HomeMy WebLinkAboutSchmeckpeper RZ 03-003BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C OS-06-03
IN THE MATTER OF THE
REQUEST FOR REZONE OF 0.35
ACRE FROM R-4 TO O-T ZONING
FOR PROPOSED CHILD CARE
FACILITY, LOCATED AT 230 W.
PINE ,MERIDIAN, IDAHO
MERLYN AND BRANDON
SCHMECKPEPER,
Applicant.
Case No: RZ-02-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER DENYING
APPLICATION FOR REZONE
The above entitled matter on the rezoning application of .35 acres having come on
for public hearing on May 6, 2003, at the hour of 7:00 o'clock p.m., and Council having received
the report of David McKinnon Planner II for the Planning and Zoning Department, and Bruce
Freckleton of the Public Works Department, and Brad Hawkins-Clark Planner III for the
Planning and Zoning Department, Kelly Garrity, Sharon O' Toole, Debbie Sheridan, Merlyn
Schmeckpeper, Brandon Schmeckpeper, Bob Chrispell, Darren Rokovitz, Ronald Rokovitz, and
Charlene Rokovitz, 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 following Findings of Fact and Conclusions of
Law, Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER DENYING
REZONING OF 0.35 ACRES FROM R-4 TO O-T
BY MERLYN SCHMECKPEPER / (RZ-03-003)
PAGE 1 OF 8
FINDINGS OF FACT
The notice of public hearing on the application for rezoning was published
for two (2) consecutive weeks prior to said public hearing scheduled for May 6, 2003, before the
City Council, the first publication appearing and written notice 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 May 6, 2003, 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.
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 Impact
Area Boundary.
4. The property is approximately .35 acre in size. The property is located at
230 W. Pine Avenue, Meridian, Idaho, and a copy of the legal description is on file at the City
Clerk's office, Meridian City Hall, 33 East Idaho, Meridian, Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER DENYING
REZONING OF 0.35 ACRES FROM R-4 TO O-T
BY MERLYN SCHMECKPEPER ! (RZ-03-003)
PAGE 2 OF 8
The owners of record of the subject property are Merlyn and Brandon
Schmeckpeper, 147 E. Ada Street, Meridian, Idaho 83642.
6. The Applicants aze the owners of record.
7. The property is presently zoned as Low Density Residential (R-4), and
consists of residential.
8. The Applicant requests the property be rezoned to Old Town (O-T).
9. The proposed site is bordered to the north by single family residential and
Meridian Elementary (zoned R-4), to the south by single family residential (zoned R-8), to the
east by single and multi-family residential (zoned R-4), and to the west by single family
residential (zoned R-4).
10. The property which is the subject of this application 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: Child care facility for approximately 30 children.
13. The Applicant requested rezoning of the subject real property as O-T
which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which
designates the subject property as Old Town.
14. The City Council recognizes the concerns of neighboring property owners
in a letter dated March 14, 2003.
15. The evidence regarding proposed development does not support the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER DENYING
REZONING OF 035 ACRES FROM R-4 TO O-T
BY MERLYN SCHMECKPEPER / (RZ-03-003)
PAGE 3 OF 8
conclusion that there has been significant change in the adjacent area to merit the type of use as a
day care facility.
16. The design and use of the property as a day caze facility, from testimony
and evidence presented at the hearing, would not be harmonious with the character of the general
vicinity of the neighborhood and would change the character of the neighborhood significantly by
the intensity of traffic.
17. The use of the property as a day care facility would be disturbing to the
existing neighboring uses, which are all residential with either single or multi-family dwellings,
and very few, if any, commercial businesses in the immediate adjacent area.
18. The proposed day care facility would significantly impact the area and be
detrimental to the general welfaze of the surrounding azea by reason of the added excessive
production of traffic and noise. The increase of traffic from the business, along with the
configuration of the traffic flow around the proposed day care, would be a nuisance.
19. The vehicular approaches to the property would significantly impact and
interfere with traffic on the surrounding public streets and the alley by greatly increasing traffic
from the current level on a daily basis. Traffic trips per day would increase from 10 to 160 trips
per day.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER DENYING
REZONING OF 0.35 ACRES FROM R-4 TO O-T
BY MERLYN SCHMECKPEPER / (RZ-03-003)
PAGE 4 OF 8
provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho
Code by the adoption of Amended Comprehensive Plan City of Meridian adopted August 6,
2002, Resolution No. 02-382.
The requested zoning of Old Town District, (O-T) is defined in the Zoning
Ordinance at 11-7-2 L as follows:
(O-T) Old Town District: The purpose of the O-T District is to accommodate and
encourage further expansion of the historical core of the community; to delineate a
centralized activity center and to encourage its renewal, revitalization and growth as the
public, quasi-public, cultural, financial and recreational center of the City. A variety of
these uses integrated with general business, medium-high to high density residential, and
other related uses is encouraged in an effort to provide the appropriate mix of activities
necessary to establish a truly urban City center. The District shall be served by the
Municipal water and sewer systems of the City. Development in this District must give
attention to the handling of high volumes of traffic, adequate parking, and pedestrian
movement, and to provide strip commercial development, and must be approved as a
conditional use, unless otherwise permitted.
4. § 11-15-1 lof the 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 standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment:
4.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan.
4.2 The area is not intended to be rezoned in the future.
4.3 The area is intended to be developed in the fashion that is allowed under the new
zoning.
4.4 There has been no change in the area or adjacent areas which would dictate the
area should be rezoned.
4.5 The proposed use would not be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER DENYING
REZONING OF 0.35 ACRES FROM R-4 TOO-T
BY MERLYN SCHMECKPEPER / (RZ-03-003)
PAGE 5 OF 8
character of the general vicinity and that such use will change the essential
character of the same area;
4.6 The proposed uses would be hazazdous or disturbing to existing or future
neighboring uses;
4.7 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;
4.8 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;
4.9 The proposed use would involve uses, activities, processes, materials, equipment
and conditions of operation that would be detrimental to any persons, property or
the general welfaze by reason of excessive production of traffic, noise, smoke,
firrnes, glaze or odors;
4.10 The area would have vehicular approaches to the property which shall be so
designed as to create an interference with traffic on surrounding public streets;
4.11 The use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
4.12 The proposed zoning amendment is not in the best interest of the City of
Meridian.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN DENIED, the City Council
does hereby Order and this does Order:
1. The Applicant's request for rezone of approximately .35 is denied for the following:
1. The evidence regarding proposed development does not support the
conclusion that there has been significant change in the adjacent area to merit the type of use as a
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER DENYING
REZONING OF 0.35 ACRES FROM R-0 TO O-T
BY MERLYN SCHMECKPEPER / (RZ-03-003)
PAGE60F8
day care facility.
2. The design and use of the property as a day Gaze facility, from testimony
and evidence presented at the hearing, would not be harmonious with the character of the general
vicinity of the neighborhood and would change the character of the neighborhood significantly by
the intensity of traffic.
3. The use of the property as a day care facility would be disturbing to the
existing neighboring uses, which are all residential with either single or multi-family dwellings,
and very few, if any, commercial businesses in the immediate adjacent area.
4. The proposed day care facility would significantly impact the area and be
detrimental to the general welfare of the surrounding azea by reason of the added excessive
production of traffic and noise. The increase of traffic from the business, along with the
configuration of the traffic flow around the proposed day care, would be a nuisance.
5. The vehicular approaches to the property would significantly impact and
interfere with traffic on the surrounding public streets and the alley by greatly increasing traffic
from the current level on a daily basis. Traffic trips per day would increase from 10 to 160 trips
per day.
2. Based upon the section set forth in item no. 1 above, the application for the rezone
designation is denied.
NOTICE OF FINAL ACTION
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 the issuance or denial of the rezoning
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 regulaz meeting held on _ ~h 2003.
ROLL CALL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER DENYING
REZONING OF 0.35 ACRES FROM R-4 TOO-T
BY MERLYN SCHMECKPEPER / (RZ-03-003)
PAGE 7 OF S
COUNCILMAN BIRD VOTED~C~
COUNCILWOMAN deWEERD VOTED
COUNCILWOMAN McCANDLESS VOTED
COUNCILMAN NARY VOTED_ 1 !~
MAYOR ROBERT CORRIE (TIE BREAKER) VOTED J
DATED:rJ'20-03
MOTION:
APPROVED:
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, the
and the City Attorney.
DISAPPROVED:
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER DENYING
REZONING OF 0.35 ACRES FROM R-4 TO O-T
BY MERLYN SCHMECKPEPER / (RZ-03-003)
PAGE80F8