HomeMy WebLinkAboutSecret Garden Subdivision CUP-04-022
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 08/10/04
IN THE MATTER OF THE REQUEST)
FOR CONDITIONAL USE PERMIT )
APPROVAL FOR A SINGLE FAMILY)
RESIDENTIAL AND OFFICE USES)
IN A PROPOSED R-8 ZONE FOR )
SECRET GARDEN SUBDIVISION )
)
)
Case No. CUP-O4-022
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PINNACLE ENGINEERS, INc.,
Applicant
The above entitled conditional use pennit application having come before the City
Council on August 10, 2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Anna Canning and Chris Hobbs, appeared and testified, and the
City Council having duly considered the evidence and the record in this matter and the
Recommendations to City Council issued by the Planning and Zoning Commission who
conducted a public hearing and the Council having heard and taken oral and written testimony,
and having duly considered the matter, the City Council hereby makes the following Findings of
Fact, Conclusions of Law and Decision and Order to-wit:
FINDINGS OF FACT
1.
The property is approximately 1.11 acres in size and is located at the half mile between
Fairview Avenue and Ustick Road on the east side of Locust Grove Road, within Section
5, Township 3 North, Range I East.
2.
Oliver Cleaver and Debbie A. Cleaver are the current property owners and Oliver Cleaver
has provided notarized consent for the subject application.
3.
The Applicant is Pinnacle Engineers, Inc.
4.
The subject property is currently zoned R-8 and contains an existing residence and
outbuildings.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SECRET GARDEN SUBDIVISION; CASE NO. CUP-04-o22
PAGE 1 OF?
Lot Size-
5.
The Applicant requests the property be zoned L-O (0.21 acres) and R-8 (0.89 acres),
which is existing.
6.
The property which is the subject of this application is within the Area of Impact of the
City of Meridian.
7.
The Applicant requests the Conditional Use Pennit for a Planned Development consisting
of one office building and six (6) single-family townhomes. The Planned Residential
Development designation within the City of Meridian Zoning and Development
Ordinance requires a Conditional Use Pennit be obtained for most uses including those
requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section
11-8-1).
8.
The Meridian Planning and Zoning Commission recognizes that the proposed application
is in compliance with the Meridian Comprehensive Plan.
9.
The use proposed which is the subject of this will, in fact, constitute a conditional use as
determined by City policy.
The City Council of the City of Meridian hereby approves the requested Conditional Use
Pennit as requested by the Applicant for the property described in the application, subject to the
following:
A.
Adopt the Conditions and Recommendations of the Meridian Planning & Zoning and
Public Works Departments, as follows:
1.
Applicant shall meet all of the requirements of the preliminary plat as a condition
of the Conditional UsePennit.
2.
The application is approved for the following deviations from the Zoning and
Subdivision Ordinance:
Citv R-8 Reouirement
4,000 sq.ft (attached).
Reduced Lot Sizes
3,946 sq. ft. (attached)
Lot Frontage- City R -8 Reouirement
40'minimum
Reduced Frontage
31' minimum
Private Streets- City Width Reouirement
24' minimum width;
sidewalks on both sides
Reduced Private Street Standards
20' minimum width (in
hammerhead);
sidewalks on one side (no s/w in
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SECRET GARDEN SUBDIVISION; CASE NO. CUP-o4-022
PAGE 2 OF 7
B.
C.
D.
hammerhead)
3.
All development shall comply with the Americans with Disabilities Act and the
Fair Housing Act.
4.
No building pennits for new construction shall be issued within the development
until a Final Plat has been recorded for the subdivision.
Adopt the Recommendations of the Meridian Parks Department as follows:
1.
Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed.
2.
Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
Adopt the Recommendations of Nampa Meridian Irrigation District as follows:
1.
If any surface drainage leaves the site, Applicant shall apply for a land use change
application prior to final platting.
2.
All laterals and waste ways must be protected.
3.
The Developer must comply with Idaho Code 31-3805.
4.
NMID recommends that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
Adopt the action of the City council taken at their August 10, 2004 meeting, as follows:
For Clarification:
1.
Prior to commercial or office use of the existing house, the applicant shall submit
drawings that compare the look of the townhomes to be built to the look and
condition of the existing house, including the submission of a comparison
between building materials.
DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SECRET GARDEN SUBDrVISION; CASE NO. CUP-O4-o22
PAGE 3 OF 7
That the above named applicant is granted a conditional use pennit for a Planned
Development for Single-Family Residential and Office Uses in a Proposed R-8 Zone, for Secret
Garden Subdivision located at the half mile between Fairview Avenue and Ustick Road on the
east side of Locust Grove Road, within Section 5, Township 3 North, Range I East. Meridian,
Idaho, subject to the following conditions of use and development:
A.
Lot Size-
Adopt the Conditions and Recommendations of the Meridian Planning & Zoning and
Public Works Departments, as follows:
1.
Applicant shall meet all of the requirements of the preliminary plat as a condition of
the Conditional Use Permit.
2.
The application is approved for the following deviations from the Zoning and
Subdivision Ordinance:
Citv R-8 ReQuirement
4,000 sq.ft (attached).
Reduced Lot Sizes
3,946 sq. ft. (attached)
Lot Frontage- City R-8 Reouirement
40'minimum
Reduced Frontage
31' minimum
Private Streets- City Width ReQuirement
24' minimum width;
sidewalks on both sides
B.
Reduced Private Street Standards
20' minimum width (in
hammerhead);
sidewalks on one side (no s/w in
hammerhead)
3.
All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
4.
No building permits for new construction shall be issued within the development
until a Final Plat has been recorded for the subdivision.
Adopt the Recommendations of the Meridian Parks Department as follows:
1.
Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed.
2.
Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SECRET GARDEN SUBDIVISION; CASE NO. CUP-O4-022
PAGE 4 OF 7
C.
Adopt the Recommendations ofNampa Meridian Irrigation District as follows:
I. If any surface drainage leaves the site, Applicant shall apply for a land use change
application prior to fmal platting.
2. All laterals and waste ways must be protected.
3. The Developer must comply with Idaho Code 31-3805.
4. NMID recommends that irrigation water be made available to all developments within
the Nampa & Meridian Irrigation District.
D.
Adopt the action of the City council taken at their August 10, 2004 meeting, as follows:
For Clarification:
1.
Prior to commercial or office use of the existing house, the applicant shall submit
drawings that compare the look of the townhomes to be built to the look and
condition of the existing house, including the submission of a comparison
between building materials.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION
Please take notice that the conditional use pennit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the permit
holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building pennits and
commence construction of permanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SECRET GARDEN SUBDIVISION; CASE NO. CUP-O4-o22
PAGE 5 OF 7
project. For projects requiring platting, the fmal plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year from the
original date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval ofthe future phases shall be null and void. (MCC 11-17-
4.B.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
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.
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 conditional use permit
approval 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SECRET GARDEN SUBDrVISION; CASE NO. CUP-04-022
PAGE 6 OF 7
By action of the City Council at its regular meeting held on the l-- +I-.
day of
&p-krn hu- , 2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE
VOTED~
COUNCILMAN BILL NARY
VOTED~
COUNCILMAN CHARLIE ROUNTREE
VOTED~
COUNCILMAN KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD (TIE BREAKER)
DATED: ~-f'C~
VOTED -
MOTION:
APPROVED:~
DISAPPROVED:
Attest:
By: , -flU. a .À h.i Q N..J
City Clerk's Office
Dated:~
Z:I WorklM\MeridianlMeridian 15360MlSecret GardenISecGardFFCillRD-CUP-04-022.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
SECRET GARDEN SUBDIVISION; CASE NO. CUP-O4-oZ2
PAGE 7 OF 7