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HomeMy WebLinkAboutHeritage Commons CUP 02-007RECEIVED MAY I 3 2002 BEFORE THE PLANNING AND ZONING COMMISSION CITY OF MERIDIAN IN THE MATTER OF THE ) REQUEST CONDITIONAL USE ) PERMIT FOR A PLANNED ) DEVELOPMENT FOR SINGLE ) FAMILY RESIDENTIAL ) DWELLINGS, PRIVATE OPEN ) SPACE WITH CLUBHOUSE, ) GAZEBO, PARKS AND ) NEIGHBORHOOD SCALED ) COMMERCIAL SITE IN AN R-8 ) ZONE ) ) ) ) BRIGHTON CORPORATION, Applicant Case No. CUP - 02-007 CITY CLERK OFFICE RECOMMENDATION TO CITY COUNCIL o o The property is located on the west side of N. Locust Grove Road between E. Ustick Road and E. McMillan Road, Meridian. The owner of record of the subject property is Eugene Quenzer of Meridian. Applicant is the Brighton Corporation. The subject property is currently zoned RUT Ada County. There is however an application for annexation and zoning to R-8 before the City Council. The zoning district of R-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. The applicant requests the conditional use permit for the planned development of single family dwellings, private open space with clubhouse, gazebo, parks and neighborhood scaled commercial site for proposed Heritage Commons. 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 requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. The use proposed which is the subject of this will in fact, constitute a conditional use as determined by City policy. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE PROPOSED HERITAGE COMMONS SUBDIVISION - BRIGHTON CORPORATION - Page 1 RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested conditional use permit as requested by the applicant for the property described in the application, 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 of the preliminary plat as a condition of the Conditional Use Permit. All Child Care facilities will require a CUP application and no drive through facilities will be allowed within the office/commercial area of the project. Additionally, a detailed list of approved and conditional uses shall be included in the Development Agreement. The Applicant is proposing a Community Center on Lot 1, Block 23 and a gazebo on Lot 1, Block 9. However, no plot plan of the lots was provided nor when the structures will be constructed. The Applicant shall state during which phase of the subdivision the community center and gazebo will be constructed and a time, to be agreed upon by the City, included in the Development Agreement. The Planning and Zoning Commission recommends the community center be constructed and receive a C.O. prior to 50% of the subdivision's residential lots receiving final occupancy. A plot plan of the lot shall be submitted with a future Certificate of Zoning Compliance application for the structure. The swimming pool shall be fenced. The gazebo and improvement of Lot 1, Block 9 should occur prior to final occupancy of any lots within that phase. All office or commercial uses proposed within the development not specifically listed in the Development Agreement shall be required to apply for a conditional use permit for a planned development prior to construction. Applicant shall submit an open space calculations breakdown, listing which lots were included in the open space calculation shown on the face of the preliminary plat. Open space must exclude all required street buffers. 6. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE PROPOSED HERITAGE COMMONS SUBDIVISION - BRIGHTON CORPORATION - Page 2 7. No building permits shall be issued within the developmem until a Final Plat has been recorded for the subdivision. Recommendations of ACHD, Central District Health and the Fire Department applying to the Annexation and Zoning and the request for Preliminary Plat also apply to this application. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE PROPOSED HERITAGE COMMONS SUBDIVISION - BRIGHTON CORPORATION - Page 3