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HomeMy WebLinkAboutMurdoch Sub No. 2 RZ 02-004 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 12-03-02 IN THE MATTER OF THE ) REQUEST FOR REZONE OF 8.2 ) ACRES (10.93 ACRES INCLUDING ) ROADWAYS AND EASEMENTS) ) FOR MURDOCH SUBDIVISION ) NO.2 FROM R-8 TO CoG ZONING, ) LOCATED ON THE WEST SIDE OF ) LOCUST GROVE, Y, MILE SOUTH ) OF FRANKLIN ROAD, MERIDIAN, ) IDAHO ) ) HOWELL-MURDOCH ) DEVELOPMENT CORPORATION, ) Applicant. Case No: RZ-02-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 8.2 acres (10.93 acres including roadways and easements) having come on for public hearing on December 3,2002, at the hour of 7:00 o'clock p.m., and Council having received the report of Steve Siddoway Planner II of the Planning and Zoning Department, David McKinnon Planner II of the Planning and Zoning Department, and Bruce Preckleton of the Public Works Department, and Brad Hawkins- Clark Interim Director for the Planning and Zoning Department, and Daren Fluke, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REWNING OF 8.2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO C-G BY HOWELL-MURDOCH DEVELOPMENT CORPORATION I (RZ-02-004) - 1 and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, Decision and Order: FINDINGS OF FACT I. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for December 3, 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') ofthe external boundaries ofthe 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 December 3, 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 ~~ 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, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the hnpact FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REWNING OF 8.2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO CoG BY HOWELL-MURDOCH DEVELOPMENT CORPORATION I (RZ-02-004) - 2 Area Boundary. 4. The property is approximately 8.2 acres (10.93 acres including roadways and easements) in size. The property is located on the west side of Locust Grove, Y, mile south of Franklin Road, Meridian, Idaho, and a copy of the legal description is on file at the City Clerk's office, Meridian City Hall, 33 East Idaho, Meridian, Idaho. 5. The owners of record of the subject property are John Flaherty Construction, Inc, 6009 Franklin Road, Boise, Idaho 8309, Sturgeon Rock Land Group, LLC, 10048 Calico Street, Boise, Idaho 83709, and Howell-Murdoch Development Corporation, 4822 N. Rosepoint Way, Ste. C, Boise, Idaho 83713. 6. The Applicant is Howell-Murdoch Development Corporation, 4822 N. Rosepoint Way, Ste. C, Boise, Idaho 83713. 7. The property is presently zoned as R-8, and consists of vacant land. The Applicant requests the property be rezoned to General Retail and Service Commercial (C-G). 8. The proposed site is bordered to the north by Medimont Subdivision, to the south by vacant land, to the east by Woodbridge Subdivision, and to the west by Murdoch Subdivision No.1. 9. The property which is the subject of this application is within the Area of hnpact of the City of Meridian. 10. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. II. The Applicant proposes to develop the subject property in the following manner: As commercial lots under the proposed CoG zone. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REWNlNG OF 8,2 ACRES (10,93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO CoG BY HOWELL-MURDOCH DEVELOPMENT CORPORATION I (RZ-02-004) - 3 12. The Applicant requested rezoning of the subject real property as CoG is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Commercial. 13. There are no significant or scenic features of major importance that affect the consideration of this application. 14. Ada County Highway District reviewed this application and submitted a no review letter. The District recently reviewed and commented on this site as part of Murdoch Subdivision No.2. All of the District's requirements for this site have been previously addressed through the above noted subdivision application. 15. Central District Health Department reviewed this application and had no objections. 16. In review of the application for rezone it is provided at Meridian City Code ~ 11-15-11 for the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 16.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 16.2 The area included in the zoning amendment is not intended to be rezoned in the future; 16.3 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; 16.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions of the conditional use process; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REWNING OF 8.2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO CoG BY HOWELL-MURDOCH DEVELOPMENT CORPORATION I (RZ-02-004) - 4 16.5 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; 16.6 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; 16.7 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; 16.8 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; 16.9 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 16.1 0 The proposed zoning will be in the best interest ofthe City of Meridian. 16.2 Staff and Agency recommendations and/or conditions provide as follows: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Standard Conditions 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2. All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 ofthe City of Meridian Zoning and Development Ordinance. 3. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use of property. 4. All construction shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO CoG BY HOWELL-MURDOCH DEVELOPMENT CORPORATION I (RZ-02-004) - 5 5. Any assessments or re-assessments for sewer and water service for any new uses will be determined during the Certificate of Occupancy process. 6. Development of the property shall be in conformance. with the Meridian City Code. B. Adopt the Recommendations of Meridian Fire Department as follows: 1. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix ill-A. Please show all proximity hydrants within 500' ofthe project on the resubmitted plat. 2. All entrances and internal roads shall comers with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 5. Final approval of fire hydrant locations shall by the Fire Department. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any buildings more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. UFC 902.21 7. All building uses and occupancies will have to meet the separation requirements of the Uniform Building Code. 17. It is found that the adopted Comprehensive Plan's Future Land Use Map delineates the property as "Commercial," with the exception of the Police Department's lot that is designated as "Public/Quasi-Public". The requested CoG zoning is harmonious with the "Commercial" designation and is in accordance wit the overall goals and policies of the Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REWNING OF 8.2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO CoG BY HOWELL-MURDOCH DEVELOPMENT CORPORATION I (RZ-02-004) - 6 18. It is found that the proposed zoning amendment complies with the intended zone(s) supported by the Future Land Use Map. The property is not intended for another rezone in the future. 19. It is found that the Applicant has not submitted detailed development plans for the un-built parcels within the development; however, it is found that the land to be rezoned will be developed as a commercial subdivision. If the property is developed in accordance with the MCC, commercial development would be allowed under the new CoG zoning designation. 20. The recent adoption ofthe Comprehensive Plan changed the land use designation of the property. Furthermore, the City has recently completed construction of a new police station within this subdivision, suggesting that it would be appropriate to rezone the area to commercial, rather than residential uses. 21. It is found that all development within the subdivision will be required to comply with the MCC, and that the future development of the land will be in harmony the existing and intended character of the area. All commercial development applications will have to be weighed on the merits of the specific application. All development will require a Certificate of Zoning Compliance or Conditional Use Permit application, as determined by the Schedule of Use Control in the City's Zoning Ordinance. 22. It is found that the re-zone to CoG should not be disturbing to existing or future neighboring uses. Specific uses allowed (either permitted uses or conditional uses) within the CoG zone may be disturbing to future or existing neighbors; however each development will be required to comply with the approval requirements of the MCC. 23. It is found that the proposed uses will be adequately served by all essential FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REWNING OF 8.2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO CoG BY HOWELL-MURDOCH DEVELOPMENT CORPORATION I (RZ-02-004) - 7 public services and facilities. 24. 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 rezone would not be detrimental to the economic welfare ofthe community. 25. It is found the CoG zoning designation of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. 26. It is found that the proposed CoG zoning will not interfere with general traffic patterns on any public streets. Watertower and Stratford are designated as collector streets and no lots within the subdivision are allowed direct lot access to Locust Grove. 27. It is not found that any natural or scenic feature will be lost, damaged or destroyed by approval of this rezone. 28. It is found that the zoning amendment would be in the best interest of the City by allowing a property owner to make improvements to the property that would otherwise not be allowed 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. 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 Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.2 ACRES (10,93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO CoG BY HOWELL-MURDOCH DEVELOPMENT CORPORATION I (RZ-02-004) - 8 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: fC-G) General Retail and Service Commercial District: The purpose ofthe 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. 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 conformance with the Comprehensive Plan. 5. Idaho Code ~ 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 ~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 ofthe subject property. 7. ~ 11-6-1 ZONING DISTRICT MAP provides in part as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REWNING OF 8.2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO CoG BY HOWELL-MURDOCH DEVELOPMENT CORPORATION I (RZ-02-004) - 9 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. ~ II-l5-110fthe 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. 8.2 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 zomng. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.2 ACRES (10,93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO CoG BY HOWELL-MURDOCH DEVELOPMENT CORPORATION I (RZ-02-004) - 10 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 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 forrezone of approximately 8.2 acres (10.93 acres including roadways and easements) to develop the subject property as commercial lots under the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.2 ACRES (10,93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO CoG BY HOWELL-MURDOCH DEVELOPMENT CORPORATION I (RZ-02-004) - 11 proposed COG zone, 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: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Standard Conditions 5. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 6. All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. 7. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use of property. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. 5. Any assessments or re-assessments for sewer and water service for any new uses will be determined during the Certificate of Occupancy process. 6. Development of the property shall be in conformance with the Meridian City Code. B. Adopt the Recommendations of Meridian Fire Department as follows: 1. Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix ill-A. Please show all proximity hydrants within 500' of the project on the resubmitted plat. 2. All entrances and internal roads shall comers with a minimum of a 28' inside radius and 48' outside radius. 3. The proposed buildings & uses shall comply with the 1997 Uniform Fire Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 8.2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO CoG BY HOWELL-MURDOCH DEVELOPMENT CORPORATION I (RZ-02-004) - 12 4. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian for water quality. 5. Final approval of fire hydrant locations shall by the Fire Department. 6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, which is 20' wide. Any buildings more than 30' in height shall have a 26' wide access road to provide for aerial truck operations. UFC 902.21 7. All building uses and occupancies will have to meet the separation requirements of the Uniform Building Code. 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-G) General Retail and Service Commercial District (Meridian City Code ~ 11-7-2 K) 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 ~ 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 ofthe 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 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 o~~ /1 ~ 2002. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REWNING OF 8,2 ACRES (10.93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO CoG BY HOWELL-MURDOCH DEVELOPMENT CORPORATION I (RZ-02-004) - 13 ROLL CALL COUNCILMAN BIRD VOTED~ VOTED~ COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS VOTED~ COUNCILMAN NARY VOTED lliJ~ - MAYOR ROBERT CORRIE (TIE BREAKER) DATED: 12- -17 -I) 2- VOTED MOTION: ~ APPROVEn. OISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. Z:\Work\M\Meridian\Meridian 15360M\Murdoch Sub No.2 RZ02-004\FfsClsOrderREZ.doc . Byb~fL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REWNING OF 8.2 ACRES (10,93 ACRES INCLUDING ROADWAYS AND EASEMENTS) FROM R-8 TO CoG BY HOWELL-MURDOCH DEVELOPMENT CORPORATION I (RZ-02-004) - 14