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907 NW 2nd Street H-2016-0040CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0040 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Rezone of 0.27 of an Acre of Land from the R-4 to the O-T Zoning District for the Property Located at 907 N.W. 2nd Street, by City of Meridian. Case No(s). H-2016-0040 For the City Council Hearing Date of: June 7, 2016 (Findings on June 21, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 21, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 21, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 21, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 21, 2016, 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. 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 Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 21, 2016, incorporated by reference. The conditions are concluded to be CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0040 - 2 - 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 a rezone is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 21, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits None E. 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. F. Attached: Staff Report for the hearing date of June 21, 2016 By action of the City Council at its regular meeting held on the S+ day of 2016. COUNCIL PRESIDENT KEITH BIRD VOTED � 3 COUNCIL VICE PRESIDENT JOE BORTON VOTED 2S COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED _t� eS COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED eS. COUNCIL MEMBER GENESIS MILAM VOTED ahs�xl"� MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta de Weerd QoVkpj to AVCG Attest: GOP S Wiry of ) E IDIAI = HO Jacy Jo es City Clerk C, 1-1 EAI' " b`,Q e"rh e TRFASV�. Copy served upon Applicant, Community Development Department, Public Warks Department and City Attorney. By -Dated: City Cler s Off CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0040 - 3 - EXHIBIT A 907 N.W. 2nd Street – RZ H-2016-0040 PAGE 1 STAFF REPORT Hearing Date: June 7, 2016 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: 907 N.W. 2nd Street – RZ (H-2016-0040) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, City of Meridian, has submitted an application for a rezone (RZ) of 0.27 of an acre of land from the R-4 to the O-T zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ application in accord with the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning & Zoning Commission heard these items on May 5, 2016. At the public hearing, the Commission moved to recommend approval of the subject RZ request. a. Summary of Commission Public Hearing: i. In favor: None ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. None d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on June 7, 2016. At the public hearing, the Council approved the subject RZ request. a. Summary of City Council Public Hearing: i. In favor: No one testified ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None EXHIBIT A 907 N.W. 2nd Street – RZ H-2016-0040 PAGE 2 c. Key Issues of Discussion by Council: i. None d. 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 H-2016- 0040, as presented in the staff report for the hearing date of June 7, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0040, as presented during the hearing on June 7, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2015-0040 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 at 907 N.W. 2nd Street, in the NE ¼ of Section 12, Township 3 North, Range 1 West. (Parcel No.: R6066000165) B. Owner: John Schroeder & Margaret Lezamiz 3786 S. Suntree Place Boise, ID 83706 C. Applicant: City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 D. Representative: Austin Petersen, City of Meridian 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: April 18 and May 2, 2016 (Commission); May 16 and 30, 2016 (City Council) C. Radius notices mailed to properties within 300 feet on: April 5, 2016 (Commission); May 12, 2016 (City Council) EXHIBIT A 907 N.W. 2nd Street – RZ H-2016-0040 PAGE 3 D. Applicant posted notice on site(s) on: April 22, 2016 (Commission); May 27, 2016 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: There is a multi-family dwelling (4-plex) on this site, zoned R- 4. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Multi-family apartments, zoned O-T 2. East: Single-family residential, zoned R-4 3. South: Single-family residential, zoned R-4 4. West: Single-family residential, zoned R-4 C. History of Previous Actions:  A rezone (RZ-03-007) to R-4 and conditional use permit (CUP-03-026) for the multi- family development was approved in 2003.  A Certificate of Zoning Compliance (CZC-04-006) was approved in 2004 for the existing 4-plex. D. Utilities: 1. Location of sewer: The subject site is currently being served with sanitary sewer from the City of Meridian. 2. Location of water: The subject site is currently being served with water from the City of Meridian. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no waterways that cross this site. 2. Hazards: Staff is unaware of any hazards that exist on this site. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this property as Old Town. This designation includes the historic downtown and the true community center. The boundary of the Old Town district predominantly follows Meridian’s historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings. Sample uses include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses are also envisioned and could include reuse of existing buildings, new construction of multi-family residential over ground floor retail or office uses. The current use of this property as a multi-family 4-plex is proposed to continue – no changes are proposed with this application. Multi-family uses are a desired use in the Old Town designation and contribute to the variety of uses in the downtown area. Staff finds the existing and continued multi- family residential use of the property is consistent with the Old Town land use designation. EXHIBIT A 907 N.W. 2nd Street – RZ H-2016-0040 PAGE 4 VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2D-1, the purpose of the traditional neighborhood districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integra ted residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping needs of the residents. B. Schedule of Use: Unified Development Code (UDC) Table 11-2D-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the O-T zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. Multi-family developments are listed as a principal permitted use in the O-T zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC11-2D-4 for the O-T zoning district. D. Landscaping: Street buffer landscaping is not required in the O-T zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for multi- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Rezone The applicant has applied for a rezone of 0.27 of an acre of land from the R-4 to the O-T zoning district. As discussed above in Section VII, the proposed zoning is consistent with the policies in the Comprehensive Plan and the FLUM designation of Old Town for this property. The reason for the rezone request is because the Public Work’s Department will be installing a new sewer line in N.W. 2nd Street and abandoning the old sewer line in the alley between N.W. 2nd and N.W. 3rd Streets. The sewer service for the properties along N.W. 2nd St. will be re-routed to flow into the new sewer main in N.W. 2nd St. A new sewer service cannot be installed to serve 921 N.W. 2nd St. entirely within the property lines of that property without causing damage to landscaping and disruption to tenants. Therefore, the property owner has requested that the sewer service line to the building at 921 N.W. 2nd St. run through the subject property, which is under common ownership. In order to do this, the subject property must be rezoned to the same zone as the adjacent property; then a property boundary adjustment can be applied for to combine the two parcels into one parcel. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. Once the rezone ordinance is approved, the applicant plans to submit and obtain approval of an application for a property boundary adjustment to combine the parcels. The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. Because no development is proposed with this application, staff does not recommend a DA is required as a provision of the rezone. In summary, Staff recommends approval of the proposed rezone request for this site in accord with the findings contained in Exhibit D. EXHIBIT A 907 N.W. 2nd Street – RZ H-2016-0040 PAGE 5 X. EXHIBITS A. Vicinity/Zoning Map B. Legal Description & Exhibit Map for Rezone Boundary C. Required Findings from Unified Development Code EXHIBIT A Exhibit A Page 1 EXHIBIT A: VICINITY/ZONING MAP EXHIBIT A - 2 - EXHIBIT B - LEGAL DESCRIPTION & EXHIBIT MAP FOR REZONE BOUNDARY EXHIBIT A - 3 - EXHIBIT A - 4 - EXHIBIT 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 City Council finds the map amendment to O-T is consistent with the FLUM designation of Old Town. The existing and continued use of the property as a multi-family 4-plex is a desired use in the Old Town designated area and will complement the existing mix of uses in the downtown area (see section VII above for more information). b. The map amendment complies with the regulations outlined for the pr oposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the O-T zoning district is consistent with the purpose statement for the traditional neighborhood districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities already exist to this site. 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 11-5B-3.E). This finding is not applicable as the request is for a rezone.