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Troy Place CUP 04-003V I Y~~ {l~L~~„ ~~ . my ~~, STAFF SUMMARY OF PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL Project Name: Case No(s).: Applicant: Troy Place Subdivision PFP-04-001, CUP-04-003 PPN, LLC. P&Z Commission Hearing Date: March 18, 2004 Recommendation: Approve with conditions. Summary of Public Hearing: The applicant's representative, Shawn Nickel, testified in favor of the application. Two members of the public testified, expressing concems about the proposed development. Key issues of discussion and questioning by the Commission included: • Open space requirements (private and common) • Landscaping adjacent to the single-familyhome to the north • Two-story buildings backing up to the single-family home to the south • Road capacity concems on 2% Street • Irrigation water and drainage run-off Key Commission Additions/Modifications to Staff Recommendation: The Commission made no major modifications to the staff recommendation. Modifications were made to the CUP application requiring additional landscaping to the north; a landscape planter to break up the proposed 13 pazking stalls in a row; additional `ho parking" signage; and approval of the revised site plan (if it is approved by the Fire Department). Outstanding Issues for City Council: • None BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT APPROVAL FORA ) PLANNED DEVELOPMENT ) CONSISTING OF TWO FOUR- ) PLEXES AND ONE TRI-PLEX ON ) 0.73 ACRES IN A R-15 ZONE Case No. CUP-04-003 RECOMMENDATION TO CITY COUNCIL PPN,LLC, Applicant The property is approximately 0.73 acres in size and is located on the east side of East 2% Street, generally east of Main Street and approximately 1,300 feet south of Fairview Avenue, in Section 7, Township 3 North, Range 1 East. 2. Troy and Tawnee Palmer are the current property owners, and Troy Palmer has provided notarized consent for the subject application. 3. The Applicant is PPN, LLC. 4. The subject property is currently zoned R-15. The zoning of R-15 is defined within the City of Meridian Zoning and Development Ordinance Section 11-7-2. 5. The Applicant requests the Conditional Use Pennit for a Planned Development including two (2) four-plexes and one (1) tri-plex. The City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is incompliance with the Meridian Comprehensive Plan. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. 8. The Planning and Zoning Commission recognized the concerns of Bill Roe and Tom Stephens, expressed at the March 18, 2004, public hearing. RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A PLANNED DEVELOPMENT CONSISTING OF TWO FOUR-PLEXES AND ONE TRI-PLEX ON 0.73 ACRES IN A R-15 ZONE, BY PPN, LLC -CUP-04-003 -Page 1 RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Approve the revised site plan from Anderson David, dated Mazch 11, 2004, with additional requirements that a landscape island be constructed in the proposed pazking area, to break up the 13 proposed parking stalls; that the Fire Department approve the revised site plan; and that appropriate signage be installed for the no parking area adjacent to the accessible stall, as noted on the plan (see site specific condition #16 below). 2. Add a site specific condition requiring additional evergreens shrubbery on the north side of the property, adjacent to the existing single-family home (see site specific condition #17 below). B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning and Engineering Departments as follows: All conditions of the previously approved, CUP-03-038, and concurrent Preliminary/Final Plat (PFP-04-001) shall also be considered conditions of the subject Conditional Use Permit (CUP-04-003). 2. The minimum building setbacks for this development shall be as follows: 3-foot front, 9-foot reaz, and 6-foot side (the front orientation of the building on Lot 4, Block 1, shall be west; the front orientation of the buildings on Lots 2 and 3, Block 1, shall be north). Construction materials used on the structures shall be approved by City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 3. The minimum lot size for each buildable lot in the development shall be 4,000 square-feet. 4. There shall be no minimum frontage requirement for the lots within the development. RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A PLANNED DEVELOPMENT CONSISTING OF TWO FOUR-PLEXES AND ONE TRI-PLEX ON 0.73 ACRES IN A R-15 ZONE, BY PPN, LLC -CUP-04-003 -Page 2 5. Access to the development shall be provided from a 25-foot wide (minimum) common drive aisle off 2'/z Street. The cross section of the drive aisle shall be built to ACRD standards for weight bearing purposes. 6. Standard parking stalls shall be 9-feet wide by 19-feet long. Designated compact stalls maybe constructed to a width of T/z feet-wide (minimum) by 15-feet long. All parking and areas of circulation should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 7. The east leg of the common driveway is longer than 150-feet and requires a Fire .Department approved tumazound. The applicant shall either rotate the three eastern most parking stalls to face east, not south, OR construct a Fire Department approved tumazound at the east end of the development. All curbing adjacent to a turnaround azeas shall be painted red and signed "No Pazking Fire Lane". 8. As amenities for the planned development, construct a basketball court and a bazbeque area. All lots within the development shall be provided with access to said amenities. Access shall either be provided with a note on the final plat, AND/OR within the CCR's. 9. Provide common open space that equals or exceeds ten percent of the gross land azea for the development (excluding the landscape buffer on 2%: Street). Provide landscaping within the common open space in accordance with MCC 12-13-16-5. Present, at the public hearing, calculations and/or drawings that explain how the required common open space requirement will be met for the multi-family development. 10. Provide each dwelling unit with at least one hundred square feet of useable private open space, such as a patio or deck. Present, at the public hearing, calculations and/or drawings that explain how the required usable private open space requirement will be met for the multi-family development. 11. Submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. 12. Coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall submit an approved plan by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A PLANNED DEVELOPMENT CONSISTING OF TWO FOUR-PLEXES AND ONE TRI-PLEX ON 0.73 ACRES IN A R-15 ZONE, BY PPN, LLC -CUP-04-003 -Page 3 13. All internal sidewallcs shall be constructed as submitted and in accordance with MCC 12-5-2.K. 14. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. 15. Existing landscaping shall be protected and retained. A detailed landscape plan will be required when applying for a Certificate of Zoning Compliance. The landscape plan shall include mitigation measures for any trees that are removed. All trees installed within this development shall be a minimum of three-inch (2") caliper in size. 16. The revised site plan from Anderson David, dated. March 11, 2004, is approved with additional requirements that a landscape island be constructed in the proposed parking area, to breakup the 13 proposed parking stalls; that the Fire Department apgrove the revised site plan; and that appropriate signage be installed for the no parking area adjacent to the accessible stall, as noted on the plan. 17. Install additional evergreen shrubs on the north side of the property, adjacent to the existing single-family home. Coordinate the design of the landscaping adjacent to the existing single-family home with Meridian Planning and Zoning staff. GENERAL REQUIREMENTS 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the pazking area, so that the light does not spill over onto adjacent properties or rights-of--way. All pazking lot lighting shall be in accordance with Ordinance 11-14-4.C. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Z oning and D evelopment Ordinance. A 11 signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon three (3) days notice to the applicant. 3. All building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A PLANNED DEVELOPMENT CONSISTING OF TWO FOUR-PLEXES AND ONE TRI-PLEX ON 0.73 ACRES IN A R-15 ZONE, BY PPN, LLC -CUP-04-003 -Page 4 standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. Trash: The trash enclosure(s) shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-1C. 6. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 7. A building permit shall be obtained prior to the start of construction. 8. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy maybe obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 9. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit must be obtained prior to the start of development. 10. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. C. Adopt the Recommendations of ACRD as follows: Site Specific Conditions of Approval 1. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on 2 %Z Street abutting the parcel. hprovements shall be constructed to one-half of a 36- foot street section. 2. Utilize the existing access into the site located 5-feet south of the northern property line and pave the driveway its full width of 25-feet as proposed and at least 30-feet into the site beyond the edge of pavement of 2 %z Street. This location meets District policy and is approved with this application. 3. Comply with all Standard Conditions of Approval. RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A PLANNED DEVELOPMENT CONSISTING OF TWO FOUR-PLEXES AND ONE TRI-PLEX ON 0.73 ACRES IN A R-15 ZONE, BY PPN, LLC - CUP-04-003 -Page 5 Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five yeazs old aze not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans: 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required pemuts), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It i s t he r esponsibility o f t he a pplicant t o v erify a 11 a xisting a tilities w ithin t he right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they aze in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A PLANNED DEVELOPMENT CONSISTING OF TWO FOUR-PLEXES AND ONE TRI-PLEX ON 0.73 ACRES IN A R-15 ZONE, BY PPN, LLC - CUP-04-003 -Page 6 11. Any change by the applicant in the planned use of the property which is the subject o f this application, s hall r equire t he applicant t o c omply w ith all r ules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 1. Afire hydrant will be required to serve this development. Final Approval of the fire hydrant location shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. All curbing adjacent to the turnaround and entrance areas shall be painted red and signed "No Pazking Fire Lane". E. Adopt the Reconnnendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfaze, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. RECOMMENDATION TO CITY COUNCII, FOR CONDITIONAL USE PERMIT APPROVAL FOR A PLANNED DEVELOPMENT CONSISTING OF TWO FOUR-PLEXES AND ONE TRI-PLEX ON 0.73 ACRES IN A R-15 ZONE, BY PPN, LLC -CUP-04-003 -Page 7 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Meridian Parks Department as follows: 1. Standards for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. G. Adopt the Recommendations of the Sanitary Services Company (SSC) as follows: 1. Waste enclosure access: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has drive-on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 feet frontal clearance for such containers. 2. Waste enclosure pad: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a concrete pad inside of all enclosures. 3. Waste enclosure gate locks: Prior to issuance of a certificate of zoning compliance, t he applicant s hall p rovide a s ite p lan that h as gate 1 ocks for b oth open and closed positions. 4. Waste enclosure dimensions: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum 10 feet clearance inside of the enclosure gates with the gates in the open position. 5. Waste enclosure bumpers or stops: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has bumpers or stops inside of the enclosure to prevent the container firom damaging enclosure walls and gates. 6. Waste enclosure user access: When possible, design the enclosure with an easy pedestrian access point other than the front gates. This will ensure less mess in the enclosure as well as reduce gate damage. H. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a land use change application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. RECOMMENDATION TO CITY COUNCII. FOR CONDITIONAL USE PERMIT APPROVAL FOR A PLANNED DEVELOPMENT CONSISTING OF TWO FOUR-PLEXES AND ONE TRI-PLEX ON 0.73 ACRES IN A R-15 ZONE, BY PPN, LLC -CUP-04-003 -Page 8 3. The Developer must comply with Idaho Code 31-3805. 4. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. I. Adopt the Recommendations of the Meridian Police Department as follows: 1. All pazking spaces shall be assigned to a specific dwelling unit or for guest use. The pazking space identification shall use a different numbering system than the dwelling units. 2. The north fagade shall be designed to include windows that look onto the parking areas and/or other public areas. 3. Submit a revised landscape plan that demonstrates the following: the proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. In addition, any interior fencing shall allow visibility from the street or shall not exceed three feet in height if solid fencing is used. Adopt the Recommendations/Comments of Joint School District No. 2 as follows: 1. The Meridian School District has experienced phenomenal student growkh the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Troy Place Subdivision will have a significant impact on school enrollments at Meridian Elementary, Meridian Middle, and Meridian High School. 3. We can predict that these homes, when completed, will house two (2) elementary aged children, one (1) middle school aged child, and one (1) senior high aged student. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A PLANNED DEVELOPMENT CONSISTING OF TWO FOUR-PLEXES AND ONE TRI-PLEX ON 0.73 ACRES IN A R-15 ZONE, BY PPN, LLC -CUP-04-003 -Page 9