 .24 acres.
Prepared by; Glenn K. Bennett, fiLS
Civil Survey Consultanls, incOlporated
June 15, 2005
/
c -]
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533
SKETCH TO ACCOJIPANY DESCRIPTION FOR THE
CITY OF JIER/J}/AN BE-ZONE OF A PART OF THE Jœ 1/4 OF
SECTION 9. TO1fNSHIP 3 NORTH, RANGE 1 EAST. BOISE MERIDIAN;
ADA COUNTY, IDAHO.
POINT OF
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D - 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
D. Required Findings from Zoning Ordinance
1. Annexation and Zoning Findings:
The commission and council shan review the particular facts and circumstances of each proposed zoning
amendment in terms of the following standards and shaH find adequate evidence answering the following
questions about the proposed zoning amendment:
The following is the list of standardsfound in 11-15-11 and analysis by stafr
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;
See Comprehensive Plans and Policies as listed in staff report item #7 above. City Council
supports the zoning and finds the proposal is in accordance with the Comprehensive Plan.
B.
Is the area included in the zoning amendment intended to be rezoned in the future;
City Council does not anticipate that the apphcant intends to rezone the subject property in the
future.
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 the property has developed in a fashion which is incongruent with the
current zoning and that the proposed rezone would align the zoning of the property with current
and intended nature of the property. The current use of the property as a shopping center with
retail stores and restaurants is consistent with aUowed uses in the proposed zone.
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;
City Council [rods that the current use of the property as a shopping center with retail stores and
restaurants is consistent with aUowed uses in the proposed zone and is of a nature that is
consistent with current and anticipated surrounding development.
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 CounciJ beheves that the existing parcels in the area have already developed in a nature that
is harmonious and appropriate to the proposed zone. City Council also [rods that the proposed
zoning and the associated uses can be designed and constructed in a manner that wiJl be
hannonious with, and appropriate in appearance with, the existing and intended character of the
surrounding area. City CounciJ does not [rod that the proposed zoning/uses will adversely change
the essential character of area.
Will the proposed uses not be hazardous or disturbing to existing or future neighboring
uses;
K.
L.
D- 2
CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
City Council does not anticipate that the proposed rezone will be hazardous as long as the
remaining vacant lands are developed in a maImer consistent with City Code.
G.
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 public services listed above currently exist on the site and are
available to accommodate any future 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;
The primary public costs to serve the future developments 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.
I.
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 the existing and anticipated uses on this site will not involve uses that will
create nuisances that would be detrimental to the general welfare of the surrounding area. City
Council does not anticipate the proposed rezone and subsequent uses will create excessive traffic,
noise, smoke, fumes, glare, or odors.
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;
There are existing accesses to the site from Pine Avenue, Eagle Road and Fairview Avenue. No
new accesses are proposed with the application and any new accesses in the future must be
approved by the Idaho Transportation Department and ACHD.
Will not result in the destruction, loss or damage of a natural or scenic feature of major
importance; and
City Council finds that the proposed rezone will not result in the destruction, loss or damage of
any natural feature(s) of major importance if developed under these conditions.
Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,
11-17-1992)?
The C-G zoning amendment will align the zoning of the property with the current and intended
nature of development on the property. City Council finds that aU essential services are available
or will be provided by the developer to the subject property and will not require unreasonable
CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
expenditure of public funds. In accordance with the findings listed above, City Council finds that
rezoninlr this propertv would be in the best interest of the City.
D - 3