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HomeMy WebLinkAboutLarkspur Subdivision RZ-04-009 BEFORE THE MERIDIAN CITY COUNCIL CC 9/7/04 IN THE MATTER OF THE REQUEST FOR REZONE OF 16.49 ACRES FROM R-4 TO R-4, R-8 AND L-O ZONES FOR A PLANNED DEVELOPMENT FORLARKBPUR SUBDIVISION Case No. RZ-O4-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REZONING APPLICATION Larkspur, LLC, Applicant The above entitled rezoning application having come on for public hearing on September 7, 2004, at the hour of7:00 p.m., and Anna Canning, Ron Sargent, Doug Clegg and Doug Olson, 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, CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REZONING APPLICATION LARKSPUR SUBDIVISION - Case No. RZ-O4-009 Page 10£9 3. The property is 16.49 acres in size and is located at 2090,2190 and 2240 S. Meridian Road, approximately 1/3 mile south of the southeast intersection ofN. Meridian Road and E. Overland Road, Meridian. The property is designated on the Comprehensive Plan as Medium Density Residential. 4. The owners of record ofthe subject property are Calderwood Community, LLC, Jack and Carolyn Siemsen, and Donald Minegar. 5. Applicant is Larkspur, 1LC. 6. The subject property is currently zoned R-4 and consists of existing single family residences. 7. The Applicant requests the property be zoned R-4, R-8 and 1-0. 8. The subject property is bordered to the north by Calderwood Drive and property that is zoned RUT (Ada County). Southern Springs Subdivision is proposed for the property to the north of this RUT property. The property to the south is single-family residential, zoned RUT. The property is bordered on the east by Meridian Greens Subdivision, zoned R-4. The property to the west is bordered by S. Meridian Road and Elk Run Subdivision, zoned R-8. 9. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 10. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 11. The Applicant proposes to develop the subject property in the following manner: as single-family residential, light office, and assisted living. fINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REZONING APPLICATION LARKSPUR SUBDIVISION - Case No. RZ-O4-009 Page 2 of 9 12. The applicant requests zoning of the subject real property as R-4, R-8, and 1-0, which is consistent with the Meridian Comprehensive Plan Future 1and Use Map which designates the subject property as Medium Density Residential. 13. There are no significant or scenic features of major importance that affect the consideration of this application. The City Council of the City of Meridian hereby approves the requested rezoning as requested by the applicant for the property described in the application, subject to the following: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: SITE SPECIFIC COMMENTS (Rezone) 1. The legal description submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 2. The subject property is within the Urban Services Planning Area. 3. A Development Agreement will not be necessary with this rezone. All conditions of approval will be made as part of the plat and conditional Use pennit. B. The Applicant shall also comply with the conditions and requirements ofthe corresponding orders for applications for this project, which are Preliminary Plat - PP-04-023 and Conditional Use Pennit - CUP-04-025 CONCLUSIONS OF LAW 1. The City of Meridian has authority to rezone real property upon written request for rezoning 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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REZONING APPLICATION LARKSPUR SUBDIVISION - Case No. RZ-O4-009 Page 3 of 9 Section 50-222. The Meridian City Code § 11-16 provides the City may rezone 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 govemment 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 project follows the pertinent provisions of the City of Meridian Comprehensive Plan that are applicable to this Application. 5. The zoning of (R-4) Low Density Residential is defined in the Zoning Ordinance at 11-7-2 C as follows: (R-4) Low Density Residential District: Only single-family dwellings, public schools, and public and private parks shall be pennitted and no conditional uses shall be pennitted except for planned developments. The purpose of the R-4 district is to pennit 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 of four (4) dwelling units per acre and requires connection to the municipal water and sewer systems of the city of Meridian. 6. 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 pennit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REZONING APPLICATION LARKSPUR SUBDIVISION - Case No. RZ-O4-009 Page40f9 where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to pennit 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. 7. 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 Limited Office District: The purpose of the L-O district is to pennit 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 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. 8. Since the rezoning of land is a legislative function, the City has authority to place conditions upon the rezoning of land. See Burt vs. The Citv of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 9. The development of the rezoned land, if rezoned, 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. 10. 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. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REZONING APPLICA nON LARKSPUR SUBDIVISION - Case No. RZ-O4-009 Page 5 of9 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 16.49 acres ITom R- 4 to R-4 (Low Density Residential), R-8 (Medium Density Residential) and L-O (Limited Office) is granted subject to the tenns and conditions of this Order hereinafter stated. 2. The application is for rezoning of 16.49 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall confonn 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 Meridian Planning & Zoning Department as follows: SITE SPECIFIC COMMENTS (Rezone) 1. The legal description submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 2. The subject property is within the Urban Services Planning Area. 3. A Development Agreement will not be necessary with this rezone. All FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REZONING APPLICATION LARKSPUR SUBDIVISION - Case No. RZ-O4-009 Page 6 of9 conditions of approval will be made as part of the plat and conditional use pennit. 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-04-023 and Conditional Use Pennit - CUP-04-025 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) (Medium Density Residential), and Meridian City Code § 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 5 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 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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REZONING APPLICATION LARKSPUR SUBDIVISION - Case No. RZ-O4-009 Page 7 of9 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. By action of the City Council at its regular meeting held on the of J:ep~~ ,2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) DATED: 9---z-Ø--t?4-- MOTION: APPROVED:---A- DISAPPROVED:- ~ FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REZONING APPLICATION LARKSPUR SUBDIVISION - Case No. RZ-Q4-009 Page 8 of9 29~ day VOTED~ VOTED~ VOTED ~ - VOTED- Attest: ~Ä Public Works By: jOl)'(} J¡ Ju u-J City Clerk's Office Dated: 10- 4--04 Z:\Work\M\MeridianlMeridian 15360M\Larkspur II RZ04 009 PPO4-023 CUP 04-025\Ùlrkspur RZ-04-009 fmdings 09 2004.doC FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REZONING APPLICATION LARKSPUR SUBDIVISION - Case No. RZ-O4-009 Page90f9