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Terra Subdivision CUP BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION ) OF JIM HICKS, EAST OF W. 7TH AND SOUTH) FINDINGS OF FACT AND OF IDAHO, THE APPLICATION FOR ) CONCLUSIONS OF LAW AND CONDITIONAL USE PERMIT FOR 8 ZERO ) RECOMMENDATION TO CITY LOT LINE TOWNHOUSES, LOTS 2 AND 3, ) COUNCIL BLOCK 2, TERRA SUBDIVISION, MERIDIAN, ) IDAHO ) The above entitled conditional use permit application having come on for public hearing on August 11, 1998 and August 31, 1998, at the hour of 7:00 o'clock p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: 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 hearings scheduled for August 11, 1998 and August 31, 1998, before the Planning and Zoning Commission, the first publication appearing and written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearing having been posted upon the property under consideration more than one FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 Page 1 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 Planning and Zoning Commission at the August 11, 1998 and September 31, 1998 public hearings; 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 967-6509,6512, and 911-2-416E and 418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property is located within the City of Meridian; that the general location of the property is East of W. th and South of Idaho, Meridian, Idaho, and described in the application which description is incorporated herein. 4. The applicant is the record owner of the property and has filed a written request for a conditional use permit. 5. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. 6. The subject property is currently zoned (R-15), Medium High Density FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 Page 2 Residential District. The zoning of the Medium Density Residential District (R-15) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2- 40BB(5). 7. The proposed application requests a conditional use permit for the subject property subdivision of two existing four plexes into eight (B) zero lot line townhouses. The R-15 zoning designation within the City of Meridian Zoning and Development Ordinance requires that a conditional use permit be obtained for most uses including the request by the applicant. (Meridian City Zoning and Development Ord., Section 11-2- 409). B. The applicant testified at the public hearings that the particular characteristics of the subject property make the proposed conditional use desirable. 9. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 10. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian Planning and Zoning Administrator, Shari Stiles, have submitted comments, by and through a Memorandum dated August 7, 199B, and by and through testimony during the public hearings on this matter. Such report and comments are hereby incorporated herein. 11. The Meridian City Police Department, the Nampa & Meridian Irrigation District, the Ada County Highway District, and the Meridian Fire Department submitted comments which are also hereby incorporated herein. 12. The use proposed within the subject application will in fact, constitute a FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 Page 3 conditional use as determined by City Policy. 13. The proposed use within the subject application will be harmonious with and in accordance with the Comprehensive Plan in this Ordinance. 14. The use proposed within the subject application will be operated and maintained to be harmonious and appropriate in appearance or attended character within the general vicinity and that such use will not change the essential character of the same area. 15. The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The use 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 use proposed within the subject application will not create excessive additional requirements at public costs, for public facilities and services, and will not be detrimental to the economic welfare of the community. 18. 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. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 Page 4 "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. 967-6503). 2. The Meridian Planning and Zoning Commission 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 Title XI, Chapter I, Municipal Code of the City of Meridian. 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 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. To occupy and use real property which is designated and zoned as Medium High Density Residential (R-15) District within the City of Meridian for zero lot line townhouses requires approval by the Commission as provided for under the City of Meridian Zoning and Development Ordinance, 11-2-409. 5. The Commission 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 but the following standards are met (Section 11-2-418, City of Meridian Zoning and Development Ord.): a. Will, in fact, constitute a conditional use as determined by City policy FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 Page 5 b. Will be harmonious 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; d. Will not be hazardous or disturbing to existing or future neighboring uses; 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 economic 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 have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and i. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. Prior to granting a conditional use permit in a Medium High Density Residential (R-15) District, one (1) 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 conditional use permit all in accordance with the provisions of Section 11-2-418(e) City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 Page 6 Zoning and Development Ordinance. 7. 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. (Section 2-418(f), City of Meridian Zoning and Development Ordinance.) 8. When the Commission 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. 9. Having made the afore stated Findings of Fact and Conclusions of Law, the City of Meridian Planning and Zoning Commission hereby approves the proposed application for a conditional use permit for the uses set forth hereinabove with the following conditions: FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 Page 7 a. It is provided that all requested conditions set forth within the memorandum of Bruce Freckleton, the Assistant to the Meridian City Engineer, and Shari Stiles, the Meridian Planning and Zoning Administrator, dated August 6, 1998 be complied with. b. All comments and conditions set forth by the Meridian City Police, Fire District, Ada County Highway District, and Nampa & Meridian Irrigation District must be complied with. 10. 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. 11. It is hereby recommended by the Meridian Planning and Zoning Commission that should be applicant meet the afore stated conditions that the requested conditional use permit for the uses set forth hereinabove be granted by the Meridian City Council to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 Page 8 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions and Law. ROLL CALL COMMISSIONER BORUP VOTED ~ VOTED ~~ VOTED Af-^ VOTED Ap VOTED --- COMMISSIONER SMITH COMMISSIONER DEWEERD COMMISSIONER NELSON CHAIRMAN MALCOLM MAC COY (TIE BREAKER) DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for the uses set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the Meridian City Council. MOTION: APPROVED: ~'''l- 1A) 1 00998-Final CCl-t~ 10/13/7& DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE PERMIT - JIM HICKS ZERO LOT LINE IN AN R-15 Page 9 APPROVALOF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this /7ii1 day of ;r/tJ!/.e~-v ,1998. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON VOTED~ VOTED ~O..A VOTED ~ VOTED LJ-l2A MAYOR CORRIE (TIE BREAKER) VOTED (INITIAL) APPROVE~=::: DISAPPROVED . RECEIVED r~ 0 V 1 7 1998 CITY OF MERIDIAN FINDINGS OF FACT AND CONCLUSIONS OF LAW M (! t{ p m ~tL 7;;'"Zdnk't~ Jbj ;;Ifl-/I;~k.s .:;,