Valenti Rezone - RZ-13-004CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDR IAN,--
~J
Lt the Matter of the Request for a Rezone of 0.34 of an acre from the R-4(Medium-low Density
Residential) to the O-T (Old Town) Zoning District for the Property Located on the Northwest
Corner of N. Meridian Road and W. Washington Street, by Jeanne Valenti.
Case No(s). RZ-13-004
For the City Council Hearing Date of: July 16, 2013 (Findings on August 13, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Repot•t for the hearing date of July l6, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 16, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 16, 2013,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 16, 2013, 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 (LC. X67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 1 1 Meridian City Code, and all current zoning reaps thereof. The City of Meridian has, by
ordinance, established the hnpact Area acrd the Amended Cotnprehensive 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 § 1 1-SA.
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 unposed.
CITY OF Mh:R[DIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDRR
CASENO(S). R/,-13-004
-I-
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 Comments all in the attached Staff Report for the hearing date
of July 16, 2013, incorporated by reference.
C. Decision and Ordet•
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upori
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
l . The applicant's request for a I•ezone is hereby approved per the attached Staff Report for the
hearing date of July 16, 2013, attached as Exhibit A.
D. Notice of Final Action and Right to Regidatory 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 coriceruing the tnatter at issue. A request for a regiilatory takings analysis will
toll the thne 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 persori 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 July 16, 2013
CITY OF MERIDIAN FINDINGS OF PACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-13-004
-2-
By action of the City Council at its regular meeting held on the 1 ~ ~ day of ~ ,
2013.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest:
,J~~t~nnu L'T~
~°Y so
~ ~
n ,~ City of
93RD
0DAH0
City Clerk
SEAL- `~
~P
~1rF8 °~the'[RE aS ~6
de Weerd
VOTED (~ >~_
VOTED_ ~ U
VOTED_ ~~
VOTED
.~
VOTED
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
- ~ Dated: ~ • (3 (~j
City ,,lerk s ~ ' e - - - -- "~
\~ 1
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-13-004
-3-
EXIIIBIT A
STAFF REPORT
HEARING DATE:
TO:
FROM:
July ] 6, 2013
Mayor and City Council
~~Vl E IDIAN~-~-
SUBJEC"I':
Bill Parsons, Associate City Planner
208-884-5533
Bruce Frecl<leton, Development Services Manager
208-887-2211
RZ-13-004 -Valenti Rezone
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Jeanne Valenti, leas submitted an application for rezone (RZ) of 0.34 of an acre of land
from the R-4 (Medium-low Density Residential) to the O-T (Old Town) zoning district. See Sectio~a
IXA~tal}psi.+• foi• more i~~for~matio~a.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ application as requested by the applicant, based on
the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian
Planuin~ and Zoning Commission heard this item on June 6, 2013. At the public hearing, the
Commission voted to recommend approval of the subiect RZ regaest.
a. Summary of Commission Public HearinE:
i. In favor: Richard Gray
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting appNcation: Sill 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 Iuly I6 2013 At the public hearing, the Council
a ~ roved the subiect RZ request
a Summar•v of City Council Public Hearin
i In favor: Richard Grav
ii. In opposition: None
i;i Commentin~° None
Written testimony: None
Y,. taff nr•esentin~ annlication: Bill Parsons
y~, Other staff commentiu~ on annlication: None
h ev Issues of Discussion by Council:
i. n
~ Kev Council Changes to staff/Commission Itecommendatinn
i. None
Valenti Rezonc - RZ-13-004 PAGE 1
EXHIBIT A
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public tesffinony, I move to approve File Number RZ-13-
004 as presented in the staff report for the hearing date of July 16, 2013, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testunony, I move to deny File Number RZ-13-004 as
presented in the staff report for the hearing date of July 16, 2013, for the following reasons: (You
should state specific reasons for denial.)
Continuance
I move to continue File Number RZ-13-004 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 subject property is located on the NWC of N. Meridian Road and W. Washington St<•eet in
the NE'/o of Section 12, Township 3 North, Range I West.
B. Owner(s):
Jeanne Valenti
P.O. Box 40
Meridian, ID 83680
C. Applicant:
Same as owner
D. Representative:
Richard Gray, Compass Land Surveying
419 Madrone Circle
Nampa, ID 83686
E. Applicant's Statement/Justification: Please see applicants 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: May 20, and June 3, 2013 (Commission); June 24 and
July 8, 2013 (Councip
C. Radius notices mailed to properties withh~ 300 feet on: May 16, 2013(Commission); June 20,
2013 (CounciD
D. Applicant posted notice on site by: May 23, 2013(Cotnmission); July 5, 2013 (Council)
VI. LAND USE
A. Existing Lattd Use(s): The subject property is developed with an existing single family residence.
Valenti Rezone - R%-13-004 PAGE 2
EXHIBIT A
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Single-family residence, zoned R-4
2. East: Meridian Road; Single family residence, zoned R-15
3. South: Barber Shop (personal service use), zoned O-T
4. West: Single-family residences, zoned R-4
C. History of Previous Actions: In 2012, the Planning Division approved a property boundary
adjustment (FBA-12-009) to consolidate two (2) parcels into one.
D. Utilities:
I. Public Works:
a. Location of sewer: Existing home is connected to sewer.
b. Location of water: Existing home is connected to water.
a Issues or concerns: None
E. Physical Features:
1. Cartals/Ditches hrigation: NA
2. Hazards: Staff is unaware of any hazards that may exist on this site.
3. Flood Plain: This site does not lie within a floodplain or floodway.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated Old Town on the Comprehensive Plan Future Land Use Map (FEI)N).
This designation includes the historic downtown and the true community center. Sample uses include
offices, retail and lodghtg, theatres, restaw~ants, 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 of office uses.
At this time, there is no development proposed for the subject property. The existing residence will
remain which is an allowed use within the requested O-T zone.
Staff finds the followhtg Comprehensive Plan policies to be applicable to this property and apply to
the existing office use (staff analysis in italics):
• Require all new parking lots to provide landscaping in intental islands and along streets
(2.01.04B, Chapter 2, page 14).
If/Wber~ dhe exrstrng r•esider~~ce is com~erted to a commercial use ira the fixture, the par•krng lot must
comply with the landscape stcmdnrds set forth in UDC 11-3B-7C.
• Restrict private curb cuts and access points on collectors and arterial streets (3.06.02D, Chapter 3,
page 53).
Meridian Road access rvrdl be prohibited upon redenelopmextt of the property, including
conversion of the ea:istixtg bonne to a non-resddentlal use. F~trtza•e access to this site tinill be
required from W Washington Sheet in accord with UDC 11-3A-3, rovhen n Cert~cate of Zoning
Compliance permit is issued
• Permit new residential, commercial, or industrial developments only where urban services can be
reasonably provided at the time of final approval and development is contiguous to the City
(3.01.O1F, Chapter 3, pg. 45).
Valenti Rezone - RZ-13-004 PAGE 3
EXHIBIT A
The subject properdj~ lies tvidlaln the boemdardes of dlae Cit)~ of Meridian and is provided with CiF3~
services. Tlads seta~ice twill nod chrntge tvdth the rezoning of the property.
• Encourage Infill Development(3.04.02B, Chapter 3, pg. 5]).
Ad dais tinge, no new developmend is proposed for the sztbject properly however; rezontitg this
property to the O-T zone allon~s the properly to redevelopment with a greater rcn•iez~~ of uses as
envisioned under the Comprehensive Plan.
Based ou the analysis above, staff finds the existing use of the property and the proposed rezone to O-
T is consistent with the goals and objectives of the Comprehensive plan.
VIIL UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: Per UDC 11-2D-IA, the purpose of the old town district is to
accommodate and encourage further intensification of the historical city center in accord with the
Meridian Comprehensive Plau. The intent of the O-T district is to delineate a centralized activity
center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural,
financial and recreational center of the city. Public and quasi-public uses integrated with general
business, and medium high to high density residential is encouraged to provide the appropriate
mix and intensity of activities necessary to establish a truly urban city center.
B. Schedule of Use: Unified Development Code (UDC) Table 1 I-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. The existing single family residence
will remain a principally permitted zrse in d7ie O-T zonrng district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2D-4 for the O-T zoning district.
D. Access to Streets: Future development of this site must comply with the access standards set fa-flt
in UDC 11-3A-3. Czn~rendly, dhe property has access to N Merrdrem Road Upon fzrdure
development or change in arse on dhe site, dhe Meridima Road access must cease and access to the
side must be facdlidaded from W. Washington Sb•eet rn7d/or alley as ilhish~aded in the proposed
conceptpTnn.
E. Landscaping: Parking lot landscaping must be installed in accord with the standards listed in
UDC Table 11-3B-8C.
Off Street Parking: UDC 11-3C-6B requires 1 space fa• every 500 square feet of gross floor area.
Off-sireetpcn-kdng applies to this properly tvitla a change of vse or upon rederelopnaent of the si[e.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
REZONE (RZ):
This site consists of 0.16 of an acre (0.34 of an acre including adjacent right-of=way) of land
currently zoned R-4. The applicant proposes to rezone the property to O-T, consistent with the
Comprehensive Plan Future Land Use Map designation of Old Town for this site. Currently, the
property is developed with a single family residence which will remain a principally permitted
use under the requested O-T zone. Currently, the existing home and property does not conform to
the dimensional standards of the R-4 district The R-4 zoning district requires a 25-foot street
setback for the shuchu-e and at least 60 feet of frontage and a minimum 8,000 square foot lot The
rezone would eliminate the non-conformity as the O-T zone does not specify a minimum lot size
or building setback.
Valenti Rezone - RZ-13-004 PAGE 4
EXHIBIT A
The applicant states that the current owner of the property has no desire or intention of
developing the property at this time. Due to the split corridor roadway project, the owner is
requesting the rezone to prepare the property for future sale and increase the marketability of the
property.
The applicant has submitted a basic concept plan (Exhibit A.2), as required with rezone
application. The prunary purpose of this plan is to demonstrate that future access of the property
will be provided from W. Washington Street and/or alley consistent with UDC 11-3A-3.
With redevelopment and/or change of use for the site, a Certificate of Zoning Compliance
application will be required to be submitted to the Plamvng Division for review and approval.
The applicant will be responsible for ensuring the site complies with all City of Meridian
ordinances in effect at the time of development inclndurg but not limited to parking, landscaping
and access. Further, the applicant will be responsible for obtaining approvals from the Building
Division if/when a change of use is proposed for the property.
Although not required, the City typically requires the execution of a development agreement
(DA) with rezone requests. Staff is not recommendurg a development agreement with the subject
rezone request for the following reasons:
1) This is a relatively small parcel and the rezone of the property would eliminate the non-
conformity of the property with regards to the R-4 dimensional standards;
2) The existing single family home is a principally permitted use in the proposed O-T zone. Any
change of use and or redevelopment will require certificate of zoning compliance and
administrative design review approval, which will trigger the prohibition of the existing access
point to Meridian Road and;
3) The Comprehensive Plan encourages the revitalization of Downtown. Any fi~hue development
must comply with all City ordinances in effect at the time of development.
Staff recommends approval of the proposed RZ application in accord with the comments listed in this
report based on the findings in Exhibit D.
X. EXHIBITS
A. Drawings
I. Vicinity Map
2. Concept Plan
B. Agency Comments
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Setvice Company
6. Ada County Highway District
7. Parks Department
C. Rezone Legal Description & Exhibit Map
D. Required Findurgs from Unified Development Code
Valenti Rezone - RZ-13-004 PAGE 5
EXHIBIT A
Exhibit A.1: Vicinity Map
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Valenti Rczonc - RZ-13-004 PAGE 6
EXHIBIT A
Exliibit A.2: Concept Plan
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Valenti Rezonc - RZ-13-004 PAGE 7
EXHIBIT A
Exhibit I3: Agency Comments
I. PLANNING DEPARTMENT
1.1 With airy future expansion, change of use and/or redevelopment, the applicant will need to
comply with all bulk, use, and development standards of the Old Town zoning district listed in
UDC Chapter 2, District Regulations.
1.2 All fuhu•e development of the subject property and expansion of existing stt•uctw•es will need to
comply with City of Meridian ordinances in effect at the tune of development and must obtain
certificate of zoning compliance and administrative design review approval fi•om the Plarming
Division.
13 Future access to this site must be provided from the adjacent local streets (W. Washington Sheet)
or the adjacent alley in accord with UDC 11-3A-3.
1.4 With any future expansion, change of use and/or redevelopment, the applicant must contact the
Building Division for code requirements pertaining to the site changing from a residential use to a
non-residential use. The applicant will be responsible to complete all required improvements
prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or
struehue tmtil the Building Official has issued a Certificate of Occupancy.
2. PUBLIC WORKS DEPARTMENT
2.1 The Public Works D.epaitment has no concerns with this application.
3. FIRE DEPARTMENT
3.1 The proposed project has no Fire Deparhment concerns.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns with this application.
5. REPUBLIC SERVICES
5. ] Republic Services has no concerns with this application.
6. PARKS DEPARTMENT
6.1 The Park's Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 The applicant shall be required to meet all of the ACRD Standard Conditions of Approval as well
as all ACRD Policies and requirements that may apply.
Valenti Rezone- RZ-13-004 PAGE 8
EXHIBIT A
Exhibit C: Rezone Legal Description & Exhibit Map
F.XfI1BITA
COMPAS:SI.AAIDSURVE'YINQ. PLLC
~sr~4rao~necn.
Nan~,a, /danoelses
Cliertl• Jeanne Valenti
Date: August 8, 2012
JOb Np.: 3312
REXONE DESCRIPTION
rerephara: ~zoa~ a4z-orrs
Fax.~(z08)~2x2rrAB
EaraU, rg~.ds~-gmeil.carr
A parcel of Iantl being aO of la[ 1 BWdc 2, one half of tiro adjacent dgh! of ways of N. Meridian Rand and W.
Washington Avs. and one half d the adjacer+t allay. All being pan of Ore Niday's Second Addition to Meridian
as recorded in Sook t 1 of plats at papa 594 in the OfBoe of the Recorder of Ade Canty, Idaho. Said lot
located in Ole SE 1f4 NE 114 of Seconn 12, Tarrnsh~ 3 NerOr, Range 1 Walt, Boise Maddi~r, Cky of
Nkddian, Ada County Idaho, more par8culady described as folbws:
Commencing at a fcund 2-1/2 indr diameter brass cep mating the 3E mmar of said SE 1!4 NE if4, (East
1/4 comer), aekl wmer bears S. l10° 00' 00" E., a distance of 2652,13 feet from a found 2-112 Inch diameter
brass cap marking Me NE corner of said NE 114, (Section rbmer+bmmonlo aer3tiarrs 1, 6.7 and 12y;
Therrpe N, 00° 00' 00° E, a distance of 978.091eet along Ore eaaedy troundary d said SE 114 NE 1/4 and
along the oantedkre of said N. Meridian Road re e found spOce mating the Interseclbn of said N. Meridian
Road and W. WaNrington Ave., said point being Ore PpfNTOF9EC:JNNrNG
Therese slang the ceCrtsA(rre of said W. WasNngton Ava., N. 89° 48' 41" W., a distanr~ of 158.00 teat to a
point marking rise krtersecttan of said W. Washington Ave. and said alley way;
Theresa abng the cenlarlkre of said alley way, N. 00° ~' Ot" W., a d~tance of 04.02 feet td a paint markng
the northerly boundary of sold lot 1 Block 2 extended;
Thsnrx abng the nonherty boundary at said Lott 8kck 2, S. 89° 4$° S5" E., a distan+m ofi 156.00 teat to a
pdrrt rnarklrrg the easterly boundary of saki SE 1/4 NE i!4 and ~ntedine of said N. Meridian Road;
Therxxr along the eastery boundary CN said SE 114 NE tr4 and along the contedkra of saW N. Meridian Road
3.00° 00' 00" E., s distance of 04.03 feet to the PO/NTOFBEG/NN/NC3.
The area described in Orls descdptbn contains 14,855 square feet more or Asa.
SUAIEGT TO.•A8 existing fights of way and easemeMS of record or implied appearing an Ore ebove-
described part~t of land.
REV ROVAL
BY
AF~i 2 9 2A13
MERIDIAN PUBLIC
WORKS DEPT.
Valcnti Rezone - RZ-13-OOd PAGE' J
EXHIBIT A
EXHIBIT B
LOT 2 BLOCK 8 NIDAY'S 5'ECOND ADDITION 1Y1 If6RID1AN
RE7.ONE DESCR~TION RXIIIBI7'
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AOOdC 47 FACE 594 ctv
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Valenti Rezone - KZ-13-004 PAGE 10
EXHIBIT A
D. Required Findings from United 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 m•der to grant a rezone, the
Council shall make the follmving findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Council finds that the requested map amendment to O-T is generally consistent with the
provisions of the Comprehensive Plau noted above hr Section VII.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the requested map amendment to the O-T zoning district is generally
consistent with the purpose statement of the old town district since the existing home will
remain a principally permitted use and the rezone will clean-up the non-conformity of the
property.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the requested zoning amendment will not be detrimental to the public
health, safety, or welfare. The site is already serviced by City utilities. The Council
considered all oral or written testimony 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 requested 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-SB-3.E).
The Council finds rezoning this property to O-T is in the best interest of the City as it will
accommodate and encourage further intensification of the downtown core.
Valenti Rezone - RZ- 13-004 PAGF, I ]