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STAFF SUMMARY
OF
MAR 0 2 2005
City Of Meridian
City Clork Office
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
P & Z Commission Date of Recommendation: February 3, 2005
Project Name: Alexandria Subdivision
Case No(s): AZ-04-011, PP-04-017, CUP-04-015 (REVISED)
Applicant: Lonnie 7ohnson
A. Recommendation: Approve with conditions (all ayes -all applications)
B. Summary of Public Hearing:
1. In favor: Mike Wardle (Applicant's Representative)
2. In opposition: None
3. Commenting: None
4. Staff presenting application: Brad Hawkins-Clark
[Note. On September 21, 2004, a Remand Order was issued by City Council for all three (3) of
the subject applications. For details regarding the P&Z Commission's original Recommendation
to City Council (also for approval), please see the packet for the August 24, 2004 City Council
meeting.)
C. Key Issues of Discussion by Commission:
1. Reasons for City Council remand (related to previous office uses)
2. Commissioner Newton-Huckabay expressed a general concern about including large,
1-acre lots in small-lot subdivisions
D. Key Commission Changes to Staff Recommendation:
1. Preliminary Plat -Modified Site Specific Condition #3 to clarify no parking on only
the "tee portion" of N. Heritage View Place.
2. Conditional Use Permit -Modified Site Specific Condition #S.f. to clarify that there
are two (2) gazebos proposed as project amenities.
E. Outstanding Issue(s) for City Council:
1. Preliminary Plat -Site Specific Condition #7 required the applicant to either submit a
revised plat or submit an addendum to their CUP/PD application to address what staff
believed to be asub-standard common driveway. However, it was clarified in Mr.
Wardle's testimony at the P&Z Commission hearing that the common driveway is only
intended to serve two lots, not three, as staff believed the plat to depict. So, staff
recommends this condition be amended as follows:
"~. ---- -- --- ---°` Y::'rli~'.;",...b, The applicant shal ,,;;b a
1 °it :~.
"~ -' °lAt-tom compliesy with MCC 12-4-14 (Common Drive DR=1C esig for
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Lot 2,~Block 4.~ r ~~ inr, > • ~-
""Yi-""`"'''', ""' °P''~~--A note shall be added to the final Ulat which
prohibits Lot 3. Block 4 from having direct access to the common drivewav on Lot
2, Block 4.
2. Preliminary Plat -Prior to the P&Z Commission hearing, the applicant met with
the Meridian Fire Department to address their Condition # 1 regarding the proposed
29-foot street section widths. On February 2, 2005, Deputy Chief Silva approved
stamped an alternative street section that widened the 29-foot wide streets to 30.5',
back-to-back. So, although the 11-29-04 preliminary plat does not reflect it, the
applicant and Fire Department have agreed to this modification.
3. Conditional Use Permit -Site Specific Condition #2 required the Applicant to
submit a detailed plan for the proposed park and tot lot prior to the City Council
hearing. To date, staff has not received said plan. However, after reviewing the file
for the 2004 CUP/PD application, we found a letter from Mr. Johnson (dated 8-8-
04) proposing different gazebo and tot lot feature designs. The gazebos would be
approx. 16-20 feet in height. The tot lot would include "a swing or two with a small
slide, for ages 3-5." For Planned Developments, the City typically requires
applicants to provide more detail than this to ensure the amenities meet the size and
scale of the development. Staffrecommends the Citv Council have the A olicant
confirm their intentions for these amenities during the public hearing and provide
details of the azebo and la structure construction materials.
F. Preliminary Plat/CUP Site Plan
1. Date of Revised Preliminary P1aUSite Plan: November 29, 2004
2. Date of Revised Landscape Plan: December 10, 2004
G. Recommended Conditions of Approval (as amended by Commission, if applicable)
Exhibit A -Legal Description
Exhibit B -Preliminary Plat/Site Plan
Exhibit C -Annexation & Zoning Comments
Exhibit D -Preliminary Plat Conditions of Approval
Exhibit E -Conditional Use Permit Conditions of Approval
Exhibit F -Findings of Fact and Conclusions of Law and Decision and Order -
Exhibit G -Approved Public Street Sections
EXHIBIT B
Alexandria Subdivision
(AZ-04-011, CUP-04-015)
Approved Preliminary PladSite Plan
(see attached)
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EXHIBIT F
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the matter of a request for Angexation and Zoning of 9.8 acres from RUT to R-8 zone
AND Preliminary Plat approval of thirty-three (33) single-family residential and four (4)
common lots on 9.8 acres in a proposed R-8 zone AND Conditional Use Permit approval
for a Planned Development for reductions to the minimum requirements for lot area, rear
building setbacks, street side setbacks and minimum street frontage, for Alexandria
Subdivision, by Lonnie Johnson.
Case No(s): AZ-04-011, PP-04-017, CUP-04-015
For the City Council Hearing Date of: March 8, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration rnore than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
The matter was duly considered by the City Council at the March 8, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian wire
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
d. The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-04-015, PP-04-017, CUP-04-O15 - PAGE I of 4
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 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. Application and Property Facts
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings are Lonnie and Karen Johnson.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit F.1 (Annexation and Zoning), Exhibit F.2 (Preliminary Plat) and
Exhibit F.3 (Conditional Use Permit) for the findings required for this application.
B. Conclusions of Law
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. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, 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 August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
S 11-17-9.
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 developrnent 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 Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat
in Exhibit B, and the Conditions of Approval in Exhibit C, D and E. 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-04-015, PP-04-017, CUP-04-015 -PAGE 2 of 4
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated November 29, 2004 is hereby conditionally approved; and
2. The conditions of approval are as shown in Exhibits C, D and E.
D. Notice of Applicable Time Limits (as applicable)
1. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
E. 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 maybe filed.
2. 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 maybe 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.
F. Exhibits
Exhibit F1: Annexation & Zoning Findings
Exhibit F.2: Preliminary Plat Findings
Exhibit F.3: Conditional Use Permit Findings
By action of the City Council at its regular meeting held on the day of
2005.
C[TY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION & ORDER
CASE NO(S). AZ-04-015, PP-04-O17, CL'P-04-015 -PAGE 3 of 4
COUNCIL MEMBER SHAUN WARDLE VOTED
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
COUNCIL MEMBER CHRISTINE DONNELL VOTED
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tammy de Weerd
and City Attorney.
By:
City Clerk
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &. ORDER
CASE NO(S). AZ-04-O15, PP-04-017, CUP-04-015 -PAGE 4 of 4
EXHIBIT E
Conditional Use Permit
Alexandria Subdivision
(File CUP-04-015)
[P&Z Commission changes shown in ~ and underline format.)
SITE SPECIFIC CONDITIONS (Conditional Use Permitl
1. Applicant shall meet all of the requirements of the Preliminary Plat (File PP-04-017) as a
condition of the Conditional Use Permit/Planned Development (CUP-04-015).
2. At least 10 days prior to the next public hearing, the Applicant shall submit a detailed
plan for the proposed pazk and tot lot. [Note staff's recommended modification to this
condition on the P&Z Commission Recommendation cover sheet.]
3. The alley-loaded rear setbacks for garages shall be a minimum of 18 feet.
4. A condition of the CUP/PD shall be that the applicant participates in any road
infrastructure agreements in the North Meridian Planning Area negotiated with ACHD
and shall faithfully perform the terms of such agreement or agreements.
5. The applicant shall provide/construct the following amenities within the subdivision:
a. Over 10% of the gross area as useable open space,
b. A tot lot; and
c. Two gazebos.
6. The following deviations from the Zoning and Subdivision Ordinance (MCC Title 11 and
12) are approved as part of this application:
Setbacks- City Reauirements (R-8) A~uroved Setbacks
Rear: 15'
Reaz: 15'
18'(for the ten alley-loaded lots)
Street side: 20'
Lot Size- City Requirements (R-8~
6,500 sq.ft.
Lot Frontage-City Requirements
Street side: 12'
Proposed Lot Sizes
5,300 sq. ft.
Proposed Frontage
65'minimum
42' min
Alexandria Subdivision -CUP-04-015 (Rev.) -Exhibit E
Page 1 of 2
All development shall comply with the Americans with Disabilifies Act and the Fair
Housing Act, including all pathways in the common lots.
8. No building permits shall be issued within the development until a Final Plat has been
recorded for the subdivision.
Alexandria Subdivision -CUP-04-015 (Rev.) -Exhibit E
Page 2 of 2
EXHIBIT F.3.
Conditional Use Permit Findings
Alexandria Subdivision
(File CUP-04-015)
The City Council hereby approves the following analysis of required findings by staff:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following and may approve a conditional use
permit if they shall fand evidence presented at the hearing(s) is adequate to establish (11-
17-3):
A. 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;
Staff finds that the subject property's size of 9.8 acres is large enough to
accommodate the proposed residential development and all other required
amenities and features.
B. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
The current Comprehensive Plan Land Use Map designates the property as Mixed
Use -Neighborhood. The proposed residential uses are harmonious with and in
accordance with the Comprehensive Plan. The project meets the requirements
and objectives of the Planned Development Ordinance.
C. 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;
Staff finds that the proposed uses will be compatible with other uses in the general
neighborhood and the existing and intended character of the general vicinity.
D. That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
Staff does not anticipate that the proposed project will have an adverse impact on
the surrounding property; however, the Commission and Council should consider
any testimony given at the public hearings before making this finding.
E. That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
Alexandria Subdivision -CUP-04-015 -Findings of Fact, Conclusions of Law & Decision and Order
Page 1 of 2
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;
Staff finds that the proposed development can be adequately served by essential
public facilities including: streets, police and fire protection, drainage structures,
refuse disposal, water and sewer.
F. 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;
Staff finds that the proposed use would not be detrimental to the economic
welfare of the community, nor would it create the need for any new facilities or
services to be paid for by the public.
G. 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;
Staff finds that no excessive traffic, noise, smoke, fumes, glare or odors will result
from the proposed commercial and residential uses.
13. 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;
Staff finds that the proposed use will not create significant interference with any
traffic on the surrounding public streets. To prevent traffic hazards and
interference on Green Haven, parking should only be permitted on one side of the
street. The Council and Commission should refer to the ACHD report for
additional information concerning this finding.
I. 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.
Staff does not find that any natural or scenic feature will be lost, damaged or
destroyed by issuance of this conditional use.
Alexandria Subdivision -CUP-04-015 -Findings of Fact, Conclusions of Law & Decision and Order
Page 2 of 2
EXHIBIT G
Alexandria Subdivision
(PP-04-017, CUP-04-015)
Approved Street Sections
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