HomeMy WebLinkAboutMeridian Water Department RZ-01-004BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 06-19-01
IN THE MATTER OF THE
REQUEST FOR REZONE OF
APPROXIMATELY 2.89 ACRES
FOR MERIDIAN WATER
DEPARTMENT FROM R-8 TO
L-O, LOCATED AT 2235 NW
8TM STREET, MERIDIAN,
IDAHO
CITY OF MERIDIAN,
Applicant.
Case No: RZ-Oi-O04
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION
FOR REZONE
The above entitled matter on the rezoning application of 2.89 acres
having come on for public hearing on June 5, 2001 and continued until June 19,
2001, at the hour of 6:30 o'clock p.m., and Council having received the report of
Shaft Stiles, Planning and Zoning Administrator, 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 AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO L-O
BY: CITY OF MERIDIAN/(RZ-01-004) - 1
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
June 5, 2001 and continued until June 19, 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 June 5, 2001 and continued until June 19, 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 §§ 67-6509 and 67-6511, and Meridian City
Code §§ 1 I- 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 2.89 ACRES FROM R-8 TO L-O
BY: CITY OF MERIDIAN/(RZ-OI-O04) - 2
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 2.89 acres in size. The property
is located at 2235 NW 8th Street, in Meridian, Idaho, and is described as follows:
A parcel located in the SW 1/4 of Section 1, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, more particularly described as follows:
Conunencing at a 5/8 inch diameter iron pin marking the northeasterly corner of said
SW 1/4 (C 1/4 corner), from which a brass cap monument marldng the southeasterly
corner of said SW 1/4 bears S 0°24'~0'' E a distance of 2647.99 feet;
Thence S 0°24'50" E along the easterly boundary of said SW I/4 a distance of 69.49
feet to the POINT OF BEGINNING;
Thence continuing S 0o24'50" E a distance of 589.54 feet to a point;
Thence leaving said easterly boundary S 89°39'50'' W a distance of 82.81 feet to a
point;
Thence N 2o27'32" W a distance of 166.45 feet to a point;
Thence N 81 °29'05" W a distance of 76.11 feet to a point;
Thence N 42°48'10" W a distance of 88.80 feet to a point;
Thence N 34°35'20" W a distance of 118.62 feet to a point;
Thence N 0°18'19" W a distance of 248.66 feet to a point;
Thence N 89048'20" E a distance of 289.96 feet to the POINT OF BEINNING.
This parcel contains 2.89 acres and is subject to any easement's existing or in use.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-$ TO L-O
BY: CITY OF MERIDIAN/(RZ-01-004) - 3
Meridian, Idaho.
6.
Shawcroft.
7.
The owner of record of the subject property is City of Meridian of
The Applicant is City of Meridian, Superintendent, John
The property is presently zoned as R-8, and is a shared office
facility between the Water Department and a BSU training facility.
The Applicant requests the property be rezoned to Limited
Office. (L-O).
9.
The proposed site is surrounded by single family residences. The
site is located at the north terminus of NW 8~ Street on the north side of Cherry
Lane.
10.
I1.
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 defined in the Meridian Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the
following manner: remodel of existing building.
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
Urban.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO L-O
BY: CITY OF MERIDIAN / (RZ-01-004) - 4
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
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 2.89 ACRES FROM R-8 TO L-O
BY: CITY OF MERIDIAN/(RZ-01-004) - 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 wilI 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 of the 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 square-footage of the existing building shall not be expanded
without bringing the site into full compliance with all current
ordinances. The existing site does not conform to all of the current
standards of the Landscape Ordinance, specifically the required buffer
between residential uses and the electrical training facility. Additionally,
the electrical training facility at the north end of the parcel shall be
screened (Ord. 11-12-3) and any vehicular use areas shall be paved
(Ord. 11-13-4.D.). The proposed interior remodel/tenant improvement
does not increase the square-footage of the structure and shall be
permitted under the existing lot configuration. However, at the time of
any future building expansion, the landscaping, screening and paving
shall be brought into compliance.
15.2.2Assessments or re-assessments for sewer and water service for any new
uses shall be determined during the Certificate of Occupancy process.
15.2.3A Development Agreement shall not be required for this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO L-O
BY: CITY OF MERIDIAN/(RZ-OI-O04) - 6
15.2.4Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City
Ordinance. Wells may be used for non-domestic purposes such as
landscape irrigation.
15.2.5All 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. No temporary signage, flags, banners or
flashing signs shall be permitted.
15.2.6Off street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
15.2.7All construction shall conform to the requirements of the Americans
with Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
15.2.8ACHD shall only hear this application if the Site Plan is changed in
such a manner as to require review.
15.2.9ACHD policy requires that before any improvements of any kind are
constructed or installed within the public right-of-way, a permit or
license agreement permitting the improvements shall be obtained.
15.2.10All future design plans and construction shall be in accordance with
the Ada County Highway District Policy Manual, ISPWC Standards
and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived in writing by
the District.
CONCLUSIONS OF LAW
1. The Coundl 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO L-O
BY: CITY OF MERIDIAN/(RZ~OI-O04) - 7
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:
(L-O) 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
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 § 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 particuIar 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 iA 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
malce a written Commitment concerning the use or development of the subject
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO L-O
BY: CITY OF MERIDIAN/(P,Z-OI-O04) - 8
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, lalces 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 centeflines 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO L-O
BY: CITY OF MERIDIAN / (RZ-01-004) - 9
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 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.
8.2 The area is not intended to be rezoned in the future.
8.3
8.4
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 rezone&
8.5
8.6
8.7
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;
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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO L-O
BY: CITY OF MERIDIAN/(RZ-OI-O04) - i0
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 wi11 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 2.89 acres
for the remodel of the existing building 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO L-O
BY: CITY OF MERIDIAN / (RZ-O1-004) - 11
follows:
2.1
2.2
2.3
2.4
2.5
2.6
2.7
The square-footage of the existing building shall not be expanded
without bringing the site into full compliance with all current
ordinances. The existing site does not conform to all of the current
standards of the Landscape Ordinance, specifically the required buffer
between residential uses and the electrical training facility. Additionally,
the electrical training facility at the north end of the parcel shall be
screened (Ord. 11-12-3) and any vehicular use areas shall be paved
(Ord. 11-13-4.D.). The proposed interior remodel/tenant improvement
does not increase the square-footage of the structure and shall be
permitted under the existing lot configuration. However, at the time of
any future building expansion, the landscaping, screening and paving
shall be brought into compliance.
Assessments or re-assessments for sewer and water service for any new
uses shall be determined during the Certificate of Occupancy process.
Development Agreement shall not be required for this application.
Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City
Ordinance. Wells may be used for non-domestic purposes such as
landscape irrigation.
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. No temporary signage, flags, banners or
flashing signs shall be permitted.
Off street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
All construction shall conform to the requirements of the Americans
with Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
2.8 ACHD shall only hear this application if the Site Plan is changed in
such a manner as to require review.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO L-O
BY: CITY OF MERIDIAN/(RZ-01-004) - 12
2.9 ACHD policy requires that before any improvements of any kind are
constructed or installed within the public right-of-way, a permit or
license agreement permitting the improvements shall be obtained.
2.10 All future design plans and construction shall be in accordance with the
Ada County Highway District Policy Manual, ISPWC Standards and
approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived in writing by
the District.
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 subiect of the application to (L-O) Limited Office District
(Meridian City Code § 11-7-2 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 offidal 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 § 67-6521. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO L-O
BY: CITY OF MERIDIAN/(RZ-01-004) - 13
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 ~f~ 5
2001.
ROLL CALL
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: 7- 7 -- ~)/
VOTED ~
VOTED__~
VOTED ~
VOTED ~,~
VOTED
MOTION:
APPROVED:~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
Dated:
%NPA_NTS40_
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 2.89 ACRES FROM R-8 TO L-O
BY: CITY OF MERIDIAN/(RZ-01-004) - 14