HomeMy WebLinkAboutDove Meadows RZ-09-001CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
~E IDR IAN,-
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In the Matter of Rezone of 7.53 acres of Land in Dove Meadows Subdivision from L-O to
R-8, by City of Meridian Planning Department.
Case No(s). RZ-09-001
For the City Council Hearing Date of: June 2, 2009 (Findings on the June 23, 2009 City
Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 2, 2009,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of June 2, 2009,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 2,
2009, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of June 2, 2009, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-09-001
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and Exhibit Map in the attached
Staff Report for the hearing date of June 2, 2009,incorporated by reference. The
conditions are concluded to be reasonable and the applicant shall meet such requirements
as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The applicant's Annexation & Zoning request as evidenced by having submitted the
legal description and exhibit map included in the attached staff report for the hearing
date of June 2, 2009 is hereby approved.
D. Attached: Staff Report for the hearing date of June 2, 2009.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-09-001
-2-
4 C~
By action of the City Council at its regular meeting held on the ~ ~ day of
~~s~---~, 2009.
COUNCIL MEMBER DAVID ZAREMBA VOTED lti-
COUNCIL MEMBER BRAD HOAGLUN VOTED ~(Qp~
~,
COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~ ~ZU`
COUNCIL MEMBER KEITH BIRD VOTED~~
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Attest:
aycee ~-I~lman, City Clerk
Copy served upon Applicant,
Attorney.
~~~~~~'~¢~'rP-rr1 de Weerd
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The Pl~f~ing,D~pai-tment, Public Works Department and City
B Dated: ~.f~' 2.~t ~ ~q
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-09-001
-3-
STAFF REPORT Hearing Date: June 2, 2009
TO: Mayor & City Council
FROM: Sonya Waters, Associate City Planner
208-884-5533
SUBJECT: RZ-09-001 -Dove Meadows
~.~Vl E IDR IAN,-.
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I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, City of Meridian Planning Department, has applied to Rezone (RZ) 7.53 acres of land
in Dove Meadows Subdivision from the L-O (Limited Office) zoning district to the R-8 (Medium
Density Residential) zoning district. See Section 10 of the staff report for more information.
II. SUMMARY RECOMMENDATION
Staff is recommending approval of the proposed rezone based on the Findings of Fact and
Conclusions of Law in Exhibit D of the Staff Report.
The Meridian Planning & Zoning Commission heard this item on May 7 2009. At the public
hearing they moved to recommend approval of the subiect RZ request.
a. Summary of Commission Public Hearing:
i. In favor: City of Meridian Planning Department
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Sonya Wafters
vi. Other staff commenting on application: None
b. Ke__y Issue(s) of Discussion by Commission:
i. None
c. KeV Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
~_ ummarv of Citv Council Public Hearina_
L Ill favor: Carolyn Hall
ii. In opnosition: None
111. Commentinp• None
i~ Written testimony: None
yi. Other staff commenting on anulication• None
1~ ev issues of Discus ion by ouncil:
1. None
~ ev Council Cha pes to staff/C'nmmicsinn RecnmmPn atlon
1, None
Dove Meadows RZ PAGE 1
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number RZ-09-
001, as presented in the staff report for the hearing date of June 2, 2009 with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number RZ-09-001,
as presented during the hearing on June 2, 2009, for the following reasons: (You should state
specific reasons for denial of the annexation and you must state specific reason(s) for the denial of
the plat.)
Continuance
I move to continue File Number RZ-09-001 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
Lots 1 and 2 and a portion of Lot 3, Block 2; portions of Lots 1 & 10, and Lots 2-9, Block 1,
Dove Meadows Sub. No. 1; portions of Lots 11 & 12, and Lots 13-24, Block 1, Dove Meadows
Sub. No. 2), in the SE '/o of Section 5, Township 3 North, Range 1 East.
B. Owner(s):
Various (see application for complete list)
C. Applicant:
City of Meridian Planning Department
33 E. Broadway Ave.
Meridian, ID 83642
D. Representative:
Pete Friedman, Deputy Director
33 E. Broadway Ave.
Meridian, ID 83642
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a rezone. A public hearing is required before the Planning & Zoning
Commission and City Council on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: Apri120, and May 4, 2009 (Commission); May 11, and
25, 2009 (City Council)
C. Notices mailed to subject property owners on: April 9, 2009 (Commission); May 7, 2009 (City
Council
D. Public service announcement was broadcast faxed on: April 10, 2009 (Commission); May 7,
2009 (City Council)
Dove Meadows RZ PAGE 2
E. Applicant posted notice on site(s) on: Apri124, 2009 (Commission); May 22, 2009 (City
Council
VL LAND USE
A. Existing Land Use(s) and Zoning: There are currently single-family residences and associated
outbuildings on the subject properties.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: These properties are
currently surrounded by single-family residential properties and a church.
1. North: Single-family residential, zoned R-4
2. East: Church, zoned L-O
3. South: Vacant commercial property, zoned L-O
4. West: Single-family residential, zoned R-8
C. History of Previous Actions:
These properties were annexed and zoned L-O in 1992 (Ordinance #581) with the Capital
Christian Church annexation. The reason for the L-O zoning was to allow for a planned unit
development for church, offices, open areas, parks, ball fields, apartments, and single-family
residential dwellings which would be allowed in the L-O zone subject to site plan review.
Subsequent to the annexation, the subject property was developed separately from the church
and the zoning was never changed during the subdivision process.
D. Utilities:
1. Public Works:
a. Location of sewer: This subdivision currently has services installed
b. Location of water: This subdivision currently has services installed.
c. Issues or concerns:
E. Physical Features:
Canals/Ditches Irrigation: There are no canals or ditches that traverse these properties.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: These properties do not lie within the floodplain or floodway.
F. Access: No new access points are proposed to the subject properties with this application.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject properties are designated as "Medium Density Residential" on the Comprehensive Plan
Future Land Use Map. This designation allows smaller lots for residential purposes within the city
limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. The
current R-8 zoning district and existing single-family residential homes complies with the medium
density residential designation for these properties.
Staff finds the following Comprehensive Plan policy to be applicable to this application and apply to
the current single-family residential use of these properties (staff analysis in italics):
Dove Meadows RZ PAGE 3
When the City established its Area of City Impact, it planned to provide City services to the subject
property. The City of Meridian currently provides municipal services to the subject properties in the
following manner:
• Sanitary sewer and water service has been extended to the subject properties.
• The lands are serviced by the Meridian Fire Department (MFD).
• The lands are serviced by the Meridian Police Department (MPD).
• The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACHD). This service will not change.
• The subject lands are currently serviced by the Meridian School District #2. This service will not
change.
~ The subject lands are currently serviced by the Meridian Library District. This service will not
change.
Municipal, fee-supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of
housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City
of Meridian water and sewer systems is a requirement for all residential districts. Residential
districts are distinguished by the allowable density of dwelling units per acre and corresponding
housing types that can be accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) 11-2A-21ists the permitted, accessory, and
conditional uses in the R-8 zoning district. The existing single-family detached dwellings are
listed as principal permitted uses in the proposed R-8 zoning district.
C. Dimensional Standards: All of the lots shall comply with the dimensional standards listed in UDC
11-2A-6 for the proposed R-8 zoning district.
D. Landscaping: NA
E. Off-Street Parking: See UDC Table 11-3C-6 for the required number of parking spaces per
dwelling based on the number of bedrooms.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The Applicant is requesting approval to rezone 7.53 acres of land from L-O to R-8. The
proposed rezone area consists of 25 single-family residential lots and 2 common lots in
Dove Meadows Subdivision No.'s 1 and 2.
The residential use of these properties was authorized under a previously approved planned
development, which allowed residential uses on this site in the L-O district (per Ordinance #581).
Because the residential use of these properties lawfully existed prior to the effective date (9-15-
05) of the current UDC, the use/structures are considered non-conforming (UDC 11-1 B-1), as
residential uses are prohibited in the L-O district. As such, the use(s) is allowed to continue as
long as the use remains lawful and is not expanded or extended, subject to the provisions listed in
UDC 11-1B-4; the nonconforming structure(s) may be enlarged, repaired or modified, provided
Dove Meadows RZ PAGE 4
that the additions or modifications to the structure conform to the requirements listed in UDC 11-
1 B-5.
The purpose of the amendment is to remove the nonconforming status of the properties and zone
them the same as the rest of the lots in Dove Meadows Subdivision.
The legal description for the proposed rezone submitted with the application (prepared on Apri12,
2009, by Glenn Bennett, PLS) shows the property within the existing corporate boundary of the
City of Meridian (see Exhibit C).
Staff believes that the requested R-8 zoning district is appropriate for the subject properties and
will "clean up" the zoning map so that the existing residential uses are principally permitted,
rather than nonconforming in the L-O district. Please see Exhibit D for detailed analysis of the
required facts and findings for the rezone request.
X. EXHIBITS
A. Drawings
1. Vicinity Map (Zoning & Aerial)
B. Comments/Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Rezone Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
Dove Meadows RZ PAGE 5
A. Drawings
1. Vicinity Map (Zoning & Aerial)
Exhibit A
Page 2
B. Comments/Conditions of Approval
1. PLANNING DEPARTMENT
1.1 Rezone -Comments
1.1.1 The legal description for the proposed rezone submitted with the application (prepared on Apri12,
2009, by Glenn Bennett, PLS) shows the property within the existing corporate boundary of the
City of Meridian (see Exhibit C).
2. PUBLIC WORKS DEPARTMENT
2.1 All utilities have been installed; Public Works has no issues with this application.
3. FIRE DEPARTMENT
3.1 The fire department has no concerns with this application.
4. POLICE DEPARTMENT
4.1 The Police Department did not submit comments on this application.
5. PARKS DEPARTMENT
5.1 The Parks Department did not submit comments on this application.
6. SANITARY SERVICES COMPANY
6.1 SSC did not submit comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 ACHD did not submit comments on this application.
Exhibit B Page 2
C. Legal Description & Exhibit Map
RE-LOt\E SC1ttN1)ARl' DESCRIPTION
FOIL THE
CITY OF Aii±RIE1IAN, AD..# COUNTY, ID,1ItO
A parcel located in the SR' ;~ of the SE '~. of Section 5, Township 3 North, Range i East,
Guise AReridian, Ada County, Naha and being a part of DOYF .~LfF..4f)C)t3:S
S~,~BD1S6"!(!~~' A'(). J and 13OYE !4fE,4D0[I'S St?f3D1lISfON e'VO. I, more particularly
described as fullau~s:
Conrnrencing at a Sib inch diameter iron pin marking the southwesterly corner of said
S'~~4' ',% of the SE i~. Pram which a brass cap monun~eni marking the southeasterly corner of
the SE ~; of said Section 5 betas S 89°48'53" E a distance oi''_644. f 8 feet:
"Thence N t)'27' 15" t along the tivesterly boundary of said SVb` 'r: of the SE !. a distance
of 444.(x1 fet*t to the PC)iNT OF' BEGINNi1tiG;
Whence continuing N (l°2?'1S" E a distance of 8fi8.52 feet to a brass cap monument
marking the nurthwestt~rly comer of said S W % of the SE. ;:, said point also being on the
nat2herly boundary of said I)t)k"F,',41f`Af)f1iV'S.SUBUff~'ISIC7NN0. ?:
Thence S gq°44.'36" E along the anrtherly boundary of said 5~~4' '.i of tht SE f, and said
northerly boundary of fJOY~ ME.4f)Oll'S St-13DIG'f.SlO~` .~'O. Z a distance of Si0.14 fret
to a point marking the northeasterly corner of said £)O[~ :41!~:4DOWS SC.`BDfI'LSfO.nf
N0. 2;
"Chence leaving said northerly boundaries acrd aiang the easterly iwundary of said DOt "E
,~tlErl!)OWS S£:1:'DIYISIU,'~r:4~O. 7 the following dcsc7tbed courses:
Thence S 0°27'36" W a distance of 219.07 feet to a point;
Thence S 45°52'44" t'J a distance of 150.00 feet to a point on the easterly lx-~undary
of said f)t) I%1:' ,4llsAf)f1 [~;S SC'l3DIY'f.S/UN .~'D. d ;
Thence S 11°59'54" W along said easterly boundary a distance of 357.06 feet to a paint;
Thence leap=ing said Easterly boundary 5 2°35'W" E a distance of 34.18 feet to a mint on
the centerline of l~lickory 1~'ay;
Thence along said u{rtt~~rline a distance of 93.(H? feet along the arc of a 400.00 fcxrt radius
nun-tangent curve left, said cone having a radius bearing S 27°11'42" W, a central angle
of 13° l9' 17" and a tong chord. bearing N ti9°27'S7" W a distance of 92.79 feet to a point:
Thence continuing along said centerline N 76°07'35" W a distance of 107,02 fret to a
point;
Thence Ic;aving said centerline S I >°52'25" W a distance of 30.t?t) feet to a point on the
southeasterly boundary of said DOYE.~fEADOII:S' SLBD£YISION NO. l;
Thence S 43°2t'38" W' alatsg said southeasterly boundary a distance of 257.65 feet to a
point marking the southeast~•ty corner of 1_nt 3 of Block : of said L~OxE MEA£~U[3'S
.Stl1?l)ti"ISIO.~+NO. 1 and the POIN7~ OF BL•GINNiNG;
This pareek contains 7.65 as;res.
Prcparz~l by: Glenn K. Bennett, PLS
Civil Survey f'onsuttants, Incorporatrxi
April 2, 2009
Exhibit C Page 2
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Exhibit C Page 3
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to rezone the subject properties from L-O to R-8. The City
Council finds that the proposed zoning map amendment complies with the applicable
provisions of the Comprehensive Plan.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the requested R-8 zoning and residential use of these properties is
consistent with the purpose statement of the residential districts.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC ll-SB-3.E).
This finding is not applicable as the applicant is requesting approval of a rezone, not
annexation.
Exhibit D