Queenland Acres CPA 99-006BEFORE THE MERIDIAN CITY COUNCIL
12-08-99
IN THE MATTER OF THE )
APPLICATION OF QUEENLAND )
ACRES, INC. FOR A )
COMPREHENSIVE PLAN )
AMENDMENT TO CHANGE LAND)
USE FROM SINGLE FAMILY )
RESIDENTIAL TO COMMERCIAL )
FOR THE SOUTH SIDE OF )
OVERLAND ROAD, 1/4 MILE )
WEST OF MERIDIAN ROAD, )
WESTWARD TO STODDARD )
ROAD, MERIDIAN, IDAHO )
,)
CASE NO. CPA-99-006
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
AMENDING COMPREHENSIVE
PldkN GENERALIZED LAND USE
The above entitled application for amendment to the City of Meridian's
Comprehensive Plan Generalized Land Use Map having come on for public hearing
before the City Council on the 3ra day of November, 1999, at the hour of 7:00 p.m.,
on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and
appearing and offering testimony was Shaft Stiles, Planning and Zoning
Administrator, and appearing and testifying was the Applicant/Owner, Pam
Lotspiech, and no one appeared in opposition, and the Council having received the
record of this matter from the Planning and Zoning Commission, and having received
the "Findings of Fact and Conclusions of Law and Decision and Recommendation" of
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 1 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP TO MIXED
PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006
the Planning and Zoning Commission on this application, and having duly
considered the matter, the City Council makes the following Findings of Fact,
Conclusions of Law, Decision and Order Amending Comprehensive Plan Generalized
FINDINGS OF FACT
1. A notice of the time, place, and a summary of the proposed amendment
plan to be discussed at the November 3, 1999, hearing was published fifteen (15)
days prior to said hearing; copies of all notices were made available to newspaper,
radio, and television stations; the matter was duly considered at the November 3,
1999, public hearing; and the public was given full opportunity to express comments
and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in the City of Meridian Comprehensive Plan and Idaho Code § 67-6509.
3. The property which is the subject of the application for amendment is
herein described as follows to-wit:
A parcel located in the NE 1/4 of Section 24, Township 3 North, Range 1
West, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
BEGINNING at a 5/8 inch diameter iron pin marking the northwesterly corner
of said NE 1/4 (one-quarter corner) from which a brass cap monument
marking the northeasterly corner of said NE 1/4 bears N 89°21' 19" E a
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 2 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
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Land Use Map.
distance of 2618.81 feet;
Thence N 89°21'19" E a distance of 1759.40 feet to a point;
Thence S 3059'54'' W a distance of 755.96 feet to a point;
Thence S 89°21'20" W a distance of 1706.67 feet to a point;
Thence N 0°00'05" W a distance of 753.53 feet to the POINT OF
BEGINNING.
This parcel contains 29.98 acres and is subject to any easements existing or in
use.
4. The Applicant is QUEENLAND ACRES, INC., of 1032 E. Cayman
Drive, Meridian, Idaho. The Applicant filed a written Comprehensive Plan
amendment application;
5. Pursuant to the application, the affected property is generally described
as a parcel on the south side of Overland Road approximately 1/4 mile west of
Meridian Road, westward to Stoddard Road.
6. The application consists of twelve one-acre parcels and 20 acres of
farmland for a total of approximately 30 acres, all of which are outside of the City
limits but abut the City limits, with the one acre parcels currently zoned County R1
and the farmland zoned as County RT Rural Transitional.
7. The Meridian Planning and Zoning Commission takes judicial notice of
its Zoning, Subdivision and Development Ordinances codified at Title 11, Municipal
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP TO MIXED
PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006
PAGE 3 OF 15
Code of the City of Meridian and all current zoning maps thereof and the
Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No.
629-Jan.4, 1994 and Maps and Ordinance establishing the Impact Area Boundary.
8. The Applicant requested the Comprehensive Plan amendment and the
application was not initiated at the request of the City of Meridian.
9. The proposed application requests a Comprehensive Plan amendment to
change the designation of the subject property from Single Family Residential to
Commercial. The designation change requires an amendment to the Comprehensive
Plan of the City of Meridian as requested by the Applicant. (City of Meridian
Comprehensive Plan, pg. 78-79).
10. The subject real property has 10 one-acre parcels zoned R-1 with
residential rental houses and which are owned by the Applicant, these parcels have
direct access to Overland Road and additionally there are 20 acres of farmland zoned
as Ada RT Rural Transitional. The Meridian City limits abut the property on the
east and the north. Water and sewer is available with extension of lines. The
property is within the Meridian Area of Impact.
11. The conditions or situations which warrant a change being made from
Single Family Residential to Commercial includes the fact that all of the adjoining
property north of Overland Road is zoned C-G and is currently being developed into
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 4 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP TO MIXED
PLANNED USE DEVELOPMENT/QUEENLAND ACRES, INC. - CPA-99-006
commercial businesses. The existing property to the east is also zoned C-G.
Overland Road is a minor arterial with a proposed 96-feet right-of-way. This would
put the roadside within 23-feet of the existing residential houses.
12. The public need for and/or benefit from such a change in the Plan is
it would be appropriate to have commercial property adjacent to Overland Road to
provide a buffer from future residential use anticipated to the south. Controlled
entrance of traffic to Overland Road could be planned. Freeway access is readily
available to allow the public to reach future businesses.
13. No other solutions to the problem are presented by the current policy of
the Plan that are possible or reasonable in that, directly north, existing businesses
include Mountain View Equipment, Intermountain Pet Hospital, Roaring Springs
Water Park, and Boondocks.
and restaurant development.
Currently, Interstate Center has future plans for motel
It is not reasonable to expect this large, full-scale
commercial development on the north side of Overland Road to be compatible with
single,family housing on the south side. Title 67, Chapter 65, Idaho Code, will not
allow zoning or annexation requests until the Meridian Comprehensive Plan is
amended.
14.
do have an interested buyer for a 7-acre parcel on the west side of RoHo located
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP TO MIXED
PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006
The applicants do not plan to develop the property themselves, but they
PAGE 5 OF 15
across from Roaring Springs Water Park. The purchasers plans include a planned RV
park for travelers visiting the water park.
15. Any commercial development would add to Meridian's future tax base
and provide additional customers for existing businesses in Meridian. Costs would be.
paid by future impact fees, increase in tax base, developers, and future businesses.
16. The City has complied with the referral process with Ada County of the
requested amendment of the Comprehensive Plan.
17. The Applicant filed a written application for Comprehensive Plan
amendment with the consent and permission of the owners of the real properties
which include Queenland Acres, Inc., Theron Scott and Carol Lotspiech.
18. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Title 11, Municipal Code of
the City of Meridian and all current zoning maps thereof and the Comprehensive
Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan.4, 1994
and Maps and Ordinance establishing the Impact Area Boundary.
19. The Planning and Zoning Commission has recommended to the City
Council approval of an amendment to the City of Meridian Comprehensive Plan
Generalized Land Use Map component for the subject real property from Single
Family Residential to Mixed Planned Use Development which will call for
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 6 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP TO MIXED
PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006
commercial development along Overland Road, while giving the Planning and Zoning
Commission, and the City Council, greater control over the uses that develop to
ensure compatibility with surrounding development, and as an entryway corridor to
the City of Meridian.
CONCLUSIONS OF LAW
1. The procedural requirements of the Land Use Planning Act and of the
Comprehensive Plan of the City of Meridian require notice of the time, place, and a
summary of the proposed amendment to the Plan, the publication of which is to be
fifteen (15) days prior to the hearing; copies of all notices are to be made available to
newspaper, radio, and television stations. (Meridian Comprehensive Plan
Implementation Chapter, Comprehensive Plan Amendment Section; Idaho Code §
67-6509(b)).
2. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Land Use Planning Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §
67-6509).
3. The Meridian Planning and Zoning Commission may exercise all the
powers required and authorized under the "Land Use Planning Act" except the power
to adopt ordinances by the establishment of a Planning and Zoning Commission by
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP TO MIXED
PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006
PAGE 7 OF 15
ordinance pursuant to Idaho Code § 67-6504 which the City Council of the City of
Meridian has established by the passage of the "City of Meridian Zoning and
Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of
Meridian.
4. The City Council or any group or person may petition the Planning and
Zoning Commission for a plan amendment at any time. The following requirements,
time tables, and procedures to amend Meridian's Comprehensive Plan at pages 78 -
79 must be satisfied:
A. Application to amend the Comprehensive Plan may be filed with
the Planning and Zoning Commission at any time.
B. The Applicant will submit a letter for a Plan amendment which
will contain the following;
4.B. 1 Specific definition of the change requeSted.
4.B.2 Specific information on any property involved.
4.B.3 The condition or situation which warrants a change being
made in the Plan.
4.B.4 The public need for and benefit from such a change in the
Plan.
4.B.5 Documentation that no other solutions to the problem are
presented by the current policy of the Plan are possible or
reasonable.
4.B.6 Development intentions for any land involved.
PAGE 8 OF 15
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP TO MIXED
PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006
4.B.7 Any other data and information needed by the Planning
and Zoning Commission in evaluating the proposal, such
as who does it help, who does it hurt, how much is it going
to cost and who is going to pay for it.
C. No application will be considered until the required information
is complete.
(Meridian Comprehensive Plan Implementation Chapter, Comprehensive Plan
Amendments Section).
5. The Commission may recommend amendments to the land use map
component of the Comprehensive Plan to the City Council not more frequently than
one every six (6) months. (Idaho Code § 67-6509(d); Meridian Comprehensive Plan
Implementation Chapter, Comprehensive Plan Amendments Section)
6. The City Council may conduct a public hearing in addition to the
public hearing conducted by the Planning and Zoning Commission as provided by
Ordinance, prior to adoption, amendment, or repeal of the Comprehensive Plan using
the same notice and hearing procedures as the Commission, only after having
received the Recommendations from the Planning and Zoning Commission. Idaho
Code § 67-6509(b).
7. The Comprehensive Plan of the City of Meridian provides at page 79 in
Section F, G and H of the Section entitled "Comprehensive Plan Amendments" for
the procedure to be followed by the City Council upon receipt of the Planning and
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 9 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
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PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006
Zoning Commission's recommendations to as follows:
F:
Upon receipt of the Planning and Zoning Commission's
recommendations on Plan amendments, the City Council will set a date
for public hearing on the application. At the public hearing, the
proposed amendments will be presented and the City Council will
receive the report of is Committee, if one has been appointed, and
public testimony on each application.
G.'
At the public hearing or within 45 days thereafter, the City Council
shall approve or deny the application (except that with the written
agreement of the applicant, an additional amount of time, which shall
be specified, may be taken). All applicants shall be notified by mail of
the City Council's decision and the decision shall be supported by
findings of fact and conclusions of law. If the City Council makes a
material change in the proposed plan amendment it shall conduct one
additional public hearing prior to adopting the proposed amendment as
changed and may alter its findings of fact and conclusions of law.
H:
All applications for Comprehensive Plan amendments shall be acted
upon by the City Council within 16 months from their date of filing
unless, upon written agreement of the applicant, an additional amount
of time may be specified, or unless the provisions of Section (1) are
applicable requiring additional time for study.
8. The Meridian Comprehensive Plan applies to the Meridian Area of City
Impact and the coordination of amendments and zoning applications in the Impact
Area are as follows:
i-I I-6 Meridian Ci~ Code: Coordination of Amendments and Zoning
Applications:
"A. County and City Coordination: All applications for Ada County and
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 10 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP TO MIXED
PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006
Bo
Meridian amendments to their respective comprehensive plans and
implementing ordinances which apply within the area of City impact
shall be sent by the entity considering such amendment to the other
entity. A separate referral process shall be adopted by resolution by
each entity regarding procedures and time periods for, and the effect of,
sending such amendments, and such resolution may be amended from
time to time upon mutual agreement in writing by Ada County and the
City.
Applications To City: All Ada County applications for planned
developments, subdivisions, rezones, private roads, and conditional use
permits within the area of City impact shall be sent to Meridian, in
accordance with the referral process arrived at pursuant to subsection A
of this Section."
o
Planned Use
Commission
To change a designation from Single Family Residential to Mixed
Development requires approval by the Planning and Zoning
as provided under the City of Meridian Comprehensive Plan,
Implementation Chapter Comprehensive Plan Amendments Section.
10. Upon review of an amendment application affecting residential
designations, the Council should take the following policies into account:
10.1 Support a variety of residential categories (urban, rural, single-
family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of providing the City with a
range of affordable housing opportunities.
10.2 Support strategies for the development of neighborhood parks
within all residential areas.
10.3 PrOtect and maintain residential neighborhood property values,
improve each neighborhood's physical condition and enhance its
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 11 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
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PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006
quality of life for residents.
10.4 Encourage sidewalks and paved streets for all existing
neighborhoods through joint ACHD/Local Improvement District
programs.
10.5 Encourage compatible infill development which will improve
existing neighborhoods.
11. The requirements for a Comprehensive Plan are set forth in I.C. § 67-
6508. The statute provides in part that: "The plan shall consider previous and
existing conditions, trends, desirable goals and objectives, or desirable future
situations for each planning component. The maps and charts are based on the
components of the written plan."
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN
ADOPTED, the City Council does hereby Order and this does Order that:
1. The Applicant's request for Comprehensive Plan Amendment to the
Generalized Land Use Map Component to change the real property described in
Finding of Fact no. 3 from a Single Family Residential designation to Mixed Planned
Use Development designation is granted.
2. The City Attorney is directed to prepare for consideration by the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP TO MIXED
PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006
PAGE 12 OF 15
Council the appropriate Resolution directing the Comprehensive Plan Land Use Map
Component change of the subject real property from Single Family Residential to
Mixed Planned Use Development.
3. Subsequent to the passage of the Resolution, provided for in Section 2
of this Order, the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official Comprehensive Plan Generalized Land
Use Map component in conformance with this Order and the provisions of the
Resolution.
4. The City Clerk is to notify and provide a certified copy of the
Resolution to the appropriate Ada County officials to notify them of the
Comprehensive Plan amendment.
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 13 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP TO MIXED
PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006
NOTICE OF FINAL ACTION
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 may be adversely affected by the issuance
or denial of the Comprehensive Plan Land Use Map change 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 ~dA_. day
of
/.~e?~ ~x'~ , 1999.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTED
COUNCILMAN GLENN BENTLEY
VOTED
COUNCILMAN K.EITH BIRD
VOTED
COUNCILMAN CHARLIE ROUNTREE
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 14 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
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PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: //2 '- 7'- q f
VOTED
MOTION:
APPROVED:
-DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department, appropriate Ada County officials, and the City Attorney.
msg/Z:\Worl6MXaMeridian 15360M\Queenland Acres~FfCIDecOrdCPA
Dated:
FINDINGS OF FACT AND CONCLUSIONS OF LAW, PAGE 15 OF 15
DECISION AND ORDER AMENDING COMPREHENSIVE
PLAN GENERALIZED LAND USE MAP TO MIXED
PLANNED USE DEVELOPMENT / QUEENLAND ACRES, INC. - CPA-99-006