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Home My WebLink AboutSubway RZ 02-001 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CI C 08/06/02 IN THE MATTER OF THE ) REQUEST FOR REZONE OF ) APPROXIMATELY 0.97 ACRES ) FOR PROPOSED SUBWAY ) SANDWICH SHOP AND FUTURE ) OFFICE/RETAIL BUILDING ) LOCATED AT THE NORTHEAST ) CORNER OF MAGIC VIEW DRIVE ) AND ALLEN STREET, MERIDIAN, ) IDAHO ) ) BLAINE AND CYNTIDA JACOBSON, ) Applicant. ) Case No: RZ-02-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER DENYING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 0.97 acres having come on for public hearing on August 6, 2002, at the hour of7:00 o'clock p.m., and Council having received the report of David McKinnon Planner for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, and Brad Hawkins-Clark of the Planning and Zoning Department, Cornell Larsen, Mark Bowen, and Jared Child, appeared and testified, and the Council having received the record ofthis 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 August 6, 2002, before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING THE REZONING OF 0.97 ACRES FOR SUBWAY - OFFICEIRETAIL BLDG. BY: BLAINE AND CYNTHIA JACOBSON - (RZ-02-00l) -1 the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') 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 August 6, 2002, 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. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 - January 4, 1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 0.97 acres in size. The property is generally located at the northeast corner of Magic View Drive and Allen Street, in Meridian, Idaho, and is described in the legal on file with the City Clerk's Office. 5. The owner of record of the subject property is Magic View Partners, an Idaho General Partnership, P.O. Box 8204, Boise, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING THE REZONING OF 0.97 ACRES FOR SUBWAY - OFFICE/RETAIL BLDG. BY: BLAINE AND CYNTHIA JACOBSON - (RZ-02-00I) -2 6. The Applicants are Blaine and Cynthia Jacobson, 2233 Blue Stern Lane, Boise, Idaho. 7. The property is presently zoned as L-O, and is vacant. 8. The Applicant requests the property be rezoned to General Retail and Service Commercial (C-G). 9. The proposed site is bordered on the north by two vacant parcels of land, to the south by Jackson's Texaco Gas and Convenience Store, to the east by a Chevron Gas and Convenience Store, and to the west by Lincoln Plaza. The site is located at the intersection of Magic View and S. Allen Street, approximately 1000 feet west of Eagle Road. 10. The subject property is within the city limits ofthe City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: to build a 1,743 sq. ft. Subway sandwich shop to include a single-window drive-thru, and a future officelretail building of approximately 5,840 sq. ft. 13. The Applicant's requested rezoning of the subject real property as CoG is consistent with the designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned Use Development. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. The applicant is pursuing a CoG zoning for their Subway sandwich shop so that they would have the ability to have signs larger than those allowed in an L-O zone. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING THE REZONING OF 0.97 ACRES FOR SUBWAY - OFFICE/RETAIL BLDG. BY: BLAINE AND CYNTHIA JACOBSON - (RZ-02-001) - 3 development agreement previously entered into for the property only allows for L-O zoning. 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. 2. 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, 1993, Ord. No. 629, January 4, 1994. 3. The requested zoning of General Retail and Service Commercial District, (C-G) is defined in the Zoning Ordinance at 11-7-2 K as follows: (C-G) General Retail and Service Commercial District: The purpose of the CoG 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. 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 0.97 acres to build a 1,743 sq. ft. Subway sandwich shop to include a single-window drive-thru, and a future office/retail building of approximately 5,840 sq. ft., is hereby denied as the requested FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING THE REZONING OF 0.97 ACRES FOR SUBWAY - OFFICE/RETAIL BLDG. BY: BLAINE AND CYNTHIA JACOBSON. (RZ-02-00l) -4 zoning designation is incompatible with the existing development agreement. NOTICE OF FINAL ACTION Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code S 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 rezoning 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. By action of the City Council at its regular meeting held on ~Jf- ;?t:Jr:- 2002. ROLLCALL COUNCILMAN KEITH BIRD VOTED ~ VOTED ~ COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED~ COUNCILMAN WM. L.M. NARY VOTED~ MAYOR ROBERT CORRIE (TIE BREAKER) DATED: f!3 --- Zt? -0 2,- VOTED - MOTION: APPROVED:k).J - DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING THE REZONING OF 0.97 ACRES FOR SUBWAY - OFFICE/RETAIL BLDG. BY: BLAINE AND CYNTHIA JACOBSON - (RZ-02-001) - 5 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By:Jft/A~~~~(~. City Clerk' P' Dated: $' t3,.-(}Z- ~, B,tI:l,y, "/'J;;'~JJ;1,.Lr Z:\Work\M\Meridian\Meridian 15360M\Subway RZ02-001 Denial Findings\FfsClsOrderDenyingREZ.doc - ", __ v-::\ ... % i(; \.,>~'jt .,".";, / ~... "'~"',I ~ C~O. --':.:::"-:"-"."~~\j"(' .,,~-" ....". - l 1..".....'.1 it\. ,\\." /.., ,( ,'l'f ~ , . _ \ \\" Ii 1/; J , " 1" : ~ \ \ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING THE REZONING OF 0.97 ACRES FOR SUBWAY - OFFICEIRETAIL BLDG. BY: BLAINE AND CYNTHIA JACOBSON - (RZ-02-00l) -6