HomeMy WebLinkAboutRock Creek CUPRECEIVED
MAY 2 7 2004
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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 Comnussion 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 area 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, asevised 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 be referenced -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 nronosed building
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 hearing.
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 ) Case No. CUP-04-006
REQUEST FOR CONDITIONAL )
USE PERMIT APPROVAL FORA ) RECOMMENDATION TO CITY
PLANNED DEVELOPMENT ) COUNCIL
CONSISTING OF A MIX OF )
RESH)ENTIAL AND )
COMMERCIAL USES WITH
REDUCTIONS TO BUILDING
SETBACK REQUIREMENTS ON
7.48 ACRES IN A PROPOSED R-15
ZONE FOR ROCK CREEK
SUBDIVISION
TREASURE VALLEY
DEVELOPMENT,
Applicant
The property is approximately 7.48 acres in size and is located on the south side
of W. Pine Avenue, approximately 1,200 feet east of Linder Road, in Section 12,
Township 3 North, Range 1 West.
2. Fiscal Funding Company is the current property owner, who has provided
notarized consent for the subject application.
The Applicant is Treasure Valley Development, represented by John Sieckert.
4. The subject property is currently zoned L-O with a rezone application pending for
R-15. The zoning of L-O and R-15 are defined within the City of Meridian
Zoning and Development Ordinance Section 11-7-2.
The applicant requests the Conditional Use Permit for a Planned Development for
multi-family residences with reduced building setbacks. The Planned Residential
Development designation within the City of Meridian Zoning and Development
Ordinance requires a Conditional Use Pennit 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 in compliance with the Meridian Comprehensive Plan.
RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A
PLANNED DEVELOPMENT ON 7.48 ACRES IN A PROPOSED R-15 ZONE, BY TREASURE
VALLEY DEVELOPMENT -CUP-04-006 -Page 1
7. The use proposed which is the subject of this will, in fact, constitute a conditional
use as determined by City policy.
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 Comments and Recommendafions of the Meridian Planning & Zoning and
Engineering Departments as follows:
1. All conditions of the previously approved development agreement, Tramore
Subdivision (PFP-Ol-006), and concurrent Preliminary Plat (PP-03-045) shall also
be considered conditions of the Conditional Use Permit (CUP-03-069).
2. The four-plex structures shall conform to the following standards:
• Minimum 12-foot reaz setback for interior lots; minimum 15-foot rear
setback for perimeter lots;
• Minimum 5-foot side setback (measured to property line);
• Minimum 12-foot front setback. (measured from back of sidewalk);
• Construction materials used on the structures with modified
setbacks/separation must be approved by City of Meridian Building
Department and in accordance with the most recent Uniform Building
Code.
3. As Planned Development amenities, construct a playground complete with
equipment and benches on the south side of the Nine Mile Drain and a picnic area
and BBQ pit with benches north of the Nine Mile Drain. Also construct a 5-foot
pathway on the north side of the Nine Mile Drain, extending the full width of the
property. At least 10 days prior to the City Council hearing, the Applicant shall
submit 10 copies of a schematic showing how the common/amenity lots will be
constructed. Also 10 days prior to the City Council hearing, submit side
elevations and floor plans of the fourplexes on Lots 8, 20 and 24 showing
windows on the side elevations which face the playground area. Said windows
should be located in either a living room or kitchen within the units.
RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A
PLANNED DEVELOPMENT ON 7.48 ACRES IN A PROPOSED R-15 ZONE, BY TREASURE
VALLEY DEVELOPMENT -CUP-04-006 -Page 2
4. 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 P&Z Commission
public hearing, calculations and/or drawings that explain how the required usable
private open space requirement will be met for the multi-family development.
5. Provide parking for each four-plex structure within each individual lot. All
parking and areas of circulation should be paved, striped, and meet the minimum
dimensional requirements of Meridian City Code.
6. Unless the Site Plan is modified to expand the number of parking spaces, the
commercial buildings on Lots 2 and 3, Block 1 will be restricted to office type
uses only.
7. Provide a minimum 5-foot wide landscape buffer along the southern boundary of
the development. Said landscape buffer may be included within the existing
irrigation easement if a license agreement for landscaping is obtained from the
Nampa Meridian Irrigafion District (NMID). If the Applicant is unable to obtain a
license agreement from NMID, provide a minimum 5-foot wide landscape buffer
outside of the NMID easement.
8. The Applicant shall 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 a revised site plan,
stamped approved by SSC, for the proposed trash enclosure location and design.
All dumpster(s) must be screened in accordance with MCC 11-12-1.C.
9. All internal sidewalks shall be constructed as submitted and in accordance with
MCC 12-5-2.K.
10. 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).
11. Prior to obtaining certificate(s) of occupancy, all development improvements,
including perimeter fencing, irrigafion, 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.
B. Adopt the recommendations of the Sanitary Services Company (SSC) as follows:
1. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure
without a vehicle parked in front of it.
RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A
PLANNED DEVELOPMENT ON 7.48 ACRES IN A PROPOSED R-15 ZONE, BY TREASURE
VALLEY DEVELOPMENT -CUP-04-006 -Page 3
2. Design the enclosures per the standard recommendations of SSC for access, gates,
floor/pad, container stops bumpers, and dimensions. Coordinate the design with
SSC. Approval of the trash enclosure design will be required prior to submittal of
a Conditional Use Permit and issuance of a Certificate of Zoning Compliance.
RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A
PLANNED DEVELOPMENT ON 7.48 ACRES IN A PROPOSED R-15 ZONE, BY TREASURE
VALLEY DEVELOPMENT -CUP-04-006 -Page 4