HomeMy WebLinkAboutSecret Garden Subdivision CUP
-
! 'A~1iI P :fifJlJ4
8~~~*
STAFF SUMMARY
OF
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
Project Name:
Secret Garden
Case No(s).:
AZ-04-015, PP-04-020, CUP-04-022
Applicant:
Pinnacle Engineers, Inc.
P&Z Commission Hearing Date:
July IS, 2004
Recommendation:
Approve with conditions (all ayes)
Summary of Public Hearings:
. Dave McKinnon, representing the applicant and developer, testified in favor of the
application. He provided an overview of the site and application.
. Other key points of discussion during the hearing included:
SSC's concern about trash pick-up on the site
Building material compatibility between the existing brick structure and the new
townhomes
The width and configuration ofthe private street and internal sidewalk
Key Commission Changes to Staff Recommendation:
. None
Outstanding Issues for City Council:
. Preliminary Plat Date: Should the City Council approve the preliminary plat as
recommended by the P&Z Commission, the correct date of the revised plat is 7-23-04.
However, as noted below, there are two changes that still need to be made. Staff
recommends the City Council require the Applicant to submit three (3) copies of a
second revised preliminary plat that reflects the two changes below.
.
Changes to Revised Preliminary Plat:
a. Fire: The revised plat noted above does not comply with condition #1 of the Meridian
Fire Department to add a new fire hydrant and upsize the water line to 8 inches. It
should be clarified that this will remain a condition of the project even though it is not
reflected on the revised plat.
b. Private Street: The revised plat noted above also does not comply with the latter part
of site specific condition #2 of the preliminary plat to show a street profile of the new
private street on the face of the plat. This needs to be reflected on the revised plat.
.
Rezone Notice: As explained in the "Summary" of the staff report, the applicant
mistakenly submitted an Annexation application even though the property was annexed
in 1989. Only a Rezone is necessary (for the office lot only). A revised application noting
this correction was submitted to the City Clerk after the P&Z Commission hearing.
However, the public hearing was still noticed as an Annexation not a Rezone. At the P&Z
Commission hearing, it was discussed to notice the application as a Rezone for City
Council rather than an Annexation. However, since this was not included in the
Commission's motion, staff forgot to make this change for the re-notice. Since the issue
was discussed during a public hearing and the office use was always a part of the
CUPIPD application, the Commission and staff believe that the hearing can proceed
without being re-noticed as a Rezone application.
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT APPROVAL FOR A
SINGLE FAMILY RESIDENTIAL
AND OFFICE USES IN A
PROPOSED R-8 ZONE FOR
SECRET GARDEN SUBDIVISION
Case No. CUP-O4-022
RECOMMENDATION TO CITY
COUNCIL
PINNACLE ENGINEERS, INC.,
Applicant
1.
The property is approximately 1.11 acres in size and is located at the half mile
between Fairview Avenue and Ustick Road on the east side of Locust Grove
Road, within Section 5, Township 3 North, Range I East.
2.
Oliver Cleaver and Debbie A. Cleaver are the current property owners and Oliver
Cleaver has provided notarized consent for the subject application.
3.
The Applicant is Pinnacle Engineers, Inc.
4.
The subject property is currently zoned R-8 and contains an existing residence
and outbuildings.
5.
The Applicant requests the property be zoned L-O (0.21 acres) and R-8 (0.89
acres), which is existing.
6.
The property which is the subject of this application is within the Area oflmpact
ofthe City of Meridian.
7.
The Applicant requests the Conditional Use Permit for a Planned Development
consisting of one office building and six (6) single-family townhomes. The
Planned Residential Development designation within 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).
8.
The Meridian Planning and Zoning Commission recognizes that the proposed
application is in compliance 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.
RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A
PLANNED DEVELOPMENT FOR SINGLE-F AMIL Y RESIDENTIAL AND OFFICE USES IN A
PROPOSED R-8 ZONE FOR SECRET GARDEN, BY PINNACLE ENGINEERS, INC - CUP-O4-022 -
Page I
9.
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.
Lot Size-
Adopt the Conditions and Recommendations ofthe Meridian Planning & Zoning
and Public Works Departments, as follows:
1.
Applicant shall meet all of the requirements of the preliminary plat as a
condition of the Conditional Use Permit.
2.
The application is approved for the following deviations from the Zoning
and Subdivision Ordihance:
Citv R-8 Requirement
4,000 sq.ft (attached).
Reduced Lot Sizes
3,946 sq. ft. (attached)
Lot Frontage- Citv R-8 Requirement
40'minimum
Reduced Frontage
31 ' minimum
Private Streets- Citv Width Requirement
24' minimum width;
sidewalks on both sides
B.
Reduced Private Street Standards
20' minimum width (in
hammerhead);
sidewalks on one side (no s/w in
hammerhead)
3.
All development shall comply with the Americans with Disabilities Act
and the Fair Housing Act.
4.
No building permits for new construction shall be issued within the
development until a Final Plat has been recorded for the subdivision.
Adopt the Recommendations of the Meridian Parks Department as follows:
1.
Standard for Mitigation of trees: The standard established in the City of
Meridian Landscape Ordinance will be followed.
RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A
PLANNED DEVELOPMENT FOR SINGLE-FAMILY RESIDENTIAL AND OFFICE USES IN A
PROPOSED R-8 ZONE FOR SECRET GARDEN, BY PINNACLE ENGINEERS, INC - CUP-O4-022 -
Page 2
2.
Standard Plan for Protection of Existing Trees during Construction: The
standard established in the City of Meridian Landscape Ordinance will be
followed.
C.
Adopt the Recommendations of Nampa Meridian Irrigation District as follows:
1. If any surface drainage leaves the site, Applicant shall apply for a land use
change application prior to final platting.
2. All laterals and waste ways must be protected.
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.
RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A
PLANNED DEVELOPMENT FOR SINGLE-F AMIL Y RESIDENTIAL AND OFFICE USES IN A
PROPOSED R-8 ZONE FOR SECRET GARDEN, BY PINNACLE ENGINEERS, INC - CUP-O4-022 -
Page 3