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FindingsCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Rezone of Approximately 12.65 Acres from the C -C (Community Business District), R-8 (Medium -density Residential) and R-4 (Medium Low-density Residential) zoning districts to the C -C (Community Business District) (9.38 acres), R-8 (Medium -density Residential) (2.76 acres) and R-4 (Medium Low-density Residential) (0.51 acres) zoning districts, for the Three Corners Subdivision, by Sweet Land Development Inc. Case No(s). RZ-15-006 For the City Council Hearing Date of. June 16, 2015 (Findings on June 23, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 16, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 16, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 16, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 16, 2015, 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 (I.C. §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 April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-15-006 - 1 - 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 Agency Comments all in the attached Staff Report for the hearing date of June 16, 2015, incorporated by reference. These 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for rezone is hereby approved per the Agency Comments in the attached Staff Report for the hearing date of June 16, 2015, attached as Exhibit A. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to 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. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board 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. E. Attached: Staff Report for the hearing date of June 16, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-15-006 -2- By action of the City Council at its regular meeting held on the day of l.u-v 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE COUNCIL VICE PRESIDENT KEITH BIRD COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Attest: ®R�il Y/�¢4 LO z 6 -M44 or Ta m de Weerd l N Cay of UAHO Clerk F SERI. yr Vp., VOTED VOTED VOTED VOTED VOTED VOTED VOTED Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By Dated: Pc /aa City Clerk's ffi e CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-15-006 -3- EXHIBIT A Three Corners Subdivision RZ-15-006 PAGE 1 STAFF REPORT Hearing Date: June 16, 2015 TO: Mayor and City Council FROM: Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Three Corners Subdivision - RZ-15-006 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant has applied for a rezone (RZ) of 12.65 acres of land from the C-C (Community Business District), R-8 (Medium-density Residential) and R-4 (Medium Low-density Residential) zoning districts to the C-C (Community Business District) (9.38 acres), R-8 (Medium-density Residential) (2.76 acres) and R-4 (Medium Low-density Residential) (0.51 acres) zoning districts. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ application in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning and Zoning Commission heard this item on May 7, 2015. At the public hearing, the Commission voted to recommend approval of the subject RZ request. a. Summary of Commission Public Hearing: i. In favor: Kent Brown ii. In opposition: None iii. Commenting: None iv. Written testimony: Kent Brown; response to the staff report. v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. None c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on June 16, 2015. At the public hearing, the Council approved the subject RZ request. a. Summary of City Council Public Hearing: i. In favor: Kent Brown ii. In opposition: None iii. Commenting: None iv. Written testimony: Kent Brown; response to the Commission’s Recommendations. v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: EXHIBIT A Three Corners Subdivision RZ-15-006 PAGE 2 i. None c. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number RZ-15- 006 as presented in the staff report for the hearing date of June 16, 2015, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number RZ-15-006, as presented in the staff report for the hearing date of June 16, 2015, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers RZ-15-006, 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: The site is located on the southeast corner of E. Chinden Boulevard and N. Locust Grove Road in Section 29, Township 4 North, Range 1 East. (Parcel No.: S0529223000) B. Owner/Applicant(s): Sweet Land Development Inc. 1890 E. Dunwoody Court Meridian, Idaho 83642 C. Representative: Kent Brown, KB Planning P.O. Box 36 Meridian, Idaho 83680 D. 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 and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 20, and May 5, 2015 (Commission); May 11, and 25, 2015 (City Council) C. Radius notices mailed to properties within 300 feet on: April 15, 2015 (Commission); May 8, 2015 (City Council) D. Applicant posted notice on site(s) on: April 27, 2015 (Commission); June 3, 2015 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site is currently being developed as a residential subdivision and the commercial portion is vacant, zoned C-C, R-8 and R-4. EXHIBIT A Three Corners Subdivision RZ-15-006 PAGE 3 B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Chinden Boulevard and Banbury Subdivision, zoned R-1-P in the City of Eagle 2. East: Private school and church, zoned C-C and R-8 3. South: Three Corners Subdivision No. 2, zoned R-4 4. West: Fuller Ranchettes Subdivision, zoned R1 in Ada County C. History of Previous Actions: In 2013, the property received rezone (RZ-13-010); preliminary plat (PP-13-025) and development agreement modification (MDA-13-017) approval for a mixed use development. The preliminary plat consisted of 54 residential lots, 8 commercial lots and 6 common lots. The property is subject to two (2) development agreements recorded as instrument #108022887 and #114004225. The City Council has approved two (2) phases of the final plats (FP-14-002 and FP-15-008). D. Utilities: 1. Public Works: a. Location of sewer: Sewer extension is being reviewed and approved with the final plat (FP-15-008). b. Location of water: Water extension is being reviewed and approved with the final plat (FP-15-008). c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Mixed Use – Community (MU-C)” on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated. Featured elements of the mixed use development should include the following:  Residential densities at a minimum of 6 dwelling units to the acre;  Where feasible higher density along SH 20/26 to serve employment destination centers;  A conceptual site plan;  Provide community serving facilities;  Provide some form of common, usable area, such as a plaza or green space;  Landscape buffering between commercial and existing low or medium density residential;  Three different types of land uses and;  Be accessible to neighborhoods by both vehicles and pedestrians. With the previous approvals, the current zoning districts and the subdivision were deemed consistent with the MU-C designation of the Comprehensive Plan. During the review of the second phase of the final plat, an error was discovered between the boundaries of the current zoning districts and the proposed second phase of the final plat. The rezone request is merely to correct this discrepancy. Therefore, the requested rezone is still found to be consistent with the previous approvals and the Comprehensive Plan. EXHIBIT A Three Corners Subdivision RZ-15-006 PAGE 4 VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Zone(s): COMMERCIAL DISTRICTS (C-C): The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. RESIDENTIAL DISTRICTS (R-4 and R-8): The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. 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: Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C-C zoning district. Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 and R-8 zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3, UDC 11-2A-5 and UDC 11-2A-6 for the C-C, R-4 and R-8 zoning districts. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Rezone (RZ): As mentioned above, this property was approved for a mixed use development and zoned accordingly. Since those approvals the first phase of the final pat has recorded and single family homes are currently occupied or under construction. With the current market demand the applicant has received approval of the second phase of the residential portion of the development. During review of the final plat, it was discovered that the current zoning boundaries did not coincide with the boundaries of the final plat. In order to expedite the approval of the final plat, the City Council approved the final plat with a condition that the applicant obtains approval of a rezone application to correct the zoning discrepancy prior to City Engineer signature on the final plat. The legal descriptions and exhibit maps in Exhibit A.2 represent the requested zoning boundary modifications and should correct the error. Because the subject rezone is only required to correct a zoning boundary error, Staff is not requiring additional conditions of approval or a development agreement with the subject application. The applicant is still responsible to comply with all of the conditions of approval and the recorded development agreements associated with the Three Corners Subdivision. Staff recommends approval of the proposed rezone. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Rezone Legal Descriptions and Exhibit Maps B. Conditions of Approval C. Required Findings from Unified Development Code EXHIBIT A Three Corners Subdivision RZ-15-006 PAGE 5 A. Drawings 1. Vicinity Map EXHIBIT A Three Corners Subdivision RZ-15-006 PAGE 6 2. Rezone Legal Descriptions and Exhibit Maps EXHIBIT A Three Corners Subdivision RZ-15-006 PAGE 7 EXHIBIT A Three Corners Subdivision RZ-15-006 PAGE 8 EXHIBIT A Three Corners Subdivision RZ-15-006 PAGE 9 EXHIBIT A Three Corners Subdivision RZ-15-006 PAGE 10 EXHIBIT A Three Corners Subdivision RZ-15-006 PAGE 11 EXHIBIT A Three Corners Subdivision RZ-15-006 PAGE 12 EXHIBIT A Three Corners Subdivision RZ-15-006 PAGE 13 EXHIBIT A Three Corners Subdivision RZ-15-006 PAGE 14 B. Agency Comments 1. PLANNING DIVISION 1.1 Rezone 1.1.1 The Applicant shall meet all terms of the approved rezone, preliminary plat (RZ-13-010, PP-13- 025, FP-14-002 and FP-15-008) and recorded development agreements (Instrument No.(s) 108022887 and 114004225) for this subdivision. 2. PUBLIC WORKS DEPARTMENT 2.1 The Applicant shall comply with all previous conditions of approval associated with the file numbers noted above in comment 1.1.1. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments related to this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT Comments have not yet been received from ACHD on this application. EXHIBIT A Three Corners Subdivision RZ-15-006 PAGE 15 C. 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, 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 approximately 12.65 acres from the C-C, R-4 and R-8 zoning districts to the C-C, R-4 and R-8 zoning districts to ensure the zoning boundary is consistent with the approved final plat. The Council finds that the proposed map amendment is generally consistent with the MU-C FLUM designation for this property. (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the C-C, R-8 and R-4 zoning districts is consistent with the purpose statements for commercial and residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Commission recommends that the Council consider any oral or written testimony that may be provided when determining this finding. 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 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 11-5B-3.E). The Council finds rezoning this property to correct the zoning discrepancy is in the best interest of the City.