HomeMy WebLinkAboutLeeshire Subdivision CUP
RECEI'VEIJ
SF? 0 1 2004
City Of MeridÜu,
City Clerk Office
STAFF SUMMARY
OF
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
Project Name:
Leeshire Subdivision
Case No(s).:
AZ-04-017, PP-04-024, CUP-04-026
Applicant:
SWI Associates, LLC
P&Z Commission Hearing Date: August 5, 2004
Recommendation:
Approve with conditions (Three Ayes, One Nay)
Summary of Public Hearing:
. The applicant team testified in favor of the application.
. Several letters and emails (approximately 20) opposed to the application were
received and entered into the public record,
. Testimony was received from several members of the public, especially from
Dunwoody, Vienna Woods, and Larkwood Subdivisions. The majority of objections
were related to three issues: (I) the density of the project, (2) the proposed
commercial use along Locust Grove Road, and (3) the potential for the southern stub
street to connect with Larkwood in the future.
. Key issues of discussion and questioning by the Commission mirrored the Special
Considerations in the staff report, including:
1. Setbacks
2. Existing Trees
3. Amenities
4. Fencing
5. Stub Street
6. Street Buffers
7. SSC meeting
Key Commission Changes to Staff Recommendation:
. Annexation and Zoning: The Commission did not approve the proposed C-N zone
and recommended that the use exception be annexed as L-O.
. Preliminary Plat and CUP: The Commission made a few corrections and
clarifications to the conditions of approval, defined the required amenities, and added
seven new conditions proposed by the applicant at the hearing.
Outstanding Issues for City Council:
. Idaho Power has issued a letter stating that the west side of Locust Grove Road is
intended for a future transmission line corridor and suggests that "it may be
appropriate to request the inclusion of this proposed corridor on the final plat maps to
ensure disclosure of the company's intention." The corridor is not defined in the
letter and it is unclear how it may affect the layout of the subdivision. Staff is
working to get more details from Idaho Power prior to the hearing with Council.
. The Police Chief issued the following comments on 8/30.
1. Fencing should be held to no higher than 4 foot maximum for those lots
within the development surrounding the proposed common area located in
Block 4, Lot 17. This will provide for better visibility of the common area by
the limited number of lots surrounding it-to include specifically Block 4,
Lots 18,30, and 31-or any other lot immediately adjacent that may result
from a revision to the submitted plan for Leeshire Subdivision.
2. I also concur with Planning and Zoning Staff regarding the condition for a
stub street to be located south of and contiguous with Midnight Haze Lane,
with the street to be continued (stubbed) and located through the proposed lot
#12 in Block 4 of the submitted preliminary plat proposal.
. The last of the 7 conditions of approval proposed by the applicant and added by the
P&Z Commission is confusing and should be clarified by the applicant (See condition
#13.g. on page 5 of the PP Recommendation). Staff feels that the issue is already
handled by condition #4 on page 2 of the CUP Recommendation. PP Condition 13.g
should either be deleted or clarified.
. One of the Special Considerations raised by staff WaS regarding the multi-use
pathway. Staff recommends that the proposed multi-use pathway not be required in
this location. The P&Z Commission's motion states that the required amenities
include "pathways, fixed benches, a basketball court,..."etc. The applicant is
proposing some internal paths separate from the City's multi-use pathway. However,
the motion does not clarify whether the multi-use pathway can be deleted, or if it is a
required amenity. Staff would like to clarify that internal circulation paths are a
required amenity, but that the City's multi-use pathway is not required in this
location.
BEFORE THE PLANNING AND ZONING COMMISSION
Case No. CUP-O4-026
IN THE MATTER OF THE )
REQUEST FOR A CONDITIONAL )
USE PERMIT FOR A MIXED USE)
PLANNED DEVELOPMENT OF )
SINGLE-FAMILY HOMES, OFFICE)
AND COMMERCIAL USES ON 29.69 )
ACRES IN A PROPOSED R-4, L-O, )
AND CoN ZONES FOR LEESHIRE
SUBDIVISION
RECOMMENDATION TO CITY
COUNCIL
SWI ASSOCIATES, LLC,
Applicant
1.
The property is approximately 29.69 acres in size and is generally located on the
west side of Locust Grove Road, approximately Y, mile north of McMillan Road,
Meridian.
2.
Grant and Joyce Lee are the current property owners and Mr. Lee has submitted
notarized consent for the subject application.
3.
Applicant is SWI Associates, 4700 N. Cloverdale Road, Suite 214, Boise, Idaho
83713.
4.
The subject property is currently zoned RUT (Ada County) and consists of a
residence, out-buildings, and pasture land.
5.
The Applicant requests the property be zoned as R-4, L-O, and CoN (Medium
Density Residential).
6.
The property which is the subject of this application is within the Area of Impact
of the City of Meridian.
7.
The entire parcel of the property is included within the Meridian Urban Service
Planning Area as defined in the Meridian Comprehensive Plan.
8.
The Applicant proposes to develop the subject property in the following manner:
A residential neighborhood planned development.
9.
The Meridian Comprehensive Plan Generalized Land Use Map designates the
subject property as Medium Density Residentia1/Mixed-Use Community.
11.
There are significant existing trees that affect the consideration of this application.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR
LEESHIRE SUBDIVISION BY SWI ASSOCIATES, LLC - CUP-O4-026 - Page 1
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City
Council of the City of Meridian that they approve the conditional use permit as requested
by the applicant for the property described in the application, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
modified by the P&Z Commission, as follows:
SITE SPECIFIC CONDITIONS (Conditional Use Permit)
1.
Applicant shall meet all of the requirements of the annexation and preliminary
plat as a condition of the Conditional Use Permit.
2.
The project shall conform to the modified dimensional standards, as follows:
a. Minimum lot frontage: 50
b. Minimum lot size: 5991 feet
c. Minimum interior side yard setback: 0 feet for residential structures on
Blocks 1, 2, 3, and Lots 3-16 of Block 4. Only one side lot line can be
made a zero lot line. Thus no more than two structures can be attached in
a row. The side lot line adjacent to the landscape buffers shall not be a
zero lot line.
3.
The amenities in the two separate open spaces shall include pathways and fixed
benches, a basketball court, tot lot, and picnic benches.
4.
Six foot tall fencing shall be permitted along the back of the common landscape
lots, as proposed. Such fencing shall taper to 3 feet tall, maximum, within 20 feet
of streets that they intersect.
5.
The applicant shall extend Midnight Haze Lane to the south and stub it to the
adjoining property. The applicant may relocate the lot that would be lost (Lot 12,
Block 4) on the west end of Lot 17, Block 4.
6.
The proposed street buffers along Locust Grove Road and Starry Night Street
shall be planted with the initial subdivision improvements and shall not wait for
development of the office/commercial lots.
7.
As a conceptual planned development, the future office and commercial lots shall
be submitted for detailed conditional use approval.
8.
The applicant shall submit 10 copies of a revised plat and landscape plan to the
Clerk's office at least 10 days prior to the next public hearing on this project.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR
LEESHIRE SUBDIVISION BY SWI ASSOCIATES, LLC - CUP-O4-026 - Page 2
FIRE DEPARTMENT CONDITIONS
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart. Intemational Fire Code Appendix D
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' 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 corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4. Provide a 20' wide Fire Lane for all internal & external roadways.
5. Operational fire hydrants and temporary or permanent street signs are
before combustible construction begins.
required
6. To increase emergency access to the site a minimum of two points of access will be
required for any portion of the project, which serves more than 50 homes. The
applicant shall provide a stub street to the property to the (westleastlnorthlsouth).
The two entrances shall be separated by no less than Y, the diagonal measurement of
the project.
7. Building setbacks shall be per the Building Code for one and two story
construction.
8. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed an average 0000' apart.
9. Maintain a separation of 5' from the building to the dumpster enclosure.
10. All portions of the buildings located on this project must be within 150' of a paved
surface.
11. Provide exterior egress lighting as required by the Intemational Building & Fire
Codes.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR
LEESHIRE SUBDIVISION BY SWI ASSOCIATES, LLC - CUP-O4-026 - Page 3
SANITARY SERVICES CONDITIONS
1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal prior to the public hearing. There is a concern that the mix of alley and
on-street service will be difficult and may require modifications that could impact
your site design and may require a revised site plan. If the site plan is revised,
contact the planner assigned to the project immediately to discuss the changes and
how to proceed with the revised site plan.
PARKS DEPARTMENT CONDITIONS
1. Pathway and Trail standards: If the proposed pathway is constructed, it shall meet
the standards as set forth in the August 2003 Comprehensive Parks and
Recreation System Plan, pgs. 3-2 and 3-3, sections B & C.
2. Standard for City to assume Maintenance of a section of Pathway: The pathway,
if built, must connect from one major arterial to another, and either an easement
or ownership deed must be granted before the city will assume the maintenance of
any section of pathway.
3. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed.
4. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
B.
Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1.
The applicant shall do one of the following:
a.
Dedicate by donation a total of 48-feet of right-of-way along
Ustick Road, and construct a minimum 5-foot wide concrete
sidewalk along Ustick Road, located a minimum of 41-feet from
the centerline ofthe right-of-way.
b.
Do not dedicate additional right-of-way, but construct a minimum
5-foot wide concrete sidewalk along Ustick Road, located a
minimum of 41-feet from the centerline of the right-of-way, in an
easement provided to the District.
c.
Do not dedicate additional right-of-way, but construct a minimum
5-foot wide concrete sidewalk along Ustick Road, located at the
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR
LEESHIRE SUBDIVISION BY SWI ASSOCIATES, LLC - CUP-O4-026 - Page 4
back edge of the existing right-of-way. Accomplish all necessary
adjustments to properly accommodate existing drainage and
utilities.
2.
Construct North Christian Avenue to intersect Ustick Road approximately
170- feet east of the west property, as proposed.
3.
Construct the internal roadways as 36-foot street sections with rolled curb,
gutter and attached 5-foot concrete sidewalks on both sides of the
roadway, as proposed.
4.
Extend West Fairbrough Drive from the east property line approximately
450-feet north of the south property line, as proposed.
5.
Construct a stub street (West Elisha Street) to the west property line
approximately 100-feet north of the south property line, as proposed.
Install a sign at the terminus of the roadway that states, "this road will be
extended in the future".
6.
Construct a stub street (West Rozy Street) to the west property line
approximately 190-feet south of Us tick Road, as proposed. Install a sign
at the terminus of the roadway that states, "this road will be extended in
the future".
7.
Construct two knuckles without a center island within the subdivision, as
proposed.
8.
Construct an island/median within North Jaydan Avenue and North
Christian Avenue. Construct the island a minimum of 4-feet wide to total
a minimum ofa 100-square foot and provide a minimum of a 21-foot
street section on either side of any proposed center island. The island shall
be owned and maintained by a homeowners association.
9.
Other than the access point that has specifically approved with this
application, direct lot access to Ustick Road is prohibited. Notes of this
access restriction shall be placed on the final plat.
10.
Comply with all Standard Conditions of Approval.
Standard Conditions of Ap,proval
1.
Any existing irrigation facilities shall be relocated outside ofthe right-of-
way.
2.
All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR
LEESHIRE SUBDIVISION BY SWI ASSOCIATES, LLC - CUP-O4-026 - Page 5
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 years old are 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 ACHD
Ordinances unless specifically waived herein. An engineer registered in
the State ofIdaho 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 permits), 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 is the responsibility of the applicant to verify all existing utilities within
the 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 are 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.
11.
Any change by the applicant in the planned use of the property which is
the subject of this application, shall require the applicant to comply with
all rules, regulations, ordinances, plans, or other regulatory and legal
restrictions in force at the time the applicant or its successors in interest
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR
LEESHIRE SUBDMSION BY SWI ASSOCIATES, LLC - CUP-O4-026 - Page 6
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.
RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR
LEESHIRE SUBDIVISION BY SWI ASSOCIATES, LLC - CUP-O4-026 - Page 7