HomeMy WebLinkAboutSouthwoods Subdivision RZ-04-004
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR REZONE OF 6.22
ACRES FROM R-4 TO R-15 AND L-
0 ZONES FOR PROPOSED
SOUTHWOODS SUBDIVISION,
LOCATED 2090 S. MERIDIAN
ROAD, APPROXIMATELY Yz MILE
SOUTH OF THE SOUTHEAST
INTERSECTION ON OVERLAND
ROAD AND MERIDIAN ROAD,
MERIDIAN, IDAHO
CALLDERWOOD COMMUNITY,
APPLICANT
CIC 06-01-04
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Case No. RZ-04-004
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL OF REZONE
The above entitled rezone application having come on for public hearing on June
1,2004, at the hour of7:00 o'clock p.m., Steve Siddoway for the Planning and Zoning
Department, Police Chief Bill Musser, Rob Perez, Doug Clegg, Scott Stewart, Lester Britton,
Richard Openshaw, Gary Phillips, and Blaine Bennett, appeared and testified, 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, and Decision and Order:
FINDINGS OF FACT
1.
The notice of public hearing on the application for rezone was published for two
(2) consecutive weeks priofto said public hearing scheduled for June I, 2004, before the City
Council, the first publication appearing and written notice having been mailed to property owners
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FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER OF DENIAL OF REZONE -
SOUTHWOODS SUBDIVISION - (RZ-04-004)
or purchasers of record within three hundred (300') feet 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 I, 2004, public hearing; and the applicant, affected property
owners, and government subdivisions providing services within the planning jurisdiction ofthe
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 §§11-2-416E and 11-2-417A, Municipal Code of the
City of Meridian.
3.
The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Title II, Municipal Code of the City of Meridian, 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 Impact Area
Boundary.
4.
The property is approximately 6.22 acres in size and the subject rezone property is
located at 2090 S. Meridian Road, approximately Y2 mile south of the southeast intersection on
Overland Road and Meridian Road, Meridian, Idaho. The property is designated in the
Comprehensive Plan as Medium Density Residential.
5.
The owner of record of the subject property is Calderwood, LLC.
6.
Applicant is Calderwood, LLC.
7.
The property is presently zoned as R-4 and consists of two residential properties.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL OF REZONE -
SOUTHWOODS SUBDIVISION - (RZ-O4-004)
Page 2 of7
8.
The Applicant requests the property be zoned as R-IS and L-O.
9.
The subject property is bordered to the north by RUT, to the south by R-4, to the
east by R-4, and to the west by R-8.
10.
The Applicant proposes to develop the subject property in the following manner:
As an assisted living and independent living center and as a light office development.
11.
There are no significant or scenic features of major importance that affect the
consideration of this application.
12.
The City Council recognizes the letters and emails of concern ITom neighbors in
the adjoining Meridian Greens Subdivision.
13.
The R-IS zoning would be incompatible with the surrounding single family
residential properties, as there has been no change in the area to justifY the R -15 zoning and the
area is designated on the Land Use Map as Medium Density Residential.
14.
The proposed use of the Alzheimer facility would not be harmonious nor
appropriate with the existing character ofthe general vicinity, MCC 11-15-11.
15.
The proposed Alzheimer facility would be disturbing and noise to the surrounding
and adjacent neighbors due to the shift changes of employees, headlights ITom traffic going in
and out of the facility, noisy patients, garbage pickup services, security isssues, etc. Additional
information is needed on whether noise from the facility would affect the proposed residential
uses.
16.
applicant.
17.
There has not been an application for a Comprehensive Plan Amendment by the
The applicant has not provided sufficient information as to the compatibility of
residential zoning in this particular area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL OF REZONE -
SOUTHWOODS SUBDIVISION - (RZ-O4-004)
Page 3 of7
18.
It is not in the best interests of the City of Meridian to rezone this property.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to rezone real property upon written request
for rezone.
2.
The City Council may take judicial notice of government ordinances, and policies,
and of actual conditions existing within the City and State.
3.
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 Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No.
02-382.
4.
The requested zoning of Medium High Density Residential (R-15) is defined in
the Zoning Ordinance at 11-7-2 E as follows:
(R-15) Medium Hil!h Densitv Residential District: The purpose of the R-8 District is to
permit the establishment of medium-high density single-family attached and multi-family
dwellings 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, apartment buildings and
condominiums.
5.
Idaho Code § 67-6SII(c) provides in matters where the City Council is
considering a zoning designation application as follows:
"If the request is found by the governing board to be in conflict with the adopted
plan, or would result in demonstrable adverse impacts upon the
delivery of services by any political subdivision providing public services,
including school districts, within the planning jurisdiction, the governing board
may require the request to be submitted to the planning or planning and zoning
commission or, in absence of a commission, the governing board may consider an
amendment to the comprehensive plan pursuant to the notice and hearing
procedures provided in section 67-6509, Idaho Code. After the plan has been
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER OF DENIAL OF REZONE -
SOUTHWOODS SUBDIVISION - (RZ-O4-004)
Page 4 of7
6.
amended, the zoning ordinance may then be considered for amendment pursuant
to section 67-651 I (b), Idaho Code."
The City's authority to make and enforce ordinances are confined to
within the City's boundaries as provided in Article XII § 2 of the Constitution of the
State ofIdaho.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby order and this does order:
1.
That the application for rezoning is denied for the following reasons:
a)
The City Council recognizes the letters and emails of concern ITom
neighbors in the adjoining Meridian Greens Subdivision.
b)
The R-15 zoning would be incompatible with the surrounding single
family residential properties, as there has been no change in the area to
justifY the R-15 zoning and the area is designated on the Land Use Map as
Medium Density Residential.
c)
The proposed use of the Alzheimer facility would not be harmonious nor
appropriate with the existing character of the general vicinity, MCC 11-15-
11.
d)
The proposed Alzheimer facility would be disturbing and noise to the
surrounding and adjacent neighbors due to the shift changes of employees,
headlights ITom traffic going in and out of the facility, noisy patients,
garbage pickup services, security isssues, etc. Additional information is
needed on whether noise ITom the facility would affect the proposed
residential uses.
e)
There has not been an application for a Comprehensive Plan Amendment
by the applicant.
f)
The applicant has not provided sufficient information as to the
compatibility of residential zoning in this particular area.
g)
It is not in the best interests of the City of Meridian to rezone this property.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER OF DENIAL OF REZONE -
SOUTHWOODS SUBDIVISION - (RZ-O4-004)
2) Based upon the section set forth in item no. I the application for zoning designation
is dismissed.
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 may be filed.
Please take notice that this is a final action of the governing body ofthe City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek ajudicial review as provided by
Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the ~Qrwlday of
----3ùtìe.-
,2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED ~A-
VOTED ~IC
VOTED fj£tV
VOTED ~A-
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COUNCILMAN BILL NARY
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER OF DENIAL OF REZONE -
SOUTHWOODS SUBDIVISION - (RZ-O4-004)
MAYOR TAMMY de Weerd (TIEBREAKER)
VOTED
DATED:
6-- z '2- -~ 1-
APPROVED:
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,
¿JJI. L.'2- ^- L
~i1J H-C-~
DISAPPROVED:
MOTION:
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and the City Attorney.
BY:~Ol m JJ lUJflU
City Clerk's Office
Dated:
ì-2-o4
Z:\WOIk\MIMeridianIMeridian 15360MlSouthwoods Sub RZ<J4-004 PP-O4-007 CUN)4-008 Denial FindingsIRZ Denial Findings.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL OF REZONE -
SOUTHWOODS SUBDMSION - (RZ-O4-004)
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