HomeMy WebLinkAboutMayfair Commons RZ 03-011RECEIVED
FEB 0 c 204
interoffice city of~seridian
MEMORANDUM City Clerk Office
To: William G. Berg, Jr.
From: Wm. F. Nichols
Subject: Mayfair Commons Subdivision by: Wildwood Development, LLC - Case No. RZ-
03-011
Date: February 6, 2004
Will:
Please find attached the original of the FINDINGS OF FACT ANll
CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF REZONE,
pertaining to the above matter. Please note this application was denied aC the City Council
meeting of January 27, 2004. These Findings are now ready to be placed upon an upcou~ing
City Council agenda.
If yon have any questions please advise.
Z:~WOrI<AM\MeridianAMeridinn I S60M\Mayfair Commons Sub RZ-0]-01 I PR03-031 CUP-03-0~7ABerg RZ DeniW Mamo 03 Oa 0#.doc
BEFORE THE MERIDIAN CITY COUNCIL
C/C 01-27-04
IN THE MATTER OF THE
REQUEST FOR REZONE OF 9.34
ACRES FROM I-L TO R-15 ZONE
FOR PROPOSED MAYFAIR
COMMONS SUBDIVISION,
LOCATED AT 1125 EAST PINE
STREET, MERIDIAN, IDAHO
Case No. RZ-03-011
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL OF REZONE
WILDWOOD DEVELOPMENT,
LLC,
APPLICANT
The above entitled rezone application having come on for public hearing on
January 27, 2004, at the hour of 7:00 o'clock p.m., Brad Hawkins-Clark for the Planning and
Zoning Department, Scott Beecham, Christopher G. Finley, Jason Ullman, Larry Taylor, David
Callister, and Dave Aspitarte, 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. The notice of public hearing on the application for rezone was published for two
(2) consecutive weeks prior to said public hearing scheduled for 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 boundaries of the
property under consideration more than fifteen (15) days prior to said hearing and with the notice
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 of 8
AND DECISION AND ORDER OF DENIAL OF REZONE -
MAYFAIR COMMONS SUBDIVISION - (RZ-03-011)
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 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 9.34 acres in size and the subject rezone property is
located at 1125 East Pine Street, Meridian, Idaho. The property is designated in the
Comprehensive Plan asMixed-Use Community.
5. The owner of record of the subject property is Montague - Saurial, LLC.
6. Applicant is Wildwood Development, LLC.
7. The property is presently zoned as I-L and consists of vacant land.
8. The Applicant requests that 9.34 acres of the 12.74 acre property be zoned as R-
15.
9. The subject property is bordered by the surrounding properties:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 of 8
AND DECISION AND ORDER OF DENIAL OF REZONE -
MAYFABt COMMONS SUBDIVISION - (RZ-03-011)
North -Pine Street borders the subject property directly to the north. Danbury
Subdivision, asingle-family residential subdivision, is located north of Pine Street
and is zoned R-4.
South -Union Pacific Railroad tracks border the subject property directly to the south,
property south of the railroad tracks is zoned I-L.
East -Santee Business Park is located directly east of the subject property and is zoned I-
L.
West -Single-family residential zone R1 (Ada County).
10. The Applicant proposes to develop the subject property in the following manner:
As multi-family housing and as industrial property.
11. There are no significant or scenic features of major importance that affect the
consideration of this application.
12. The City Council recognizes the concerns of neighbors concerned with the
project, expressed in their letters on file with the City Clerk's office.
13. A portion of the subject property is located within the Five-Mile Floodway, and
the remainder of the property is located within the 100-year Floodplain zone, known as flood
elevations. An application which was applied for in the past was denied primarily due to the fact
that the property is located within the flood plain zone.
14. There are concerns over the traffic pattern of the proposed project, and specifically
that traffic would cut through the industrial zone creating traffic problems. Presently there aze no
specific uses planned for the industrial site, and therefore the parking and traffic issues raise
concerns for the surrounding areas. Foot traffic for any fixture residents walking through the
industrial zone is of concern as well.
15. The common area is planned for the second phase, this does not provide any open
space for the first phase residents.
16. Residential uses in the density proposed for this property by the applicant would
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 of 8
AND DECISION AND ORDER OF DENIAL OF REZONE -
MAYFAIR COMMONS SUBDIVISION - (RZ-03-011)
likely be incompatible with the surrounding businesses, as the area is designated on the Land Use
Map as mixed-use community.
17. Additional information is needed on whether noise and odor from the existing
businesses or future businesses would affect the proposed residential uses.
18. The existing zoning for the property I-L, and the property's location on an arterial
(Pine Street and in the future Locust Grove Road extension), result in the property having
economic value.
19. The applicant has not provided sufficient information as to the compatibility of
residential zoning in this particular azea.
20. It is not in the best interests of the City of Meridian to rezone this property.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to rezone real property upon written request
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.
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 High Density Residential (R-15) is defined in
the Zoning Ordinance at 11-7-2 E as follows:
(R-15) Medium High Density Residential District: The purpose of the R-8 District is to
permit the establishment of medium-high density single-family attached and multi-family
dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 of 8
AND DECISION AND ORDER OF DENIAL OF REZONE -
MAYFAIR COMMONS SUBDIVISION - (RZ-03-011)
districts must have direct access to a transportation arterial or collector, abut or have
direct access to a park or open space corridor, and be connected to the Municipal water
and sewer systems of the City. The predominant housing types in this District will be
patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and
condominiums.
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(6), 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
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 applicafion for rezoning is denied for the following reasons:
a. A portion of the subject property is located within the Five-Mile Floodway, and
the remainder of the property is located within the 100-year Floodplain zone,
known as flood elevations. An application which was applied for in the past was
denied primarily due to the fact that the property is located within the flood plain
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 of 8
AND DECISION AND ORDER OF DENIAL OF REZONE -
MAYFAIR COMMONS SUBDIVISION - (RZ-03-011)
zone.
b. There are concerns over the traffic pattern of the proposed project, and specifically
that traffic would cut through the industrial zone creating traffic problems.
Presently there are no specific uses planned for the industrial site, and therefore
the parking and traffic issues raise concerns for the surrounding areas. Foot traffic
for any future residents walking through the industrial zone is of concern as well.
c. The common area is planned for the second phase, this does not provide any open
space for the first phase residents.
d. Residential uses in the density proposed for this property by the applicant would
likely be incompafible with the surrounding businesses, as the area is designated
on the Land Use Map as mixed-use community.
e. Additional information is needed on whether noise and odor from the existing
businesses or future businesses would affect the proposed residential uses.
The existing zoning for the property I-L, and the property's location on an arterial
(Pine Street and in the future Locust Grove Road extension), result in the property
having economic value.
g. The applicant has not provided sufficient information as to the compatibility of
residential zoning in this particular area.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 of 8
AND DECISION AND ORDER OF DENIAL OF REZONE -
MAYFAIR COMMONS SUBDIVISION - (RZ-03-011)
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
~~
-v ~/j"~iQ'2 ~, , 2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE VOTED ~G~-
COUNCILMAN BILL NARY VOTED~n--
COUNCILMAN CHARLIE ROUNTREE VOTED ~ti
COUNCILMAN KEITH BIRD VOTED
MAYOR TAMMY de Weerd (TIE BREAKER) VOTED
DATED: 2 -l~ ' O
MOTION:
APPROVED:~~~ DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 of 8
AND DECISION AND ORDER OF DENIAL OF REZONE -
MAYFAIRCOMMONS SUBDIVISION - (RZ-03-01 I)
Copy served upon Applicant, the Planning and Zoning Department, Public Works
and the City Attorney.
By: .zG~..--
City Clerk
2-~o-ate'
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FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER OF DENIAL OF REZONE -
MAYFAIRCOMMONS SUBDIVISION - (RZ-03-011)
Page 8 of 8
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