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HomeMy WebLinkAboutRock Creek Subdivision AZRECEIVED MAY 2 72004 ~, ,,,: ~~ eri~li~n Il ID.1H0 STAFF SUMMARY OF City Of Meridian City Clerk Office PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL Project Name: Case No(s).: Applicant: Rock Creek Subdivision RZ-04- PP-04-045, CUP-04-069 Leavitt & Associates P&Z Commission Hearing Date: Apri129, 2004 Recommendation: Approve with conditions (all ayes) Summary of Public Hearing: • The applicant's representative, Rod Ralphs, testified in favor of the application. He clarified the proposed private open space areas and other structural features. • The applicant's engineer, Nathan Cleaver, testified about the proposed setback reductions and how the patio/balconies are to be constructed, etc. • No members of the public testified on the applications. • Key issues of discussion and questioning by Commission included: • Secondary and emergency access points • Common azea open space and amenities • Private open space amount and configuration • Internal traffic flow and the existing traffic in the area Key Commission Additions/Modifications to Staff Recommendation: • None Outstanding Issues for City Council: • As required, a revised legal description that covers only the residential portion of the development was submitted on 5-24-04 (two days late). The Public Works Department is still reviewing the legal for closure. If the City Council closes the Rezone public hearing at the 6-1-04 hearing, the revised legal description, dated 5-21- 04 by Kenneth H. Cook, should bereferenced -not the legal submitted with the application. Staff believes there may still be some confusion about the minimum rear setback allowance on the perimeter lots. The Planned Development ordinance does not allow reductions to rear setbacks on the perimeter of a subdivision. The P&Z Commission recommendation as written requires the minimum 15-foot setback. However, during the hearing, the applicant testified they are still seeking a 12-foot rear setback. It should be clarified at the City Council hearing that the ~rooosed buildine desi envelope will function with the 15-foot rear setback because code does not allow this setback to be reduced -even as part of a PD application. Condition #1 under the Police Department's section required the applicant to meet with the Police Chief and/or Planning Staff to discuss features that increase visibility on the public open space areas. Staff is not aware if a meeting has been held or remains necessary with the Chief since the P&Z Commission required windows to be constructed that view the common lots. However, this should be addressed with the Chief and applicant at the Citv Council hearine. Condition #3 of the CUP/PD required the applicant to provide two items before the City Council hearing -neither of which has yet been submitted (at least to P&Z Department's knowledge): 1. a schematic showing how the common amenity lots will be constructed 2. floor plans of the fourplexes on Lots 8, 20 and 24 showing windows in either the living room or kitchen areas within the units The applicant should comply with these conditions and the City Council should discuss these items and ensure all public safety issues are adequately addressed. BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR REZONE OF 7.48 ACRES TO R-15 ZONE FOR ROCK CREEK SUBDIVISION Treasure Valley Development, Applicant Case No. RZ-04-002 RECOMMENDATION TO CITY COUNCIL The property is approximately 7.48 acres in size and is located on the south side of W. Pine Avenue, '/ mile east of Linder Road. The property is designated as High Density Residential on the Comprehensive Plan's Future Land Use Map. 2. The owner of record of the subject property is Fiscal Funding Company of San Francisco, CA. 3. Applicant is Treasure Valley Development, represented by Mr. John Sieckert of Boise, ID. 4. The subject property is currently zoned L-O and consists of vacant property. 5. The Applicant requests the property be zoned as R-15. 6. The subject property is bordered to the north by R-4, to the south by UPRR, to the east by a church (R-4), and to the west by L-O. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: a multi-family residential subdivision consisting of 92 units and two office lots 10. The Applicant requests zoning of the subject real property as R-15 which is consistent with the Meridian Comprehensive Plan Future Land Use Map which designates the subject property as High Density Residential. 11. The Nine Mile Creek is a significant feature that affects the consideration of this application. RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF RZ-04-002 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 Rezone as requested by the applicant for the property described in the application, subject to the following: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: REZONE SITE SPECIFIC CONDTfIONS 1. The legal description submitted with the application, prepared by Kenneth H. Cook, appears to meet the requirements of the City of Meridian and State Tax Commission. (Note: As of the City Council hearing, this legal is still being verified by the Public Works Department.) 2. The subject property is within the Urban Service Planning Area. Essential City services will be made available to the subject property. 3. Prior to City Council approval of the rezone ordinance, the Applicant shall submit a new legal description for staff approval which retains the existing L-O zone on Lots 2 and 3 and a portion of Lot 1, Block 1 (for the proposed commercial buildings and parking lot). (See condition #I above.) 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domesticpurposes such as landscape irrigation. RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF RZ-04-002 Page 2