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HomeMy WebLinkAboutCherry Lane Golf Course MI CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Request for a Miscellaneous Application for Approval to Construct a Golf Course Maintenance Equipment Storage and Repair Shop for Cherry Lane Golf Course in an R-4 Zone, by Lakeview Meridian Investors, LLC. Case No(s). MI-05-001 For the City Council Hearing Date of: April 19, 2005 A. Findings of Fact ]. 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 more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. b. The matter was duly considered by the City Council at the April 19, 2005, public hearing. The applicant, affected property owners, and govermnent subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. Written and 0ra1 testimony was received on this matter, as reflected in the records ofthe City Clerk (for written testimony) and in the officiaJ meeting minutes (for oral testimony). c. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 65]2, and Meridian City Code §§ ] ]-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 of record at the time of issuance of these findings is CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO.MI-O5-00I.PAGElof4 the City of Meridian. (Applicant is Lakeview Meridian Investors, LLC, potential operator of the golf course.) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of ]975," codified at Chapter 65, Title 67, Idaho Code (I.C. §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 § 11-17-9. 4. Due consideration has been given to the comment(s) received ITom the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. 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. 6. That this approval is subject to the Conditions of Approval in Exhibit A. The conditions are concluded to be reasonable and the applicant shaJl meet such requirements as a condition of approvaJ of the application. C. Decision and Order 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 Miscellaneous Application request, as evidenced by having submitted the application dated March 25, 2005 (File No. MI-05-00]), is hereby conditionally approved as follows: a. Comply with the conditions of approval in Exhibit A (as modified by City Council at their April] 9, 2005 public hearing). b. Additionally, the Applicant shaJl coordinate with staff and the irrigation district on a method to properly landscape the west side of the building. c. The maximum building height shall be twenty (20) feet (measured to the peak). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. MI-O5-O0I - PAGE 2 of 4 D. Exhibits Exhibit A: Site Specific Conditions of Approval By action of the City Council at its regular meeting held on the Åpr"\ \ , 2005. Iq+1r- day of COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY deWEERD (TIE BREAKER) VOTED - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO.MI-O5-001 -PAGE30f4 and City Attorney. By: \ ktî.. ~"OOI\.J City Clerk's Office Dated: 5-IIJ-O5 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. MI-OS-OOI - PAGE 4 of 4 EXHIBIT A Cherry Lane Golf Course Maintenance & Repair Shop MI-O5-001 (Modifications per the City Council motion at their April 19, 2005 meeting. Deletions are in ~ and additions are in underline.) SITE SPECIFIC CONDITIONS OF APPROVAL 1. If approved, this building shall only be used as an accessory structure to the main clubhouse building. geneT sef\,ieeG viill HÐt lie pFeviàeà Ie tfliG lluilffing. 2. The applicant shall prepare a revised, detailed site plan that relocates the structure further north and provide a landscape buffer on the south in compliance with MCC ]2-13.]2-3 and a street buffer on the west in compliance with MCC 12-13-10. The Citv Council grants staff the abilitv to work with the Applicant and the irrigation district to a1low the street buffer to be less than ten (10) feet. ifnecessarv. to accommodate the Eight Mile Lateral. However. the minimum planting reQuirements are still reQuired. 3. The applicant incorporate the following standards into the building design: The exterior building materials shall demonstrate the appearance of high quality materials of stone, brick, wood or other native materials. Smooth faced concrete block, tilt-up concrete panels or prefabricated steel panels are prohibited except as accent materia1s. The color ofthe building materials shall compliment the clubhouse materials. The roof design shall demonstrate at least one of the following: a) overhanging eaves; b) sloped roofs, c) two or more roof planes, d) varying parapet heights, and/or e) cornices. The roof stvle shall compliment the surrounding residences. such as a hipped roof. The building side facing W. Talamore Blvd. shall incorporate modulations along at least 30% of the building length. The facade facing the public street should resemble that of a residence and blend with neighboring residences. The maximum building maximum building height sha11 be twentv (20) feet (measured to the peak). 4. Applicant sha11 obtain a Certificate of Zoning Compliance (CZC) prior to construction of the new building. 5. The applicant shall obtain all necessary permits for construction of a building from the City of Meridian Building Department. 6. The applicant sha11 comply with the City of Meridian noise ordinance (MCC 6-3-6). 7. Applicant must meet the building setbacks as required by MCC 11-9-1. 8. All fuel storage facilities shall complv with EP A and Meridian Fire Department standards. Cherry Lane Golf Course Maintenance and Repair Shop - MI-O5-001 - Exhibit A Page I of I . ".c' I'