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HomeMy WebLinkAboutSilhouette Subdivision CUP-01-039BEFORE THE CITY COUNCIL OF THE CITY OF MERiDIAN C/C 02/05/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR SILHOUETTE SUBDIVISION IN AN R-8 ZONE, LOCATED EAST OF NORTH MERiDIAN ROAD AND SOUTH OF EAST USTICK ROAD, MERiDIAN, IDAHO TYLER TORICELSON, APPLICANT Case No. CUP-01-039 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 February 5, 2002, 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, Richard Pavelek, and Joseph Moyle, appeared and testified, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT- 1 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 February 5, 2002, before the City Council, the first publication appearing and ~vritten 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 ~veek 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 February 5, 2002, public hearings; and the applicant, affected property o~vners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express cmmments 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 of Posting filed with the staff report. 3. This proposed development request is in an R-1 zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located east of N. Meridian Road and south of E. Ustick Road, Meridian, Idaho. 5. The owner of record of the subject property is Tyler Torkelson of Meridian, Idaho. 6. Applicant is owner of record. 7. The subject property is currently zoned R-1 by Ada County. There is an application before the City Council for annexation and zoning to R-8. The zoning district of R-8 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 a planned development for a 21 lot townhouse residential development. 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- I). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. 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. 12. Giving due consideration to the comment received from the governmental subdivisions providing 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, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follo~vs: i. Applicant shall meet all of the requirements of the preliminary plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - z~ The basketball court shall be installed prior to the issuance of an occupancy permit for any home built within the subdivision. An asphalt walldng path shall be added to connect the open space provided north of the property with the sidewalk on Meridian Road and the sidewalk within the subdivision. Additionally, pursuant to the action of the City Council from their meeting held on February 5, 2002, the following shall be required: The two existing homes on the property shall be included as lots within the subdivsion, and the total number of buildable lots shall be 21. As shown on the new Landscape Plan, dated 1-14-02 and ~vhich shall be the Landscape Plan used for this project, a pathway shall run all along the Onweiller Lateral and continue behind the bermed area adjacent to the landscape setback along the Meridian Road. The turnaround for emergency vehicles shall be asphalt paved, shall be included as one of the required amenities for the Planned Development, and that a basketball hoop shall be placed at the end of the asphalt turnaround which shall be an amenity within the subdivsion. Pertaining to the open space, developer shall pipe the Onweiller Lateral which will provide significant pedestrian connection to the future undeveloped property to the east; and that a small space within the development shall accommodate a limited amount of play area at the center of the development. 13. That the site is large enough to accommodate the proposed use and all yards, open spaces, parl<Jng, landscaping, and other features as may be required by this ordinance; it is found that the subject property is large enough to accommodate the requested use and all other required features. 14. That the proposed use and development plan will be harmonious with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; it is found that the current Comprehensive Plan Land Use Map designates the property as "Single Family Residential". The proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. The proposed use is considered a permitted use (MCC Title 11-8-1), and is being developed as conditional use permit for a planned development in order to allo~v reduced lot sizes, reduced street frontages and zero lot lines. If the project is developed as submitted, it will meet the minimum requirements of this code. 15. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the esxisting or intended character of the general vicinity and that such use will not adversely change the essential character o the same area; it is found that the proposed development will not change the essential character of the general vicinity and xsdll be harmonious with the intended character of the same area. 16. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; it is found that the proposed use would not adversely affect other properties in the general vicinity. It is also found that the placement of the stub street to the south will impact the landowner to the south when he or she chooses to develop their property. The connection to the proposed stub street 5vill limit the layout of the property in the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 future when it is developed. Staff feels this will not be an adverse impact. 17. That the proposed use will be served adequately by essential public facilities and services such as highways, street, 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; it is found that the proposed development will be adequately served by the essential public facilities and services, as listed above. 18. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; it is found that the proposed use would not be detrimental to the economic welfare of the community, nor ~vould it create the need for any new facilities or services to be paid for by the public. 19. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; it is found that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. 20. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; it is found that the proposed use will not create significant interference FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 with any traffic on the surrounding public streets. 21. That the proposed use will not resuIt in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance; it is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. 22. The required open space within this subdivision is primarily located in along the northern property line adjacent to Onweiler Lateral, behind the proposed townhomes. There are two other small open spaces; one is located adjacent to the ent .ryway on the south side and the other is a 28-foot wide 100-foot deep lot on the east side of Richter Avenue. Because this subdivision is being developed as a Planned Development the applicant is required to provide at least two amenities or 10% open space and one ametfity. The proposed open space, although not centralized, does exceed the 10% requirement. Additionally, the applicant has proposed the installation of a concrete basketball court on Lot 5, Block 1 of the subdivision as the required amenity. Although the plat meets the minimum requirements of the Subdivision and Planned Development Ordinance, it is found that the open space should either be more centrally located, (to be visible and accessible by all of the subdivision residents), or provisions should be made to make the open space along the On,veiler Lateral more accessible. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 23. Because this subdivision is being developed as a Planned Development, the applicant is able to request reduced minimum standards within the proposed R-8 zone. The applicant has requested a reduction in minimum lot size from 4,250 square feet to 3,311 square feet, a reduction in street frontage requirements from 50 feet to 30 feet, and a reduction in side setbacks from 5 feet per stoW to 0 feet. There is no object to the requested reduction in minimum standards. 24. Staff supports interconnectivity between adjacent subdivisions, and supports the applicant's proposal to provide a stub-street to the undeveloped property to the south. A stub street to the east would provide additional connectivity in the future, however, due to the small size of the project, it is found that no more than one stub street should be required. CONCLUSIONS OF LAW I. 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 po~vers 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 established by the passage of the Ordinance 3. City of Meridian Zoning and Development at Titles XI and XII, Chapter I, Meridian City Code. 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 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 revie~v 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) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and ~xdth the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - I 0 facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. 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; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. 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. 5. Prior to granting a conditional use permit in the Medium Density Residential District (R-8), 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 ail 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT ~ 11 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 ~vith 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; 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 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 a planned development for a 21 lot townhouse residential development in an R-8 zone located east of N. Meridian Road and south of E. Ustick Road, Meridian, Idaho, subject to the following conditions of use and development, 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. 2. The basketball court shall be installed prior to the issuance of an occupancy permit for any home built within the subdivision. 3. An asphalt walking path shall be added to connect the open space provided north of the property with the sidewalk on Meridian Road and the sidewalk within the subdivision. Additionally, pursuant to the action of the City Council from their meeting held on February 5, 2002, the following shall be required: 4. The two existing homes on the property shall be included as lots within the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 subdivsion, and the total number of buildable lots shall be 21. As shown on the new Landscape Plan, dated 1-14-02 and ~vhich shall be the Landscape Plan used for this project, a pathway shall run all along the Onweiller Lateral and continue behind the bermed area adjacent to the landscape setback along the Meridian Road. The turnaround for emergency vehicles shall be asphalt paved, shall be included as one of the required amenities for the Planned Development, and that a basketball hoop shall be placed at the end of the asphalt turnaround which shall be an amenity within the subdivsion. Pertaining to the open space, developer shall pipe the Onweiller Lateral which will provide significant pedestrian connection to the future undeveloped property to the east; and that a small space within the development shall accommodate a limited amount of play area at the center of the development. 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 requirenrents 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 Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 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. By action of the City Council at its regtdar meeting held on the day of ~v'~La/b~, 2002. ROLL CALL: COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT O. CORRIE (TIE BREAICER) DATED: VOTED VOTED~-----4~ VOTED VOTED__~ VOTED MOTION: APPROVE~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. Z:\Work~Vleridian\Meridian 15360M\SiIhouette i~,u'~~~39~- 039~fCIsCUP01-039two.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/05/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR SILHOUETTE SUBDIVISION IN AN R-8 ZONE, LOCATED EAST OF NORTH MERIDIAN ROAD AND SOUTH OF EAST USTICK ROAD, MERIDIAN, IDAHO TYLER TORKELSON, APPLICANT Case No. CUP-01-039 ORDER GRANTING CONDITIONAL USE PERMIT I. This matter coming before the City Council on the February 5, 2002, under the provisions of Meridian City Code § 11-17-4 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: 2. That the above named applicant is granted a conditional use permit for a planned development for a 21 lot townhouse residential development in an R-8 zone located east of N. Meridian Road and south of E. Ustick Road, Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT - 1 (CUP-Ol-039) 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. 2. The basketball court shall be installed prior to the issuance of an occupancy permit for any home built within the subdivision. 3. An asphalt walking path shall be added to connect the open space provided north of the property with the sidewalk on Meridian Road and the sidewalk within the subdivision. Additionally, pursuant to the action of the City Council from their meeting held on February 5, 2002, the following shall be required: 4. The two existing homes on the property shall be included as lots within the subdivsion, and the total number of buildable lots shall be 2 I. As shown on the new Landscape Plan, dated 1-14-02 and ~vhich shall be the Landscape Plan used for this project, a pathway shall run all along the Onweiller Lateral and continue behind the bermed area adjacent to the landscape setback along the Meridian Road. The turnaround for emergency vehicles shall be asphalt paved, shall be included as one of the required amenities for the Planned Development, and that a basketball hoop shall be placed at the end of the asphalt turnaround which shall be an amenity within the subdivsion. Pertaining to the open space, developer shall pipe the Onweiller Lateral which will provide significant pedestrian connection to the future undeveloped property to the east; and that a small space within the development shall accommodate a limited amount of play area at the center of the development. 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. ORDER CONDITIONAL USE PERMIT (CUP-01-039) -2 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § I 1-17-8, a copy of ~vhich is attached to this permit. By action of the City Council at its regular meeting held on the dayof / ,2002. Rorb'~ert~. ~'~rri~, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. City Clerk g-lq-.oz- Dated: ~ Z:\Work~M~Meridian~leridian 15360M~Silhouette Sub AZ01-20 PP01-021 ORDER CONDITIONAL USE PERMIT (CUP-01-039) -3