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HomeMy Public PortalAbout2006.04.13CUP-06-01 recorded FindingsInstrument # 378466 VALLEY COUNTY, CASCADE, DAHO 11,211-2913 e11:02:14 No. of Peps: i Recorded for : CITY OF ARCHE N. BANBURY Ex-Officio Recorder Index to: MISCELLANEOUS MCCALL CITY COUNCIL FINDINGS AND CONCLUSIONS REGARDING AN APPLICATION FOR CONDITIONAL USE PERMIT CUP-06-1 Lick Creek Meadows Duplex, Lot 5 The Council finds that: 1. An application for approval of a conditional use permit in the A -Low Density Residential zone per MCC 3-8-030 was submitted on February 8, 2006 by Scott Findlay for Lick Creek Meadows, LLC. 2. The application for a conditional use permit would allow a duplex on Lot 5, Block 1, of Lick Creek Meadows Phase I. 3. Lots 5, 6, 8-14 and 17 were proposed to be duplex lots within Lick Creek Subdivision at preliminary plat. The proposed duplex lots are approximately one-half acre in area to maintain the same density throughout the subdivision. 4. Companion applications (CUP-06-2 through CUP-06-9) request conditional use permits for other duplexes in Lick Creek Meadows, Phase I. 5. Lot 5 and Lot 6 have a shared driveway easement recorded on the final plat of Lick Creek Meadows, Phase I. 6. The McCall Planning & Zoning Commission held a properly posted and noticed public hearing on March 7, 2006. A transcribable record was made of the public hearing. 7. The Commission reviewed a staff report dated February 28, 2006. 8. The applicant did not make a presentation to the Commission. 9. The Commission took public testimony both for and against the application. The testimony was made part of the record. 10. A petition with 30 signatures opposing the conditional use permit applications was submitted during the public hearing. 11. Images of the proposed duplex designs and floor plans were submitted during the public hearing by a real estate agent working for a potential buyer of one or more of the duplex lots. 12. MCC 3-31-030 states that a conditional use permit shall be granted only if the Planning Commission finds that the use, as applied for, in fact will: 1. Constitute a conditional use authorized in the zoning district involved. 2. Be harmonious with and in accord with the general objectives, and with any specific objectives of the Comprehensive Plan and/or Title 3. Per 3- 27-020, the applicant shall provide natural trees, shrubs, and grasses, or provide and maintain landscaping on all areas not actually utilized for required off-street parking, minimal roads, and buildings. McCall City Council Findings and Conclusions CUP-06-1 April 13, 2006 Page 1 3. Be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or likely character of the neighborhood, and that such use will not change the essential character of the surrounding area. 4. Not be detrimental to the health, safety and general welfare of persons residing or working in the neighborhood of such proposed use. 5. Not cause any substantially harmful environmental consequences to any land or waters within the planning jurisdiction. 6. Not create excessive additional public cost for public facilities and services, and will not be detrimental to the economic welfare of the community. 7. Be served adequately by essential public facilities and services including highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. The applicant may be required, as a condition of approval, to mitigate any deficient public service. 8. Not involve uses, activities, processes, materials, equipment or conditions of operation that will cause unreasonable production of traffic, noise, smoke, fumes, glare, odors or other forms of pollution. 9. Have vehicular approaches to the property so designed as not to create a detrimental interference with traffic on surrounding public thoroughfares. 10. Not result in the destruction, loss or damage of an important natural, scenic or historic feature. 11. Be on a site of sufficient size to accommodate the proposed use, including the yards, open spaces, snow storage, walls, fences, parking areas, loading zones and design standards applicable. 13. Staff recommended approval of CUP-06-1 to the Planning and Zoning Commission with the following conditions: a.)The duplex shall provide either an oversized garage or attached storage shed for each unit for the storage of household goods, personal items and other items such as but not limited to bicycles, shovels, garbage cans, etc. b.)The duplex shall be subject to design review. c.) The maximum dwelling unit occupancy shall be a family plus two persons unrelated to the family; or no more than three unrelated persons. 14. The Commission concluded that the proposed conditional use complies with MCC 3- 31-030 in that: 1. The proposed use is authorized in the zoning district involved. 2. The proposed use is harmonious with and in accord with the general objectives of the Comprehensive Plan and Title 3. The CCRs require approved landscaping with native plants or compatible vegetation by the Architectural Control Committee. 3. The proposed use is not detrimental to the health, safety and general welfare of persons residing or working in the neighborhood of such proposed use. 4. The proposed use will not cause any substantially harmful environmental consequences to any land or waters within the planning jurisdiction. McCall City Council Findings and Conclusions CUP-06-1 April 13, 2006 Page 2 5. The proposed use will not create excessive additional public cost for public facilities and services, and will not be detrimental to the economic welfare of the community. 6. The proposed use with conditions will be served adequately by essential public facilities and services including highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 7. The proposed use does not involve uses, activities, processes, materials, equipment or conditions of operation that will cause unreasonable production of traffic, noise, smoke, fumes, glare, odors or other forms of pollution. 8. The proposed use will have vehicular approaches to the property so designed as not to create a detrimental interference with traffic on surrounding public thoroughfares. 9. The proposed use will not result in the destruction, loss or damage of an important natural, scenic or historic feature. 10. The proposed use will be on a site of sufficient size to accommodate the proposed use, including the yards, open spaces, snow storage, walls, fences, parking areas, loading zones and design standards applicable. 15. The Commission concluded the proposed conditional use does not comply with MCC 3-31-030 in that: 1. The duplex has not or will not be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or likely character of the neighborhood, and that the proposed use would change the essential character of the surrounding area. 16. The Commission recommended that a second hearing was unnecessary. 17. The applicant appealed the Commission recommendation in a letter dated March 10, 2006. 19. Three letters of support for the conditional use permit, dated March 10, March 30, and April 3, 2006, were received by the Community Development Department. 20. The Lick Creek Meadows subdivision has been approved by the City and any consideration of a conditional use should be in the context of the approved subdivision, not the preexisting condition of the land area occupied by the subdivision. 21. Approval of the subdivision did not presume future approval of duplexes on the lots in question. 22. The applicant submitted new evidence to the Council that the duplex would be designed, operated and maintained to be harmonious and appropriate in appearance with the likely character of the approved subdivision, and that the proposed use would not change the essential character of the surrounding area. 23. The City of McCall Wastewater Policy (Resolution 06-08) provides a mechanism whereby adequate wastewater capacity can be provided to support the duplex units McCall City Council Findings and Conclusions CUP-06-1 April 13, 2006 Page 3 while protecting the public health, safety and welfare. Building permits for the duplexes will be issued in conformance with the Wastewater Policy. The Council concludes that: 1. The proposed conditional use meets the requirements of MCC 3-31-030(A). 2. The application for CUP-06-1, Lick Creek Meadows Duplex, is hereby approved with the following conditions: 1. The duplex shall provide either an oversized garage or standard garage with attached storage shed for each unit for the storage of household goods, personal items and other items such as but not limited to bicycles, shovels, garbage cans, etc. 2. The duplex shall be subject to design review prior to application for a building permit. 3. The maximum dwelling unit occupancy shall be a family plus two persons unrelated to the family; or no more than three unrelated persons. Dated: April 13 2006 William A. Robertson Mayor Attest: J ndeYork City Clerk McCall City Council Findings and Conclusions CUP-06-1 April 13, 2006 Page 4 ACKNOWLEDGMENT CERTIFICATE STATE OF IDAHO ) ) ss. County of Valley ) On this iI day of personally appeared William A. Robertson and Joanne York known to me to be the Mayor and the City Clerk of the City of McCall, that executed the said instrument, and acknowledged before me. aom gU E (SEA , 2006, before mo-Oe-Z>iQSizt Notary PublicIdo My Commission Expires on 4z/' g V/ 7