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Walker Duplex CUP-10-005 DES-10-028 ALT-10-003CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF E IDIAN~ LAW AND I D A H O DECISION & ORDER In the Matter of Conditional Use Permit, Design Review and Alternative Compliance for a Duplex in an R-4 Zoning District, by Cortland Walker. Case No(s). CUP-10-005; DES-10-028; ALT-10-003 For the Planning and Zoning Commission Hearing Date of: July 15, 2010 (Findings on August 5, 2010) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 15, 2010, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 15, 2010, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 15, 2010, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 15, 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-10-005, DES-10-028 & ALT-10-003 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 July 15, 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/landscape plan and building elevations attached in Exhibit A of the staff report dated July 15, 2010, 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 July 15, 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-10-005, DES-10-028 & ALT-10-003 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 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 July 15, 2010. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-10-005, DES-10-028 & ALT-10-003 Page 3 By action of the Planning & Zoning Commission at its regular meeting held on the rJ~ day of A-va~sa- , 2010. COMMISSIONER MICHAEL ROHM (Chair) COMMISSIONER SCOTT FREEMAN COMMISSIONER WENDY NEWTON-HUCKABAY COMMISSIONER TOM O'BRIEN COMMISSIONER JOE MARSHALL VOTED ~ ~,.5 VOTED p~j~,,.~1r VOTED~~ VOTED~~~ VOTED CHt~t N MICHAEL ROHM -~ ~~, Attest: ~ ~ ~~~ ~ '~ s' ~ ~~ rt'~ :~r ~_ ' , ~~. t ° " '...~ ~, ~p. v ib Ja cee H Clerk • ~~ ~~ T~' ~~y®~~;~r Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. BY: ~ ~~~-l, ~1~ ~ ~.. Dated: F J" _I "-' ~~; City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-10-005, DES-10-028 & ALT-IO-003 Page 4 STAFF REPORT Hearing Date: July 15, 2010 TO: Planning & Zoning Commission E IDIAN~-- FROM: Bill Parsons, Associate City Plarmer I D A H O 208-884-5533 SUBJECT: CUP-10-005, DES-10-028 & ALT-10-003 -Walker Duplex I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Cortland Walker, has applied for conditional use permit (CUP) approval for a duplex on approximately 0.20 acres in an R-4 zoning district. Concurrently, the applicant is requesting design review approval in accordance with Unified Development Code (UDC) 11-SB-8C. Alternative compliance is also being requested to deviate from parking requirements listed in UDC 11-3C-6. The proposed duplex will consist of a three bedroom unit on the main level and a one bedroom unit in the basement. Originally the structure was approved by the Building Department as a single family detached home. After the home plans were approved and construction commenced, the applicant revised plans to include a basement unit. 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 C. The Meridian Planning and Zoning Commission heard these items on July 15, 2010. At the public hearing, the Commission moved to approve CUP-10-005. a. Summary of Commission Public Hearing: i. In favor: Cortland Walker. Ernest Pauline. Christi Pauline. Ryan Ebeltoft and Angie Ebeltoft ii. In opposition: Brian Warner, Patricia Scott, Cheryl Lutz, Cheryl Tussy, Ryan Nolevanko ii. Commenting: None iii. Written testimony: Written testimony provided from Wesley Cate, Marilyn Dehlinger, Marie Brown, Ryan and Raemi Nolevanko iv. Staff presenting application: Bill Parsons v. Other staff commenting on application: Anna Canning, Ted Baird b. Kev Issues of Discussion by Commission: i. The parking requirements for single family homes and duplexes. ii. UDC requirements for a secondary dwelling unit. iii. Commission discussed limiting the basement unit to one bedroom as proposed. c. Kev Commission Changes to Staff Recommendation: i. The Commission added condition of approva11.6 that requires the basement unit is to remain as aone-bedroom unit. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers CUP-10- 005, DES-10-028 and ALT-10-003 (optional) as presented in the staff report for the hearing date of July 15, 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 August 5, 2010. PAGE 1 Denial After considering all staff, applicant and public testimony, I move to deny File Numbers CUP-10- 005, DES-10-028 and ALT-10-003 (optional) as presented during the hearing on July 15, 2010, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers CUP-10-005, DES-10-028 and ALT-10-003 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: 1251 W. Crestwood Drive (Lot 2, Block 1 of Woodward Estates) Located in the northwest '/ of Section 13, Township 3 North, Range 1 West B. Owner/Applicant: Cortland Walker 1300 S. Heidi Place Meridian, ID 83642 C. Representative: Same as owner/applicant D. 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: June 28, 2010 C. Radius notices mailed to properties within 300 feet on: June 24, 2010 D. Applicant posted notice on site by: July 2, 2010 VI. LAND USE A. Existing Land Use(s) and Zoning: This site is zoned R-4 (Medium Low-Density District). The duplex is currently under construction. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The character of the surrounding area consists of a mix of single family detached and attached residences, zoned R-4. C. History of Previous Actions: N/A D. Utilities: 1. Public Works: a. Location of sewer: W Crestwood Drive b. Location of water: W Crestwood Drive c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA PAGE 2 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: N/A F. Access: This property is accessed via S. West 12~' 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 proposed residential use (duplex) and existing zoning (R-4) of this property are 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. Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for a duplex in R-4 zoning district. Other properties in the surrounding area have developed with a mix of single family attached and detached homes as well. Therefore, Staff believes future development of this site with a duplex maintains consistency with the established neighborhood. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of the Residential Districts: The subject site is located in a Medium density residential zoning district (R-4). The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. PAGE 3 B. Schedule of Use: Unified Development Code (UDC) 11-2A-21ists the principal permitted, accessory, conditional, and prohibited uses in the R-4 zoning district. A duplex is a conditional use in the R-4 zoning district. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-5 for the R-4 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. For one bedroom units the UDC requires at least 2 spaces one in an enclosed garage and one on a 10' x 20' parking pad between access and garage. Thus, a total of 6 parking spaces (3 garage spaces and 3 parking pad spaces) are required for the structure. The applicant has submitted alternative compliance application to deviate from the parking requirements. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: CUP: Currently the proposed duplex is under construction. Originally the structure was approved by the building department as a single family residence with an unfinished basement. After construction commenced, the plans were revised to include a basement unit. Because of the modification to the submitted home plans, the residence under construction is now defined as a duplex by the UDC. UDC 11-2A-21ists a two family duplex as a Conditional Use in the R-4 zoning district subject to dimensional standards. The submitted site plan shows the proposed duplex meets the dimensional standards of the R-4 district. The proposed duplex will consist of a 1,466 square foot three bedroom unit on the main level and a 1,107 square foot one bedroom unit in the basement. Parking: As mentioned above, the proposed duplex will consist of a three bedroom unit and a one bedroom unit. 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. For one bedroom units the UDC requires a total of 2 spaces, one in an enclosed garage and one on a 10' x 20' parking pad between access and garage. The submitted site plan depicts a two car garage and a 34' X 20' driveway (20' feet for the parking pad and 14 feet to access the tenant space) for the main floor unit which complies with the parking requirements of the UDC. However, the parking for the basement unit is provided via two uncovered parking stalls along the southern side of the garage, labeled TS and T6. The proposed parking is not consistent with the parking requirements of the UDC due to the lack of garage parking. Thus, the applicant has requested alternative compliance to deviate from the parking requirements outlined in UDC 11-3C-6. (See alternative Compliance Analysis below.) ALT: The applicant requests Alternative Compliance to deviate from the parking requirements outlined in the parking analysis above. As an alternative, the applicant is proposing to construct a PAGE 4 19' X 20' parking pad and a 119 square foot storage shed. The storage shed is proposed to provide tenant storage the garage space would have provided. As mentioned earlier, the home plans were modified to accommodate the basement unit. The garage was under construction prior to the applicant being made aware of the additional parking requirements. Because there is a decorative bay window along the east side of the residence extending the garage and the parking pad northward was not aesthetically feasible. In addition, extending the garage to the south is not feasible because there is approximately 4 feet before the garage would encroach into the 15-foot rear setback. The proposed parking pad is allowed to encroach in the rear setback. There is concern that tenant space, labeled T6, may have issues with vehicles entering and exiting the space if a vehicle is parked in tenant space T5. The perfect scenario would be to extend the driveway to the southern boundary. However, existing utilities in this area make it impractical to pave entirely to the south unless the utilities were moved. Currently the submitted site plan depicts a curved portion of the driveway to enter parking space T6. Staff believes additional paving could be provided to help minimize the concerns with vehicular access. Staff recommends that the applicant extend the curved portion of the driveway to the southern and eastern boundary as much as possible without impeding the existing utilities to increase vehicular mobility to space T6. Per UDC 11-SB-SB.2f., requests for alternative compliance are allowed when the architectural and/or site design demonstrates consistency with the Meridian Design Manual. The Meridian Design Manual encourages residential structures to enhance the street presence and discourages parking from being the dominate focal point of the development. For this reason, Staff believes the site design is consistent with the Meridian Design Manual. Staff is supportive of the request for Alternative Compliance if the existing driveway is extended as staff has recommended above. See attached Findings in Exhibit C for more information. Note: Per UDC 11-SA-2, Alternative Compliance applications are approved at administrative level by the Planning Director. However, because ALT is requested concurrently with the CUP, Staff has included analysis on the ALT request in this staff report; the ALT application does not require Commission action. Access: The proposed duplex will take access from S. West 12"' Avenue, a designated local street, in accord with UDC 11-3A-3. Elevations: The Applicant has submitted building elevations with this application that are included in Exhibit A. Building materials depicted on the elevations include composite concrete lap siding with simulated wood grain, shake siding over the front bay window and stucco finish will applied to foundation walls of the basement unit. Roofing materials include a 30-year architectural shingle. Architectural elements including bay windows and a front porch provide relief in the roof plane and the modulation to the street facing facades. The applicant is also proposing a multiple paint scheme to add visual interest to the structure. Staff is supportive of the proposed elevations as they comply with the design standards listed in UDC 11-3A-19 and Meridian Design Manual. DES: Design Review approval is also requested for the proposed structure and site, as required by UDC 11-SB-8 in accord with the standards listed in UDC 11-3A-19 and the guidelines listed in the City's Design Manual. Because this is an infill project staff has taken into account the character of the surrounding residential properties and finds that the proposed duplex is designed in a similar fashion as the existing residences. Thus, staff is of the opinion that the proposed use is compatible with the PAGE 5 neighborhood. Staff has reviewed the design standards listed in UDC 11-3A-19 and found the site to be in compliance with all standards. In summary staff recommends approval of the applications with the conditions contained herein. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site/Landscape Plan 3. Elevations 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 (No comments provided) 7. Parks Department C. Required Findings from Unified Development Code PAGE 6 Exhibit A1: Vicinity/Zoning Map i ' I i ~ `s ~_ _ ~ ~ ~ ~ I - ~ W CREST WOOD DR W CREST WOOD DR PAGE 7 Exhibit A.2: Site/Landscape Plan NOTES: CONTRACTORS TO VERIFY ALL OIMMENS10N5. SPEC]CATIONS, ANO ELEVATIONS REPORT ANY ERROR AND/DR OMISSIONS TO OWNER/CONTRACTOR PRIOR TO CONSTRUCTION. PUBLIC WATER AND SEWER UTILITIES AVAILABLE SLOPE AWAY FROM HOUSE MiN SX 10 FT. IN EACH DIRECTION AND 2: THREREAFTER. SITE LEGEND PROPERTY LINE -------------- SETBACk LINE ---------------- DRA[NAGE -- LEGAL C7E8LLCCC1~k~ImTIpTV k PARCELWOFD©ANDALY[NGU INI THEI Nwl~ F SECTION 13, T.3N,• R,iW.. BOISE MER M AN. CITY OF MERIDIAN, ADA COUNTY. IDAHO I~+}-}1^81GAL ApC71~2E88 AREA GALGULATIpNS HOUSE/GARkGE••••.••.•••••••••••••••2.002 S0. FT. COVERED PATIO.....,....,„,,,,,,,,,,,,,113 SO• FT. OPEN PAT10 ........................ .46 SO• FT• LDT AREA ............................9.163 50. FT.' ~. _ - - ._. o ~ °~i ,^ J~ - r ! ~ I WATER METER r I 1251 W. CRESTWOOD DRIVE PLANTER--~ E%ISTING PINE TREE ^-o, :0' -0" R•4 = R3 n N ~ ~ I~ ..,..... i ® I I I y N I i rNi "' ~ i 1 y I 1 .. ~ ~ ~ 1 -. .- D w I ~ 1 ~* fi i T i i ~ - "~... .,.. r.. - .,.._ , ~.. a~~ C3 ~ ....w ~ ..__. ^t',,,- ..__.. ..~ --------••-•----- -- - ._.._.._ -^CS NEW TREE r ~ N 90.00'00" E 36.8a TYPICAL MA-0' CONCRETE PLANTER PROPERTY LOCATION v+Ctnllt-r- MCP f~L©T I°1-.-.d.l~l Scals 1 = 10'-0 PAGE8 Exhibit A.3: Elevations PIiOYNE MN I SF9OB iF. F18E blE6 OF oFNT YNlC6, NPOE MpKJR 6M46 vlNiB r! MEFEPWIEC tlN NfiDUMED •r~Dwoe wr eDFivta ie• x d' !DIlPCP .~» . n° oc. ~waaa ccMre r• SCIi[IID "~IYVT M Fl~GiGIViD Dla li(illliD 0 0000 B ®B 881 e e ® ® ® , .~: C__________________________________________________~ Z ~y LEvA7iGiJ O~ Z O u~ v _ 0 n """'° m m ~! o-ar•- ! ~ ~~ I m ~ A49Sb .. . i i i __________i L w I__________________________________________________7 N!!7 porch Foundation BAGK ELEVl+7aa•1 w-~ na Free G~~ ! ~ '9 ~, .,.m W ..n urta m • IMOND! Mali Muse M. AOGAWSLY ~ FVT £LE VCTIdV ~ i a~ OF .L/, .M.ObF. Dse .wDnw G w+n wa n~saaiD aw ~mr.D mwD.~x •T Bonn, w• x r' ~cwenm Vern • Te^ Ds. °Npi•w~.>.~ on rtaaso. `~^ lClalil~D vlNT Y ~ • ~~ ve ~i ~jMG meGTYQ1-I MORY u1/GGA@MENT L£Ft ELBV47tON V N aHE w-'s PAGE 9 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site/landscape plan and elevations attached in Exhibit A is approved with the following change: • The curved portion of the proposed driveway shall be extended towards the southern and eastern boundary as much as possible without impeding the existing utilities to increase vehicular mobility to space T6. 1.2 The applicant shall obtain a Certificate of Zoning Compliance, prior to releasing occupancy of the duplex. 1.3 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above (UDC 11-SB-6F). If the approved use has not begun within 18 months of approval, a new conditional use permit must be obtained. 1.4 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.5 The request for Administrative Design Review and Alternative Compliance approval for the site design, proposed building and parking are approved as modified by the conditions of approval herein. Any modifications to the site design, landscape design or building alternations shall not occur without written approval from the Planning Department. 1.6 The basement unit shall remain a one bedroom unit. 2. PUBLIC WORKS DEPARTMENT 2.1 The Public Works Department has no comments on this application. 3. FIRE DEPARTMENT 3.1 The most remote portion of the structure as measured around the perimeter shall be within 150' of a fire lane or paved surface capable of supporting 75,000 lbs. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with this application. 5. SANITARY SERVICES 5.1 SSC has no comments related to this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 ACRD did not submit comments on this application. 7. PARKS DEPARTMENT 7.1 The Parks Department has no comments related to this application. PAGE 10 C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-SB-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 proposed use and dimensional and development regulations of the R-4 district (see Analysis Section D~ 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 is consistent with the Comprehensive Plan future land use map designation of MDR. See Section VIl, 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 duplex 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. The Commission should take in to account public testimony provided if the development will adversely affect the 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, 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, Staff 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. PAGE 11 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. 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 proposed duplex 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. Staff finds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Commission's attention. The Commission finds that the proposed duplex will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. 2. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR The constructed garage impacts the site design of this property particularly how it relates to the tenant parking for the one bedroom basement unit. This does, in fact, preclude full compliance with the City's parking standards. The Meridian Design Manual encourages residential structures to enhance the street presence and discourages parking from being the dominate focal point of the development. For this reason, Staff believes the site design is consistent with the Meridian Design Manual. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and Staff finds adding the 119 square foot storage shed for tenant storage and constructing a 19' X 20' parking pad provides an equal means for meeting the City's parking requirements. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. Staff fmds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties.