HomeMy WebLinkAboutStaff Comments
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA WAND
DECISION & ORDER
,:"RECEIVED
MAR 0 9 2006
'~e~k3~:
~rldi~n~ \
I IU.\HO It
\-" f
è-.~"-' /c
::"::~,'>-c-<'
~'!-""f"1- v,,¡)"""
-- -- -,...~.~.".~- -,,= 'm!
In the Matter of Quenzer Commons Subdivision Number 9, a vacation of side yard utility
easements on Lots 1-6 Block 27, Lots 1-7 Block 28, Lots 1-7 Block 29, and Lots 1-7 Block 30
of Quenzer Commons Subdivision Number 9, by Brighton Investments, LLC
Case No(s).: V AC-06-001
For the City Council Hearing Date of: March 14, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 14,2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of March 14,2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March
14,2006 incorporated by reference)
B. Conclusions of Law
1. 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 (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 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 §
1I-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAC-O6-001-PAGE 1 of3
5. It is found public facilities and services required by the proposed development 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 Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description and site plan all in the attached
Staff Report for the hearing date of March 14,2006 incorporated by reference.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The applicants request for Vacation is approved subject to the attached Staff Report for
the hearing date of March 14, 2006 incorporated by reference.
Notice of Final Action and Right to Regulatory Takings Analysis
D.
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to 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.
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 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.
E.
Attached: Staff Report for the hearing date of March 14, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AC-O6-00 1 - PAGE 2 aD
By action of the City Council at'its regular meeting held on the
,2006.
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIEBREAKER
MAYOR TAMMY de WEERD
VOTED
VOTED
VOTED
VOTED
VOTED
MAYOR TAMMY de WEERD
ATTEST:
WILLIAM G. BERG, JR., CITY CLERK
Copy served upon:
Applicant
Planning Department
Public Works Department
City Attorney
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AC-O6-00 1 - PAGE 3 of 3
n____"
day of .
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF March 14,2006
STAFF REPORT
P & Z Commission Hearing
Hearing Date: 3/14/2006
. ~
otGrldi~n~\
I. iU.\HO I:
\~ J!
\~..-. ./'
"-"!.,,> '-'y"'"
~~~'f"'I- ...I",~~"
-, ---'-!..~,---,..:,!;::- '...,-,
-'III»
TO:
FROM:
SUBJECT:
Planning & Zoning Commission
Joseph Guenther, Associate City Planner
Quenzer Commons #9
. V AC-06-00 1
Vacation of platted utility easements for Quenzer Commons #9 subdivision
to allow zero lot line setbacks in an R-8 District.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Brighton Corp, is requesting a Vacation to Quenzer Commons #9 FP-05-026 and CUP-02-
007 which was approved for this subdivision to allow for reductions to the minimum requirements for the
following: setbacks (front, from 20' to 10' for alley lots & 15' for living area; rear, from 15' to 15' and 5'
if side entry garage; side, from 5' per story to 5' with no additional setback per story; and street side, from
20' to 10' for alley lots & 15' for standard lots), landscape buffer (from 20' to 15' between office &
single-family residential), lot size (from 6,500 s.f. to 3,520 s.f. for alley-loaded units & 5,500 s.f. for
standard lots), lot frontage (from 65' to 32' for alley-loaded lots & 50' for standard lots), and house size
(from 1,301 s.f. to 1,10 1 s.f. for up to 10% of the lots). One block length was also allowed to exceed the
maximum length of 1,000 feet.
The applicant is requesting that Lots 1-6 Block 27, Lots 1-7 Block 28, Lots 1-7 Block 29, and Lots 1-7
Block 30 of Quenzer Commons Subdivision Number 9 (FP-05-026) be amended to allow zero lot line
setbacks which require vacation of the platted utility easements.
On March 2, 2006 the Planning Commission approved the amendment to CUP-02-001 with the
approval of CUP-06-005 to allow for zero lot line setbacks consistent with this application.
2. SUMMARY RECOMMENDATION
Staff recommends approval of the subject vacation as detailed in this report. Note: the UDC allows zero
lot line setbacks for single family attached products where the lot size is a minimum of 4000 square feet.
The smallest lots are in Blocks 29 and 30 are 1O2x38 or 3872 square foot lots.
3. PROPOSED MOTIONS
Approve
After considering all staff, applicant and public testimony, I move to approve File Number V AC-
06-001 as presented in Staff Report for the hearing date of March 14,2006 with the following
modifications: (Add any proposed modifications.)
Deny
After considering all staff, applicant and public testimony, I move to deny File Number V AC-
06-001 as presented in the Staff Report for the hearing date of March 14, 2006 for the
following reasons: (You should state specific reasons for denial of the annexation and you must
state specific reason(s) for the denial of the plat.)
Continuance
Quenzer Commons #9 V AC-06-001
PAGEl
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF March 14, 2006
After considering all staff, applicant and public testimony, I move to continue File Number
V AC~06-001 to the hearing date of (insert continued hearing date here) for the following
reason(s): (You should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
SW SE Quarter of 4n Ie 31
b. Owner/Applicant:
Brighton Corp
12601 W. Explorer
Boise ID83713
c. Representative: Jay Walker, Brighton Corp
d. Present Zoning: R-8
e. Present Comprehensive Plan Designation: Medium Density Residential
f. Description of Applicant's Request:
1. CUP site plan (attached as Exhibit AI)
h. Applicant's Statement/Justification (reference submittal material): The applicant has
submitted the CUP and V AC requests to accommodate a new design of garage attachment. The
residences will remain detached as shown in the site plan. The proposal is consistent with the
underlying district and will provide an alternate design for Quenzer Commons #9 alley loaded
single family products.
5. PROCESS FACTS
a. The subject application will in fact constitute a vacation as detennined by Idaho Code 50-1325
requires that all easements created on subdivision plats "shall be vacated in the same manner as streets"
and must be approved by the local jurisdictions. State statute further requires an easement vacation be
filed when a landscape or irrigation easement is involved. Even though the other types of easements can
be addressed through Letters of Agreement (e.g. drainage, gas, telephone, etc.), the landscape and
irrigation easements are not specifically exempt under LC. 50-1306.A, and must be fonnally vacated
through the standard process.
b. Newspaper notifications published on: February 20, 2006 and March 6, 2006
c. Radius notices mailed to properties within 300 feet on: February 17, 2006
d. Applicant posted notice on site by: February 16,2006
6. LAND USE
a. Existing Land Use(s): Residential
b. Description of Character of Surrounding Area Adjacent Land Use and Zoning:
residential development, Quenzer Commons.
c. Existing Constraints and Opportunities
1. Public Works
Location of sewer:
Existing
Already serviced through Quenzer #9.
Quenzer Commons #9 V AC-06-001
PAGE 2
-----,
CJTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF March 14,2006
Location of water:
Already serviced through'Quenzer #9.
Issues or concerns:
d. Conditional Use Information
Vacation must be completed.
1. Side lot lines as depicted on the site plan are allowed to be zero lot lines.
7. COMMENTS MEETING
On Februmy 10, 2006 Planning Staff held an agency comments meeting. The agencies and
departments present include: Meridian Fire Department, Meridian Police Department, Meridian
Parks Department, Meridian Public Works Department, and the Sanitmy Services Company. Staff
has included all new comments and recommended actions as Exhibit B in the conditions of
approval for CUP-06-005 which also apply to this vacation application.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject site is designated 'Medium Density Residential' on the North Meridian Comprehensive Plan
Future Land Use Map which is under progress for adoption. CulTently the site is designated a Low
Density Residential on the 2002 Comprehensive Plan, and the applicant has requested a step up in
density. In Chapter vn of the Comprehensive Plan, medium density is defined as areas including single-
family homes at densities of three to eight dwelling units per acre.
Support a variety of residential categories (low-, medium-, and high-density single family, multi-family,
townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range
of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10)
9. ZONING ORDINANCE
Purpose Statement of Zone:
MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8) the purpose ofthe residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan.
Connection to the City of Meridian water and sewer systems is a requirement for all residential districts.
Residential districts are distinguished by the allowable density of dwelling units per acre and
colTesponding housing types that can be accommodated within the density range. Residential land uses
are also allowed within the O-T, TN-C, and TN-R districts as set forth in Chapter 3 Article D.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
CONDITIONAL USE PERMIT ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the Zoning
Ordinance, staff believes that this is a good location for the proposed public use and allowing the
proposed buildings will promote the best interests of the City of Meridian. Please see Exhibit D
for detailed analysis of facts and findings.
Allev Streets: The CUlTent Alley to Alley configuration is in the process of being amended as
shown on the site plan to accommodate the 36' inside turning radius for fire protection and waste
servIces.
Side yard setbacks: The proposal is generally consistent for alley loaded products in and R-8
district. Several of these lots are slightly smaller than the UDC required 4000 square feet but
Quenzer Commons #9 V AC-06-00 1
PAGE 3
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF March 14,2006
were approved under a planned development of the MCC.
b. Staff Recommendation: Staff recommends approval of V AC-06-001 for the Quenzer
Commons #9 as presented in the staff report for the hearing date of March 14,2006 based on the Findings
of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to
this report. Staff has prepared findings consistent with this recommendation.
11. EXHIBITS
A. Drawings
1. CUP Site Plan
B. Legal Description
Quenzer Commons #9 V AC-06~00 1
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF March 14,2006
.
A. Drawings
1. CUP Site Plan
A- 1
"'<--00"""
.H1~
18 ,,'¡i; õ¡
..s.-:.-:,.:
~1111
~ lB.s
,
-----"---,--,-,-"---,,.._, ,.._--'-----,-----"'-
, i
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF March 14,2006
B. Legal
Description
Engineering Norlh West, LLC
423 N. ADcr.sIor PW:e, Sui~ 180 Boîsc,ldaho 83704
(208) 376-5000 . Pax (208) 376-5556
Project No. OS..()17-OO
Dale: AprilS, 2005
QUENZER COMMONS SUBDIVISION NO. ,
FINAL PLAT DESCRIPTION
A parcel of land located In the N 1/2 of the SE 114, and the SW 1/4 of the NE 1/4 of
Section 31, T, 4 N., R. 1 E., B.M., Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at the section comer common to Scx:tions 31 and 32 of said T. 4 N., R. 1 E.,
and Sections 5 and 6 ofT. 3 N.. R. 1 E., B.M.;
Thence North 00"31'35" Bast, 2659.04 feet on the section line common to said Scx:tions
31 and 32 to the 1/4 section corner common to said Sections 31 and 32;
Then<;e North 89°46.20" West, 354.43 feet on the east-west llÚd-section line of said
Section 31 to the northwest comer of Quenzer Conunons Subdivision No.8. as same ¡¡¡¡¡hown on
Ihc Plat thereof recorded in Book of Plats at Page of Ada County Records, said point
being the REAL POINT OF BEGINNING;
Thence leaving said llÚd-section line, South 00°30'18" West, 308.40 feet on the westerly
boundary line of said Quenle{ Connnons SubdiVision No.8 to the northeast comer of Quenzer
Common¡¡ Subdivision No. I, 11$ SIIJIII: is shown on the Plat then:of reconled in Book 85 of Plats
at Page 9511 of Ada County R.econis;
Thence on the northerly boundary line of said Quenzer Commons Subdivision No.1 for
the following courses and distances:
Thence North 89°46'20" West, 160.00 feet;
Thence South 00°30'18" West, 12.S4fect;
Thence North 89°46'20" West, 500.65 feet;
Thence South 78° II'II" West, 50.04 feet;
Thence South 82°04'53" West, 111.18 feet;
Thence South 08°56'23" Bast, 94.00 feet;
Thence South 04°15'48" East, 70.66 feet;
Qoou<r ç........,. No. 9 FIo'1 /'101 Dooc.do<
"".lai2
C - 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF March 14,2006
Thence North 90°00'00" West, 269.90 feet;
Thence North 05°59'14" West, 55.00 feet;
Thence North 09°27'34" West, 123.01 feet;
Thence North 13°27'17" West, 75.75 feet;
Thence North 68°38'14" East, 9.45 feet;
Thence North 21°21'46" West, 291.07 feet, Ii portion of said line being on the easterly
boundary line of said Quenzer Commons Subdivision No. I and the remainder of said line being
on the easterly boundary line of Quenzer Commons Subdivision No.7, as same is shown on the
Plat thereof recorded in Book 91 of Plats at Page 10713 of Ada County Records to the nottheast
corner of said Quenzer Commons Subdivision No.7, said point also being a point on the
southerly boundary line of Cobre Basin Subdivision No.3, as same is shown on the Plat thereof
reoorded in Book 89 of Plats at Page 10305 of Ada County Records;
Thence South 89°15'53" East, 250.22 feet on said southerly boundary line to the
southeast comer of said Cobre Basin Subdivision No.3;
Thence leaving said Cobre Basin Subdivision No.3, South 00"35'27" West, 10.00 feet
(formerly described as South 00"3600" West) to the ccntcr-east 1/16 th section comer of said
Section 31;
Thence South 89°46'20" East, 963.33 feet on the east-west mid-seclion line of said
Section 31 to the real point of beginning. Sajd parcel contains 9.71 acres more or less.
PREPARED BY:
EngIneering NorthWest, LLC
James R. Washburn, PLS
Qu....... Common. No- 91'i".1 PIa! Dco<;-Øoc
I'»g020f2
C-2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF March 14,2006
D -1