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HomeMy WebLinkAboutObservation Point CUP 03-047BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11/25/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT TO DEMOLISH AN EXISTING HOME AND REBUILD ONE SINGLE FAMILY RESIDENTIAL DWELLING FOR A CARETAKERS QUARTERS ON LOT2BLOCK2FOR OBSERVATION POINT SUBDIVISION IN AN R-4 ZONE, LOCATED AT 500 EAST VICTORY ROAD, MERIDIAN, IDAHO RF CONSTRUCTION, APPLICANT Case No. CUP-03-047 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 November 12, 2003 and continued until November I8, 2003 and November 25, ?003, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Amra Powell Planning Director, and Brad Hawkins-Clark, both for the Planning and Zoning Department, and Elliott Sheffield, Lori Klem, and Gary Sackett, 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 Council hereby makes the following Findings of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 16 Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT A notice of a public hearing on the conditional use perniit was published for rivo (2) consecutive weeks prior to the said public hearing scheduled for November 12, 2003, and continued until November 18, 2003 and November 25, 2003, before the City Cowzcil, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the exfemal boundaries of the property under consideration mare than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property wider 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 November 12, 2003, and continued until November 18, 2003 and November 2~, 2003, public hearings; and the applicant, affected property owners, and govenunent subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 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-~ as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an R-4 zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 16 Council on this application. The property is located on the north side of Victory Road, approximately 1,000 feet easC of Meridian Road, Meridian, Idaho, and the parcel is contiguous to existing city litnits. 5. The owner of record of thesubject property is .Terry L. Coven, 6874 Fairview Avenue, Boise, Idaho 83704. 6. Applicant is RF Construction, 6874 Fairview Avenue, Boise, Idaho 83704. The subject property is currently zoned R-4. The zoning disn-ict of R-4 is defined within the City ofMeridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for approval to demolish an existing home and to rebuild one single-family residential dwelling in the R-4 zone. Meridian City Code 11-7-2.C requires connection fo the Municipal water and sewer systems of the City of Meridian in the R-4 zone. Meridian City Code 11-10-4 requires all new single-family detached houses in the R-4 District to contain at least 1,400 square-feet of living space. Meridian City Code 11-5-S.A states: no existing structure (devoted to a use not peruitted by the Title in. the district in which it is located) maybe enlarged, extended, constructed, reconstructed, moved or structurally altered except by conditional use and except where the use of the structure changes to a use permitted in the district in which it is located. 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Low Density Residential. 10. The proposed residence, which is the subject of this application, will in fact constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council Cakesjudicial notice of its Zoning, Subdivision and FII\~INGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 16 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 Co the continent received from the governmental srbdivisions 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: A. Adopt the Recommendations of the Planning and Zoning Commission, as follows: Any new home on Lot 2, Block 2, Observation Point Subdivision shall be a minimum 1,400 square feet. ?. The Applicant shall install landscaping and buffering along Victory Road per the Subdivision Ordinance and in a manner similar to the existing landscaping adjacent to the improved portion of Observation Point Subdivision. 3. The Applicant shall green-up the remaining acreage of the property. (See Council's November 25, 2003 clarification on green-np in C.1. herein below.) 4. Prior to the issuance of a building permit, submit a site plan to be approved by the Planning & Zoning Department showing how the side enhy of the proposed garage wi Il lay out on the Plat.) (Per Council's action at their November 25, 2003 meeting.) 5. The Applicant is required to hook up to City sewer and water services at this time, however, no building permit shall be issued on this site until the sanitary restrictions placed on this lot are resolved with the Central District Health Department_ B. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. FINDINGS OF FACT AND CONCLUSIO'_VS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNllT PAGE 4 OF 16 2. The developer must comply with Idaho Code 31-3805. C. Adopt the action of the City Council taken at their November 25, 2003 meeting as follows: For clarification: To the definition of "greening-up", which pertains to the remaining portion of the subject lot, (which would be the lot area outside of the required 20-foot wide landscaping buffer along Victory Road, the building(s) and driveway on the lot.), it shall mean to make the remaining, undeveloped, portion of the subject lot to look like the other buildable lots within the Observation Point Subdivision development. In addition to the landscaping along Victory Road, it is also recommended that the applicant shall either sod or seed, and maintain (mow and remove weeds) the undeveloped portion of the subject lot. If the applicant chooses to install trees, shrubs or other landscaping this shall be allowed as long as the proposed landscaping does not violate Meridian City Code. Lot 2, Block 2, of Observation Point Subdivision, according to City records, has always been included within the boundaries of this subdivision (formerly Timber View Subdivision - PP-00-010), and the associated annexation and zoning request (AZ-00-010), although not always in the same configuration. on the plat. When Timber View Subdivision was originally submitted to the City for review in March of 2000, there were 3 buildable lots proposed on the soutb side of the Kennedy Lateral. After receiving comments from ACHD, who wanted an internal vehicular connection across the lateral to the 3 lots, and the recommendation from the City for making the 3 lots a park, because the lots were outside of the sewer service area for the Ten Mile Trunk, the applicant revised the plat to have just one lot south of the lateral. This lot, which is the subject of this application, was platted to accommodate the existing residence on the lot until such time as the property re- develops. The City did not require the inclusion of this lot; as it has been a part of Observation Point/Timber View Subdivision since the original submittal iii 2000.) 3. The applicant and any subsequent owner shall not be allowed to further subdivide Lot 2, Block 2. 13. It is found that the site is large enough to accommodate fhe proposed use and all other features required by Meridian City Code (MCC). Lot 2, Block 2, contains approximately 1..88-acres. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 16 The Applicant is proposing to constmct a front-entry (facing Victory Road) garage approximately 30-feet from the existing right-of--way for Victory Road. Victory Road is designated as a collector on the 202 Functional Street Classification Map. Tlae Meridian Comprehensive Plan requires a 20-foot wide landscape buffer along collector roadways. Except for the subject lot, a 20-foot wide landscape buffer was provided along Victory Road with Observation Point Subdivision. When a 20-foot landscape buffer is constructed aUutting the site on Victory Road, the face of the proposed garage would be approximately 10-feet from the back of the buffer. Meridian City Code requires a 30-foot front setback along collector roadways in the R-4 zone. In order to be consistent with required setbacks on Victory Road, any structure(s) constructed on Lot 2, Block 2, shall be located a minimum of 40-feet back (for structures taking direct access to Victory Road) from the current Victory Road right-of--way line. This recommendation accounts for the future 20-foot wide landscape buffer and required front setback in the R-4 zone as well as accowiting for the off-street parking to be located outside of the fuhu~e landscape buffer on Victory Road. NOTE: In order to limit direct lot access to Victory Road in the future, the Applicant shall orient the garage so access can be taken fi-om a future internal street and not Victory Road when this lot redevelops. Should the Applicant provide staff with a diagrun showing how access will be taken internally in the future, the setback from Victory Road maybe reduced to the less- restrictive side or rear setbacks, depending on orientation. 14. The Comprehensive Plan Land Use Map designates the property as "Low-Density Residential". In Chapter 7, Future Conditions, Land Use, of the Meridian Comprehensive Plan (MCP), it is stated that the purpose of Low Density Residential is "to allow for the development of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 16 single family homes on large lots where urban services are provided." In Chapter 6 of the MCP, it is stated fliat "new development should protect street and road corridors so that they can mesh with the existing street system to accommodate future transportation demands. "Also in Chapter 6 of the MCP, it is stated that "the capacity of arterial and collector roadways can be greatly diminished by excessive driveway connections to the roadways. The City shoa~ld cooperate with ACRD to minirnize access points on arterial and collector roadways as development applications are reviewed. " It is found that if urban services are not provided and the Victory Road corridor/buffer is not protected, then the proposed non-conforming single-family use is not harnlonious with the Meridian Comprehensive Plan or Meridian City Code. 15. It is found that the single-family residential use is compatible with the other existing and intended character/uses in the general vicinity. However, the design, operation, and maintenance of the septic use is not consistent with the intended character ofthe vicinity. When Observation Point Subdivision was processed, the City and the Central District Health Department (CDHD) intended for any new residential structure(s) constructed on Lot 2, Block 2, to be serviced with sewer and wafer from the City. A recommendation for denial has been received for the proposed conditional use permit from the Central District Health Department (see referral dated 9-10-03 from CDHD). The referral from Mike Reno at the CDHD, states that because this development (Observation PoiuC) was approved and sanitary restrictions were released for central sewer and water, he camlot approve this CUP (application) unless the lot were to have city water and sewer services. 16. It is not anticipated that the proposed development will have an adverse impact on the surrounding property. FINDINGS OF FACT AND CONCLUSIONS OF LAW' AND DECISION ANA ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 1G 17. It is found that the proposed development can be adequately served by all of the above listed public facilities and public sen~ices. 18. Pertaining to activities, processes, materials, equipment, and conditions of operation that would be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, it is not anticipated fliat this should be a problem for the surrounding area. 19. The subject site has one existing driveway to/from Victory Road. VictoryRoad is the only public street frontage that this site has. Therefore, direct lot access to VictoryRoad is needed at this time. It is found that the location of the existing vehicle approach should not interfere with traffic on the surrounding public streets. NOTE: In order to ensure that vehicular approaches to the property do not interfere with traffic in the future, it is recommended that any garage on Lot 2, Blocl< 2, be designed so vehicular access can be taken internally, and not from Victory Road, when the lot redevelops. 20. No natural or scenic feature(s) will be lost, damaged or destroyed by issuance of this conditional use. CONCLUSIONS OF LAW 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 (LC. §67-6503). 2. The Meridian City Council may exercise all the poi;rers 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND O12DER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 16 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. 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 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) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as maybe 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 tlus Ordinance; c. 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; 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 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 establislmnent of the proposed conditional use shall be able to provide adequately any such services; £ 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 Ue detrimental to any persons, property or the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANll ORDER GRANTING CONDITIONAL USE PERYIIT PAGE 9 OF 16 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. Prior to granting a conditional ttse permit in the Low Density Residential District (R-4), 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-~ 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) When the City Council approves a conditional use permit it may impose FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 16 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 nahire 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. The City of Meridian has, by ordinance, established the hnpact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 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: That the above named applicant is granted a conditional use permit to demolish the existing home and rebuild a one single family residential dwelling for a caretakers quarters on Lot 2, Block 2 of Observation Point Subdivision in an R-4 zone, located at 500 East Victory Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 16 following: A. Adopt the Recommendations of the Planning and Zoning Commission, as follows: Any new home on Lot 2, Block 2, Observation Point Subdivision shall be a minimum 1,400 square feet. 2. The Applicant shall install landscaping and buffering along Victory Road per the Subdivision Ordinance and in a manner similar to the existing landscaping adjacent to the improved portion of Observation Point Subdivision. 3. The Applicant shall green-up the remaining acreage of the property. (See Council's November 25, 2003 clarification on green-up in C.1. herein below.) 4. Prior to the issuance of a building permit, subtnit a site plan to be approved by the Planning & Zoning Department showing how the side entry of the proposed garage will lay out on the Plat.) (Per Council's action at their November 25, 2003 meeting.) The Applicant is required to hook up to City sewer and water services at this time, however, no building permit shall be issued on this site until the sanitary restrictions placed on this lot are resolved with the Central District Health Department. B. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainageplans. 2. The developer must comply with Idaho Code 31-3805. C. Adopt the action of the City Council taken at their November 25, 2003 meeting as follows: For clarification: To the definition of "greening-up", which pertains to the remaining portion of the subject lot, (which would be the lot area outside of the required 20-foot wide landscaping buffer along Victory Road, the building(s) and driveway on the lot.), it shall mean to make the remaining, undeveloped, portion of the subject lot to look like the other buildable lots within the Observation Point Subdivision development. In addition to the landscaping along Victory Road, it is also recommended that the applicant shall either sod or seed, and maintain (mow and remove weeds) the undeveloped portion of the subject lot. If the applicant chooses to install trees, shrubs or other landscaping this shall be allowed as long as the proposed landscaping does not violate Meridian City Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 16 2. Lot 2, Block 2, of Observation Point Subdivision, according to City records, has always been included within the boundaries of this subdivision (formerly Timber View Subdivision-PP-00-010), and the associated annexation and zoning request (AZ-00-O10), although not always in the same configuration on the plat. When Timber View Subdivision was originally submitted Co the City for review iu March of 2000, there were 3 buildable lots proposed on the south side of the Kennedy Lateral. After receiving comments from ACHD, who wanted an internal vehicular connectiori across the lateral to the 3 lots, and the recommendation from the City for malting the 3 lots a park, because the lots were outside of the sewer service area for the Ten Mile Trunk, the applicant revised the plat to havejust one lot south of the lateral. This lot, which is the subject of this application, was platted to accommodate the existing residence on the lot until such time as the property re- develops. The City did not require the inclusion of this lot; as it has been. a part of Observation Point/Timber View Subdivision since the original submittal in 2000.) 3. The applicant and any subsequent owner shall not be allowed to further subdivide Lot 2, Block 2. 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 anal 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 Clerlt 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 EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the pem,rit holder must commence the use as permitted in accordance with the conditions of approval, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 16 satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. hi this context "structures" shall include sewer and water lines, streets or building constriction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application far time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring 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 year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.j NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may 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 aC issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANll ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 16 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 maybe 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 ajudicial 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 Ge ~ ~ , 2003. ROLL CALL: COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc LANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED~~ VOTED__E~ VOTED~~ VOTED ~/~~~~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: /2 - 9-03 MOTION: APPROV ED:~ DISAPPROVED: Attest: u;!ar,iru,i ,~,,' .. ^~'~FiP~Hq~ ~~ J~ `i Q William G. Berg, Jr., City vG ~~ O 's' ~'sr ~s't • Q•Z ~q l1 `r ~~ de ~i-e~ ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 16 Copy served upon Applicant, Planning and Zoning Deroartmet Department and the City Attorney. ~~~~""'~ ~~q~f~~'~'~~~,, C~~, 2GOPPOR.4 r~ 9'1/ Public Works 2. - % P3 City Clerk ~_ ~G moo" -y ~USr isj . ^ .rO '~ ,. Z:\Work\M\Meridian\Mendian 15360M\Observation Poin[ Sub CUP-03-t~'~]""iL`~s~'fJ40~hD`d7.doc .e...,.. ~y,~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER CR4NTING CONDITIONAL USE PERMIT PAGE 16 OF 16 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11/25/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT TO DEMOLISH AN EXISTING HOME AND REBUILD ONE SINGLE FAMILY RESIDENITAL DWELLING FOR A CARETAKERS QUARTERS ON LOT2BLOCK2FOR OBSERVATION POINT SUBDIVISION IN AN R-4 ZONE, LOCATED AT 500 EAST VICTORY ROAD, MERIDIAN, IDAHO Case No. CUP-03-047 ORDER GRANTING CONDITIONAL USE PERMIT RF CONSTRUCTION, APPLICANT This matter coming before the City Council on November 12, 2003 and continued until November 18, 2003 and November 2~, 2003, 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 to demolish the existing home and rebuild a one single family residential dwelling for a caretakers quarters on Lot 2, Block 2 of Observation Point Subdivision in an R-4 zone, located at 500 East Victory Road, Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT (CUP-03-047) PAGE 1 OF 5 A. Adopt the Recommendations of the Planning and Zoning Commission, as follows: Any new home on Lot 2, Block 2, Observation Point Subdivision shall be a minimum 1,400 square feet. The Applicant shall install landscaping and buffering along Victory Road per the Subdivision Ordinance and in a manner similar to the existing landscaping adjacent to the improved portion of Observation Point Subdivision. The Applicant shall green-up the remaining acreage of the property. (See Council's November 25, 2003 clarification on green-up in C.1. herein below.) 4. Prior to the issuance of a building permit, submit a site plan to be approved by the Planning & Zoning Department showing how the side entry of the proposed garage will lay out on the Plat.) (Per Council's action at their November 25, 2003 meeting.) The Applicant is required to hook up to City sewer and water services at this time, however, no building permit shall be issued on this site until the sanitary restrictions placed on this lot are resolved with the Central District Health Department. B. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. C. Adopt the action of the City Council taken at their November 25, 2003 meeting as follows: For clarification: To the definition of "greening-up", which pertains to the remaining portion of the subject lot, (which would be the lot area outside of the required 20-foot wide landscaping buffer along Victory Road, the building(s) and driveway on the lot.), it shall mean to make the remaining, undeveloped, portion of the subject lot to look like the other buildable lots within the Observation Point Subdivision development. In addition to the landscaping along Victory Road, it is also recommended that the applicant shall either sod or seed, and maintain (mow and remove weeds) the undeveloped portion of the subject lot. If the applicant chooses to install trees, shrubs or other landscaping this shall be allowed as long as the proposed landscaping does not violate Meridian City Code. ORDER CONDITIONAL USE PERMIT (CUP-03-047) PAGE 2 OF 5 2. Lot 2, Block 2, of Observation Point Subdivision, according to City records, has always been included within the boundaries of this subdivision. (formerly Timber View Subdivision - PP-00-010), and the associated annexation and zoning request (AZ-00-010), although not always in the same configuration on the plat. When Timber View Subdivision was originally submitted to the City for review in March of 2000, there were 3 buildable lots proposed on the south side of the Kennedy Lateral. After receiving comments from ACHD, who wanted an internal vehicular connection across the lateral to the 3 lots, and the recommendation from the City for making the 3 lots a park, because the lots were outside of the sewer service area for the Ten Mile Trunk, the applicant revised the plat to have just one lot south of the lateral. This lot, which is the subject of this application, was platted to accommodate the existing residence on the lot until such time as the property re- develops. The City did not require Che inclusion of this lot; as it has been a part of Observation Point/Timber View Subdivision since the original submittal in 2000.) The applicant and any subsequent owner shall not be allowed to further subdivide Lot 2, Block 2. 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. 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. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the pern~it holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context ORDER CONDITIONAL USE PERMIT (CLrP-03-047) PAGE 3 OF 5 \~ "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of kbe project. For projects requiring 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 year from the original date of approval by the council. 1f the successive phases are not submitted within one year intervals, the conditional approval of the firture phases shall be null and void. (VICC 11-17- 4.B.) NOTICE OF RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may 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 maybe filed. B)(y a~cti~on,,of the City Council at its regular meeting held on the '~ day of -----~~~~-~4Yv~ ,2003. ORDER CONDITIONAL USE PERMIT (CUP-03-047) PAGE 4 OF 5 City of Meridian T,,, ~tl~",,;~ a'~ Attest: `~o``~~~ ~~ Cs~j G~~nu.~ o` `~aaPOR;a rF qy '~. _ = SEAL _ 9 ~ William G. Berg, Jr., City le ~~ yo G~vST tsS ,~ .~D a q oP .~ .~ ~~~ Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. `~~,,.I ~~ ~ n,,,,~ By: ~~~y/-/u-~/°, }~.. Dated City Clerk /Z - 9~®3 Z'.\Work\M\MeridiafriMeridian 15360M\Observation Poin[ Sub CUP-03-047\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-03-047) PAGE 5 OF 5 `~.~`~~ OF MEN/p~~''/. = AL 9~ o~ ~~ '. 90 ~sT isS . 10 ~: ,` q \OP \; ~` ,,..; :.:,y,,;r~~