HomeMy WebLinkAboutTiburon Meadows Subdivision RZ-04-007
BEFORE THE MERIDIAN CITY COUNCIL
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
The above entitled rezoning application having come on for public hearing on July 6,
IN THE MATTER OF THE
APPLICATION FOR REZONE OF
10.69 ACRES FROM R-4 TO R-4, R-
8 AND L-O ZONES FOR TIBURON
MEADOWS SUBDIVISION,
LOCATED AT 1450 AND 1460 TEN
MILE ROAD, APPROXIMATELY V.
MILE SOUTH OF THE
SOUTHEAST INTERSECTION OF
TEN MILE ROAD AND CHERRY
LANE, MERIDIAN, IDAHO
TIBURON MEADOWS, LLC,
APPLICANT
CIC 07/06104
Case No. RZ-04-007
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
2004, at the hour of7:00 p.m., and Brad Hawkins-Clark for the Planning and Zoning
Department, and Ron Sargent, 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.
There has been compliance with all notice and hearing requirements set forth in
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIBURON MEADOWS SUBDIVISION 1 (RZ-04-007)
PAGE I OF 13
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
2.
The City Council takes judicial notice of its zoning, subdivision and development
ordinances codified at Titles 11 and 12, Meridian City Code, 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.
3.
The property which is the subject of the application for rezone as described in the
application, is approximately 10.69 acres in size and is located at 1450 and 1460 North Ten Mile
Road, approximately Y2 mile south ofthe southeast intersection ofTen Mile Road and Cherry
Lane, Meridian, Idaho, all within the Area ofImpact of the City of Meridian and the Meridian
Urban Service Planning Area as defined in the Meridian Comprehensive Plan.
4.
The owners of record of the subject property are Stonehouse Evangelical Church
and Greta Huit, Trustee for the Huit 1992 Revocable Trust, and they have submitted notarized
consent for the subject application for Tiburon Meadows, LLC. Tiburon Meadows, LLC has a
sale pending on the northern parcel, for the eastern portion, (1460 North Ten Mile Road) and the
property is proposed to close on or before February 26, 2005, with Greta Huit, Trustee for the
Huit 1992 Revocable Trust. Additionally, Tiburon Meadows, LLC has sale pending on the
southern two parcels, for the eastern portion and public road from Ten Mile Road to the PUD,
(1450 North Ten Mile Road), and the property is proposed to close on or before January 6,2005.
Applicant is Tiburon Meadows, LLC.
5.
The property is presently zoned R-4, and consists of an existing church and an
existing home.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIBURON MEADOWS SUBDIVISION 1 (RZ-O4-007)
PAGE 2 OF 13
6.
The Applicant requests the property be zoned as R-4, R-8 and L-O.
7.
The subject property is bordered to the north by R-4 zoning, to the south by R-4
zoning, to the east by R-4 zoning, and to the west by CoN zoning and R-4 zoning.
8.
The Applicant proposes to develop the subject property in the following manner:
As a residential planned development. The existing church will remain and the applicant is
proposing to rezone an existing residential lot to L-O for commercial development.
9.
The Applicant requests zoning of the subject real property as R-4, R-8 and L-O.
The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as
Mixed-Use Community and Public 1 Quasi-Public.
10.
There are no significant or scenic features, or no significant existing trees, of
major importance that affect the consideration of this application.
11.
Giving due consideration to the comments received from the
governmental subdivisions providing services in the City of Meridian planning jurisdiction,
public facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed:
A.
Adopt the Recommendations of the Planning and Zoning Department as follows:
1.
The Applicant has submitted new legal descriptions identifying each zone.
2.
The required Development Agreement shall include all the conditions of approval
for the corresponding applications, Preliminary Plat (PP-04-016), and
Conditional Use Permit (CUP-04-013).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIBURON MEADOWS SUBDIVISION 1 (RZ-O4-007)
PAGE 3 OF 13
B.
Adopt the action of the City Council taken at their July 6, 2004 meeting as follows:
For clarification:
I.
The Applicant has spoken with Joe Silva of the Meridian Fire Department, and
pertaining to the church's two points of access, and in particular, the southern access
shall be required to become an emergency access only. Therefore, a three to four foot
high gate, which shall be approved by the Meridian Fire Department, shall be
provided for use by emergency vehicles only.
2.
The Applicant's property encroaches 30 feet into the District's easement, including to
the center line of the Lateral, which is within the two buildable lots. Therefore, the
Applicant shall be required to obtain an Encroachment Agreement with the Nampa &
Meridian Irrigation District, for this 30 foot encroachment into the Eight Mile
Lateral. This agreement would allow the Homeowners Association access to the
Eight Mile Lateral which is not piped.
3.
Option for the Applicant: Option 1) The garage on Lot 1 shall be demolished, or
Option 2) Lot 1 and Lot 2 shall be combined into one lot.
12.
It is found that the 2002 Comprehensive Plan Future Land Use Map designates the
proposed residential lots of the subject property as "Public 1 Quasi-Public." While the
Comprehensive Plan Future Land Use map does not explicitly support the proposed zone change it is
found that there is a strong argument that the Comprehensive Plan policies do support the proposed
zone change.
A key component of this argument is the relative flexibility of Meridian's
Comprehensive Plan (quoted below) as described in Chapter I, Section B of the Comprehensive
Plan.
"The Meridian Comprehensive Plan is an official policy guide for decisions
concerning the physical development of the community. It indicates, in a general way, how the
community may develop in the next five to ten years."
Furthermore, in Chapter VII, Section C Future Conditions states the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIBURON MEADOWS SUBDIVISION 1 (RZ-O4-007)
PAGE 4 OF 13
"Figure VII-2 [The Comprehensive Land Use Map] depicts desired future land use categories
and their location within the Impact Area. The areas depicted on the map are conceptual and,
therefore, will require further analysis prior to the creation of a zoning map."
While the proposed zone change does not explicitly comply with the "Publici Quasi-
Public" designation, upon further analysis, it is found that the proposed zone change does fit with the
residential development patterns of the surrounding area and it would be appropriate to extend the
Medium Density Residential designation to this property. The subject property is surrounded by
residential subdivision to the west and to the south. It is found that the proposed rezone of a parcel
located adjacent to property zoned as residential, meets the intent of the Comprehensive Plan for the
future development of the area.
Proposed L-Ozoninl! for existinl! residence
While the proposed rezone complies with the Comprehensive Plan designation of Mixed-Use
Community, the existing residential uses do not comply with the L-O zoning designation,
and there is no indication when the residential uses will end. Single family residential
development is prohibited in the L-O zone and approval ofthe rezone to L-O would create a
non-conforming use. Additionally, Meridian's Strategic Plan lists reducing non-conforming
uses as a Strategic Plan goal. Although Staff is generally supportive of the L-O zoning in
this location, the timing is not appropriate.
Recommended L-O zoninl! for existinl! church
The existing church parcels (lots 40 and 41 of the proposed subdivision) are currently zoned
R-4. The existing church is currently a nonconforming use in the R-4 zone and it is
recommended that the applicant rezone the property to L-O to bring the property into
conformance with City Code. If the property is not rezoned with the current applications, the
applicant will be required to obtain conditional use approval before any improvements or
new buildings can be added to the church property. Conditional use approval is required for
the expansion of a non-conforming use.
13.
It is not anticipated that the property will be rezoned in the future.
14.
The proposed R-8 development would be allowed under the new zoning; the existing
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIBURON MEADOWS SUBDIVISION I (RZ-O4-007)
PAGE 5 OF 13
single family home would not be allowed under the proposed L-O zoning. It is found that the
applicant has submitted development plans for a new plat and Conditional Use Permit for the
property. If the proposed CUP is granted, the plat will be allowed as proposed.
15.
It is found that the City's Comprehensive Plan policies have provided the applicant
with the ability to request the R-8 zone for the subject property. Additionally, residential
development to the west and to the south of the subject property dictate that the church's
undeveloped property could be rezoned for residential uses.
16.
It is found that the proposed development is designed in a manner that will be
harmonious with and appropriate in appearance with the existing residential neighborhoods and
commercial areas along Ten Mile Road and the intended character of the area.
17.
It is found that the requested rezone should not be disturbing to existing or future
neighboring uses. Existing residential subdivisions are located to the south and west of the subject
property.
18.
It is found that proposed uses can be adequately served by all essential public services
and facilities. Drainage will be retained on site.
19.
It is found that the requested uses will not create excessive additional requirements at
public costs for public facilities and services. The proposed development is accessed off of existing
public streets and the developer will pay for the extension of public services to the subject property.
Additionally, it is found that the proposed rezone would not be detrimental to the economic welfare
of the community.
20.
It is found that the proposed R-8 zoning designation of the property does not
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TffiURON MEADOWS SUBDIVISION I (RZ-O4-007)
PAGE 6 OF 13
inherently allow uses that will generate activities, processes, materials, equipment, and conditions
that are detrimental to the general welfare of the community.
21.
It is found that the proposed R-8 zoning will not interfere with general traffic patterns
on any public streets. The applicant has proposed to turn the existing access point at the south of the
subject property into an emergency access point. Refer to the ACHD staff report for a full report on
traffic issues.
22.
It is found that there are no natural or scenic features of major importance which will
be lost through the development of the subject property.
23.
It is found that the proposed rezone would be in the best interest of the City. The
proposed R-8 zone and proposed development will be an asset to the City of Meridian. The proposed
patio home development will help to increase the diversity of Meridian' s housing types by providing
a housing choice for residents (especially seniors) who want the option of owning a patio home
which will require less upkeep than a traditional single-family home with a large lot size and a floor
plan designed for families.
24.
It is found that if the developer pays for the requested improvements and complies
with the conditions set forth in these Findings of Fact No. 11 and all sub-parts, the economic
welfare of the City and its residents and tax and rate payers will be protected, a condition of
annexation and zoning designation.
25.
It is also found that the development considerations as referenced in Finding No.
11 are reasonable to require and must be taken into account, in order to assure the proposed
development is designed, constructed, operated and maintained in a manner which is harmonious
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIBURON MEADOWS SUBDIVISION I (RZ-O4-007)
PAGE 7 OF 13
and appropriate in appearance with the existing, or intended character of the general vicinity, in
order to assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing,
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the area of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2.
The 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 Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
Resolution No. 02-382.
4.
The zoning of (R-4) Low Density Residential District, (R-8) Medium Density
Residential District and (L-O) Limited Office District are defined in the Zoning Ordinance at § 11-7-
2 C, D, and G as follows:
(R-4) Low Density Residential District: Only single-family dwellings shall be permitted
and no conditional uses shall be permitted except for planned residential development and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TffiURON MEADOWS SUBDIVISION I (RZ-O4-007)
PAGE 8 OF 13
public schools. The purpose of the R-4 District is to permit the establishment oflow density
single-family dwellings, and to delineate those areas where predominantly residential
development has, or is likely to occur in accord with the Comprehensive Plan of the City, and
to protect the integrity of residential areas by prohibiting the intrusion of incompatible
nonresidential uses. The R-4 District allows for a maximum offour (4) dwelling units per
acre and requires connection to the Municipal water and sewer systems of the City.
(R-B) Medium Densitv Residential District: The purpose of the R-8 District is to permit
the establishment of single- and two-family dwellings at a density not exceeding eight (8)
dwelling units per acre. This District delineates those areas where such development has or
is likely to occur in accord with the Comprehensive Plan of the City and is also designed to
permit the conversion of large homes into two-family dwellings in well-established
neighborhoods of comparable land use. Connection to the Municipal water and sewer
systems of the City is required.
(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 ofa 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.
5.
Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation ofland. See Burt vs. The Citv ofIdaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
6.
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, which pertains to the piping of
ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and
Subdivision and Development Ordinance of the City of Meridian.
7.
Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIBURON MEADOWS SUBDIVISION I (RZ-O4-007)
PAGE 9 OF 13
and/or developer shall enter into a Development Agreement, if required by the City.
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:
I.
The applicant's request for annexation and zoning of approximately 10.69 acres to
Low Density Residential District (R-4), Medium Density Residential District (R-8), and (L-O)
Limited Office District is granted subject to the terms and conditions of this Order hereinafter stated.
2.
The application is for annexation and zoning of 10.69 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
3.
Developer shall be required to meet the conditions set forth and in the event the
conditions herein are not met by the Developer that the property shall be subject to de-annexation,
with the City of Meridian, which provides for the following conditions of development, to-wit:
A. Adopt the Recommendations of the Planning and Zoning Department as follows:
I.
The Applicant has submitted new legal descriptions identifying each zone.
2.
The required Development Agreement shall include all the conditions of approval
for the corresponding applications, Preliminary Plat (PP-04-0 16), and
Conditional Use Permit (CUP-04-013).
B. Adopt the action of the City Council taken at their July 6, 2004 meeting as follows:
For clarification:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TffiURON MEADOWS SUBDIVISION I (RZ-04-007)
PAGE 10 OF 13
1.
The Applicant has spoken with Joe Silva of the Meridian Fire Department, and
pertaining to the church's two points of access, and in particular, the southern access
shall be required to become an emergency access only. Therefore, a three to four foot
high gate, which shall be approved by the Meridian Fire Department, shall be
provided for use by emergency vehicles only.
2.
The Applicant's property encroaches 30 feet into the District's easement, including to
the center line of the Lateral, which is within the two buildable lots. Therefore, the
Applicant shall be required to obtain an Encroachment Agreement with the Nampa&
Meridian Irrigation District, for this 30 foot encroachment into the Eight Mile
Lateral. This agreement would allow the Homeowners Association access to the
Eight Mile Lateral which is not piped.
3.
Option for the Applicant: Option 1) The garage on Lot 1 shall be demolished, or
Option 2) Lot 1 and Lot 2 shall be combined into one lot.
4.
The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation ofthe real property which is the subject ofthe
application to (R-4) Low Density Residential District, (R-8) Medium Density Residential District,
and (L-O) Limited Office District and Meridian City Code § 11-7-2.
5.
Subsequent to the passage of the Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance
with the provisions of the annexation and zoning 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 fmal decision concerning the matter at
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TffiURON MEADOWS SUBDIVISION I (RZ-04-007)
PAGE 11 OF 13
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 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 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
Z- 7 #-- day of
¿T~
,2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED æ6~
COUNCILMAN CHARLIE ROUNTREE
VOTED~
COUNCILMAN KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: 7-t-?--O 4---
VOTED-
MOTION:
APPROVED:---X:- DISAPPROVED:-
~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIBURON MEADOWS SUBDIVISION I (RZ-04-007)
PAGE 12 OF 13
Attest:
~ ~
By: ~ ){)..¡~Il 'K]Q~
City Clerk
Dated:
gd-o4
Z:\Work\M\Meridi8nlMeridian ISJ60MlTiburon Meadows Sub RZ-04-007 PP.j)4.j)16 CUP.j)4-01JIRZFfCI&Order.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING
TIBURON MEADOWS SUBDIVISION I (RZ-04-007)
PAGE 13 OF 13