Creekside CUP-10-002CITY OF MERIDIAN
FINDINGS OF FACT, coNCI_,usloNS OF E IDIAN~--
LAW AND I D A H O
DECISION & ORDER
In the Matter of Conditional Use Permit to Extend the Existing Nonconforming Residential
Use of the Property Located at 503 W. Broadway Avenue in the I-L Zoning District, by
Juston Hall.
Case No(s). CUP-10-002
For the Planning and Zoning Commission Hearing Date of: May 20, 2010 (Findings on
June 3, 2010)
A. Findings of Fact
Hearing Facts (see attached Staff Report for the hearing date of May 20, 2010,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of May 20, 2010,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 20,
2010, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of May 20, 2010, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 Meridian City Code, and all current zoning maps
thereof. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,
2002, Resolution No. 02-382 and Maps.
The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-10-002
Page 1
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Chairman of the Commission and City Clerk and then a copy
served by the Clerk upon the applicant, the Planning Department, the Public Works
Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval in the attached Staff Report
for the hearing date of May 20, 2010, incorporated by reference. The conditions are
concluded to be reasonable and the applicant shall meet such requirements as a condition
of approval of the application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's Conditional Use Permit as evidenced by having submitted the Site Plan
attached in Exhibit A of the staff report, is hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of May 20, 2010, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year.
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission maybe granted. With all extensions, the Director or Commission may
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-10-002
Page 2
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a
conditional use permit entitles the Owner to request a regulatory taking analysis. Such
request must be in writing, and must be filed with the City Clerk not more than twenty-
eight (28) days after the final decision concerning the matter at issue. A request for a
regulatory takings analysis will toll the time period within which a Petition for Judicial
Review maybe filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which 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 a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of May 20, 2010.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-10-002
Page 3
r~
By action of the Planning & Zoning Commission at its regular meeting held on the
day of ~~~,~~,~ , 2010.
COMMISSIONER MICHAEL ROHM
(Chair)
COMMISSIONER SCOTT FREEMAN
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER TOM O'BRIEN
VOTED
VOTED
VOTED_~t~a,Z-~'~' ~I
VOTED ~ ~j~~,QA'(,~'"
VOTED
MICHAEL ROHM
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
By: '' ., ~• Dated: (G J ~ " <~ ~ l L
City Clerk's ffice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-10-002
Page 4
COMMISSIONER JOE MARSHALL
STAFF REPORT Hearing Date: May 20, 2010
TO: Planning & Zoning Commission E IDIAN~--
FROM: Sonya Watters, Associate City Planner I D A H O
208-884-5533
SUBJECT: CUP-10-002 - Creekside
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Juston Hall, has applied for conditional use permit (CUP) approval to extend the
existing nonconforming residential use of the property located at 503 W. Broadway Avenue, as
required by UDC 11-1B-4A.1. The applicant proposes to construct a garage and carport for the
existing dwelling.
As part of the conditional use, the applicant requested to be allowed to use the rear portion of the
property as a holding yard/parking lot for a contractor's yard. The applicant subsequently withdrew
this portion of the CUP request. See Section IXAnalysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the
Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report.
The Meridian Planning and Zoning Commission heard this item on Mav 20, 2010. At the
public hearing, they moved to approve CUP-10-002.
a. Summary of Commission Public Hearing:
i. In favor: Juston Hall
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Dennis Taggart
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: Anna Canning
b. Kev Issues of Discussion by Commission:
i. The issue of the mix of non-conforming residential and industrial uses in this I-L
zoned area designated on the future land use map for medium density
residential uses.
c. Kev Commission Changes to Staff Recommendation:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-10-
002 as presented in the staff report for the hearing date of May 20, 2010, with the following
modifications: (Add any proposed modifications.) Ifurther move to direct Staff to prepare an
appropriate findings document to be considered at the next Planning and Zoning Commission hearing
on June 3, 2010.
Denial
After considering all staff, applicant and public testimony, 1 move to deny CUP-10-002 as
presented during the hearing on May 20, 2010, for the following reasons: (You should state specific
reasons for denial.)
PAGE 1
Continuance
I move to continue File Number CUP-10-002 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
503 W. Broadway Avenue
Located in the southeast % of Section 12, Township 3 North, Range 1 West
B. Owner(s):
Creekside Inc.
235 N. Pinedale Way
Eagle, ID 83616
C. Applicant:
Juston Hall
235 N. Pinedale Way
Eagle, ID 83616
D. Representative:
Same as applicant
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit. A public hearing is required before the
Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: May 3, and 17, 2010
C. Radius notices mailed to properties within 300 feet on: Apri130, 2010
D. Applicant posted notice on site by: May 10, 2010
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site is zoned I-L (Light Industrial). An occupied
residential home exists on this site.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The character of the
surrounding area consists of residential and industrial uses, zoned I-L and R-15. The uses abutting
this property are also nonconforming residential uses zoned I-L.
C. History of Previous Actions:
• This property along with several others in this area on the south side of Broadway
Avenue was rezoned to I-L (Light Industrial) several years ago for an industrial
development, which never occurred.
D. Utilities:
PAGE 2
1. Public Works:
a. Location of sewer: Currently served by mains located in W Broadway Ave
b. Location of water: Currently served by mains located in W Broadway Ave
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
Flood Plain: This property is not within the floodway but is in flood zone X5.
F. Access: This property is accessed via W. Broadway Avenue.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated "Medium Density Residential (MDR)" on the Comprehensive Plan
Future Land Use Map. As stated in the Comprehensive Plan (page 99), MDR designated areas allow
smaller lots for residential purposes within City limits. Uses may include single-family homes at
densities of three to eight dwelling units per acre. The existing and continued residential use of this
property is consistent with the MDR designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned
for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian currently provides municipal services to the subject
property in the following manner:
• Sanitary sewer and water service is currently provided to the property.
• The lands are serviced by the Meridian Fire Department (MFD).
• The lands are serviced by the Meridian Police Department (MPD).
• The roadways adjacent to the subject lands are currently owned and maintained by the Ada.
County Highway District (ACHD). This service will not change.
• The subject lands are currently serviced by the Meridian School District No. 2. This service
will not change.
• The subject lands are currently serviced by the Meridian Library District. This service will
not change.
Municipal, fee-supported, services will continue to be provided by the Meridian Building
Department, the Meridian Public Works Department, the Meridian Water Department, the
Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
PAGE 3
• Chapter VII, Goal IV (page 112) -Encourage compatible uses to minimize conflicts and
maximize use of land.
Although this property is designated for MDR uses, this property and several adjacent properties
on the south side of W. Broadway Avenue were previously rezoned to I-L. As a result, there is a
mix of industrial and nonconforming residential uses in this area. Staff believes the continued
residential use of this property is compatible with abutting residential uses and the future land
use designation of MDR for this property.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the industrial districts is to provide for convenient
employment centers of light manufacturing, research and development, warehousing, and
distributing. In accord with the Meridian Comprehensive Plan, the I-L district is intended to
encourage the development of industrial uses that are clean, quiet and free of hazardous or
objectionable elements and that are operated entirely, or almost entirely, within enclosed
structures. Accessibility to transportation systems is a requirement of this district (UDC 11-2C-
1 A).
B. Schedule of Use: Unified Development Code (UDC) 11-2C-21ists the principal permitted,
accessory, conditional, and prohibited uses in the I-L zoning district. The residential use of the
property is considered a nonconforming use because it lawfully existed prior to the effective date
of the UDC and does not now conform to the allowed uses for the I-L district.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2C-3 for the I-L
zoning district apply to this site.
D. Landscaping Standards (UDC 11-3B):
1. Width of street buffer(s): NA
2. Width of buffer(s) between land uses: NA
3. Percentage of site as open space: NA
4. Tree Preservation: NA
E. Off-Street Parking: UDC 11-3C-6 requires a total of 4off-street parking spaces to be provided for
2, 3, and 4 bedroom units consisting of at least 2 spaces in an enclosed garage and at least 2
spaces on a 20' x 20' parking pad between access and garage.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The applicant requests CUP approval to construct a garage and carport on the subject property.
Because residential use of this property is considered a nonconforming use in the I-L district,
CUP approval is required to extend the nonconforming use in accord with UDC 11-1B-4A.1.
Construction and reconstruction of structures is considered extending the use.
The applicant originally requested approval of a contractor's yard on the rear portion of the
property with this application but has subsequently withdrawn the request.
The applicant tore down an existing structure that was behind the house and had almost
completed building the new structures when the City's Building Inspector noted the construction
and informed the applicant that a building permit was required. A stop work order was issued
until such time as he obtained the necessary permits. The CUP approval is required prior to
issuance of a building permit.
PAGE 4
Because the residence does not currently have a garage or carport as required by UDC 11-3C-6,
the addition of a 2-car garage and a 25' x 36'covered carport will bring the property into
conformance with the intent of the City's off-street parking requirements for residential uses. The
applicant has also significantly renovated the exterior of the home.
Staff is supportive of the applicant's request to extend the existing residential use of the property
by constructing a garage and carport because the improvements bring the property into
compliance with the intent of current parking standards for single-family detached homes.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Site Plan
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
PAGES
Exhibit A.1: Vicinity/Zoning Map
PAGE 6
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PAGE 7
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The site plan attached in Exhibit A is approved as shown.
1.2 The residential use of this site is considered a nonconforming use in accord with UDC 11-1B-4.
As such, if the nonconforming use ceases for 12 consecutive months or has been replaced with a
conforming use, the nonconforming use shall be deemed abandoned and shall not be
reestablished.
1.3 The applicant shall obtain a building permit(s) for the garage and carport structure prior to
continuing work on the structures.
1.4 If the residential use of this site changes in the future to an industrial use, the applicant shall be
required to submit a Certificate of Zoning Compliance and Design Review application to the
Planning Department in accord with UDC 11-SB-1 and 11-SB-8 and comply with other
applicable provisions of the UDC.
1.5 The applicant shall have a maximum of 18 months to commence the use as permitted in accord
with the conditions of approval listed above. If the use has not begun within 18 months of
approval, a time extension shall be requested in accord with UDC 11-SB-6F prior to expiration. If
a time extension is not requested or granted and the CUP expires, a new conditional use permit
must be obtained prior to operation.
1.6 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
2. PUBLIC WORKS DEPARTMENT
2.1 The Public Works Department has no comments on this application.
3. FIRE DEPARTMENT
3.1 The Fire Department has no comments on this application.
4. POLICE DEPARTMENT
4.1 The Police Department did not submit comments on this application.
5. SANITARY SERVICES
5.1 SSC did not submit comments on this application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 .Per ACHD's letter to Juston Hall dated
May 25, 2010, ACHD has no site specific conditions of approval for this application at this
time due to the fact that there is no change in use.
7. PARKS DEPARTMENT
7.1 The Parks Department did not submit comments on this application.
PAGE 8
C. Required Findings from Unified Development Code
1. Conditional Use Permit (UDC 11-5B-6E)
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The Commission finds that the subject property is large enough to accommodate the existing
and proposed use and dimensional and development regulations of the I-L district (see
Analysis Section IX for more information).
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The Commission finds that the existing residential use & proposed accessory structure is
consistent with the Comprehensive Plan future land use map designation of MDR and is
allowed as a nonconforming use in the I-L district in accord with the provisions listed in
UDC 11-1B-4A. See Section VII, Comprehensive Plan analysis for more information.
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.
The Commission finds that if the applicant complies with the conditions outlined in this
report, the proposed extension of the existing residential use should be compatible with other
uses in the general neighborhood and with the existing and intended character of the 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.
The Commission finds that if the applicant complies with the conditions outlined in this
report, the proposed use should not adversely affect other property in the area.
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, and sewer.
The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are
currently available to the subject property. Please refer to any comments prepared by the
Meridian Fire Department, Police Department, Parks Department, Sanitary Services
Corporation and ACRD. Based on comments from other agencies and departments, the
Commission finds that the proposed use will be served adequately by all of the public
facilities and services listed above.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and that
the proposed use will not be detrimental to the community's economic welfare.
PAGE 9
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.
The Commission finds the continued residential use of the property will not be detrimental to
people, property or the general welfare of the area.
h. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use. The Commission finds that the proposed extension of the
residential use will not result in the destruction, loss or damage of any natural, scenic or
historic feature of major importance.