HomeMy WebLinkAboutSecret Garden Subdivision AZ-04-015
BEFORE THE MERIDIAN CITY COUNCIL
C/C 08/10/04
IN THE MATTER OF THE
REQUEST FOR REZONING OF 11.1
ACRES FROM RUT TO R-8 FOR
SECRET GARDEN SUBDIVISION
Case No. AZ-O4-015
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FINDINGS OF FACT,
CONCLUSIONS OF LAW AND
ORDER AND DECISION
GRANTING APPLICATION
FOR REZONING
PINNACLE ENGINEERS, INC.
Applicant
The above entitled rezoning application having come on for public hearing on August 10,
2004, at the hour of7:00 p.m., and Anna Canning, and Chris Hobbs, 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
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 II 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR REZONING; SECRET GARDEN SUBDIVISION - AZ 04-015
PAGE 1 OF8
3.
The property is approximately 1.11 acres in size and is located at the half mile
between Fairview Avenue and Ustick Road on the east side of Locust Grove Road, within
Section 5, Township 3 North, Range I East.
4.
Oliver Cleaver and Debbie A. Cleaver are the current property owners and Oliver
Cleaver has provided notarized consent for the subject application.
outbuildings.
5.
The Applicant is Pinnacle Engineers, Inc.
6.
The subject property is currently zoned R-8 and contains an existing residence and
7.
The Applicant requests the property be zoned L-O (0.21 acres) and R-8 (0.89
acres), which is existing.
8.
The property which is the subject ofthis application is within the Area of Impact
of the City of Meridian.
9.
The entire parcel of the property is included within the Meridian Urban Service
Planning Area as defined in the 2002 Meridian Comprehensive Plan.
10.
The Applicant proposes to develop the subject property in the following manner:
convert the residence to an office building and construct six (6) town homes.
11.
The Applicant requests a rezone of a portion of the subject real property to L-O
which is consistent with the Meridian Comprehensive Plan Future Land Use Map, which
designates the subject property as Medium Density Residential (which allows up to 20% of the
residential area to be used as non-residential under a Planned Development).
12.
There are no significant or scenic features of major importance that affect the
consideration of this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR REZONING; SECRET GARDEN SUBDMSION - AZ 04-015
PAGE 2 OF 8
The City Council of the City of Meridian hereby approves the requested Rezoning as
requested by the Applicant and as amended by a subsequent Rezone application for the property
described in the application, subject to the following:
A.
Adopt the Comments of the Meridian Planning & Zoning and Public Works Departments
as follows:
REZONE COMMENTS
1.
The revised rezone legal description, stamped by Land Surveyor Kevin N. Sorensen,
correctly describes the L-O zone portion of the site (Lot I, Block I) and is approved
herewith. The portion of the site to be rezoned from R-8 to L-O is approximately
12,620 square feet.
2.
The requested zoning designation ofL-O is compatible with the City of Meridian's
Zoning Ordinance.
3.
The subject property is within the Urban Service Planning Area. Essential City
services are available to the subject property.
4.
Any existing domestic wells and/or septic systems within this project will have to
be removed ftom their domestic service per City Ordinance Section 5-7-517.
Wells may be used for non-domestic purposes such as landscape irrigation.
B.
The Applicant shall also comply with the conditions and requirements ofthe corresponding
orders for applications for this project, which are Preliminary Plat - PP-04-020, and
Conditional Use Permit - CUP-04-022, which orders are hereby incorporated herein by this
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR REZONING; SECRET GARDEN SUBDIVISION - AZ 04-015
PAGE 3 OF 8
reference as though fully set forth.
CONCLUSIONS OF LAW
1.
The Council may take judicial notice of govermnent 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.
3.
The project follows the pertinent provisions of the City of Meridian Comprehensive
Plan that are applicable to this Application.
4.
The zoning of(R-8) Medium Density Residential is defined in the Zoning Ordinance
at § 11-7-2 D as follows:
(Ro8) Medium Density 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 ofthe 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.
5.
The zoning of(L-O) Limited Office is defined in the Zoning Ordinance in the Zoning
Ordinance at § 11-7-2 G as follows:
L-O District: The purpose ofthe 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 of a nature offensive to the overall purpose ofthis
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR REZONING; SECRET GARDEN SUBDIVISION - AZ 04-015
PAGE 4 OF 8
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.
6.
Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall enter into a Development Agreement, if such is 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:
1.
The applicant's request for rezoning of approximately 0.290 acres to (L-O) Limited
Office is granted subject to the terms and conditions ofthis Order hereinafter stated.
2.
The application is for rezoning of 0.290 acres. The legal description shall be prepared
by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the
provisions of the City of Meridian Resolution No. 158
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 Comments of the Meridian Planning & Zoning and Public Works Departments
as follows:
REZONE COMMENTS
1.
The revised rezone legal description, stamped by Land Surveyor Kevin N. Sorensen,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR REZONING; SECRET GARDEN SUBDIVISION - AZ 04-015
PAGE 5 OF 8
correctly describes the L-O zone portion of the site (Lot I, Block I) and is approved
herewith. The portion of the site to be rezoned ftom R-8 to L-O is approximately
12,620 square feet.
2.
The requested zoning designation of L-O is compatible with the City of Meridian's
Zoning Ordinance.
3.
The subject property is within the Urban Service Planning Area. Essential City
services are available to the subject property.
4.
Any existing domestic wells and/or septic systems within this project will have to be
removed ftom their domestic service per City Ordirtance Section 5-7-517. Wells may
be used for non-domestic purposes such as landscape irrigation.
B.
The Applicant shall also comply with the conditions and requirements of the corresponding
orders for applications for this project, which are Preliminary Plat - PP-04-020, and
Conditional Use Permit - CUP-04-022, which orders are hereby incorporated herein by this
reference as though fully set forth.
C.
The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the rezoning designation of the real property which is the subject of the
application to (L-o) Limited Office and (R-8) Medium Density Residential District, and
Meridian City Code § 11-7-2.
D.
Subsequent to the passage of the Ordinance provided for in section C 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR REZONING; SECRET GARDEN SUBDIVISION - AZ 04-015
PAGE 6 OF 8
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 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 a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
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By action of the City Council at its regular meeting held on the o¡
day of
SepkJY\Þcv
,2004.
ROLL CALL
COUNCILMAN SHAUN WARDLE
i
VOTED ~J,ý.-
COUNCILMAN BILL NARY
VOTED~-
COUNCILMAN CHARLIE ROUNTREE
VOTED~
COUNCILMAN KEITH BIRD
VOTED*-
u
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR REZONING; SECRET GARDEN SUBDIVISION - AZ 04-015
PAGE 7 OF 8
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: c:¡- 7~tl4-
VOTED -
MOTION:
APPROVED:----2L- DISAPPROVED:-
Attest:
By: .1cwl ~ Q Q f't...J
City Clerk's Office
Dated: q. 24 -04
Z:IWork\M\MeridianlMeridian 15360MlSecret GardenISecGardAZFFCWRD AZ-O4-015.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION
FOR REZONING; SECRET GARDEN SUBDIVISION - AZ 04-015
PAGE 8 OF 8