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HomeMy WebLinkAboutStapleton Sub RZ 03-009~~ v~ ~~~~ FAG `1 0 2004 (;ity Of I1/eridian ~".tiv ('Ierk Office interoffice MEMORANDUM To: William G. Berg, Jr. Prom: Wm. F. Nichols Subject: Stapleton Subdivision by: Wardle & Associate -Case No. RZ-03-009 Date: February 6, 2004 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF' R,ELONE, pertaining to the above matter. Please note this application was denied at the City Council meeting of January 27, 2004. These Findings are now ready to be placed upon an upcoming City Council agenda. If you have any questions please advise. 7 ~Worl:AM\Mcndlan~Mcridian 15360M\Slapleron Sub CPA-03-003 R"LO?-009 PP-03-019 CUP-U3-034VBerg AZ Denial Memo 020504duc BEFORE THE MERH)IAN CITY COUNCIL C/C 01-27-04 IN THE MATTER OF THE REQUEST FOR REZONE OF 6.39 ACRES FROM C-N TO R-8 ZONE FOR PROPOSED STAPLETON SUBDIVISION, LOCATED AT 3680 WEST USTICK ROAD, MERIDIAN, IDAHO Case No. RZ-03-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF REZONE WARDLE AND ASSOCIATE, APPLICANT The above entitled rezone application having come on for public hearing on October 21, 2003, and continued until November 5, 2003, December 9, 2003, December 16, 2003, and January 27, 2004, at the hour of 7:00 o'clock p.m., Brad Watson City Engineer for the Public Works Deparhnent, William Banko, and Jake Centers, 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 The notice of public hearing on the application for rezone was published for two (2) consecutive weeks prior to said public hearing scheduled for October 21, 2003, and continued until November 5, 2003, December 9, 2003, December 16, 2003, and January 27, 2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 of 8 AND DECISION AND ORDER OF DENIAL OF REZONE - STAPLETON SUBDIVISION - (RZ-03-009) 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 October 21, 2003, and continued until November 5, 2003, December 9, 2003, December 16, 2003, and January 27, 2004, 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 §§11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, 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 6.39 acres in size and the subject rezone property is located at 3680 W. Ustick Road, Meridian, Idaho. The property is designated in the Comprehensive Plan as Mixed-Use Wastewater Treatment Plant. 5. The owner of record of the subject property is Betty Lou Britton, 3680 W. Ustick Road, Meridian, Idaho 83642. 6. Applicant is Jonathan Wardle, Wardle & Assocaites, 4940 E. Mill Station Drive, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 of 8 AND DECISION AND ORDER OF DENIAL OF REZONE - STAPLETON SUBDIVISION - (RZ-03-009) Suite 100, Boise, Idaho 83716. The property is presently zoned by C-N (Neighborhood Business District) and consists of one single-family dwelling with a pasture. 8. The Applicant requests the property be zoned as R-8 (Medium Density Residential). 9. The subject property is bordered to the northeast by the Nine Mile Drain and the Wastewater Treatment Plant to the north of the drain (zoned I-L), to the south by Dakota Ridge Subdivision (zoned R-4), to the east by an existing single-family residence (zoned R-2), and to the west by an agricultural parcel (zoned RUT, Ada County). 10. The Applicant proposes to develop the subject property in the following manner: Forty new residential lots, one existing residential lot, and seven common lots on 6.39 acres in an R-8 zone. 11. There are no significant or scenic features of major importance that affect the consideration of this application. 12. The City Council recognizes the opposition letters which have been entered into public record from Wendel Bigham, Joint School District No. 2 dated July 9, 2003; Tara Parsons dated October 16, 2003, and the approval letters which have been entered into public record for the Stapleton Subdivision from Claudina Engle dated September 16, 2003, and Ruth Wilkins dated September 15, 2003. 13. The Applicant requests zoning of the subject real property as R-8, which is consistent with their application for a comprehensive plan amendment, but said comprehensive plan amendment was denied, (Case No. CPA-03-003), as the residential uses with a Conditional Use Permit within the mixed use WWTP designation would require an amendment to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 of 8 AND DECISION AND ORDER OF DENIAL OF REZONE - STAPLETON SUBDIVISION - (RZ-03-009) Comprehensive Plan as determined by City ordinance. The current Comprehensive Plan prohibits any new residential uses within the area designated as Mixed-Use Wastewater Treatment Plant on the Future Land Use Map, and the proposed development does not comply with the current Comprehensive Plan, and thus the CPA was denied by City Council at their January 6, 2004 meeting. 14. Residential uses in the density proposed for this property by the applicant would likely be incompatible with the wastewater treatment plant, an industrial use in the immediate vicinity. 15. Additional information is needed on whether noise and odor from the wastewater treatment plant would affect the proposed residential uses. 16. The existing zoning for the property (C-N Neighborhood Commercial), and the property's location on an arterial (Ustick Road), result in the property having economic value. 17. When the applicant acquired an interest in the property, the applicant was aware that the zoning designation of the property prohibited residential development, and the applicant was aware that the Comprehensive Plan Map designation precluded residential development. 18. The applicant has not provided sufficient information to show why the request to rezone the property in opposition to the designation in the Comprehensive Plan should be granted. 19. The applicant has not provided sufficient information as to the compatibility of residential zoning in this particular area. 20. It is not in the best interests of the City of Meridian to rezone this property. CONCLUSIONS OF LAW The City of Meridian has authority to rezone real property upon written request FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 of 8 AND DECISION AND ORDER OF DENIAL OF REZONE - STAPLETON SUBDIVISION - (RZ-03-009) for rezone. 2. The City 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 Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The requested zoning of Medium Density Residenfial (R-8) is defined in the Zoning Ordinance at 11-7-2 D as follows: (R-8) Medium Density Residenfial District: The purpose of the R-8 District is to permit the establishment ofsingle- 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. 5. Idaho Code § 67-6511(c) provides in matters where the City Council is considering a zoning designation application as follows: "If the request is found by the governing board to be in conflict with the adopted plan, or would result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction, the governing board may require the request to be submitted to the planning or planning and zoning commission or, in absence of a commission, the governing board may consider an amendment to the comprehensive plan pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code. After the plan has been amended, the zoning ordinance may then be considered for amendment pursuant to section 67-6511(b), Idaho Code." 6. The City's authority to make and enforce ordinances are confined to within the City's boundaries as provided in Article XII § 2 of the Constitution of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 of 8 AND DECISION AND ORDER OF DENIAL OF REZONE - STAPLETON SUBDIVISION - (RZ-03-009) State of Idaho. 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: That the application for rezoning is denied for the following reasons: a. The Applicant requests zoning of the subject real property as R-8, which is consistent with their application for a comprehensive plan amendment, but said comprehensive plan amendment was denied, (Case No. CPA-03-003), as the residential uses with a Conditional Use Permit within the mixed use WWTP designation would require an amendment to the Comprehensive Plan as determined by City ordinance. The current Comprehensive Plan prohibits any new residential uses within the area designated as Mixed-Use Wastewater Treatment Plant on the Future Land Use Map, and the proposed development does not comply with the current Comprehensive Plan, and thus the CPA was denied by City Council at their January 6, 2004 meeting. b. Residential uses in the density proposed for this property by the applicant would likely be incompatible with the wastewater treatment plant, an industrial use in the immediate vicinity. c. Additional information is needed on whether noise and odor from the wastewater treatment plant would affect the proposed residential uses. d. The existing zoning for the property (C-N Neighborhood Commercial), and the property's location on an arterial (Usfick Road), result in the property having economic value. e. When the applicant acquired an interest in the property, the applicant was aware that the zoning designation of the property prohibited residential development, and the applicant was aware that the Comprehensive Plan Map designation precluded residential development. f. The applicant has not provided sufficient information to show why the request to rezone the property in opposition to the designation in the Comprehensive Plan should be granted. g. The applicant has not provided sufficient information as to the compatibility of residential zoning in this particular area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 of 8 AND DECISION AND ORDER OF DENIAL OF REZONE - STAPLETON SUBDIVISION - (RZ-03-009) h. It is not in the best interests of the City of Meridian to rezone this property. 2) Based upon the section set forth in item no. 1 the application for zoning designation is dismissed. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS 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 maybe 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 maybe 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 (~ day of / ~~u'y` `,~- , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE COUNCILMAN BILL NARY FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL OF REZONE - STAPLETON SUBDIVISION - (RZ-03-009) VOTED__ i%1(h- VOTED Page 7 of 8 COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD VOTED__~%yGw VOTED MAYOR TAMMY de Weerd (TIE BREAKER) VOTED DATED: 2 ~Q ' 0 MOTION: / ~f APPROVED:_~ DISAPPROVED: and he City Attorneyplicant, the Planning and Zoning Department, Public Works Departm~pyt„~~~r/ ,'/} '( y ~ ~~ `~ BY' ~ Dated: 2~~~'QT _-' ~'a~,~.. ~, City Clerk = r ;`? , (,~ '~ 90 UST ISZ ' 'J ~ ;^'' .y ~~ r: ~~ e `~,. Z:\WorkllvPMeridian\Ivletidian 15360IMStapleton Sub CPA-03-003 RZ-03-009 PPA3-019 CUP-03-034ViZ Denial Findings.doc~f~J,, Q~~~~r ' ~ ~~ ~~ ~+ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 of 8 AND DECISION AND ORDER OF DENIAL OF REZONE - STAPLETON SUBDNISION - (RZ-03-009)