Police Department Rezone MDA-10-007 RZ-10-003CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
~E IDFZ IAN~-
~.J
In the Matter of a Request for Rezone of 9.33 Acres of Land from the R-8 (Medium Density
Residential) District to the C-G (General Retail and Service) District AND Termination of
the Recorded Development Agreement (Inst. No. 100040596), by City of Meridian Planning
Department.
Case No(s). RZ-10-003 and MDA-10-007
For the City Council Hearing Date of: November 23, 2010 (Findings on the December 7,
2010 City Council agenda)
A. Findings of Fact
Hearing Facts (see attached Staff Report for the hearing date of November 23, 2010,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 23, 2010,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
November 23, 2010, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of November 23, 2010, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-10-003 and MDA-10-007
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4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and Exhibit Map in the attached
Staff Report for the hearing date of November 23, 2010, incorporated by reference. The
conditions are concluded to be reasonable and the applicant shall meet such requirements
as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The applicant's Rezone as evidenced by having submitted the legal description and
exhibit map, stamped by Glenn Bennett and dated September 9, 2010, is hereby
conditionally approved.
D. Attached: Staff Report for the hearing date of November 23, 2010.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-10-003 and MDA-10-007
-2-
By action of the City Council at its regular meeting held on the ~ day of
~rcrn ~ +~ , 2010.
COUNCIL MEMBER DAVID ZAREMBA VOTED (~_
COUNCIL MEMBER BRAD HOAGLUN VOTED Q~e
COUNCIL MEMBER CHARLIE ROUNTREE VOTED Q~ C
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayorr~ mmy de Weerd
Attest:
Ja ee of City perk `` -. ~; r'
Copy served upon Applicant; The Plannitl~~'I~epartment, Public Works Department and City
Attorney.
~, ,
BY~ ~ ~ ~,~ ~`' ~'~~L~ '' -.t:~ t ~ Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-10-003 and MDA-10-007
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STAFF REPORT
Hearing Date:
TO:
FROM:
SUBJECT:
November 23, 2010
Mayor and City Council
Bill Parsons, Associate City Planner
208-884-5533
E IDIAN
IDAHO
RZ-10-003 and MDA-10-007 -Police Department Rezone
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The City of Meridian Police Department has applied for a rezone of 9.33 acres from an R-8 (Medium
Density Residential) zone to a C-G (General Retail and Service Commercial District) zone. In
addition, a development agreement modification is also requested to rescind the recorded
development agreement that governs the subject property and the other commercial lots platted with
Murdoch Subdivision No. 2.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed rezone and development agreement modification based
on the analysis provided below and the Findings of Fact and Conclusions of Law listed in Exhibit D.
The Meridian Planning & Zoning Commission heard this item on October 21, 2010. At the
public hearing the Commission moved to recommend approval of the subiect RZ request.
a. Summarv of Commission Public Hearing:
i. In favor: Planning Department
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Steve Douglas, Idaho Department of Lands
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. None
c. Key Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
~_ Summarv of City ouncil Pub is Hearin
L In favor: Planv-ingJLnartment
iL In opnosition: None
lii. Commenting: None
jy~ Written testimony: None
y, , taff presenting application: Bill Parsons
yi. Other staff commenting on annlication• Anna Canning
~, j{gy iscn c of Di cussion bYCouncil:
L Would current uses be in comp]ianc_e with the proposed C-G zone.
~_ Icy Council Changes to Staff/Commission Recommendation
L None
Police Department Rezone - I -
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-10-
003 and MDA-10-007 as presented in the staff report for the hearing date of November 23, 2010 with
the following modifications: (add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-10-003
and MDA-10-007 as presented during the hearing on November 23, 2010 for the following reasons:
(You should state specific reasons for denial.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Numbers RZ-10-
003 and MDA-10-007, to (insert specific hearing date), and direct staff to make the following
changes: (insert comments here.)
IV. APPLICATION FACTS
A. Site Address/Location: The subject property is located at 1401 E. Watertower Street, in the
northeast '/ of Section 18, Township 3 North, Range 1 East.
B. Owners:
City of Meridian
33 E. Broadway Avenue
Meridian, Idaho 83642
C. Applicant:
City of Meridian Police Department
1401 E. Watertower Street
Meridian, Idaho 83642
D. Applicant's Statement/Justification: See application file for more information.
V. PROCESS FACTS
a. The subject applications are for a rezone and a development agreement modification. Based on
the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before
the Planning & Zoning Commission and City Council on these matters.
b. Newspaper notifications published on: October 4, and 18, 2010 (Commission); November 1,
and 15, 2010 (City Council)
c. Radius notices mailed to properties within 300 feet on: September 29, 2010 (Commission);
October 28, 2010 (City Council)
d. Applicant posted notice on site by: October 8, 2010(Commission); November 10, 2010 (City
Council
VI. LAND USE
a. Existing Land Use(s): The subject property is developed with a police station and canine training
area. Three acres of the site is vacant and suitable for future development.
b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: The site is
surrounded by existing and undeveloped commercial properties zoned C-G and agricultural
property zoned RUT in the Ada County to the south. The agricultural property is designated
commercial on the City's Future Land Use Map.
Police Department Rezone - 2 -
c. History of Previous Actions:
• In 2000, this property was annexed and zoned (AZ-00-005) R-8. A development
agreement (Inst. No. 100040596) was recorded at the time of annexation. A Conditional
Use Permit (CUP-00-054) was also approved to allow the construction of the police
department.
• In 2001, the property was platted (PP-01-004 and FP-01-006) as part of the Murdoch
Subdivision.
In 2002, the Council approved a rezone (RZ-02-004) (ordinance #03-996) for Murdoch
Subdivision No. 2. The Police Department property was not included with the rezone.
d. Utilities:
1. Public Works:
Location of sewer: NA
Location of water: NA
Issues or concerns: None.
e. Physical Features:
1. Canals/Ditches Irrigation: The Hunter Lateral bisects the property and is not tiled.
2. Hazards: Staff is not aware of any hazards that exist on the property.
3. Flood Plain: NA
4. Topography: NA
VII. COMPREHENSNE PLAN POLICIES AND GOALS
The subject property is designated "Civic" and "Commercial" on the Comprehensive Plan Future
Land Use Map. Per the Comprehensive Plan (page 105 and 106), law enforcement facilities, among
others, are listed as appropriate uses for both the Civic and Commercial land use designations.
The UDC does not designate a specific zoning district for a civic land use designation; however, the
requested C-G zone is consistent with the Commercial land use designation.
Since a majority of the surrounding property is commercially zoned and developed and vacant land is
designated commercial on the Future Land Use Map, staff finds the requested C-G zone consistent
with the comprehensive plan. Further, the site is developed with an existing law enforcement facility,
thus the existing use on the site is consistent with the civic and commercial land use designation:
VIIL UNIFIED DEVELOPMENT CODE
A. Schedule of Use: Unified Development Code (UDC) 11-2B-21ists the permitted, accessory,
conditional, and prohibited uses in the C-G zoning district. If the proposed rezone is approved,
the existing police facility (Public/Quasi-Public use) becomes a principally permitted use rather a
conditional use in the current R-8 zone. The specific use standards for public/quasi-public uses
are listed in UDC 11-4-3-30.
B. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G
zoning district apply to this site upon rezoning of the property.
IX. ANALYSIS
The subject applications propose to 1) change the zoning designation of the Police Department
property (9.33 acres) from R-8 (Medium-Density Residential District) to C-G (General Retail and
Police Deparhnent Rezone - 3 -
Service Commercial District) and 2) rescind the recorded development agreement (DA) which
requires conditional use permit approval for any develop on the property. The recorded development
agreement affects all of the lots (11 lots) platted with Murdoch Subdivision No.2.
The Meridian Police Department is in the planning process to construct a new training facility on the
subject property. The Planning Department was contacted to discuss the planning process to facilitate
the construction of the new training facility. In a review of the site, staff determined that future
development was governed by a recorded development agreement that stipulates that all non-
residential uses require a conditional use permit.
At the time, the City was in the process of updating the Comprehensive plan and it was anticipated
the land use designation would be changed from medium density residential to commercial. It was
noted in the DA that the requirement for CUP approval maybe changed at a future date by a revised
development agreement if the properties were rezoned. In 2002, a rezone application requesting a C-
Gzone was granted. The rezone included ten (10) commercial lots platted with Murdoch Subdivision
No. 2 (Exhibit A.2). The rezone did not include the Police Department property. A new DA was not
required nor executed with the rezone, thus, the recorded DA is still valid for the annexed properties
and subject to the CUP process.
Since the property is currently zoned R-8, a conditional use permit is required to expand the public
use on the subject property. If the subject property is rezoned to C-G, the existing facility and any
other future facility would be classified as principally permitted uses. Future development would be
subject to administrative approval (CZC and Design Review) as would any future expansion that may
be planned for the site. Since a majority of the property surrounding the Police Station is zoned C-G
or designated commercial on the future land use map, staff believes the requested zoning district is
appropriate and should not impact surrounding properties. The same findings were made with the
approval of the rezone application in 2002.
Due to the commercial and industrial development in the area, other properties having been rezoned
to C-G, and the vacant property to the south is designated commercial on the Future Land Use Map,
staff believes the CUP process is no longer necessary and the recorded development should be
terminated. Further, Staff is of the opinion that the UDC and the Meridian Design Manual (the UDC
and Meridian Design Manual were not adopted at the time) provide the necessary tools to evaluate
future development in this area.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Property Rezoned to C-G in 2002
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
C. Legal Description and Exhibit Map
D. Required Findings from Unified Development Code
Police Department Rezone - 4 -
A. Drawings
1. Vicinity Map
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Exhibit A
Exhibit A - 2 -
2. Property Rezoned to C-G in 2002
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 REZONE
1.1.1 The legal description for the proposed rezone submitted with the application (prepared on
September 9, 2010, by Glenn Bennett, PLS) shows the property within the existing corporate
boundary of the City of Meridian (see Exhibit C).
1.1.2 Future construction and development of the site shall comply with the standards listed in UDC
11-3A-19 and the objectives and guidelines of the Meridian Design Manual in effect at the time
of development.
1.1.3 Certificate of Zoning Compliance and Administrative Design Review applications are required to be
submitted to the Planning Department for approval of all future buildings/uses on the site, prior to
issuance of building permits.
1.1.4 Development of the subject property shall comply with the C-G standards listed in UDC 11-2B-3.
The uses allowed pursuant to this agreement are those uses allowed in the C-G zoning district
listed in UDC Table 11-2B-2.
1.1.5 All future development of the subject property shall comply with City of Meridian ordinances in
effect at the time of development.
1.1.6 Upon approval of the rezone ordinance, the Legal Department shall modify the. development
agreement recorded as instrument #100040596 for the sole purpose of terminating the
development agreement.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no issues or concerns with this application.
3. FIRE DEPARTMENT
3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in
accordance with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire Hydrants shall have the 4 'h" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
£ Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
3.3 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide and support an imposed weight of 75,000
GVW.
3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site, as set forth in
International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
Exhibit B - 1 -
3.5 Commercial and office occupancies will require afire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix C.
3.6 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official as set forth in International Fire
Code Section 508.5.1. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be
600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
3.7 There shall be a fire hydrant within 100' of all fire department connections as set forth in local
amendment to the International Fire Code 10-4-2L.
3.8 Buildings over 30' in height are required to have access roads in accordance with the International
Fire Code Appendix D Section D105.
3.9 COMMERCIAL AND INDUSTRIAL -Buildings or facilities exceeding 30 feet (9144mm) or
three stories in height shall have at least three means of fire apparatus access for each structure. Two
of the access roads shall be placed a distance apart equal to not less than one half of the length of the
overall diagonal dimension of the property or area to be served, measured in a straight line as set
forth in International Fire Code Appendix D104.1.
3.10 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater
than 150 feet in length that is not provided with an outlet shall be required to have an approved
turn around. Phasing of the project may require a temporary approved turn around on streets
greater than 150' in length with no outlet.
Exhibit B - 2 -
C. Legal Description and Exhibit Map
REZONE BOUNDARY DESCRIPTION
FOR THE
CITY OF MERIDIAN
RH ZONING TO CG ZONING
A parcel located in the N '~ of the SE '/. of the NE '/. of Section l8, Township 3 North, Range 1
East, Boise Meridian, and being Lot 8 of Block 2 of MURDOCHSUBDIVISIONNO. 1 as shown
in Book 83 of Plats at Page 9158 in the office of the Recorder, Ada County, Idaho, more
particularly described as follows:
Commencing at a brass cap monument marking the southeasterly corner of the NE '/. of said
Section 18, from which a brass cap monument marking the northeasterly comer of said NE %.
bears N 0°31' I S" E a distance of 2658.81 feet;
Thence N 0°3l'LS" E along the easterly boundary of said NE %. a distance of 664.63 feet to the
southeasterly comer of said N 'fi of the SE '/. of the NE '/.;
Thence leaving said easterly boundary S 89°36'07" W along the southerly boundary of said N f.
of the SE '/s of the NE '/. a distance of 316.10 feet to the southeasterly comer of said Lot 8 and
the POINT OF BEGINNING;
Thence wntinuing S 89°36'07" W along said southerly boundary, said boundary also being the
southerly boundary of said Lot 8, a distance of 1010.13 feet to the southwesterly comer of said
Lot 8 and said N h of the SE '/. of the NE '/.;
Thence leaving said southerly boundaries N 0°29'39" E along the westerly boundary of said
Lot 8 and said N'h ofthe SE'/. of the NE'/. a distance of 402.91 feet to the northwesterly comer
of said Lot 8, said point also being on the southerly right-of--way of Watcrtower Street;
Thence leaving said westerly boundaries N 89°39'40" E along said southerly right-of--way a
distance of 1010.31 feet to the northeasterly comer of said Lot 8;
Thence leaving said southerly right-of--way S 0°31'15" W a distance of 401.87 feet to the POINT
OF BEGINNING.
This parcel contains 9.33 acres and is subject to any easements existing or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
September 9, 2010
RE F~PPROVAL
BY v
SEP 10 20~
MERIDIAN PUBLIC
WORKS DEPT.
Exhibit C - 1 -
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Exhibit C - 2 -
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to rezone the subject property from R-8 to C-G. The Council
finds that the proposed zoning map amendment and the existing use on the site complies
with the applicable provisions of the Comprehensive Plan.
b. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
The Council finds that the proposed map amendment to C-G will help expedite the
development review process for the site thus improving services for the citizens of
Meridian.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. Staff recommends that the Commission and Council rely
on any oral or written testimony that maybe provided when determining this fmding.
d. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City
including, but not limited to, school districts; and,
The Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to
this site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
This finding is not applicable as the applicant is requesting approval of a rezone, not
annexation.
Exhibit D - 1 -