HomeMy WebLinkAboutBerkeley Square CUP 01-040BEFORE THE crrY COUNCIL OF THE CITY OF MERIDIAN
C/C 03/05/02
IN THE MA'ITER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNF~D
DEVELOPMENT FOR
BERKE!.EY SQUARE
SUBDIVISION IN AN R-8
ZONE, LOCATFJ~ AT lo25
NORTH TEN MILE ROAD,
MERIDIAN, IDAHO
JONATHAN WARDI.F~
WARDI,E & ASSOCIATES,
APPLICANT
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Case No. CUP-ol-o4o
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT
The above entitled conditional use permit application having come before
the City Council on February 19, 2002 and continued until March 5, 2002, at the hour
of 6:3o p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shaft
Stiles, Planning and Zoning Administrator, and Jonathan Wardle of Wardle &
Associates, 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 AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONOmONAL USE PERMIT - 1
I~INDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published
for two (2) consecutive weeks prior to the said public hearing scheduled for February 19,
2oo2 and continued until March 5, 2oo2, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers of
record within three hundred feet (3oo') of the external boundaries of the property
under consideration more than fifteen (15) days prior to said hearing and with the
notice of public hearing having been posted upon the property under consideration
more than one week before said hearing and the copies of all notices were made
available to newspaper, radio and television stations as public service announcements;
and the matter having been duly considered by the City Council at the February 19,
20o2 and continued until March 5, 2oo2, public hearings; and the applicant, affected
property owners, and government subdivisions providing services within the planning
jurisdiction of the City of Meridian, having been given full opportunity to express
comments and submit evidence.
2. There has ~n compliance with all notice and heating requirements set
forth in Idaho Code §67-65o9, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. This proposed development request is in an RWI? zone and by reason of
the provisions of the Meridian City Code § 11-17-4, a public hearing was required before
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING COlVOmONAL USE PERMIT - a
the City Council on this application.
4. The property is located at lO25 North Ten Mile Road, Meridian, Idaho.
The owner of record of the subject property is Jake Centers, Meridian,
Idaho.
6. Applicant is Jonathan Wardle of Wardie & Associates of Boise, Idaho.
7. The subject property is currently zoned RUT by Ada County. However,
there is a current application before the City Council for annexation and zoning to R-8.
The zoning district of R-8 is defined within the City of Meridian Zoning and
Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for
development of 35 single family dwellings and 15 other lots. The R-8 zoning designation
within the City of Meridian Zoning and Development Ordinance requires a conditional
use permit be obtained for most uses including those rx.~quested by the Applicant.
(Meridian City Zoning and Development Ordinance, Section n-8-1).
9. The Meridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive Plan.
10. The use proposed within ~he subject apphcation w~ll in fact, conslJtute
conditional use as determined by City Ordinance.
11. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles n and 12, Meridian City
Code and all current zoning maps thereof and the Comprehensive Plan of the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 3
Meridian, and Maps and the Ordinance establishing the Impact Area Boundary.
12. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public
facilities and services required by the proposed development will not impose expense
upon the public if the following conditions of development are imposed and the
following is also found to be required to mitigate the effects of the proposed use and
development upon services deh'vered by political subdivisions providing services to the
subject real property within the planning jurisdiction of the City of Meridian, subject to
the following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
Applicant shall meet all of the requirements of the preliminary plat as a condition of
the Conditional Use Permit.
2. All common area landscaping shall be installed prior to the issuance of an
occupancy permit for any home built within the subdivision.
3- The micro-path shall be inst~lled as submitted.
4. All the Recommendations of ACHD, Central District Health, Nampa and
Meridian Irrigation District and Meridian Fire Depat-hnent, contained in the
Preliminary Plat (PP-ol-o22) and Annexation and Zoning documents (AZ-ox-
o21) also apply to the conditional use permit.
x3. That the site is large enough to accommodate the proposed use and all
yards, open spaces, parking, landscaping, and other features as may be required by this
ordinance; it is found that the subjec~ property is large enough to accommodate the
requested use and all other required features.
x4. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDmONAL USE PERMIT - 4
Ordinance; it is found that the current Comprehensive Plan Land Use Map designates
the property as ~Mixed Residential'. The proposed residential uses are harmonious with
and in accordance with the Comprehensive Plan, The design shall comply with the
requirements of City Ordinance. The projeet is being proposed as a conditional use for a
planned development in order to allow reduced lot sizes, reduced street frontages, and
reduced side yard setbacks.
]5. That the design, construction, operation, and maintenance will be
compatible with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely change
the essential character o the same area; it is found that the street design shall be
modified to provide connectivity to adjacent parcels in order to be compatible with the
intended character of the area.
16. That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity; it is found that the
proposed use would not adversely affect other properties in the general vicinity.
17. That the proposed use will be served adequately by essential public
facilities and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for the
establishment of proposed conditional use shall be able to provide adequately any such
services.
18. That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the economic
welfare of the community.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 5
19. That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any persons,
property, or general welfare by reason of excessive production of traffic, noise, smoke,
fumes, glare or odors.
2o. That the proposed use will have vehicular approaches to the property
which shall be so designed as not to create an interference with traffic on surrounding
public streets.
21. That the proposed use will not result in the destruction, loss or damage of
a natural, scenic or historic feature considered to be of major importance; that any
existin~ trees greater than 4" caliper shall be retained or mitigated for, if removed.
CONCLUSIONS OF LAW
The City of Meridian shall exercise the powers conferred upon it by the
"Local l~nd Use Plannin§ Act of 1975' hereinai~er referred to for convenience as the
"Act~ codified at Chapter 65, Title 67, Idsho Code (I.C. §67-65o3).
2. The Meridian City Council may exercise all the powers required and
authorized Under the 'Act~ except the power to adopt ordinances by the establishment
of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 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 Titles XI and/(II, Chapter I,
Meridian City Code.
3- As part of a zonin§ ordinance the City Council can, subject to hearing and
notice provision required, provide for the process of special and/or conditional use
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONOmONAL USE PERMIT - 6
permits which a proposed use is otherwise prohibited by the terms of the ordinance but
allowed with conditions under the spe fic provisions of the ordinance which the City of
Meridian has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting
the same that the evidential showing supports the finding that the following standards
are met and that the proposed development: (Meridian City Code § 11-17-3)
That the site is large enough to accommodate the proposed use and all
yards, open spaces, parking, landscaping and other features as may be
required by this Ordinancc;
That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
That the design, construction, operation and maintenance will be
compatible with other uses in the general neighborhood and with the
existing or intended character of the general vicinity and that such use will
not adversely change the essential character of the same area;
That the proposed use, ff it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
That the proposed use will be served adequately by essential public
facilities and services such as highways, streets, schools, parks, police and
fire protection, drainage structures, refuse disposal, water, sewer; or that
the person responsible for the establishment of the proposed conditional
use shall be able to provide adequately any such services;
That the proposed use will not create excessive additional cost for public
facilities and services and will not be deh-lmental to the economic welfare
of the commtmity;
That the proposed use will not involve activities or processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production
of traffic, noise, smoke, fumes, glare or odors;
h. That the proposed use will have vehicular approaches to the property
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONOmONAL USE PERMIT - 7
which shall be so designed as not to create interference with traffic on
surrounding public streets; and
That the proposed use will not result in the destruction, loss or damage of
a natural, scenic or historic feature considered to be of major importance.
5. Prior to granting a conditional use permit in the Medium Density
Residential District (R-8), a public hearing shall be conducted with notice to be
published and provided to property owners or purchasers of record within three
hundred feet (3oo7 of the external bouI~daries of the land under consideration for the
conditional use permit all in accordance with the provisions of Meridian City Code
17-5 City of Meridian Zoning and Development OMinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission
and Council shall f~llow notice and hearing procedures provided in Chapter 15 of
this Title. Provided, however, that conditional use applications for land in Old
Town and in industrial and commercial districts shall only be required to have
one public hearing which shall be held before the Planning and Zoning
Commission; and after the recommendation of the Commission is made, the
application shall go before the City Council without a public hearing and the
Council may approve, deny, or modify the recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of
the public hearing the Commission shall, tran.qmit its recommendations to the Meridian
City Council with supportive reasons. The Commission shall recommend that the
application be approved, approved with conditions or denied. The Commission shall
ensure that any approval or approval with conditions of an application shall be in
accordance with Meridian Comprehensive p]an~ City of Meridian Zoning and
Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDmONAL USE PERMIT - 8
Minimize adverse impact on other development;
b. Control the sequence and timing of development;
c. Control the duration of development;
d. Assure that the development is m~intalned property;
e. Designate the exact location and nature of the development;
Require the provision for on-site public facilities or services; and
g. Require more restrictive standards than those generally required, in this
Ordinance~
8. The City of Meridian has, by ordinance, established the Impact Area
and the Comprehensive Plan of the City of Meridian, which was adopted December
21, 1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDmONAL USE PERMIT SUBJECT TO CONDmONS
NOW, THEREFORE, RASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby ORDER and th~ does Order that:
1. That the above named applicant is granted a conditional use permit for 35
single family dwellings and 15 other lots in an R-8 zone located at lo25 North Ten Mile
Road, Meridian, Idaho, subject to the following conditions of use and development,
subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. Applicant shall meet all of the requirements ofthe preliminary plat as a condition of
the Conditional Use Permit.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PF. RMIT - 9
All common area landscaping shall be installed prior to the issuance of an
occupancy permit for any home built within the subdivision.
3. ' The micro-path shall be installed as submitted.
4. All the Recommendations of ACHD, Central District Health, Nampa and
Meridian Irrigation District and Meridian Fire Depm-h.ent, contained in the
Preliminsry Plat (PP-Ol-O22) and Annexation and Zoning documents (AZ-ol-
o21) also apply to the conditional use permit.
2. The conditions shall be reviewable by the Council pursuant to Meridian
City Code § ~a-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional
use permit.
4- That the City Attorney draft an Order Granting Conditional Use Permit
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 and Zoning
Deparhnent, the Public Works Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idsho 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 CONDmONAL USE PERMIT - lo
By action of the City Council at its regular meeting held on the
day of .~_~ .2002.
ROLL CAIJ,:
COUNCILMAN KIT, ITH BIRD
COUNCILWOMAN TAMMY DE WEERD
COUNCILWOMAN CHERIE Mc CANDI,ESS
COUNCILMAN WI!,I,IAM L.M. NARY
VOTED
VOTED
VOTED__~
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAKER)VOTED
DATED: ,~ ~-/~--~-
MOTION:
APPROVED~_
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Depaeh,,ent, Public Works
Department and the City Attorney.
City Clerk
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDmONAL USE PF_,RM1T - xi