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HomeMy WebLinkAboutIdaho Banking Company RZ-01-002 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REZONE OF APPROXIMATELY 0.51ACRES FOR PROPOSED OFFICE USE LOCATED AT 403 W. CHERRY LANE, MERIDIAN, IDAHO IDAHO BANIGNG COMPANY, Applicant. C/C 05-01-01 ) ) ) ) ) ) ) ) ) ) Case No: RZ-OI-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 0.51 acres having come on for public hearing on May 1, 2001, at the hour of 6:30 o'clock p.m., and Council having received the report of Shari Stiles, Planning and Zoning Administrator, and appearing and testifying on behalf of the Applicant was Anne Marie Downen, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .051 ACRES FROM R-4 TO L-O BY: IDAHO BANIGNG COMPANY / (RZ-OI-002) - I 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 May 1, 2001, 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 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 May 1, 2001, 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 99 67-6509 and 67-6511, and Meridian City Code 99 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .051 ACRES FROM R-4 TO L-O BY: IDAHO BANIGNG COMPANY / (RZ-OI-002) - 2 maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 0.51 acres in size. The property is generally located at 403 W. Cherry Lane, in Meridian, Idaho, and is described as follows: The parcel of land described herein was not surveyed and the description is taken from the historical deeds and is considered by the Land Surveyor to be the parcel including portions subsequently deeded to the Ada County Highway District and such lands are left within the description so as to assure total inclusion for land planning and zoning purposes. The following parcel of land is located within the State of Idaho, County of Ada and is described as follows: A portion of the northwest quarter of the northeast quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and is more particularly described as follows: Commencing at the quarter corner common to Section 1 and Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; Thence along said section line common to said Sections 1 and 12 bearing South 89051' East a distance of 1,233.00 feet to the point of beginning; Thence South 00002' West a distance of 159.50 feet; Thence South 89051' East a distance of 158.00 feet; Thence North 000 02' East a distance of 159.50 feet; Thence North 89051' West a distance of 158.00 feet to the point of beginning. 5. The owner of record of the subject property is Idaho Banking FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .051 ACRES FROM R-4 TO L-O BY: IDAHO BANIGNG COMPANY / (RZ-OI-002). 3 Company of Meridian, Idaho. 6. The Applicant is owner of record. 7. The property is presently zoned as R-4, and is a vacant chiropractor's office. 8. The Applicant requests the property be rezoned to Limited Office. (L-O). 9. The proposed site is surrounded by a mobile home park, zoned R- 8, a construction business zoned L-O, single family residences, zoned R-4 and R-8, multi-tenant commercial buildings zoned L-O and an apartment building zoned R-4. The site is located on the south side of Cherry Lane at the intersection of Cherry Lane and E. 3'd Street. 10. The subject property is within city limits of the City of Meridian. 11. 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. 12. The Applicant proposes to develop the subject property in the following manner: rezone for office use. 13. The Applicant's requested rezoning of the subject real property as L-O is consistent with the commercial designation on the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Existing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .051 ACRES FROM R-4 TO L-O BY: IDAHO BANIGNG COMPANY / (RZ-OI-002) - 4 Urban. 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 9 11-15-1lfor 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; 15.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15.3 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; 15.4 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .051 ACRES FROM R-4 TO L-O BY: IDAHO BANIGNG COMPANY / (RZ-OI-002) - 5 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 15.10 The proposed zoning will be in the best interest ofthe City of Meridian. 15.2 Staff conditions provide as follows: Adopt the Recommendations of Planning and Zoning and Engineering Staff as follows: 15.2.1 The existing site does not conform to the current standards of the Landscape Ordinance. The square-footage of the existing structure shall not be increased without bringing the site into compliance with all current ordinances. Tenant improvements that do not increase the square-footage of the structure may be considered under the current lot configuration. 15.2.2The parking lot striping is old and difficult to see. At a minimum, the parking lot shall be restriped and include handicap-accessible stall(s) in conformance with the Americans with Disabilities Act (ADA), prior to occupancy of the next tenant. When the existing asphalt is removed and replaced, parking lot standards of the Landscape Ordinance shall apply. 15.2.3Assessments for sewer and water service are determined during the building permit application process. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .051 ACRES FROM R-4 TO L-O BY: IDAHO BANIGNG COMPANY / (RZ-OI-002) - 6 15.2.4A Development Agreement shall not be required for this application. Adopt the Recommendations of the Ada County Highway District as follows: 15.2.5Replace damaged curb, gutter and/or sidewalk on Cherry Lane and 4th Street with new curb, gutter and/or concrete sidewalk to match existing improvements, subject to approval of the District. 15.2.6Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 15.2.7Restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 15.2.8Additionally, Applicant shall comply with all of the Standard Requirements listed in ACHD's letter dated March 22, 2001. 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 Limited Office District, (L-O) is defined in the Zoning Ordinance at 11-7-2 G as follows: (Loa) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .051 ACRES FROM R-4 TO L-O BY: IDAHO BANIGNG COMPANY / (RZ-OI-002). 7 product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 4. Idaho Code 9 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 conformance with the Comprehensive Plan. 5. Idaho Code 9 67 -6511A 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 9 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. 911-6-1 ZONING DISTRICT MAP provides in part as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .051 ACRES FROM R-4 TO L-O BY: IDAHO BANIGNG COMPANY / (RZ-OI-002) - 8 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 centerlines 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 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. 9 11-15-11of 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .051 ACRES FROM R-4 TO L-O BY: IDAHO BANIGNG COMPANY / (RZ-OI-002) - 9 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 rezoned. 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; 8.8 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; 8.9 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; 8.10 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; 8.11 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 .051 ACRES FROM R-4 TO L-O BY: IDAHO BANIGNG COMPANY / (RZ-OI-002) - to 8.12 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 0.51 acres for construction and development of an office use is granted, subject to the terms and conditions of this Order hereinafter stated; and 2. The following special terms and conditions of use and development relate to this application to-wit: Adopt the Recommendations of Planning and Zoning and Engineering Staff as follows: 2.1 The existing site does not conform to the current standards of the Landscape Ordinance. The square-footage of the existing structure shall not be increased without bringing the site into compliance with all current ordinances. Tenant improvements that do not increase the square-footage of the structure may be considered under the current lot configuration. 2.2 The parking lot striping is old and difficult to see. At a minimum, the parking lot shall be restriped and include handicap-accessible stall(s) in conformance with the Americans with Disabilities Act (ADA), prior to occupancy of the next tenant. When the existing asphalt is removed and replaced, parking lot standards of the Landscape Ordinance shall apply. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .051 ACRES FROM R-4 TO L-O BY: IDAHO BANIGNG COMPANY / (RZ-OI-002) - II 2.3 Assessments for sewer and water service are determined during the building permit application process. 2.4 A Development Agreement shall not be required for this application. Adopt the Recommendations of the Ada County Highway District as follows: 2.5 Replace damaged curb, gutter and/or sidewalk on Cherry Lane and 4th Street with new curb, gutter and/or concrete sidewalk to match existing improvements, subject to approval of the District. 2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 2.7 Restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.8 Additionally, Applicant shall comply with all of the Standard Requirements listed in ACHD's letter dated March 22, 2001. 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 (L-O) Limited Office District (Meridian City Code 911-7-2 G) 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 Works Department shall prepare the appropriate mapping changes of the official Zoning Maps as provided in Meridian City Code 9 11-21-1 in accordance with the provisions of the rezoning ordinance. NOTICE OF FINAL ACTION FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .05 I ACRES FROM R-4 TO L-O BY: IDAHO BANIGNG COMPANY / (RZ-OI-002) . 12 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 967 -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 ofthis 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 tn ~ I~ , 2001. ROLL CALL COUNCILMAN RON ANDERSON VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED-fJ::t:-~ VOTED~ VOTED*tL COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD - MAYOR ROBERT CORRIE (TIE BREAKER) DATED: S--(fJ-OI VOTED MOTION: ~ APPROVE . DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .051 ACRES FROM R-4 TO L-O BY: IDAHO BANIGNG COMPANY / (RZ-Ol.002) - 13 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By:dI~.p~ ~ City Clerk Dated: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF .051 ACRES FROM R-4 TO L-O BY: IDAHO BANIGNG COMPANY / (RZ-OI-002). 14