Sommersby MCU-11-002CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
E IDIAN~--
IDAHO
In the Matter of Conditional Use Permit Modification for Sommersby Subdivision, Located Near
the Northeast Corner in the R-15 Zoning District, by Biltmore Company, LLC.
Case No(s). MCU-11-002
For the Planning & Zoning Commission Hearing/Findings Date of: December 15, 2011
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 15, 2011, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 15, 2011, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 15,
2011, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 15, 2011, 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 April 19, 2011, Resolution No. 11-784 and Maps.
3. 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.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-11-002
Page 1
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of December 15, 2011, 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 request for conditional use permit modification is hereby conditionally
approved per the conditions of approval in the attached staff report for the hearing date of
December 15, 2011, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City in accord with UDC 11-SB-6F.1.
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
signed by the City Engineer within this two (2) year period in accord with UDC 11-SB-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-SB-6.F.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the Commission maybe granted. With all extensions, the Director
or Commission may 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.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which maybe adversely affected by the final action of the
governing board 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 December 15, 2011
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-11-002
Page 2
By action of the Planning & Zoning Commission at its regular meeting held on the S`~' day of
(ZQ eQm , 2011.
COMMISSIONER SCOTT FREEMAN VOTED~Q.,
(Chairman)
COMMISSIONER MICHAEL ROHM VOTED
COMMISSIONER TOM O'BRIEN VOTED___ l (~~,
COMMISSIONER JOE MARSHALL VOTED_ ~~ Z~~~.
COMMISSIONER STEVEN YEARSLEY ~ ~ VOTED~~J as•~~
Scott Freeman,
Attest:
~ -~'~' ~
Jaycee Holman, City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-11-002
Page 3
STAFF REPORT
Hearing Date:
TO:
FROM:
SUBJECT:
December 15, 2011
Planning & Zoning Commission
Bill Parsons, Associate City Planner
208-884-5533
MCU-11-002 - Sommersby
E IDIAN~--
1DAH0
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Biltmore Company, LLC, is requesting to remove the requirement for stucco as the
primary building material for the Sommersby fourplexes. See Section IX Analysis for more
information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MCU with the conditions listed in Exhibit B, based on
the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian
Planning and Zoning Commission heard this item on December 15, 2011. At the public
hearing, the Commission moved to approve the subiect MCU request.
a. Summary of Commission Public Hearing:
i. In favor: Kevin Amar
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Kev Issues of Discussion by Commission:
i. None
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 MCU-11-
002 as presented in the staff report for the hearing date of December 15, 2011, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny MCU-11-002 as
presented during the hearing on December 15, 2011, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number MCU-11-002 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: Northeast corner of Ten Mile Road and Pine Ave
SommersbyMCU-11-002 PAGE 1
Located in the southwest '/a of the northwest % of Section 11, Township 3 North, Range 1 West
B. Owner(s):
D.L. Evans Bank
2560 E. Fairview Avenue
Meridian, ID 83642
C. Applicant:
Kevin Amar, Biltmore Company, LLC
3681 N. Locust Grove Road, Suite #100
Meridian, ID 83646
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 modification. 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: November 28, and December 12, 2011
C. Radius notices mailed to properties within 300 feet on: November 17, 2011
D. Applicant posted notice on site by: December 1, 2011
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site is currently developed with eleven (11) fourplex
buildings, zoned R-15. The office portion of the development remains vacant and is zoned L-O.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by
residential property zoned R-4, R-8 and R-15and and undeveloped commercial properties zoned
L-O and C-C.
C. History of Previous Actions: The development was approved as a planned development (CUP-04-
040) known as Sommersby. The approved PD allows a mix of office and multi-family.
Specifically, the PD requires the fourplexes to be constructed of stucco and eleven (11) buildings
have been constructed under the guidelines of the PD.
Staff has approved a certificate of zoning compliance and administrative design review (CZC-11-
059) for the twelve (12) remaining fourplex lots. The elevations approved with the subject
application include the stucco siding.
D. Utilities:
1. Public Works:
a. Location of sewer: Currently connected to sewer.
b. Location of water: Currently connected to water.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: No major facilities affect this portion of the development.
Sommersby MCU-11-002 PAGE 2
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within the floodplain or floodway.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed Use -Community" on the Comprehensive Plan Future Land Use
Map. In Chapter 3 of the Comprehensive Plan, this designation is defined in part as an area that is
situated in highly visible or transitioning parts of the City where innovative and flexible design
opportunities are encouraged.
With the opening of the Ten Mile Interchange, the approved development is located on a highly
visible corridor and other high quality development has occurred in the area. The applicant wants to
contribute to the quality development in area and believes the proposed elevations demonstrate their
commitment to quality design. Staff believes the modification of the elevations enhances the
development along the visible corridor thus meeting the intent of the comprehensive plan.
VIII. UNIFIED DEVELOPMENT CODE
The unified development code (UDC) requires certificate of zoning compliance CZC) and
administrative design review (DES) approval. All of the approved and proposed fourplexes have
received CZC and DES approval. If the modification is approved, the applicant must modify the
approved CZC to incorporate the revised building elevations.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The request is for a modification to the planned development (CUP-04-040) approved for the
Sommersby project. Specifically, the planned development requires the fourplexes to be
constructed of a stucco finish (see Exhibit A.3). The applicant is proposing to construct the
fourplexes with a mix of wood siding (lap and board and batten) all facades and a stone veneer
wainscot on the front facade. In addition, the rear of the structure will have more modulation in
the roofline and storage units for the future residents. Staff is of the opinion that the proposed
elevations comply with the guidelines of the design manual far better than the previous elevations
and supports the modification as proposed. Other than the requested modification all other
conditions of approval remain in effect for the project.
A certificate of zoning compliance and administrative design review was issued for the twelve
(12) remaining vacant fourplex lots with several of the buildings currently under construction.
The CZC approved building elevations with a stucco finish. As part of the CZC approval, it was
noted that the applicant was seeking a modification to change the building materials approved
with the planned development. If the Commission votes favorably on the application, the
applicant must obtain Planning Department approval of the revised elevations.
A. Drawings
1. Vicinity Map
2. Approved Site Plan
3. Approved Elevations
4. Proposed Elevations
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
Sommersby MCU-11-002 PAGE 3
Sanitary Service Company
Ada County Highway District
Parks Department
C. Required Findings from Unified Development Code
Sommersby MCU-11-002 PAGE 4
Exhibit A.1: Vicinity Map
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Sonunersby MCU-1 1-002 PAGE 5
Exhibit A.2: Approved Site Plan
Sommersby MCU-1 1-002 PAGE 6
Exhibit A.3: Approved Elevations
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Soinmersby MCU-11-002 PAGE 7
Exhibit A.4: Proposed elevations
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Sommersby MCU-11-002 PAGE 8
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant shall comply with all previous conditions of approval for this site (PP-04-035, FP-
06-024; CUP-04-040; CZC-11-059; DES-11-035; DA #'s 105184653 and 1081011151).
1.2 The elevations attached in Exhibit A.4 are approved as proposed. The applicant shall revise the
approved CZC and incorporate the new building elevations prior to occupancy of the first
building.
2. PUBLIC WORKS DEPARTMENT
2.1 The applicant will need to comply with the previously approved conditions of approval for
AZ-08-003 for Regency at River Valley (Revised).
2.2 Public Works request's that no carports or entry features be directly located within the easement
or replacement work area for the future sewer trunk main conditioned to be incorporated within
this project.
3. FIRE DEPARTMENT
3.1 The proposed project has no Fire Department concerns.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the application.
5. SANITARY SERVICES
5.1 With the submittal of the revised building elevations, the applicant shall submit a scaled site plan and
detail of the trash enclosure to the Planning department with SSC (888-3999) stamped approval that
demonstrates compliance with the following items:
a. Suitable waste enclosure locations (enclosures should be located to minimize service vehicle
back-up requirement);
b. Sufficient overhead clearance height for service vehicles (a minimum 13' clearance is required,
including power and telecommunication lines; this requirement increases to 22' at container
service locations);
c. Ample number and size of waste receptacles/enclosures to meet waste generation points and
volumes;
d. Adequate waste enclosure access (the applicant shall provide drive-on capability for 6 and 8
cubic yard containers; allow a minimum of 60' frontal clearance);
e. Adequate turning radius (provide a minimum 28' inside and 48' outside for all entrances,
internal roads, drive aisles, alleys, and private streets where they intersect a public street);
f. Any roadway greater than 150 feet in length that is not provided with an outlet shall be
required to have an approved turn around.
g. Meets design standards for waste enclosure(s):
i. Concrete pad for the waste enclosure (required for all enclosures);
ii. Concrete apron in front of waste enclosure (minimum 8' in depth)
Sommersby MCU-11-002 PAGE 9
iii. Gate locks for the waste enclosure for both open and closed positions;
iv. Clearance inside waste enclosure gates (minimum 12' x 10' when in open position) Note:
If building tenant wishes to recycle, please contact Doug Mason, SSC at 888-3999 for
minimum dimensional requirements;
v. Bollards inside the enclosure to prevent the container from damaging the walls and gates;
vi. Waste enclosure user access (When possible, the enclosure should be designed with an
easy pedestrian access point other than the front gates to ensure less mess within the
enclosure as well as reduce gate damage);
6. ADA COUNTY HIGHWAY DISTRICT
ACHD had no comments on this application.
7. PARKS DEPARTMENT
7.1 The Parks Department has no concerns related to the application.
Sommersby MCU-11-002 PAGE 10
C. Required Findings from Unified Development Code
1. Conditional Use Permit (iTDC 11-SB-6E)
The Commission and Council shall review the particular facts and circumstances of
each proposed conditional use in terms of the following, and may approve a conditional
use permit if they shall find evidence presented at the hearing(s) is adequate to
establish:
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 the site will be large enough to accommodate the proposed
structures and meet the dimensional and development regulations of the R-15 district.
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 multi-family structures meet the objectives of the
Comprehensive Plan.
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 the proposed multi-family structures are compatible with
other uses in the general area and will not adversely change the 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 the proposed development should not adversely affect other
property in the vicinity if the applicant complies with all conditions of approval and
constructs all improvements and operates the use in accordance with the UDC standards.
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 and irrigation are readily
available to the subject property. Please refer to comments prepared by the Public Works
Department, Fire Department and other agencies.
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.
The Commission finds no additional capital facility costs are expected from the City. The
applicant and/or future property owners will be required to pay impact fees.
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.
Sommersby MCU-11-002 PAGE 11
The Commission finds that the proposed development will not involve uses that will
create nuisances that would be detrimental to the general welfare of the surrounding area.
The Commission recognizes the fact that traffic and noise will increase with the approval
of this development; however, the Commission does not believe that the amount
generated will be detrimental to the general welfare of the public.
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 the proposed development will not result in the destruction,
loss or damage of any natural feature(s) of major importance. Staff recommends that the
Commission reference any public testimony that may be presented to determine whether
or not the proposed development may destroy or damage a natural or scenic feature(s) of
major importance of which staff is unaware.
Sommersby MCU-11-002 PAGE 11