Oaks South RZ H-2017-0010CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0010 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Rezone of 0.005 acre from L-O to R-8; 0.001 acre from L-O to R-
15; 0.04 acre from R-15 to L-O; 0.22 acre from R-15 to R-8; 0.19 acre from R-15 to R-4; 0.31 an
acre from R-8 to R-4; and 0.07 acre from R-4 to the R-8 zoning district in the Oaks South
Development, by Thomas Coleman.
Case No(s). H-2017-0010
For the City Council Hearing Date of: May 2, 2017 (Findings on May 16, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 2, 2017, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 2, 2017, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 2, 2017,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 2, 2017, 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0010 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 2, 2017, incorporated by reference. The conditions 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 Staff Report for the hearing date
of May 2, 2017, 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 May 2, 2017
By action of the City Council at its regular meeting held on the C day of
2017.
COUNCIL PRESIDENT KEITH BIRD VOTED /k4
COUNCIL VICE PRESIDENT JOE BORTON VOTED X 74'
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED ---
COUNCIL MEMBER TY PALMER VOTED
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COUNCIL MEMBER LUKE CAVENER VOTED Y
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tam de eerd
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City Clerk
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: G • S'� y 60 Dated: �� ` 7 l
City Cleric's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0010 - 3 -
EXHIBIT A
Oaks South – RZ H-2017-0010 PAGE 1
STAFF REPORT Hearing Date: May 2, 2017
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Oaks South – RZ (H-2017-0010)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Thomas Coleman, has submitted an application for rezone (RZ) of 0.005 acre from L-
O to R-8; 0.001 acre from L-O to R-15; 0.04 acre from R-15 to L-O; 0.22 acre from R-15 to R-8; 0.19
acre from R-15 to R-4; 0.31 an acre from R-8 to R-4; and 0.07 acre from R-4 to the R-8 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 D.
The Meridian Planning & Zoning Commission heard this item on April 6, 2017. At the public
hearing, the Commission moved to recommend approval of the subject RZ request.
a. Summary of Commission Public Hearing:
i. In favor: Travis Jeffers, JUB Engineers
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Kristi Watkins, JUB Engineers (response to the staff report)
v. Staff presenting application: Sonya Allen
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 this item on May 2, 2017. At the public hearing, the Council
approved the subject RZ request.
a. Summary of City Council Public Hearing:
i. In favor: Travis Jeffers, JUB Engineers
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Kristi Watkins, JUB Engineers (in agreement with staff report)
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
EXHIBIT A
Oaks South – RZ H-2017-0010 PAGE 2
i. None
c. Key Issues of Discussion by Council:
i. None
di. 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-2017-
0010, as presented in the staff report for the hearing date of May 2, 2017, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0010,
as presented during the hearing on May 2, 2017, for the following reasons: (You should state specific
reasons for denial)
Continuance
I move to continue File Number H-2017-0010 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 generally located south of W. McMillan Road and east of N. McDermott Road, in the
NW ¼ of Section 33, Township 4N., Range 1W. (Parcel No.: S0433212510)
B. Owner:
Thomas Coleman, New Oaks, LLC
3103 W. Sheryl Dr., Ste. 100
Meridian, ID 83642
C. Applicant:
Same as Owner
D. Representative:
Kristi Watkins, JUB Engineers, Inc.
250 S. Beechwood Ave., Ste. 201
Boise, ID 83709
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: March 17, 2017 (Commission); April 14, 2017 (City
Council)
C. Radius notices mailed to properties within 300 feet on: March 9, 2017 (Commission); April 7,
2017 (City Council)
EXHIBIT A
Oaks South – RZ H-2017-0010 PAGE 3
D. Applicant posted notice on site(s) on: March 17, 2017 (Commission); April 22, 2017 (City
Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: This property is within the Oaks South project which is
currently in the development process, zoned R-4, R-8, R-15 and L-O.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: Not applicable (NA)
C. History of Previous Actions: This property was annexed (AZ-13-008) into the City and
preliminary platted (PP-13-013) in 2013. Five final plat applications (FP-14-025; FP-14-028; H-
2015-0038; H-2016-0020; H-2016-0127) have been approved so far for this development.
D. Utilities: NA
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: NA
3. Flood Plain: NA
VII. COMPREHENSIVE PLAN
The subject property is designated Medium Density Residential (MDR) on the Future Land Use Map
(FLUM) contained in the Comprehensive Plan.
MDR designated areas allow smaller lots for residential purposes within City limit s. Uses may
include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre).
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone(s):
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.
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 (UDC 11-2A-1).
B. Dimensional Standards of Zone(s):
UDC Table 11-2B-3 lists the dimensional standards in the L-O zoning district.
UDC Tables 11-2A-5, 11-2A-6 and 11-2A-7 list the dimensional standards for the R-4, R-8 and
R-15 zoning districts respectively.
C. Schedule of Use:
UDC Table 11-2B-3 lists the principal permitted (P), accessory (A), conditional (C), and
prohibited (-) uses in the L-O zoning district. Any use not explicitly listed is prohibited.
EXHIBIT A
Oaks South – RZ H-2017-0010 PAGE 4
UDC Tables 11-2A-5, 11-2A-6 and 11-2A-7 list the principal permitted (P), accessory (A),
conditional (C), and prohibited (-) uses in the R-4, R-8 and R-15 zoning districts respectively.
Any use not explicitly listed is prohibited.
D. Landscaping: NA
E. Off-Street Parking: NA
F. Structure and Site Design Standards: NA
IX. ANALYSIS
At the request of Staff, the applicant submitted the subject rezone application to “clean up” the
existing zoning in the Oaks South development so that the zoning coincides with the lot
configurations shown on approved and future final plats. This will eliminate lots having irregular and
dual zoning.
The rezone is for 0.005 acre from L-O to R-8; 0.001 acre from L-O to R-15; 0.04 acre from R-15 to
L-O; 0.22 acre from R-15 to R-8; 0.19 acre from R-15 to R-4; 0.31 an acre from R-8 to R-4; and 0.07
acre from R-4 to the R-8 zoning district. The proposed zoning is consistent with the MDR FLUM
designation in the Comprehensive Plan.
The legal descriptions submitted with the application, included in Exhibit C, show the boundaries of
the properties proposed to be rezoned.
Staff recommends approval of the proposed rezone request for this site in accord with the findings
contained in Exhibit D.
X. EXHIBITS
A. Vicinity/Zoning Map
B. Agency & Department Comments
C. Legal Descriptions & Exhibit Maps for Rezone Boundaries
D. Required Findings from Unified Development Code
EXHIBIT A
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A. Drawings
1. Vicinity/Zoning Map
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EXHIBIT A
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B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS
1. PLANNING DIVISION
1.1 The Planning Division is in support of the proposed request.
2. PUBLIC WORKS DEPARTMENT
2.1 The Public Works Departments has no comments on this application.
3. POLICE DEPARTMENT
3.1 The Police Department has no comments on this application.
4. FIRE DEPARTMENT
4.1 The Fire Department had no comments on this application.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments on this application.
6. PARKS DEPARTMENT
6.1 The Park’s Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 ACHD has no comments on this application.
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C. Legal Descriptions & Exhibit Maps for Rezone Boundaries
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D. 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 proposed map amendment complies with the applicable provisions of the Comprehensive
Plan as required (see section VII above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment is consistent with the purpose
statement for the residential and commercial 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 will be extended at the expense of the
applicant.
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 subject application is for a rezone.