HomeMy WebLinkAboutTranquility Ponds RZ-00-009BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
02-00-01
IN THE MATTER OF THE
REQUEST FOR REZONE OF
APPROXIMATELY .25 ACRES FOR
PROPOSED TRANQUILITY
PONDS LOCATED ON THE
SOUTH SIDE OF FAIRVIEW
AVENUE, AT THE
INTERSECTION OF FAIRVIEW
AND E. Sm STREET, MERIDIAN,
IDAHO
JEFF AND HOLLY REID /
POTTER LAND SURVEYING,
Applicant.
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Case No.. RZ-00-oo9
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION FOR
REZONE
The above entitled matter on the rezoning application of.25 acres having come
on for public hearing on February 6, ~001, at the hour of 6:$0 o'clock p.m., and Council having
received the report Of Shari Stiles, Planning and Zoning Administrator, and she appeared and
testified, and no one appeared in opposition, and the Council having received the record of this
matter made before the Planning and Zoning Commission, and having received their
Recommendation to the City Council, and the City Council having duly considered the
evidence and the record in this matter therefore makes the following Findings of Fact and
Conclusions of Law, Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for rezoning was
published for two (2) consecutive weeks prior to said public hearing scheduled for February 6,
2001, before the City Council, the first publication appearing and written notice having been
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONENG OF .25 ACRES FROM R-8 TO C-G
BY~ JEFF AND HOLLY REID / POFI'I~R LAND SURVEYING / (RT. AX~09)
.1
mailed to property owners or purchasers of record within three hundred feet ($oo') of the
external boundaries of the property under consideration more than fifteen (15) days prior to
said hearing and with the notice of public hearing having been posted upon the property under
consideration more than one week before said hearing; and that copies of all notices were made
available to newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the February 6, t001, public
hearing; and the applicant, affected property owners, and government subdivisions providing
services within the planning jurisdiction of the City of Meridian, having been given full
opportunity to express comments and submit evidence.
There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-16-6 and 11-16-1.
$. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Meridian City Code Title 11 and Title 1~, and all current
zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December
gl, 199& Ordinance No. 6~,9 -- January % 199% and maps and the ordinance Establishing the
Impact Area Boundary.
The property is approximately .~5 acres in size. The property
is generally located on the south side of Fairview Avenue, at the intersection of Fairview and
E. sra Street, Meridian, Idaho and is described as follows:
A parcel of land being all of Lot 1, excluding a portion deeded to the State of
Idaho for highway purposes, of Chapin Subdivision No. ~, located in the
Northeast 1/'~ of the Northwest 1/'~ of Section 7, Township g North, Range 1
East, Boise Meridian, City of Meridian, Ada County, Idaho, being more
particularly described as follows:
BEGINNING at the southwest corner of Lot 1, said point being common to
Lots 1 and ~; thence along the common line on Lots 1 and g, North 00007'00"
FIND1NGS OF FACT AND CONCLUSIONS OF L~W
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .25 ACRES FROM R-8 TO GG
BY: JEFF AND HOLLY REID / POTTER LAND SURVEYING / (RZ43OO09) - 2
East a distance of 159.75 feet to a point on the southerly right-of-way line of
Falrview Avenue; thence along said southerly right-of-way line, North
88°50'S5'' East a distance of 6~.0~ feet to a point on the westerly right-of-way
line of East s~ Street; thence leaving the southerly right-of-way line of Fairview
Avenue and along the westerly right-of-way line of East sa Street, South
00o07'00" West a distance of 1'~ 1.~ 1 feet; thence leaving the westerly right-of-
way line of East S~a Street and along the south boundary line of said Lot 1,
North 89050'00" West a distance of 6~.00 feet to THE POINT OF
BEGINNING.
Said parcel contains 8.990 square feet or 0.~ 1 acres, more or less.
Camas, Washington.
6.
7.
8.
9.
complex zoned R-I~o.
10.
11.
The owner of record of the subject property is Jeffand Holly Reid, of
The Applicant is Jeff and Holly Reid, Camas, Washington.
The property is presently zoned as R-8, and is vacant.
The Applicant requests the property be rezoned to C-G.
The proposed site is surrounded by commercial uses and an apartment
The subject property is within city limits of the City of Meridian.
The entire parcel of the property is included within the Meridian Urban
Service Planning Area.
1~. The Applicant proposes to develop the subject property in the following
manner: a retail home and garden development.
15. The Apphcant s requested rezonmg of the subject real prope ty as C-G is
consistent with the commercial designation on the Meridian Comprehensive Plan Generalized
Land Use Map which designates the subject property as Existing Urban.
1~. There are no significant or scenic features of major importance that affect
the consideration of this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .25 ACRES FROM R-8 TO C-G
BY: JEFF AND HOLLY REID / POI'I'I~R LAND SURVEYING / (RZ. O0,O09)
-3
15. In review of the application for rezone it is provided at Meridian
City Code § 11-15-1 lfor the General Standards that the Commission and Council review this
proposed zoning amendment and pursuant to the criteria of said section finds that:
15.1 The new zoning will be harmonious with and in accordance with
the Comprehensive Plan;
15.~ The area included in the zoning amendment is not intended to be
rezoned in the future;
15.$
The proposed use will 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,
subject to the conditions of the conditional use process;
15.zb
The proposed use will not be hazardous or disturbing to existing
or future neighboring uses, subject to the conditions of the
conditional use process;
15.5
The area will 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;
15.6
The use 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;
15.7
The use will 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;
15.8
The area will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic
on surrounding public streets;
15.9 The use will not result in the destruction, loss or damage of a
natural or scenic feature of major importance; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .25 ACRES FROM R-8 TO GG
BY: JEFF AND HOLLY REID / POI_'I~R LAND SURVEYING / (R7,004~09)
.4
15.10 The proposed zoning will be in the best interest of the City of
Meridian.
15.~ Staffconditions provide as follows:
Adopt the Recommendation of Planning and Zoning and Engineering staff as
follows:
15.£.1 Applicant shall be responsible for the extension of sewer and water
service lines in the site from the existing mains.
If rezoned to C-G, the subject lot would conform to minimum lot size
and frontage standards.
15.2.$ The Applicant shall submit a revised Concept Plan to meet ordinance
requirements.
15.2.`} Staff recommends that a Development Agreement not be required for
this application.
15.2.5
Any existing irrigation/drainage ditches crossing the property to be
included in this project shall be tiled per City Ordinance. The ditches to
be piped should be shown on the site plans with written confirmation of
said approval of irrigation district submitted to the Public Works
Department. No variances have been requested for tiling of any ditches
crossing this project.
15.c~.6
Any existing domestic wells and/or septic systems within this project
will have to be removed from their domestic service per City Ordinance.
Wells may be used for non-domestic purposes such as landscape
irrigation.
15.2.7 Provide five-foot-wide sidewalks in accordance with City Ordinance
(Ord. 12-5-~.K).
15.~.8 All construction shall conform to the requirements of the Americans
with Disabilities Act.
15.¢~.9
Assessment fees for water and sewer service are determined during the
building plan review process. Applicant shall be required to enter into a
Re-Assessment Agreement with the City of Meridian for all commercial
uses.
Adopt the Recommendations of the Ada County Highway District as follows:
15.~.lODedicate St.-feet of right-of-way (approximately '}-feet additional) from
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .25 ACRES FROM R..8 TO C.G
BY: JEFF AND HOLLY REID / POfl'k;R LAND SURVEYING / (RTA)O4309)
-5
the centerline of Fairview Avenue abutting the parcel by means of
recordation of a final subdivision plat or execution of a warranty deed
prior to issuance of a building permit (or other required permits),
whichever occurs first.
15.t. 11Applicant shall construct a five-foot wide concrete sidewalk on
Falrview Avenue abutting the parcel. Coordinate the location
elevation with District staff.
and
15.~.leDirect access to Fairview Avenue shall be prohibited, as the applicant
has ample frontage on Third Street for a reasonable access.
15.~. 115Applicant shall locate any driveways on Th/rd Street a minimum of 50-
feet south of Fairview Avenue. The driveways shall be paved to their
full-required width to a point so-feet beyond the edge of pavement.
15.~. l~Any existing driveways on Fairview Avenue shall be closed.
15.g.15Applicant shall construct curb, gutter, and five-foot wide concrete
sidewalk on East Th/rd Street to match the existing improvements to
the south.
15.~.16As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
CONCLUSIONS OF LAW
1. The Council may take judicial notice of government ordinances,
and policies, and of actual conditions existing within the City and State.
The City of Meridian has exercised its authority and
responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65,
Title 67, Idaho Code by the adoption of Comprehensive Plan City of Meridian adopted
December 21, 19915, Ord. No. 6~g9, January ~, 1994~.
$. The requested zoning of General Retail and Service Commercial
District, (C-G) is defined in the Zoning Ordinance at 11-7-~/K as follows:
(C-E) General Retail and Service CommerciM DisVlcv The purpose of the
G-G District is to provide for commercial uses which are customarily operated
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .25 ACRKS FROM R-8 TO GG
BY: JEFF AND HOLLY REID / POfI~R LAND SURVEYING / (RTX)04~09)
-6
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.
Idaho Code § 6'7-6511 provides and requires that the City
shall establish by ordinance one or more zones or zoning districts in accordance with the
adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended
with particular consideration given to the effects of any proposed zone change upon the
delivery of services by any political subdivision providing public services, including school
districts, within the City's planning jurisdiction and that it is in conformance with the
Comprehensive Plan.
5. Idaho Code § 67-651 lA provides:
Each governing board may, by ordinance adopted or amended in accordance
with the notice and hearing provisions provided under section 67-6509, Idaho
Code, require or permit as a condition of rezoning that an owner or developer
make a written commitment concerning the use or development of the subject
parcel. The governing board shall adopt ordinance provisions governing the
creation, form, recording, modification, enforcement and termination of
conditional commitments.
6. The City of Meridian by the adoption of Meridian City Code §
11-15-1~ has exercised its authority to require or permit as a condition of rezoning that an
owner or developer make a written commitment concerning the use or development of the
subject property.
7. § 11-6-! ZONING DISTRICT MAP provides in part as
follows:
The districts established in this Ordinance as shown on the
Official Zoning Map, together with all explanatory matter thereon, are hereby
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF At'I-ROVAL OF
REZON1NG OF .25 ACRES FROM R-8 TO GO
BY~ JEFF AND HOLLY REID / POITIZR I.AND SURVEYING / (RT_A)04309)
~7
adopted as part of this Ordinance. Where uncertainty exists with respect to the
boundaries of any of the zoning districts as shown on the Official Zoning Map,
the following shall apply:
7.1
Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of-way lines,
streams, lakes or other bodies of water, the centerline shall be construed
to be such boundary;
Where district boundaries are so indicated that they approximately
follow the lot lines, such lot lines shall be construed to be said
boundaries;
Where district boundaries are so indicated that they are approximately
parallel to the centedines or street lines of streets, or the centerlines or
right-of-way lines of highways, such district boundaries shall be
construed as being parallel thereto and at such distance therefrom as
indicated on the Official Zoning Map. If no distance is given, such
dimensions shall be determined by the use of the scale shown on the
Official Zoning Map; and
Where the boundary of a district follows a railroad line, such boundary
shall be deemed to be located in the middle of the main tracks of said
railroad line.
8. § 11-15-1 lof the Meridian City Code GENERAL STANDARDS
APPLICABLE TO ZONING AMENDMENTS provides in part as follows:
The Commission and Council shall review the particular facts and circumstances
of each proposed zoning amendment in terms of the following standards and
shall fmd adequate evidence answering the following questions about the
proposed zoning amendment:
8.1
The new zoning will be harmonious with and in accordance with the
Comprehensive Plan.
8.~ The area is not intended to be rezoned in the future.
The area is intended to be developed in the fashion that is allowed under
the new zoning.
There has been no change in the area or adjacent areas which would
dictate the area should be rezoned.
8.5 The proposed uses will be designed, constructed, operated and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .25 ACRES FROM R-8 TO C.43
BY: JEFF AND HOLLY REID / POI'I I~R LAND SURVEYING
.8
8.6
8.7
8.8
8.9
8.10
8.11
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;
The proposed uses will not be hazardous or disturbing to existing or
future neighboring uses;
The area will 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;
The use 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 proposed uses will 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;
The area will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding
public streets;
The use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
The proposed zoning amendment is in the best interest of the City of
Meridian.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN
ADOPTED, the City Council does hereby Order and this does Order:
1. The Applicant's request for rezone of approximately .~5 acres
for construction and development of a retail home and garden development is granted, subject
to the terms and conditions of this Order hereinafter stated; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .25 ACRES FROM R-8 TO GG
BY: JEFF AND HOLLY REID / POITI~R LAND SURVEYING / ~9)
-9
The following special terms and conditions of use and
development relate to this application to-wit:
Adopt the Recommendation of Planning and Zoning and Engineering staft as
follows:
Applicant shall be responsible for the extension of sewer and water
service lines in the site from the existing mains.
Ifrezoned to C-G, the subject lot would conform to minimum lot size
and frontage standards.
The Applicant shall submit a revised Concept Plan to meet ordinance
requirements.
Staffrecommends that a Development Agreement not be required for
this application.
Any existing irrigation/drainage ditches crossing the property to be
included in this project shall be tiled per City Ordinance. The ditches to
be piped should be shown on the site plans with written confirmation of
said approval of irrigation district submitted to the Public Works
Department. No variances have been requested for thing of any ditches
crossing this project.
Any existing domestic wells and/or septic systems within this project
will have to be removed from their domestic service per City Ordinance.
Wells may be used for non-domestic purposes such as landscape
irrigation.
Provide five-foot-wide sidewalks in accordance with City Ordinance
(Ord. l~-5-~.K).
All construction shall conform to the requirements of the Americans
with Disabilities Act.
Assessment fees for water and sewer service are determined during the
building plan review process. Applicant shall be required to enter into a
Re-Assessment Agreement with the City of Meridian for all commercial
uses.
Adopt the Recommendations of the Ada County Highway District as follows:
*2.10 Dedicate 5~-feet of right-of-way (approximately '}-feet additional) from
the centerline of Fairview Avenue abutting the parcel by means of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZON1NG OF .25 ACRES FROM R-8 TO GG
BY: JEFF AND HOLLY REID / POClTE. R LAND SURVEYING / (RZ. O0-009)
-10
fLl$
fl. lZk
2.15
recordation of a final subdivision plat or execution of a warranty deed
prior to issuance of a building permit (or other required permits),
whichever occurs first.
Applicant shall construct a five-foot wide concrete sidewalk on
Fairview Avenue abutting the parcel. Coordinate the location
elevation with District staff.
and
Direct access to Falrview Avenue shall be prohibited, as the applicant
has ample frontage on Third Street for a reasonable access.
Applicant shall locate any driveways on Third Street a minimum of 50-
feet south of Fairview Avenue. The driveways shall be paved to their
full-required width to a point so-feet beyond the edge of pavement.
Any existing driveways on Fairview Avenue shall be closed.
Applicant shall construct curb, gutter, and five-foot wide concrete
sidewalk on East Third Street to match the existing improvements to
the south.
As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
$. The City Attorney shall prepare for consideration by the
City Council the appropriate ordinance for the re-designation of the zoning for the real
property which is the subject of the application to (C-G) General Retail and Service
Commercial District (Meridian City Code § 1 1-7-~ K) which ordinance shall be considered for
passage.
Subsequent to the passage of the Ordinance, provided for in
Section e of this Order, the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code §
11-~ 1-1 in accordance with the provisions of the rezoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .25 ACI1.ES FROM R-8 TO GG
BY: JEFF AND HOLLY REID / PO trI'[~( Id~TD SURVEYING / (RZ4304309) ' 11
Meridian, pursuant to Idaho Code § 67-65~1. 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
rezoning may, within twenty-eight (~8) days after the date of this decision and order, seek a
judicial review as provided by Chapter $~, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on~/~P~ ~9 ~'~,~-~
ROLL CALL
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
VOTED_~
VOTED
VOTED_~
VOTED_~____
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: 2 ~'~ -- 0 [
VOTED
MOTION: ~
APPRO DISAPPROVED: __
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and the City Attorney.
Dated:
FINDllqGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .25 ACRES FROM R~8 TO C43
BY: JEFF AND HOLLY REID / POI'I P_.;R LAND SLrRVEYING / (RZ, O0.O09)
.12
City Clerk
msg/Z:\Work\M\Meridian\Meridian 15$60M\Tranquility Pond RZoOg\FfsClsOrderREZ
FllqDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF .25 ACRES FROM R-8 TO GG
BY: JEFF AND HOLLY REID / POft'gR LAND SIJRVEYING / (R/.,O0.O09)
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