HomeMy WebLinkAboutQuenzer Commons Sub No. 9 CUP
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of Quenzer Commons Subdivision Number 9, an amended conditional use
request to allow zero lot line setbacks 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
Case No(s). CUP-06-00S
For the Planning & Zoning Commission Hearing Date of: March 2, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 2,2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of March 2,2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March
2, 2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of March 2,2006 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 6S, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning & Zoning Commission 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 §
II-SA.
CITY OF MERIDIAN FiNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O6-005 - PAGE 1 of 4
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
S. It is found public facilities and services required by the proposed development will not
impose expense upon the public ifthe 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 Commission Chair 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, Site Plan, and the Conditions of
Approval all in the attached Staff Report for the hearing date of March 2, 2006
incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval ofthe application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code § II-SA and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan is hereby
conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of March 2, 2006 incorporated by reference.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with II-SB-6.G.l, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISiON & ORDER
CASE NO(S). CUP-O6-00S - PAGE 2 of 4
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E.
Notice of Final Action and Right to Regulatory Takings Analysis
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 S2, Title 67, Idaho
Code.
F.
Attached: Staff Report for the hearing date of March 2,2006
By action of the Planning & Zoning Commission at its regular meeting held on the ~
day of ~, 2006.
COMMISSIONER MICHAEL ROHM
(Chair)
VOTED---1f'L
COMMISSIONER DA VID MOE
VOTED '?f4
COMMISSIONER WENDY NEWTON-HUCKABAY
VOTED~
COMMISSIONER KEITH BORUP
VOTED~
COMMISSIONER DAVID ZAREMBA
Attest:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O6-0QS - PAGE 3 of 4
Tara Green, Deputy Cityper ~LI¡ #. J ¥J
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Copy served upon Applicant,'Þ ;Jj~.u~~ìiment, Public Works Department and City
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Attorney.
By: 3hCLI] Jì, g rvu':-i&L
City Clerk
Dated:
3 -¿7~-1JCo
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O6-00S - PAGE 4 of 4
CITY OF MERiDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF March 2, 2006
STAFF REPORT
P & Z Commission Hearing
Hearing Date: 3/2/2006
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TO:
FROM:
SUBJECT:
Planning & Zoning Commission
Joseph Guenther, Associate City Planner
Quenzer Commons #9
. CUP-06-005
Conditional Use Pennit to amend the original planned development for the
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 conditional approval to amend 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 1,101 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.
2. SUMMARY RECOMMENDATION
Staff recommends approval of the subject use request with the conditions contained in Exhibit B. 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 102x38 or 3872 square foot lots.
3. PROPOSED MOTIONS
Approval
I move to approve File Number CUP-06-005 as presented in the staff report for the hearing date
of March 2, 2006, with the attached site plan with the following modifications to the conditions of
approval: (add any proposed modifications).
Denial
I move to deny File Number CUP-06-005 as presented in the staff report for the hearing date of
March 2, 2006, with the attached site plan for the following reasons: (you must state specific
reasons for denial. They should address how the applicant might re-do the application to gain
your recommendation for approval).
Continue
I move to continue the public hearing for File Number CUP-06-005 to (date certain). (You should
state the reason for the continuance.)
Quenzer Commons #9 CUP-O6-00S
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF March 2,2006
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 request 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 conditional use as detennined by UDC II-2C-
1. By reason of the provisions ofUDC Il-5B-6, a public hearing is required before the
Planning Commission for all Conditional Use hearings.
Newspaper notifications published on: February 13, 2006 and February 27, 2006
d. Radius notices mailed to properties within 300 feet on: February 3,2006
e. Applicant posted notice on site by: February 16, 2006
6. LAND USE
a. Existing Land Use(s): Residential
b. Description of Character of SuITounding Area Adjacent Land Use and Zoning:
residential development, Quenzer Commons.
e. Existing Constraints and Opportunities
Existing
1. Public Works
Location of sewer:
Already serviced through Quenzer #9.
Location of water:
Already serviced through Quenzer #9.
Issues or concerns:
Vacation must be completed.
f. Conditional Use Infonnation
1. Side lot lines as depicted on the site plan shall be allowed to be zero lot lines.
Quenzer Commons #9 CUP-06-00S
PAGE 2
CITY OF MERIDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF March 2, 2006
7. COMMENTS MEETING
On February 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 Sanitary Services Company. Staff
has included all new comments and recommended actions as Conditions of Approval in the
attached Exhibit B.
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. Currently 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 VII 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 of the 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 current 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
were approved under a planned development of the MCC.
b. Staff Recommendation: Staff recommends approval of CUP-06-005 for the Quenzer
Commons #9 as presented in the staff report for the hearing date of March 2, 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
Quenzer Commons #9 CUP-06-00S
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF March 2, 2006
A. Drawings
1. CUP Site Plan
B. Conditions of Approval
1. Planning Department
2. Fire Department
C. Legal Description
D. Required Findings from Zoning Ordinance
Quenzer Commons #9 CUP-06-00S
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF March 2, 2006
A. Drawings
1. CUP Site Plan
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF March 2, 2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 Applicant shall meet all tenns of the approved Preliminary Plats (PP-O2-007 & PP-05-005),
Conditional Use PennitlPlarmed Development (CUP-02-007), and Development Agreement (fust.
No.102078396).
1.2
Comply with the conditions and comments of all City Departments, and other agencies.
1.3
If construction has not begun within 18 months of City Council approval, a new conditional use
pennit must be obtained prior to the start of development.
2. FIRE DEPARTMENT
2.1
Building setbacks shall be per the futernational Building Code for one and two story construction.
3. PUBLIC WORKS
3.1
The applicant shall vacate all easements on the interior lot lines that are planned to be sparmed by
the attached garages.
Public Works has no additional concerns with tlns application.
3.2
B-1
CITY OF MERIDIAN PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF March 2,2006
C. Legal
Description
Engineering Norlh West, uc
423 N. Anccolrr Place, SuIte 1110 Boise, fdabo 837OC
(208) 316-SOOO . Pax (208) 376-5556
PLOject No. OS.()17-OO
Date: AprilS, 200S
QUENZER COMMONS SUBDIVISION NO.9
FINAL PLAT DESCRIPTION
A parcel of land located in the N 112 of the SE 114, md the SW 1/4 af the NE 114 af
Section 31, T. 4 N., R. 1 E., 8.M.. Meridian, Ada County,Idaho. more particuJarlydescrlbed as
follows:
Commðncing at the section comet COIl1JIJOl! to Sections 31 and 32 af said T. 4 N., R. 1 E.,
and Sections 5 and 6 afT. 3 N., R. 1 B.. B.M.;
1bençe: North 00031' 35" East. 2659.04 feet an the: section line connnon to said Sections
31 and 32 to the: 114 section C()(Def common ta said Sections 31 and 32;
Thence: Narth 89"46'20" West, 354.43 feet an the east-west mid«ction line af said
Section 31 to the northwest CorDef af Quenzer Commons Subdivision No.8. as same is shawn on
the Plat thereof recorded in Book of Plats at Page af Ada County Records. said point
being the REAL POINT OF BEGINNING;
Thence leaving said mid-section line, Sauth 00°30' 18" West. 308.40 ket an the westerly
bϿdaty line of said Quenzu Commons Subdivision No.8 to the northeast comer of Quenzer
Commons Subdivision No. I. as same is shawn on the Plat thereof recorded in Book 85 of Plat¡¡
at Page 9511 of Ada County Records;
Thence an the northerly boundary line of said Quenzer COIIlIIIOIIS Subdivisian No.1 for
the following courses and distances;
Thence North 89°46'20' West. 160.00 feet;
Thence South 00°30'18" West, 12.54 feet;
Thence North 89°46'20" West, 500.65 feet;
Thence South 78°11'U" West. 50.04 feet;
Thence SQUIh 82°04'53" West, 111.18 feet;
Thence Sauth 08°56'23" East, 94.00 feet;
Thence South 04°15'48" East. 70.66 feet;
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF March 2, 2006
Thence North 90"00'00" West, 269.90 feel;
Thence North 05°59'14" West, 55.00 feet;
Thence North 09~7'34" West, 123.01 feet;
Thence North 13~7'17. West. 75.75 feet;
Thence North 68°38'14" East, 9.45 feeu;
Thence North 21°21'46" West. 29IJrT feet, It portion of said line being 00 the easterly
boundary line of said Quemer Commons Subdivision No.1 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 thcn:of rewrded in Book 91 of PIm at Page LO713 of Ada COUDty Roconb to the northeast
comer of said Quenzer Commons Subdivision No.7, said point also being a point 011 the
southerly boundary line of Cobre Basin Subdivision No.3, as same is shown on the Plat thereof
recorded in Book 89 of Plats at Page 10305 of Ada. County Records;
Thence South 89°15'53" East, 250.22 feet on said southedy booodary line to the
southeast corner of said Cobre Basin Subdivision No.3;
Thence leaving said Cobre Basin Subdivision No.3, South 00"3S'27" West, to.OO feet
(formerly described as South 00"36'09" West) to the center-cast 1116 th section corner of said
Section 31;
Thence South 89°46'20" East, 963.33 feet on the cast-weal mid-section line of said
Section 31 to the real point of beginning. Said parcel contains 9.71 acres more or less.
PREPARED BY:
Engineering NorthWest, LLC
James R. WIISbburn, PLS
Qu- c.mø.:.., No.9 1'1..1 Pb.1 Do:.c.do<
Pogo Z ofZ
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CITY OF MERIDIAN PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF March 2, 2006
D. Required Findings from Zoning Ordinance
CUP Findings:
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
1. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
Vehic1es should not interfere with internal traffic flows or traffic flows on the adjacent properties.
All proposed building setbacks and landscaping meet the minimum standards outlined in the
UDC II-2B, and with associated platting conditions of approval.
The Commission fmds that the subject property is large enough to accommodate the required
yards (setbacks), open spaces, parking, landscaping and other features required by the ordinance.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The Commission finds that the designated Comprehensive Designation is Medium Density
Residential. The property is existing residential zoning and is consistent with the Comprehensive
Plan
3. 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.
The Commission is generally supportive of the site plan design. The Commission believes the
applicant has designed to accommodate the mixes of uses as well as shown compatibility with
future residential uses.
The Commission finds that if the applicant complies with the conditions outlined in this report,
the general design, construction, operation, and maintenance should be compatible with other
uses in the general neighborhood and with the existing and intended character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The Commission finds that if the applicant complies with the conditions outlined in this report,
the proposed setback lines use will not adversely affect other property in the area. The
Commission and Council should rely upon any public testimony provided to determine if the
development will adversely affect the other property in the vicinity.
5. 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, and sewer.
D - 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF March 2, 2006
The Ada County Highway District Board of Commissioners previously acted on the CUP/PP
applications and has allowed the alley loaded products for the project. The Commission and
Council should reference any written and/or verbal testimony submitted by any public service
provider, regarding their ability to adequately service this project.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare ofthe community.
If approved, the applicant will be financing any improvements required for development. The
Commission fmds there will not be excessive additional requirements at public cost and that the
proposed zoning and subsequent development will not be detrimental to the community's
economic welfare.
7. 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.
The Commission recognizes that traffic and noise will not increase with the approval of use in
this location; however, the Commission does not believe that the amount generated will be
detrimental to the general welfare of the public. The Commission does not anticipate the
proposed use will create excessive noise, smoke, fumes, glare, or odors. The Commission finds
that the proposed use will not be detrimental to people, property or the general welfare of the
area.
8. 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.
The Commission fmds that there should not be any other health, safety or environmental
problems associated with this proposal that should be brought to the Commission's attention.
ACHD considers road safety issues in their analysis. No hazardous features were identified on
this site.
D -2