Loading...
Rock Creek Subdivision RZBEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/01/04 IN THE MATTER OF THE ) REQUEST FOR REZONE OF 7.48 ) ACRES FOR ROCK CREEK ) SUBDIVISION FROM L-O TO R-15, ) LOCATED ON THE SOUTH SIDE ) OF PINE AVENUE, ) APPROXIMATELY 1,200 FEET ) EAST OF CINDER ROAD, WITHIN ) SECTION 12, TOWNSHIP 3 ) NORTH, RANGE 1 WEST, ) MERH)IAN, IDAHO ) TREASURE VALLEY ) DEVELOPMENT, ) Applicant. ) Case No: RZ-04-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of 7.48 acres having come on for public hearing on June 1, 2004, at the hour of 7:00 o'clock p.m., and Council having received the report of Brad Hawkins-Clark for the Planning and Zoning Department, and Bruce Freckleton Engineering Technician III, and Steve Siddoway for the Planning and Zoning Department, Rod Ralphs, Greg Embry, and Maxine Johnson, appeared and testified, 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 FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION / (RZ-04-002) PAGE 1 OF 15 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 June 1, 2004, before the City Council, the first publication appearing and written nofice 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 1, 2004, 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 Area Boundary. 4. The property is approximately 7.48 acres in size and is located on the south side of Pine Avenue, approximately 1,200 feet east of Linder Road, within Section 12, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION / (RZ-04-002) PAGE 2 OF 15 Township 3 North, Range 1 West, Meridian, Idaho, and said legal description is on file with the Clerk's office at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 5. The owner of record of the subject property is Fiscal Funding Company of San Francisco, California, and Calvin B. Grigsby representing Fiscal Funding Company, has submitted notarized consent for John Sieckert of Treasure Valley Development of Boise, Idaho to submit the subject application. 6. The Applicant is Treasure Valley Development. The property is presently zoned as L-O and consists of vacant property. 8. The Applicant requests the property be rezoned to R-15. 9. The proposed site is bordered to the north by R-4, to the south by UPRR, to the east by a church (R-4), and to the west by L-O. 10. The subject property is within the Area of Impact 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. 12. The Applicant proposes to develop the subject property in the following manner: amulti-family residential subdivision consisting of 92 units and two office lots. 13. The Applicant's requested rezoning of the subject real property as R-15 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as High Density Residential. 14. The Nine Mile Creek is a significant feature that affects the consideration of this application. 15. In review of the application for rezone it is provided at Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION / (RZ-04-002) PAGE 3 OF 15 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 chazacter 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; 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION / (RZ-04-002) PAGE 4 OF 15 15.2 Staff conditions provide as follows: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: REZONE SITE SPECIFIC CONDTI'IONS 1. Essential City services will be made available to the subject property. 2. The Applicant has submitted a new legal description for staff approval which retains the existing L-O zone on Lots 2 and 3 and a portion of Lot 1, Block 1 (for the proposed commercial buildings and pazking lot). 3. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. B. Adopt the Recommendations of ACRD from their report dated March 3, 2004, which lists site-specific requirements, conditions of approval and street improvements, which are required. C. The Applicant shall also be required to comply with the corresponding application conditions and requirements in Preliminary Plat - PP-04-005 and Conditional Use Permit -CUP-04-006. 16. It is found that the 2002 Comprehensive Plan Future Land Use Map designates the subject property as "High Density Residential." The purpose of this designation is "to allow for the development ofmulti-family homes in azeas where urban services aze provided -developments might include duplexes, apartment buildings, townhouses, and other multi-unit structures." (See Chapter VII, pg. 95.) The requested R-15 zoning generally conforms to this stated purpose and intent of the High Density designation. The Comprehensive Plan policies which support the proposed development are as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION / (RZ-04-002) PAGE 5 OF 15 1.3 Community Design Policies -Open Spaces; 1.4 Land Use Residential Policies for new development; 1.SU Balance of Land uses; 1.6 Housing Benefits; 1.7 Sewer; 2.2U Neighborhood Parks; and 2.3U Property Values 17. W est Pine Avenue between Linder Road and Old Town is substantially built-out. The majority of the land uses in the area are medium density residential with other urban services such as churches and schools. Meridian High School and Meridian Middle School are both within ahalfmile of this site. The subject pazcel and the south side of the Tramore development to the west are the largest undeveloped parcels in the immediate vicinity. There are also lazge, undeveloped parcels south of the UPRR, which have Commercial and Mixed Use designations. The main changes that have occurred in the area within the past few years are the construction of the Tramore senior complex and Tremont Subdivision to the east. Since the Nine Mile Drain will likely remain an open irrigation facility with limited vehicle crossings and Union Pacific will likely never approve new crossings of the railroad, the land uses and zoning options for this parcel are fairly limited. The proposed rezone to a high density residential use with controlled public and emergency access points seems to be appropriate and would allow for the limited development potential of this property to proceed. However, Staff does disagree with rezoning the frontage to R-15 where the proposed commercial uses are located, it is recommended that these two buildable lots retain the existing L-O zone. 18. It is found that any future uses, if designed, constructed and operated in accordance with adopted city ordinances and the CUP application, should be harmonious and appropriate in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION / (RZ-04-002) PAGE 6 OF 15 appearance with the intended character of the vicinity. The area is intended to be a mix of high density and medium densityresidential and quasi-public uses. W. Pine Avenue is an urban collector with a bike lane and is designed to accommodate these higher intensive uses. 19. It is found that the proposed commercial buildings could be disturbing to the single family residences in Clarinda Fair Subdivision to the north if they are retail. However, if the L-O zone is retained, the office uses would be compatible. It is also found that the proposed four-plex buildings would compliment the existing Tramore apartment building to the west and the proposed Roundtree four-plexes. 20. It is found that the applicants engineer has demonstrated that the project can be provided sanitary sewer service to the existing mains adjacent to the project site. The existing sewer mains in both W. Pine Ave and adjacent to the Nine Mile Drain are quite shallow, however the applicants engineer has demonstrated that minimum cover can be achieved via placing fill in the lower azeas of the project. The applicant will be required to extend the main along the Nine Mile Drain to the east property line. This main will be extended further east in the future to provide gravity service to an aeea that is currently only serviceable via a lift station. It is also found that ACHD approved the preliminary plat and found that the surrounding public street system can accommodate the proposed use. Sanitary sewer and water are either currently available or under construction to provide service to the azea. On February 27, 2004, a joint agency/department comments meeting was held with representatives ofkeyservice providers to this property. All other public services and facilities noted above appeaz to be adequate to service this property. 21. It is found that this development will not cause excessive additional requirements at public cost. The Meridian Police and Fire Departments have commented that high densityresidential FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVLSION / (RZ-04-002) PAGE 7 OF 15 developments may have the potential for more services than typical single family residential developments. Other required site improvements will be funded and constructed by the developer. 22. The application does not make clear the proposed use(s) ofthe commercial buildings. However, given their limited square footage, it is unlikely these buildings will have tenants that create high impacts on the neighborhood. It is also found that the proposed residential development will create additional traffic on W. Pine and sunrounding streets. However, ACHD estimates the number of trips will be within the threshold of collectors. 23. It is found that any future uses will impact the level and flow of traffic on the surrounding streets. ACHD estimates the site to generate 653 additional vehicle trips per day (0 existing). Sidewalk improvements to W. Pine Ave. are required of the developer to bring the facilities up to acceptable standards. The applicant should comply with ACRD policies in order to preserve the capacity and movement on the adjacent roadways. 24. It is found that the proposed development will not result in the destruction, loss or damage of other natural features. The Nine Mile Drain should be protected from any stormwater run- off or other potentially harmful or polluting substances. 25. It is found that the rezone of this property would be in the best interest of the City. The application substantially complies with the Comprehensive Plan and Future Land Use Map. The rezone would also allow for the development of a vacant parcel of land that has more limitations on the type of uses than many other areas (i.e. Nine Mile Drain, UPRR, limited access). Staff does not consider the existing L-O zone to attract feasible or profitable types ofnon-residential uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 9.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION / (RZ-04-002) PAGE 8 OF 15 CONCLUSIONS OF LAW 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 the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. The requested zoning of Medium High Density Residential District, (R-15) is defined in the Zoning Ordinance at 11-7-2 E as follows: fR-I51 Medium High Density Residential District: The purpose of the R-15 District is to permit the establishment of medium-high density single-family attached and multi- familydwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominant housing types in this District will be patio homes, zero lot line single-family dwellings, townhouses, aparhnent buildings and condominiums. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION / lRZ-04-002) PAGE 9 OF 15 permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject pazcel. 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 aze 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 aze 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. § 11-15-1 lofthe 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 standazds and shall find adequate evidence answering the following questions about the proposed zoning amendment: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-IS BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION / (RZ-04-002) PAGE 10 OF 15 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The azea is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zoning. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The azea 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 destrucfion, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION / (R~04-002) PAGE 11 OF 15 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: The Applicant's request for rezone of approximately 7.48 acres as amulti-family residential subdivision consisting of 92 units and two office lots, 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 Meridian Planning & Zoning Department as follows: REZONE SITE SPECIFIC CONDITIONS 1. Essential City services will be made available to the subject properly. 2. The Applicant has submitted a new legal description for staff approval which retains the existing L-O zone on Lots 2 and 3 and a portion of Lot 1, Block 1 (for the proposed commercial buildings and parking lot). 3. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. B. Adopt the Recommendations of ACHD from their report dated March 3, 2004, which lists site-specific requirements, conditions of approval and street improvements, which are required. C. The Applicant shall also be required to comply with the corresponding application conditions and requirements in Preliminary Plat - PP-04-005 and Conditional Use Permit -CUP-04-006. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.45 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION / (RZ-04-002) PAGE 12 OF 15 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 (R-15) Medium High Density Residential District (Meridian City Code § 11-7-2 E) 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 AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 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 maybe adversely affected by this decision 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 ~ ~`J ~ ; 2004. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-IS BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION / (RZ-04-002) PAGE 13 OF 15 ROLL CALL COUNCILMAN SHAUN WARDLE COUNCILMAN WILLIAM L.M. NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY deWEERD (TIE BREAKER) DATED MOTION: ~-lS 0~ APPROVED: DISAPPROVED: Attest: o~o~y pF MEl~j~~ ~~~, ` ~ C,~ \~~oFwor~y r~ q'L ,~~ 3EWL William G. Berg, Jr., Ci C erk ~~c ,,,o Copy served upon Applicant, the ,r ~itlt~b ~ ' gP~ and the City Attorney. ~'%,~ CoU~ ~~`~~. ''~i;,rh~ii oi,t~ti~`'~ By:~~.~ 4lVL] City Clerk's Office VOTED--;9- VOTED~~ VOTED~~' VOTED VOTED Public Works Department Dated: lD • 2 ~ -(7~- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECLSION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION / (RZ_04-002) PAGE 14 OF 15 Z:\WorklMVderidianlMeridian 15360M~Rock Creek Sub RZ 04-002 PP-04A05 CUPA4-006\FfsClsOrderREZ.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING OF 7.48 ACRES FROM L-O TO R-15 BY: TREASURE VALLEY DEVELOPMENT FOR ROCK CREEK SUBDIVISION / (RZ-04-002) PAGE 15 OF 15