Loading...
HomeMy WebLinkAboutSue's Subdivision CUP-01-022BEFORE THE MERIDIAN CITY COUNCIL C/C 08-08-0I IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A FOUR-PLEX FAMILY DWELLING IN A R- 15 ZONE LOCATED AT 551 W. IDAHO AVE., MERIDIAN, IDAHO CHARLES J. AND SHEL A. ELEREDGE, APPLICANT. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. CUP-01-022 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on August 8, 2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant, Charles J. Eldredge, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to- wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 8, Charles J. and Shel A. Eldredge - Applicant 4-Plex Family Dwelling - Page 1 of lB 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the August 8, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. 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. This proposed devdopment, request is in an R-15 zone, by reason of the provisions of the Meridian City Code § 11-17-4, a public heating was required before the City Council on this application. 4. The property is located at 551 W. Idaho Ave., Meridian, Idaho. 5. The owner of record of the subject property is Charles J. and Shel A. Eldredge, 2716 Pine Flats, Meridian, Idaho. 6. Applicant is owner of record. 7. The subject property is currently zoned R-15. The zoning district of R- 15 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for the construction of a four-plex family dwelling. The R-15 zoning designation within the Charles J. and Shel A. Eldredge - Applicant 4-Plex Family Dwelling - Page 2 of 13 City of Meridian Zoning and Development Ordinance does not normally require a conditional use permit be obtained for this type of use. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The City Council recognizes the concerns of Steve Hanson expressed in his July 5, 2001 letter and which is on file in the City Clerk's office. 11. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 12. 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 and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental subdivisions prov/ding services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 1. 2. Charles J. and Shel A. Eldredge - Applicant 4-Plex Family Dwelling - Landscaping shall be installed per the approved landscaping plan. Off-street parking shall be provided in accordance with Section 11-13 of Page 3 of 13 the City of Meridian Zoning and Development Ordinance. Paving and striping shall be in accordance with the stm~dards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-9I) for all off-street parldng areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties m~d City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Respurces regarding Shallow Injection Wells. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. All construction shall conform to the requirements of the Americans with Disabilities Act. Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. Adopt the Recommendations of the Ada County Highway District as follows: Applicant to comply with ACHD's letter dated June 12, 2001 and along with tile February 10, 1999 conditions and requirements of Meridian Acres (Sue's Subdivision). Adopt the Recmmmendations of the Meridian Fire Department as follows: 10. That a fire-flow of 1,500 gallons per minute be available to service the Charles J. and Shel A. Eldredge - Applicant 4-Plex Family Dwelling - Page 4 of 13 project with a fire hydrant within 250' of the parking stall for given unit. 1994 UFC Table III A &B. 11. Premises Identification. All numbers or addresses shall be 6" higi~ and placed on the front of the building in such a manner to be clearly visible from the street. The numbers shall contrast with their background. UFC 901.4.4. 12. Ail downstairs units shall be identified with the first digit in the unit identifier of 1 and all upstairs units shall be identified with the first digit in the unit identifier of 2. UFC 901.4.4. Adopt the Recommendations of the Central District Health Department as folloWs: 13. Run-off is not to create a mosquito breeding problem. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 14. Ail laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District shall review drainage plans. The developer shall comply with Idaho Code §31-3805. Irrigation water shall be made available to all developments within the Nampa & Meridian Irrigation District. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Existing Urban". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general Charles J. and Shel A. Eldredge - Applicant 4-Plex Family Dwelling - Page 5 of 13 vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, 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. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67; Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" excePt the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the Charles J. and Shel A. Eldredge - Applicant 4-Plex Family Dwelling - Page 6 of 13 ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17- 3) Will, in fact, constitute a conditional use as determined by City policy; b. Will be ham~onious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; uses; Will not be hazardous or disturbing to existing or future neighboring e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage 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; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the econo~nic welfare of the community; g. Will not involve uses, activities, 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; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Charles J. and Shel A. Eldredge - Applicant 4-Plex Family Dwelling - Page 7 of 13 5. Prior to granting a conditional use permit in a Medium High Density Residential District (R-15), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; Charles J. and Shel A. Eldredge - Applicant 4-Plex Family Dwelling - Page 8 of 13 D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for the construction of a four-plex family dwelling, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 1. 2. Landscaping shall be installed per the approved landscaping plan. Off-street parldng shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with ganericans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or Charles J. and Shel A. Eldredge - Applicant 4-Plex Family Dwelling - Page 9 of 13 engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91 ) for all.off-street parldng areas. Storm water treatment and disposal must be designed in accordance with Deparunent of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. All construction shall conform to the requirements of the Americans with Disabilities Act. Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. Adopt the Recommendations of the Ada County Highway District as follows: Applicant to comply with ACHD's letter dated June 12, 2001 and along with the February 10, 1999 conditions and requirements of Meridian Acres (Sue's Subdivision). Adopt the Recommendations of the Meridian Fire Department as follows: 10. That a fire-flow of 1,500 gallons per minute be available to service the project with a fire hydrant within 250' of the parking stall for given unit. 1994 UFC Table III A & B. 11. Premises Identification. All numbers or addresses shall be 6" high and placed on the front of the building in such a manner to be clearly visible from the street. The numbers shall contrast with their background. UFC 901.4.4. Charles J. and Shel A. Eldredge - Applicant 4-Plex Family Dwelling - Page 10 of 13 12. All downstairs units shall be identified with the first digit in the unit identifier of 1 and all upstairs units shall be identified with the first digit in the unit identifier of 2. UFC 901.4.4. Adopt the Recommendations of the Central District Health Department as follows: 13. Run-off is not to create a mosquito breeding problem. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 14. All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District shall revie,v drainage plans. The developer shall comply with Idaho Code §31-3805. Irrigation water shall be made available to all developments within the Nampa & Meridian Irrigation District. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit 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 WorLs Department and any affected party requesting notice. Charles J. and Shel A. Eldredge - Applicant 4-Plex Family Dwelling - Pagellofl3 NOTICE OF FINAL ACTION 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 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. By action of the City Council at its regular meeting held on the day of /'/~~ofTt , 2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED_~ COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAIrd~R) DATED: z?--~/~O / VOTED Charles J. and Shel A. Eldredge - Applicant 4-Plex Family Dwelling - Page 12 of 13 MOTION: APPROVED~:;~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. B3 City Clerk \~,,JPA_NTS40_PDC'~SERVER_Z\Work~M~Vleridian~Vieridian 15360M\Sue's SubVAC01-001 CUP01-022\CUP01- 022FFCL.doc Charles J. and Shel A. Eldredge - Applicant 4-Plex Family Dwelling - Page 13 of 13 BEFORE THE MERIDIAN CITY COUNCIL C/C 08-08-01 IN THE MATTER OF THE APPLICATION FOR A CONDITIONAL USE PERMIT FOR CHARLES J. AND SHEL A. ELDREDGE FOR A FOUR-PLEX FAMILY DWELLING IN AN R-15 ZONE LOCATED AT 551 W. IDAHO AVE., MERIDIAN, IDAHO ) ) ) ) ) ) ) ) ) ) CASE NO. CUP-01-022 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 8m day of August 2001, under the provisions of Meridian City Code § 1 I- 17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: I. That the Applicant of the property is granted a conditional use permit for the construction of a four-plex family dwelling in the R-15 zone, the proposed application request of a conditional use permit for the construction, development, maintenance and use for a four-plex family dwelling, as described in the "SITE PLAN AND LANDSCAPE CONDITIONAL USE APPLICATION SUE'S SUBDIVISION, BLOCK 2, LOT 1, FOURPLEX PLOT PLAN, DATE: 5-I 1-0I, JOB: SUE'S SUBDIVISION, SPECIALTY DESIGN, DESIGNERs CHARLES ELDREDGE, 1 OF 1, SPECIALTY HOMES, INC., DESIGNER, CHARLES ELDREDGE, DEVELOPER", for the development of the aforementioned four-plex family dwelling and which property description is on file in the City Clerk's office. 2. That the above named applicant is granted a conditional use permit for a four- plex family dwelling, located at 551 W. Idaho Ave., Meridian, Idaho, subject to the following conditions of use and development: ORDER GRANTING CONDITIONAL USE PERMIT BIG D. BUILDES-OWNERS / TREASURE VALLEY ENGINEERS-APPLICANT, OFFICE/WAREHOUSE ORDERCUP057 PAGE 1 OF 4 Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 1. Landscaping shall be installed per the approved landscaping plan. Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and I 1-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 41 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parldng areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary apPlications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. All construction shall conform to the requirements of the Americans with Disabilities Act. Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. ORDER GRANTING CONDITIONAL USE PERMIT BIG D. BUILDES-OWNERS / TREASURE VALLEY ENGINEERS-APPLICANT, OFFICFJWAREHOUSE ORDERCUP057 PAGE 2 OF 4 Adopt the Recommendations of the Ada County Highway District as follows: 9. Applicant to comply with ACHD's letter dated Jmte 12, 2001 and along with the February 10, 1999 conditions and requirements of Meridian Acres (Sue's Subdivision). Adopt the Recommendations of the Meridian Fire Department as follows: 10. That a fire-flow of 1,500 gallons per minute be available to service the project with a fire hydrant within 250' of the parldng stall for given unit. 1994 UFC Table III A & B. I1. Premises Identification. All numbers or addresses shall be 6" high and placed on the front of the building in such a manner to be clearly visible from the street. The numbers shall contrast with their background. UFC 901.4.4. 12. All downstairs units shall be identified with the first digit in the unit identifier of 1 and all upstairs units shall be identified with the first digit in the unit identifier of 2. UFC 901.4.4. Adopt the Recommendations of the Central District Health Department as follows: 13. Run-off is not to create a mosquito breeding problem. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 14. All laterals and waste ways shall be protected and all mtmicipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District shall review drainage plans. The developer shall comply with Idaho Code §31-3805. Irrigation water shall be made available to all developments within the Nampa & Meridian Irrigation District. ORDER GRANTING CONDITIONAL USE PERMIT BIG D. BUILDES-OWNERS / TREASURE VALLEY ENGINEERS-APPLICANT, OFFICE/WAREHOUSE ORDERCUP057 PAGE 3 OF 4 3. The above conditions are conduded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By actio& of the Cit~_Council at its regular meeting held on the /VF~/t(~4c oe ,2001. day of RO' D.'TC~rrie, 'Mayor City of Meridfan Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Dated: Z\Work~V~VleridianhMeridian 153601V~Sues SubVAC01-001 CUP01-022\CUP01-022Order.doc ORDER GRANTING CONDITIONAL USE PERMIT BIG D. BUILDES-OWNERS / TREASURE VALLEY ENGINEERS-APPLICANT, OFFICE/WAREHOUSE ORDERCUP057 PAGE 4 OF 4