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HomeMy WebLinkAboutCC - Findings City Council February 15 , 2002 RZ 01 -007 MERIDIAN CITY COUNCIL MEETING February 19 , 2002 APPLICANT Hubble Engineering ITEM NO . 3— REQUEST Findings -- Request for a Rezone of 3 .35 acres from R-8 to C-G zones for Sol C . Yuan -- 725 East Fairview Avenue AGENCY COMMENTS CITY CLERK. CITY ENGINEER . CITY PLANNING DIRECTOR : CITY ATTORNEY See attached Findings CITY POLICE DEPT : CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT. MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE : ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH : NAMPA MERIDIAN IRRIGATION : SETTLERS IRRIGATION : IDAHO POWER : US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION : OTHER : Contacted : rLd INPAa Date : "/S � 7i Phone: C3.0��— � INV Mate als presented at public meetings shall become property of the City of Meridian. WHITE PETERSON WHITE, PETERSON , MORROW, GIGRAY, ROSSMAN , NYE & ROSSMAN , P. A . ATTORNEYS AT LAW KEvIN E. DINIUS CHRISTOPHER S . NYE 200 EAST CARLTON AVENUE , SUITE 31 NAMPA OFFICE JULIE KLEIN FISCHER PHILIP A. PETERSON POST OFFICE BOX 1150 CANYON PARK AT THE IDAHO CENTER Wm . E GIORAY, III ERICA S. PHILLIPS MERIDIAN , IDAHO 83680 - 1150 5700 EAST FRANKLIN ROAD, SUITE 200 D. SAMUEL JOHNSON ERIC S. ROSSMAN TEL ( 208 ) 28& 2499 NAMPA, IDAHO 83687 .8402 JILLA S. D. MOS TODD A. R WARTL FAX ( 208 ) 288 . 2501 FAX ( 208) 466-4405 LARRY D. MOORE DAVID M . SWARTLEY WILLIAM A. MORROW TERRENCE R. WHITE " WILLIAM E NICHOLS* NICHOLAS L. WOLLEN "ALSO ADMITTED IN OR PLEASE REPLY TO "ALSO ADMITTED IN WA MERIDIAN OFFICE RECEIVED February 13 , 2002 FEB ' 4 2002 City Of Meridian William G . Berg , Jr . , City Cleric City Clerk Office MERIDIAN CITY HALL 33 East Idaho Meridian , Idaho 83642 Re : SOL C . YAUN / REZONE FINDINGS AND RZ ORDINANCE/ CERTIFICATION OF CLERIC / SUMMARY ORDIANNCE / AND SUMMARY COVER LETTER / RZ- O 1 = 007 Dear Will : Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR REZONE prepared as per instructions from the Council meeting of February 5 , 2002 , and which are on the agenda for February 19 , 2002 . Also , please find enclosed the above Ordinance and the Certification of the Cleric for the rezone . After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda . This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Rezone are adopted. Additionally , I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full rezone ordinance is presented to Council for approval . If you have any questions arise , please advise . Very truly yours , Wm . F . Nichols Z:\Work\M\Meridian\Meridian 15360M\Sol C. Yaun RZOI -00AFFCL and OrdinanceC1021302 . doc s WHITE PETERSON WHITE, PEIEMON, MORROW, GIGRAY, RossmAN, NYE & RossmAN, P . A . KEVIN E, DRM PHm iP A. PmEEsaN ATTORNEYS AT LAW NAMPA OFFICE JvLm KLE>N FiscHER ERICA S. PHR.Lms 5700 R. YRANxim TEL. RD. erns. 200 WM. F. GIGRAY, TH Ewc S. RossMAx 208) 466-9272 830 E, FIRST ST., SUITE 200 NAIvIPA T. GUY HALLAM* ToDD A. RossMAx , IDAHO 83687-8402 D. SAM EL JOHNSON DAvID M. SwARTI.EY POST OFFICE BOXI 150 ( FAX (208) 466 4405 LARRY D. MOORS PAMELA J. TARLOW MERIDIAN, IDAHO 836804150 WE.LIAM A. MORROW TERRENCE R. WErrs** WILLIAM F, NICHOLS* NICHOLAS L. WOLLEN PLEASE REPLY TO CHRL4'mPHERS. NYE TEL (208) 288-2499 FAx (208) 288*2501 FrMAiL: Dms@whitVeterson.com MERIDIAN OFFICE *Also admitted in OR ** Also admitted in WA January 18 , 2002 To : Staff Applicant Affected Property Owner( s ) Re: Application Case No . RZa0I =007 Yuan FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner( s) : Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council . The City Council strongly recommends : 1 . That you take time to carefully review the Findin s and Recommendations of the Planning and Zoning Commission , and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission ; and 2 . That you carefullyy. complete (be sure it is leggible) the Position Statement if You disagree with the Findings and- Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk' s office. It is recommended that you prepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible . If that is not possible, pplease present your Position Statement to the City Council at the hearing, along with eight ( ff) copies . The coppies will be resented to the Mayor, Council, Planning and Zoning Administrator, Public Wor6l4 and the City Attorney. If you are a part of a group , it is strongly recommended that one Position hich can be signed by the representative for the group . Statement be filled out for the group , w Very truly you 07r City Attorney's Office ly/ WHITE PETERSON WHITE , PETERSON , MORROW, GIGRAY, ROSSMAN , NYE & ROSSMAN , P. A . ATTORNEYS AT LAW KEvIN E. DINIUS CHRISTOPHER S . NYE 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE JULIE KLEIN FISCHER PHILIP A. PETERSON POST OFFICE BOX 1150 CANYON PARK AT THE IDAHO CENTER WM . R GIGRAY, III ERICA S. PHILLIPS MERIDIAN , IDAHO 836804150 5700 EAST FRANKLIN ROAD, SUITE 200 D. SAMUEL JOHNSON ERIC S. ROSSMAN TEL ( 208 ) 288. 2499 NAMPA, IDAHO 83687 .8402 JILL S. JURRIES TODD A. RoSSMAN TEL ( 208) 466.9272 LARRY D. MOORE DAvID M . SWARTLEY FAX ( 208) 288-2501 FAX ( 208) 4664405 WILLIAM A. MORROW TERRENCE R. WHITE* * WILLIAM R NICHOLS* NICHOLAS L. WOLLEN *ALSO ADMITTED IN OR PLEASE REPLY TO "ALSO ADMITTED IN WA February 13 , 2002 MERIDIAN OFFICE William G . Berg , Jr . City of Meridian 33 E . Idaho Meridian , Idaho 83642 Re : Ordinance No . 01 - , (The Estate of Allen Gentry) Summary of Publication Dear Will : Pursuant to the direction of the Meridian City Council , this office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for The Estate of Allen Gentry , pursuant to the City' s action . I do hereby advise the City, and make this statement , that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance . You are hereby directed to file this statement with the ordinance , pursuant to the provisions of Idaho Code § 50 - 901 (A) . Very truly yours , i Wm . F . Nichols Enclosure Z:\Wor1c\M\Meridian\Meridian 15360N4\Sol C. Yaun RZO1 -007\BergSumOrdO21302Ltr. doc NOTICE AND PUBLISHED SUMMARY OR ORDINANCE PURSUANT TO I . C . § 50- 901 (A) CITY OF MERIDIAN ORDINANCE NO . 01 -_ PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by The Estate of Allen Gentry , consisting of 3 . 35 acres with a zoning designation of C- C Community Business ; and to provide providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date . Legal Description A parcel of land located in the E 1/2 of the NE 1/4 of the NE 1/4 of the NW 1/4 of Section 7 and the SE 1/4 of the SW 1/4 of Section 6 , T . 3N . , RJE . , B . M . , Meridian , Ada County, Idaho , more particularly described as follows . Beginning at the N1 /4 corner of said Section 7 ; thence along the North- South centerline of said Section 7 South 00 °34 ' 39 " West , 548 . 43 feet to a point on a curve to the left , said point also being on the centerline of Five Mile Creek; thence along the centerline of Five Mile Creek the following 4 courses ; along said curve 18 . 73 feet , said curve having a radius of 60 . 00 feet , a central angle of 17 °52 ' 55 " and a long chord of 18 . 65 feet which bears North 53 °25 ' 31 " West ; thence North 62 °20 ' 48 " West , 322 . 40 feet to the beginning of a non-tangent curve to the right ; thence along said curve 32 . 23 feet , a radius of 30 . 00 feet , a central angle of 61 °32 ' 59 " and a long chord of 30 . 70 feet which bears North 31 °32 ' 36 " West , thence North 00 °44 ' 24 " West , 307 . 24 feet to a point on the southerly boundary line of Ada County tax parcel No . 51107212530 ; thence along said southerly boundary line North 62 °58 ' 35 " East , 115 . 32 feet to a point on the centerline of Fairview Avenue ( U . S . Highway 30 ) ; thence along the centerline of Fairview Avenue North 88 °4 TOO " East , 223 . 46 feet ; thence leaving said centerline South 00°3439 " West , 2 . 86 feet to the POINT OF BEGINNING . Contains 3 . 35 acres , more or less . A full text of this ordinance is available for inspection at City Hall , City of Meridian , 33 East Idaho , Meridian, Idaho. This ordinance shall become effective on the day of 2002 . City of Meridian Mayor and City Council By: William G . Berg, Jr. , City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50m902 , YES NO Second Reading: Third Reading: ZAWorlc\M\Meridian\Meridian 15360M\Sol C. Yaun RZ01 -007\SUMANNEXZ0NG0RD . doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02-05-02 IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY 3.35 ACRES FOR FUTURE RETAIL DEVELOPMENT, LOCATED AT 725 FAIRVIEW AVENUE, MERIDIAN, IDAHO SOL C. YAUN, Applicant. Case No: RZ-O1-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 3.35 acres having come on for public hearing on February 5, 2002, at the hour of 6:30 o'clock p.m., and Council having received the report of Shad Stiles, Planning and Zoning Administrator, and appearing and testifying were: Shad Stiles, Planning and Zoning Administrator, and Greg Carter, 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 AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-8 TO C-C BY: SOL C. YAUN/(RZ-O1-007) - 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 5, 2002, before 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 heating having been posted upon the property under consideration more than one week before said heating; 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 5, 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 heating requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code§§ 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-8 TO C-C BY: SOL C. YAUN / (RZ-01-O07) - 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 3.35 acres in size. The property is generally located at725 Fairview Avenue in Meridian, Idaho, and is described in the application. 5. Gentry of Boise, Idaho. The Applicant is Sol C. Yaun through Hubble Engineering of Meridian, Idaho. 7. 8. The owner of record of the subject property is the Estate of Allen The property is presently zoned as R-8, and is vacant. The Applicant requests the property be rezoned to (C-C) Community Business District. 9. The proposed site is surrounded by a mobile home park, apartment complex, auto repair and detailing shop and other commercial developments. 10. 11. 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 as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-8 TO C-C BY: SOL C. YAUN/(RZ-OI-O07) - 12. The Applicant proposes to develop the subject property in the following manner: develop land for retail uses. 13. The Applicant's requested rezoning of the subject real property as C-C is consistent with the commercial 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. 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, and Staff conditions provide as follows: Adopt the Recommendations of Planning and Zoning and Engineering Staff as follows: 1. Applicant shall work with the Public Works Department on dedication of an easement paralleling the Five Mile Creek for a future sanitary sewer relief main. Adopt the Recommendations of the ACHD as follows: Dedicate 60-feet of right-of-way from the centerline of Fairview Avenue abutring 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-8 TO C-C BY: SOL C. YAUN / (RZ-OI-O07) - 4 Construct a 5-foot wide concrete sidewalk on Fairdew Avenue abutting the parcel. Coordinate the location and elevation of the sidewalk with District staff. Construct a 24 to 30-foot wide driveway at the west property line to align with Barbara Street on the north side of Fairview Avenue. Required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Upon review of a specific development application, ACHD may have additional requirements not addressed in their report. Comply with all Standard Requirements of the February 21,2001 ACHD Cormnissioners letter, which they acted on MRZ-01-001, and which conditions and requirements also apply to this application (RZ- 01-007). Additionally, comply with the action of the City Council at their February 5, 2002 meeting as follows: 8. That all uses on this property shall require a conditional use permit. That a significant portion of the property is within the flood plain, which Five Mile Creek runs along; that Five Mile Creek is designated as a multiple use pathway and in the future open discussion on how to accommodate a pathway through the area shall be required, which shall be included as part of the conditional use permit process in the future. 16. 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; it is found that the current Comprehensive Plan Land Use Map delineates the property as "Mixed Planned Use Development". The requested C-C zoning is harmonious with the "Mixed Planned Use Development" designation and is FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-8 TO C-C BY: SOL C. YAUN/(RZ-OI-O07) - 5 in accordance with the overall goals and ideas of the Comprehensive Plan. 17. Is the area included in the zoning amendment intended to be re-zoned in the future; it is found that the applicant does not intend to re-zone the property in the future. 18. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning; it is found that the proposed C-C zone would be developed as in accordance to the uses permitted in the C-C zone (retail uses are a permitted use in the C-C zone). Because this property is located within a "Mixed Planned Use Development" section of the Comprehensive Plan Land Use Map, all uses on this property shall require a conditional use permit. 19. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned; it is found that there has been no change in the area that would dictate how the area should be rezoned. 20. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate 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; it is found that the proposed uses, retail, can be designed, operated and maintained in a manner that is appropriate and harmonious with the existing area and that it will not change the essential character of the general vicinity, (which currently incorporates commercial, industrial and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-8 TO C-C BY: SOL C. YAUN/(RZ-OI-O07) - 6 office uses). If constructed and operated appropriately, the uses could be harmonious with the existing and intended character of the same area. 21. Will not be hazardous or disturbing to existing or future neighboring uses; it is found that the re-zone to C-C will not be disturbing to existing or future neighboring uses. 22. Will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such service; it is requested that the dedication of an easement paralleling the Five Mile Creek for a future sanitary sewer relief main. The location of said easement is somewhat flexible, and can be better determined upon review of the development site plans. It is also found that the proposed uses will be adequately served all essential public services and facilities. 23. 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; it is found that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, it is found that the proposed use would not be detrimental to the economic welfare of the community. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-8 TO C-C BY: SOL C. YAUN / (RZ-OI-O07) - 7 24. Will not involve uses, activities, processes, materials, equipment, and conditions that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; it is found that the proposed C-C zoned development will not involve uses, activities, processes, materials, equipment, and conditions that are or may be detrimental to the general welfare of the community. 25. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; it is found that the proposed use will not interfere with general traffic patterns on any public streets. 26. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; it is not found that any natural or scenic feature will be lost, damaged or destroyed by issuance of this rezone. 27. Is the proposed zoning amendment in the best interest of the City; it is found that the zoning amendment would be in the benefit of the city by allowing a property owner to make improvements to this property that would otherwise not be made without the zoning amendment. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-8 TO C-C BY: SOL C. YAUN/(RZ-OI-O07) - 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 Community Business District, (C-C) is defined in the Zoning Ordinance at 11-7-2 I as follows: (C-C) Communit~ Business District: The purpose of the C-C District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and emplOyees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal water and sewer systems of the City. 4. Idaho Code § 67-6511 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 cortfonnance with the Comprehensive Plan. 5. Idaho Code fi 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-8 TO C-C BY: SOL C. YAUN / (RZ-OI-O07) - 9 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 § 11-15-12 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. § 11-6-1 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 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; 7'.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centeflines 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 sho~m on the Official Zoning Map; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-8 TO C-C BY: SOL C. YAUN / (RZ-OI-O07) - 10 7.4 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 - 11 of the Meridian City Code GENERAL STANDARD S 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 find 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. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zoning. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezone& 8.5 The proposed uses 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; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-8 TO C-C BY: SOL C. YAUN/(RZ-OI-O07) - 11 8.8 8.9 8.10 8.11 8.12 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 3.35 acres to develop land for retail uses, is granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The following special terms and conditions of use and devdopment relate to this application to-wit: Adopt the Recommendations of Planning and Zoning and Engineering Staff as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-8 TO C-C BY: SOL C. YAUN / (RZ-01-007) - 12 follows: Applicant shall work with the Public Works Department on dedication of an easement paralleling the Five Mile Creek for a future sanitary sewer relief main. Adopt the Recommendations of the ACHD as follows: Dedicate 60-feet of right-of-way from 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. Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. Coordinate the location and elevation of the sidewalk with District staff. Construct a 24 to 30-foot wide driveway at the west property line to align with Barbara Street on the north side of Fairview Avenue. Required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Upon review of a specific development application, ACHD may have additional requirements not addressed in their report. Comply with all Standard Requirements of the February 21, 2001 ACHD Commissioners letter, which they acted on MRZ-01-001, and which conditions and requirements also apply to this application (RZ- 01-007). Additionally, comply with the action of the City Council at their February 5, 2002 meeting as follows: 8. That all uses on this property shall require a conditional use permit. o That a significant portion of the property is within the flood plain, which Five Mile Creek runs along; that Five Mile Creek is designated as a multiple use pathway and in the future open discussion on how to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-8 TO C-C BY: SOL C. YAUN / (RZoOI-O07) - 13 accommodate a pathway through the area shall be required, which shall be included as part of the conditional use permit process in the future. 3. 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-C) Community Business District (Meridian City Code § 11-7-2 I) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Worlcs Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code § 11-21-1 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 Meridian, pursuant to Idaho Code § 67-652 I. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER O1: APPROVAL OF REZONING OF 3.35 ACRES FROM R-8 TO C-C BY: SOL C. YAUN/(RZ-01-007) - 14 By action of the City Council at its regular meeting held on 2002. ROLL CALL COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS COUNCILMAN BELL NARY VOTED__~ VOTED VOTED__~ VOTED MAYOR ROBERT CORRIE (TIE BREAKER) DATED: :~--t/q fO Z-~ APPROVED: ~ DISAPPROVED: VOTED Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. BY ~t)~ [21erk ~ F (~ Dated: Z:\Wor k~vl~vl eridian~Vleridian 15360M~qol C. Yaun RZ01-O07~FfsCIsOrderREZtwo.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 3.35 ACRES FROM R-8 TO C-C BY: SOL C. YAUN/(RZ-01-O07) - 15