HomeMy WebLinkAboutElixir Subdivision RZ-01-006THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 09/04/01
IN THE MATTER OF THE
REQUEST FOR REZONE OF
APPROXIMATELY I ACRE IN
SIZE AND PART OF A LARGE
PARCEL OWNED BY THE
APPLICANT, FOR PROPOSED
ELIXIR SUBDIVISION, FROM I-
L TO L-O, LOCATED ON THE
WEST SIDE OF EAGLE ROAD,
JUST NORTH OF THE
RAILROAD TRACKS,
MERIDIAN, IDAHO
ELIXIR INDUSTRIES,
APPLICANT.
Case No: RZ-01-006
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION
FOR REZONE
The above entitled matter on the rezoning application of 1 acre in size
and part of a large parcel owned by the applicant, having come on for public hearing
on September 4, 2001, at the hour of 6:30 o'clock p.m., and Council having received
the report of Shaft Stiles, Planning and Zoning Administrator, and Shari Stiles,
Planning and Zoning Administrator, appeared and testified, and appearing and
testifying on behalf of the Applicant was Paul Clayton, and appearing and testifying
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-01-O06) - 1
with comments or concerns were: Brad Miller and Bede/Bowcutt, 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
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
September 4, 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 (I 5) 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 September 4, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-O1-006) - 2
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 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 1 acre in size and part of a large
parcel owned by the applicant. The property is generally located on the west side of
Eagle Road, just north of the railroad tracks, in Meridian, Idaho, and is described as
follows:
A parcel of land being a portion of the SE 1/4 of Section 8, T. 3N., R. 1E., B.M.,
Meridian, Ada County, Idaho and being more particularly described as follows:
Commencing at a brass cap marking the Southeast corner of said SE ~/q of Section 8,
thence North 01°29'03" East 1298.35 feet along the Easterly boundary of said SE V4
to the Northerly fight of way line of the Union Pacific Railroad, thence North
88°28'27" West 70.00 feet along said Northerly right-of-way line to a point on the
Westerly fight-of-way line of N. Eagle Road, thence North 01°29'03" West 279.93
feet along said Westerly fight-of-way line to the REAL POINT OF BEGINNING;
Thence leaving said Westerly right-of-way line, North 88°28'27" West 259.63 feet to
a point;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-01-006) - 3
Thence North 01°29'03'' East 170.00 feet to a point;
Thence South 88°28'27'' East 202.61 feet to a point on said Westerly right-of-way
line;
Thence South 69°04'04" East 60.47 feet along said Westerly right-of-way line to a
point;
Thence South 01°29'03" West 149.91 feet along said right-of-way line to the point of
beginning, comprising 1.00 acres, more or less.
SUBJECT TO:
Any easements of record or appearing on the above described parcel of land.
5. The owner of record of the subject property is Elixir Industries of
Gardena, California.
6. The Applicant is Paul B. Clayton for Elixir Industries, Meridian,
Idaho.
lot.
7. The property is presently zoned as I-L, and is used as a parking
8. The Applicant requests the property be rezoned to L-O.
9. The proposed site is surrounded by vacant land owned by Elixir
Industries and zoned I-L and land north of the railroad zoned I-L.
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 defined in the Meridian Comprehensive Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZON1NG OF I ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-01-006) - 4
12. The Applicant proposes to develop the subject property in the
following manner: Construction of a Primary Health Medical 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.
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
I5.2
15.3
15.4
The new zoning will be harmonious with and in accordance with
the Comprehensive Plan;
The area included in the zoning amendment is not intended to be
rezoned in the future;
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;
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
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-01-O06) - 5
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;
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 of the City of
Meridian.
15.2 Staff conditions provide approval of the rezoning to L-O for the
property with conditions as follows:
Adopt the Recommendations of Planning and Zoning staff and Engineering
staff as follows:
No conditions were applied. There are conditions attached to the
Preliminary Plat, of which this parcel is part.
Adopt the Recommendations of the Meridian Fire Department as
follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF I ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-OI-O06) - 6
Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix
III-A. Show all proximity hydrants within 500' of the project.
3. All comers shall have a 28' inside radius and 48' outside radius.
Comply with the I997 Uniform Fire Code for the storage of Medical
Gases.
Adopt the Recommendations of the Ada County Highway District as follows:
Applicant shall be required to comply with the Ada County Highway
District's letter dated July 18,200I, including the Special
Recommendations to the City of Meridian, Special Recommendations
to Idaho Transportation Department, Site Specific Requirements and
Standard Requirements prior to ACHD's approval of the final plat.
Adopt the Recommendations of the State of Idaho Transportation Department
as follows:
The Department has no problems with the project at this time, but as
long as no work is done on the SH-55 right of way no permits shall be
needed from ITD.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-OI-O06) - 7
3. The requested zoning of Limited Office (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 of 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 reqnirement 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 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 § 67-651 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
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-OI-O06) - 8
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 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
Offficial 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-01-O06) - 9
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 follo~ving
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 rezoned.
8.5
The proposed uses will be designed, constructed, operated and
maintained to be harmonious and appropriate in appearance ~vith 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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF I ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-01-006) - 10
8.9
8.10
8.11
8.12
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 1 acre in size mad
part of a large parcel owned by the applicant for construction and development of a
Primary Health Medical Building., subject to the terms and conditions of this Order
hereinafter stated; and
2. The following special ternxs and conditions of use and
development relate to this application to-wit:
Adopt the Recommendations of Planning and Zoning staff and Engineering
staff as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-OI-O06) - ! i
No conditions were applied. There are conditions attached to the
Preliminary Plat, of which this parcel is part.
Adopt the Recommendations of the Meridian Fire Department as follows:
Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix
III-A. Show all proximity hydrants within 500' of the project.
3. All corners shall have a 28' inside radius and 48' outside radius.
Comply with the 1997 U~ziform Fire Code for the storage of Medical
Gases.
Adopt the Reconunendations of the Ada County Highway District as follows:
Applicant shall be required to comply with the Ada County Highway
District's letter dated July 18, 2001, including the Special
Reconunendations to the City of Meridian, Special Recommendations
to Idaho Transportation Department, Site Specific Requirements and
Standard Requirements prior to ACHD's approval of the final plat.
Adopt the Recommendations of the State of Idaho Transportation Department
as follows:
The Department has no problems with the project at this time, but as
long as no work is done on the SH-55 right of way no permits shall be
needed from ITD.
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 § 11-7-2 G) which ordinance shall be considered for passage.
4. Subsequent to the passage of the Ordinance, provided for in
FINDINGS OF FACT AND CONCLUSIONS OF LAw
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-O1-006) - 12
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 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
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 the
,2001.
ROLL CALL
COUNCILMAN RON ANDERSON
COUNCILMAN Ird~ITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
/~'/t~day
VOTED__~
VOTED
VOTED_~
VOTED_~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLIGANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES/(RZ-OI-006) - 13
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: ~t/~ --tY//
VOTED
MOTION:
APPROVED!
DISAPPROVED:.__
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
City Clerk
Z:\WorkkM~vleridian~V[eridian 153601V~Elix~er Sub RZ01-O06 PPO1-014 VAR01-Ol2~FfsClsOrderREZO1-006.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 1 ACRE IN SIZE AND PART OF A LARGE
PARCEL OWNED BY THE APPLICANT FROM I-L TO L-O
BY: ELIXIR INDUSTRIES / (RZ-01-006) - 14