Z - Signed Findings of Denial CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N:- ,
AND DECISION&ORDER A 1
In the Matter of the Request for City Council Review of the Planning Director's determination that
a Reduced 5-foot Interior Setback Specified in UDC Table 11-2B-3 did not apply to a new Structure
Proposed for Construction on the Property Located at 2560 S.Meridian Road,by Clark Wardle.
Case No(s). CR-2021-0003
For the City Council Hearing Date of: July 6, 2021 (Findings on 08/10/2021)
A. Findings of Fact
1. Hearing Facts(see attached Director's Determination letter for the hearing date of July 6,2021,
incorporated by reference)
2. Process Facts (see attached Director's Determination letter for the hearing date of July 6, 2021,
incorporated by reference)
3. Application and Property Facts(see attached Director's Determination letter for the hearing date
of July 6, 2021, 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 as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The letter 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.
6. That the City Council has ruled in favor of the Director in accordance with this determination
letter dated May 5, 2021,which was reviewed by the Mayor and City Clerk and then a copy
served by the Clerk upon the applicant,the Community Development Department and any
affected party requesting notice.
7. That this decision upheld the Director's interpretation of the setbacks set in UDC Table 11-2B-3
that apply to the subject property in the letter for the hearing date of July 6, 2021, incorporated by
reference.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(SPEEDY QUICK-CR-2021-0003) - 1 -
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 City Council Review of the Director's determination regarding the
dimensional standards set forth in UDC Table 11-2B-3 is hereby upheld per the Director's
Determination letter for the hearing date of July 6,2021, attached as Exhibit A based on the
following reasons:
• The Council review of the Ordinance was to determine if the change in minimum setback
for an existing building that is being re-used can be less than the allowed setback in the
designated zone for a new building; and
• The City Council agrees with the analysis and interpretation of the Director's Determination
that was the basis of the Council's review,and is incorporated by reference to this decision;
and
• The Council determined that the language on its face could be construed in more than one
way,but in evaluating the intent of the interpretation to apply to a re-use of an existing
structure was more reasonable interpretation to apply to the single residential building,but
not to any new buildings to be constructed on the site; and
• The intent of the code was to grant limited leeway to re-use an existing structure,but not
simply waive all setback requirements entirely.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. 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: Director's Determination letter for the hearing date of July 6,2021
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(SPEEDY QUICK-CR-2021-0003) -2-
By action of the City Council at its regular meeting held on the 17th day of August
2021.
COUNCIL PRESIDENT TREG BERNT VOTED
COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert Simison 8-17-2021
Attest:
Chris Johnson 8-17-2021
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
8-17-2021
By: Dated:
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR(SPEEDY QUICK-CR-2021-0003) -3-
Mayor Robert E. Simison
I City Council Members:
E DIAN?� Treg Bernt Brad Hoaglun
Joe Borton Jessica Perreault
A r i Luke Cavener Liz Strader
May 5, 2021
Joshua J: Leonard
Clark Wardle
251 E. Front Street
Suite 310
P.O. Box 639
Boise, ID 83701
Dear Mr. Leonard:
This letter is in response to your request for a Director's Determination as set forth in your letter
dated April 12, 2021. A Certificate of Zoning Compliance (CZC) and Design Review are
presently being processed to allow a mobile dispatch company in the Limited Office Zoning
District(L-O) located at 2560 S. Meridian Rd(Speedy Quick CZC, DES A-2020-0135). Project
scope includes an exterior fagade improvement to an existing 1,700 sq. ft. residential structure, a
new 27 space parking lot, outdoor storage yard,required landscaping and new 2,500 sq. ft.
storage building. A conditional use was approved for this use on June 22, 2017 (H-2017-0031).
In your April 12, 2021 letter, you assert that a 5' side setback should be required rather than a
10' setback for the proposed 2,500 sq. ft. new storage building at the southeast portion of the
property. Your explanation for this setback reduction is that in Table 11-2B-3,regarding
dimensional standards in the commercial district,the interior side setback in the L-O zoning
district is shown as "10152"with a note below which states "minimum setback only allowed with
reuse of existing residential structure". You contend this project involves the reuse of the
existing residential structure at the southwestern portion of the property(adjacent to S. Meridian
Rd), all new structures on the property are also entitled to this reduced setback. You believe that
"staff improperly and incorrectly read into this section of the UDC. (The letter also mentions the
setback reduction should likewise be applied to the landscape buffer. Reduction in landscape
buffer to residential uses is not applicable under this code section however, it is eligible through
the Alternative Compliance (ALT)process. This has already been requested as part of the CZC
submittal.)
As staff mentioned in their February 25, 2021 email,the 5' setback allowance in UDC 11-2B-3
is to address the existing homes along arterials that may convert to office uses. As an example,to
explain the intent, staff noted most of the residential structures in this area were constructed with
a 5-foot setback, and if rezoned from residential to office, requiring a 10' setback would create a
non-conforming structure if this exception in the UDC did not exist. This setback reduction has
been interpreted correctly and does not extend to all new structures that are proposed for
construction on the same property.
Community Development Department- 33 E. Broadway Avenue, Ste. 201, Meridian, ID 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.rneridiancity.org
Joshua J. Leonard
Page 2
If you have any questions or concerns regarding these determinations,please feel free to call me
at 208-884-5533.
Sincerely,
Caleb Hood,AICP
Planning Division Manager