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HomeMy WebLinkAboutSommersby Subdivision CUP CUP 04-040 MERIDIAN PLANNING & ZONING MEETING November 18, 2004 APPLICANT Confluence Management. LLC ITEM NO. 7 REQUEST Continued Public Hearing from November 4 2004: Conditional Use Permit (PO) for reductions to the minimum requirements for lot sizes. street frontage. setbacks and increased lot coverage in L-O & R-15 zones for Sommersby Subdivision - NEC of West Pine Avenue & North Ten Mile Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Previous Item Packet / MInutes CITY PLANNING DIRECTOR: CITY ATTORNEY ~m/URAP1. ,'.- /J ClfPt V l/CLf Inf- / DZ- ') -() CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' iRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: ~ ~ l~ Emailed: Date: ~ Staff Initials: Phone: Gf3çg -ðcr86 Material. pretented at pubHc meeffnSll .hall become property oIlhe City 01 Meridian. Meridian praMlng & Zoning November 4, 2004 Page 28 of 64 November 4th, 2004, and including a list of items to be included in the CC&Rs for Milliron Subdivision by the developer Kevin Amar. End of motion. Moe: No. You have got to -- the revised preliminary plat. Rohm: Oh. Excuse me. And including the revised preliminary plat, dated November 2nd, 2004, and delivered to the city. Zaremba: Second. Borup: Motion and second. Any discussion? All in favor? Any opposed? MOTION CARRIED: ALL AYES. Borup: Okay. Thank you. Rohm: Mr. Chairman, I'd like to have a short recess. Borup: Okay. J might explain - I think most of you understood that this will, again, be another Public Hearing in front of City Council, (Recess.) Item 7: Public Hearing: PP 04-035 Request for Preliminary Plat approval for 62 building lots (8 office, 33 multi-family, 9 single-family attached, 12 -garage lots) and 6 common lots on 12.731 acres in L-a and R-15 zones for Sommersby Subdivision by Confluence Management, LLC - NEC of West Pine Avenue and North Ten Mile Road: Item 8: Public Hearing: CUP 04-040 Request for a Conditional Use Permit (Planned Development) for reductions to the minimum requirements for lot size, street frontage, setbacks and increased lot coverage in L-a and R-15 zones for Sommersby Subdivision by Confluence Management, LLC - NEC of West Pine Avenue and North Ten Mile Road: Borup: Okay. We'd like to reconvene our Planning and Zoning meeting. Before we do, I would like to mention - and I apologize for not mentioning earlier. Item No.7 for Sommersby Subdivision, the applicant has asked - they would like to spend some time revising their site plan and they are requesting this be continued to a later date. They are asking for November 18th. We didn't decide if that works for our schedule. And do you have the -- I did not - yes. For Sommersby Subdivision is what we are discussing. Maybe input from the staff. I don't - I don't remember that we have a lot of items on that meeting. So, are we assuming the agenda is open to the extent for that? Hawkins-Clark: Chairman Borup, we were talking. I guess we don't have the agenda for the 18th here right now. Meridian Planning & Zoning November 4, 2004 Page 29 or 84 Borup: Right. I'm just remembering -- Hawkins-Clark: But I think - you know, it's a - I think a fairly standard agenda for the Commission, so- Borup: Commissioner Zaremba usually knows how many there are. Zaremba: The thickness of my stack for the 18th is about the same as the thickness of my stack for the 2nd, so those two meetings would be equivalent as far as I'm concerned. Borup: Yeah. But I don't remember being -- that meeting. And the only reason I'm taking the time now is just so those that would like to leave - unless we find out something different, it Probably will be continued to the 18th. Unless we want to move that up on the agenda and handle that right now. Rohm: Let's do that. Borup: Okay. Zaremba: Since we are talking about it. Mr. Chairman? Borup: Yes. Items No.7 and 8. Zaremba: Since we have not opened the Public Hearing, would we just table it or should we open it and continue it? Borup: We probably ought to continue it. Open it and continue it is what we have normally done. Zaremba: Okay. Borup: So, I'd like to open Public Hearing CUP 04-040 and Public Hearing CUP 04-041. Oops. I did that wrong. Zaremba: Back up one, sir. Borup: And PP 04-035. Okay. Public Hearing open. Zaremba: Mr. Chairman? Borup: Commissioner Zaremba. Zaremba: I move that we continue the public hearings for PP 04-035 and CUP 04-040, to our regularly scheduled meeting of November 18th, 2004. Mertdlan PIGMlng & Zoning November 4. 2004 Page 30 of 64 Moe: Second. Borup; Okay. Did we - I haven't asked for a vote. We have two regular subdivisions on the agenda and, then, other miscellaneous - Moe: It has been seconded, sir. Borup: Okay. Discussion. This was the discussion phase. Moe: Okay. Room: I think we will just make it fit. Borup: Okay. All in favor? Zaremba: Well, before we do that, let me just ask staff if they have been in contact with the applicant, is that enough time for the applicant to make the revisions and the revisions to get around to all the departments that need to see them? Hawkins-Clark: We have had conversations. As you know, we asked for about ten changes to their plan and they told us that they thought they could get the revised plan into us, you know, in a few days. That would give us, you know, about ten days. So, I think we are comfortable with that. Zaremba: Okay. Then, I'm comfortable with my motion. Which was seconded. Borup: Okay. Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Borup: Okay. Thank you. Canning: Chairman Borup? Borup: Yes. Canning; Before you start the next hearing, I wanted to introduce someone to you. The blond haired gentleman behind me is Josh Wilson and he's our new planner, our new associate city planner, and we's hot seating it with Craig right now until Mike Valentine gets me an office space. Zaremba: Welcome. Newton-Huckabay: Hello, Josh, , E: '!J.!!!!!!l '!.! ~OLUTIONSLLP November 16, 2004 P'~. .A':.'.......i,.,..~.'..:'.'....'..",.,..'.'.1' ( V ,IV I ',Jill' I \ l:üì I 1/~/g -(J t-f L;J~f: i ~... ;¡k lJJF.'.!.' )--~ 0,. 150 East Aikens Street, Suite B Eagle, ill 83616 Phone: (208) 938-0980 Fax: (208) 938-0941 E-mail: es-beckym@qwest.net RECEIVED NOV 16 2004 Planning and Zoning Commission City of Meridian 33 East Idaho Avenue Meridian, ill 83642 City Of Meridian City Clerk Office Re: Sommers by Subdivision/Planned Development Files Nos. PP-04-035 and CUP-04-040 Dear Commissioners: We have reviewed the recommendations for the Planning & Zoning Commission meeting of November 4, 2004, and have the following responses: APPLICATIONS SUMMARY The second paragraph on page 2 lists (4) eight-plex buildings, when in fact there are five. For clarification, the eight-plex units will be actually developed as attached four-plex units, as there are four units per lot. D. PRELIMINARY PLAT ANALYSIS E. Impact fees of the Ada County Highway District are assessed against the project; those fees are used to pay the proportionate share of the impact of this project. Plans are 95% complete for the project, including the intersection, with construction to be completed in 2007. ACHD has not requested additional impact fees for the project. Piping of the Ten Mile Stub Drain is included in ACHD's Ten Mile/Pine intersection improvement plans. SPECIAL CONSIDERATIONS (PRELIMINARY PLAT) A. B. Proposed minimum setbacks are addressed below. The Paddington CC&R's will apply to the four-plex and attached four-plex (eight-plex) units. The Cooper Canyon and Paddington CC&R's are one and the same. The differing C:lDocuments and Settings~ohnsonjlLocal Settings\Tempol1llY Internet Files\OLK14\RocsResponse2.doc 4. 5. 6. 7. 8. Planning & Zoning Commission November 16, 2004 Page 2 names are due to the marketing name and the recording name. It is our intent to provide different CC&R's for the office and the townhomes. C. The turnaround has been modified so that a 20-foot setback can be met. Therefore, the lots are of ample size exclusive of the turnaround. We respectfully request that deed restrictions not be placed on these lots. We propose to make the turnaround permanent right-of-way. D. The lots will contain stormwater drainage and will be constructed to meet the City's ordinance. We respectfully request this staff comment be disregarded. We will utilize subsurface and above-ground storage. It is our intent to utilize the common areas for recreation and storm drainage retention. This is no different than other projects where open space has served a dual purpose. SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. The applicant will comply. 2. a. The applicant requests that street buffers as common lots only be required adjacent to the residential lots, and that the office lots be allowed to show the landscape buffer as an easement. Historically, this has been allowed in commercial developments. The site plan has been modified. The site plan has been modified. The pedestrian pathways and easements have been added. The turnaround has been modified to a "T" that meets Ada County Highway District requirements. b. c. d. e. 3. The applicant will comply. This will be delineated on the final plat and addressed in the protective covenants. The turnaround has been modified to a "T" that meets Ada County Highway District requirements within the road right-of-way. Regular building setbacks can be met. The applicant requests that this comment be deleted from the conditions of approval. The applicant will comply. The applicant will comply. No fencing will be provided adjacent to the office uses; temporary fencing will be provided on the easterly boundary. The applicant will comply. The Ten Mile Stub Drain will remain open until such time as Ada County Highway District completes construction of the intersection improvements. Also, the applicant requests a waiver for tiling of the Eight Mile Lateral. C,IDocuments and Settings~obnsonjlLocal S.etûngslTemporaoy Internet FlleslOLK14lRecsResponse2.doc Planning & Zoning Commission November 16,2004 Page 3 9. The applicant will comply. 10. The applicant will comply. 11. The applicant will comply. STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. The multi-family buildings will be constructed with slab on grade. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. Noted. 11. Noted. SITE SPECIFIC CONDITIONS OF APPROVAL (CONDITIONAL USE) 1. Noted. C:\Documents and Settings~ohnsonjlLocal Settings\Temponuy Internet Files\OLK14\RecsResponse2.doc Planning & Zoning Commission November 16, 2004 Page 4 2. The requested reductions to City dimensional standards are as follows: ~ Minimum Lot Area City of Meridian Standard: Proposed Standard: 2,400 s.f. per d.u. 752.50 s.f. per d.u. (eight-plex) 24 feet (1 townhome lot); 28 feet (1 four- plex lot); zero frontage on a public street 5 feet 5 feet 5 feet per story; 0' for garages and attached units 20 feet 10 feet Minimum Street Frontage 50 feet Front Setback Rear Setback Interior Side Setback 20 15 Street Side Setback Fence Setback from Gray Cloud 20 feet 20 feet kQ Minimum Lot Area Front Setback 7,000 s.f. 30 feet 5,670 s.f. 5 feet (for purposes of this application, front setback for the office buildings has been determined from the internal driveway) 20 feet (offices) 10 feet (garages) 5 feet per story Rear Setback 20 feet Interior Side Setback 5 feet per story Parkin!! Requirements Reduction of3 spaces below min. 3. The applicant will comply. 4 & 5. On the lots with the least amount of open space (Lots 43-50), a total of 1,135 square feet of open space is associated with each lot, or 283.75 square feet per unit, in addition to 100 square feet of personal open space per unit. 33 x 1,135 Lot 51 Lot 54 37,455 square feet 4,395 square feet 22.894 64,744 square feet, or approximately 1.5 acres C:\Documents and Settings~olutsonj\Local SettingslTempornry Internet FileslOLKl4lRecsRespolIBe2.doc 9. 11. 12. 13. 14. Planning & Zoning Commission November 16, 2004 Page 5 This does not take into account the larger lots with more open space. The eight-plex units, townhomes and lower units in the four-plexes will comply with the 100 square foot requirement. The upper units have a rear deck (41.5 square feet) and 15.75 square feet of storage space located in the front, for a total of 57.25 square feet of private open space in addition to the 283.75 minimum square footage of open space provided for each unit. We believe this combination of common and private open space satisfies the intent of and purpose of the code. 6. a. The applicant will use complementary colors for the trim bands and window trims. However, the applicant respectfully requests that the comer accents remain the same color as the exterior, as different colors on the comers are not aesthetically pleasing to the applicant. The applicant has seen multi- family units with this trim in Utah, and it was not attractive. b. The applicant will comply. c. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. The applicant will comply. 10. The applicant will comply. A total of six, eight-cubic-yard containers will be provided for the development. The nwnber required to service this development was detennined by SSC. The applicant will comply. The applicant will comply. The applicant respectfully requests project phasing be allowed so the townhouses may be constructed prior to the improvements being 100% complete for the entire project. Phases 1 and 2 will be the townhouse units. Phase 3 will include the four- plex units except for Lots 43-50. Phase 4 would complete the project, with construction of the office units and Lots 43-51. The applicant will comply. C:\Documents and Settings~ohnsonjlLocal Settings\Temporary Internet Files\OLKI4\RecsResponse2.doc Planning & Zoning Commission November 16, 2004 Page 6 OTHER AGENCYfDEPARTMENT COMMENTS AND CONDITIONS Sanitary Services Company (SSe) 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. Meridian Police Department 1. The applicant will comply Meridian Fire Department 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. 11. Noted. 12. Signalization ofthe intersection is being designed by Ada County Highway District and is budgeted for construction in 2007. 13. The applicant will comply. CIDocuments and Settings~ohnsonj\Local SettingslTempomry Internet Files\OLKI4IRecsResponse2.doc Planning & Zoning Commission November 16, 2004 Page 7 14. This project is not gated; a Knoxbox entry system is not required. Office units will be equipped with Knoxbox entry systems if required by the Meridian Fire Department. 15. The applicant will comply. 16. The applicant will comply. Meridian Parks & Recreation Department 1. The applicant will comply. 2. The applicant will comply. We appreciate staffs review of our project. Thank you. Sincerely, Engineering Solutions, LLP Becky McKay, Partner Project Manager BM:ss cc: Mr. David Callister C:lJJocuments and Settings~ohnsonj\Local Settings\Temponuy Internet Files\OLKI4\RecsResponse2.doc November 15, 2004 Planning and Zoning Commission, City of Meridian: I attended the Planning and Zoning Meeting on November 4, and I wanted to hear the presentation on the Sommersby development proposed for the NE comer of Pine and Ten Mile. However, after waiting an hour and forty-fIVe minutes, we were told the Item had been removed from the agenda and continued to the November 18 meeting. My son has a band concert on November 18, and we will not be able to attend this November 18 meeting. Those of us residing adjacent to this properly have a lengthy (5 years +) history of developments proposed for this site. Based on prior concerns by neighbors within the city limits and neighbors In the county, I respectfully request that the Planning and ZOning Commission consider the following when reviewing this proposed development: 1. Has the develoJ)e[provlded ""'rina to the single4amDy sulxllvislon-to the north? Prior proposals placed three-story apartments immediately adjacent to the single-story homes in Thunder Creek. Buffering should consider the use of one- or two-story buildings as a transition into the hlgher-density areas of the development. Buffering should also consider the use of landscaping as a transition. -----'--- - 2. Has the developer addressed Dedestrlan safety Iss.. especially regarding the safety of children attempting to cross Ten MIle _d to get to Chaparral Elementary? Currently, all students east ofTen MUe Road are transported to Chapal1ãl by bus and not required to walk due to safety issues (absence of sidewalks and crossing guards). However, children are impatient with waiting for the bus, and there are a considerable number of children who walk or bike or roller-blade or skateboard to school. This aeates a serious safety issue with traffic on Ten Mile Road. How will the developer address the safety of the additional children from this development crossing Ten Mile to get to Chaparral? 3. Has the developer addressed traffic concerns on the comer of PIne and Ten Mile? a. Regarding the morning, noon, and after-school traffic tol from Meridian High School? Developers of prior projects for this corner have used traffIC studies conducted when school was not in session (summer break and non-school days) and concluded there were no traffic problems on this corner. Please confirm that the traffic studies were done when the high school was in session. b. Regardiflg the concerns of those county residents residing on the private road extension of PIne west of Ten Mile? It is my understandtng;based on other projects in thiS area, that the developer will not be required to add a stoplight to resolve the additional traffic this project will add to these streets since this intersection appears In the ACHD 5-year plan. However, the residents on the private extension of Pine have a difficult time getting In and out of their road at this intersection, and It will only get worse for them with the addition of this develOpment. As for our family (our property in Thunder Creek is adjacent to the proposed development on the north side), we are pleased that the developer listened to our concems and extended lightning Place Into a cut-de-sac with slngle-famHv town-homes. Prior proposals included three-story apartments next to us and extended Ughtnlng Place to Ten Mile which invited cut-throUgh traffic into our quiet neighborhood. Thank you for this opportunity to be heard regarding this proposed development. Sincere(.~. . rr, \\ I . . iJ-.- I ~ ~~ S c....A Irma Atkinson \/~+ 2. . ~ 1124 N. Ughtning Place / /- ¡g -()~ ,T km ¡1J OS - ¿, <f-- 7 RECEIVl~jI NOV 1 5 2g~J~ City OfMeI'là~an City Clerk OfficII CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET November 18, 2004 ITEM # 7 DATE PROJECT NUMBER CU P 04-040 Sommersby Subdivision PROJECT NAME ,NAME (PLEASE PRINT) FOR AGAINST NEUTRAL ~--k.J~ M O-r~f\ V CtJ) J¡)H ,~ V ~ DGR..-. ,',:-"".' '.,. ,'" MAYOR Tammy de Weerd otre;;dÙfn LEGAL DEPARTMENT (208) 466-9272 . FAX 466.4405 PARKS & RECREATION (208) 888-3579' Fax 898-5501 PUBLIC WORKS (208) 898-5500' Fax 887-1297 CITY COUNCIL MEMBERS Shaun Wardle William L M. Nary Charles M. Rountree Keith Bird BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To Insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: October 28, 2004 Transmittal Date: September 28, 2004 Hearing Date: November 4, 2004 File No.: CUP 04-040 Request: CUP (Planned Development) for reductions to the minimum requirements for lot size, street frontage, setbacks and increased lot coverage in L-O & R-15 zones for Sommersby Subdivision By: Confluence Management, LLC Location of Property or Project: NEC of West Pine Avenue & North Ten Mile Road David Zaremba, P/Z (No FP) David Moe, P/Z (No FP) Wendy Newton-Huckabay, P/Z (No FP) Michael Rohm, P/Z (No FP) Keith Borup, P/Z (NoFP) Tammy de Weerd, Mayor Bill Nary, CIC Charlie Rountree, CIC Keith Bird, CIC Shaun Wardle, CIC Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department police Department City Attorney City Engineer City Planner Parks Department Meridian School District (No FP) Meridian Post Office (FPIPP only) Ada County Highway Oistrict Ada County Oevelopment Services Central District Health Nampa Meridian Inigo District Settlers Irrigation District Idaho Power Co, (FPIPPonly) Qwest (FPIPP only) Intermountain Gas (FPIPP only) Bureau of Reclamation (FPIPP only) Idaho Transportation Department (No FP) Ada County Land Records Meridian Development Corporation Historical Preservation Commission Your Concise Remarks: =~(1~d! j() ~ /¡)/J/dOO</ RECEIVED OCT 0 1 200~ ~ City Of Meridian City Clerk Office 33 EAST IDAHO AVENUE' MERIDIAN, IDAHO 83642' (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813 MAYOR Tammy de Weerd olfe;¡;;¡¡Crn LEGAL DEPARTMENT (208) 466-9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579. Fax 898-5501 PUBLIC WORKS (208) 898-5500. Fax 887-1297 CITY COUNCIL MEMBERS Shaun Wardle William L M. Nary Charles M. Rountree Keith Bird BUILDING DEPARTMENT (208) 887-2211' Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To Insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: October 28, 2004 Transmittal Date: September 28, 2004 Hearing Date: November 4, 2004 File No,: CUP 04-040 Request: CUP (Planned Development) for reductions to the minimum requirements for lot size, street frontage, setbacks and increased lot coverage in L-O & R-15 zones for Sommersby Subdivision By: Confluence Management, LLC Location of Property or Project: NEC of West Pine Avenue & North Ten Mile Road David Zaremba, P/Z (NoFP) David Moe, P/Z (No FP) Wendy Newton-Huckabay, P/Z (NoFP) Michael Rohm, P/Z (No FP) Keith Borup, P/Z (No FP) Tammy de Weerd, Mayor Bill Nary, CIC Charlie Rountree, CIC Keith Bird, CIC Shaun Wardle, CIC Water Department & Sewer Department Sanitary Service (No VAR, VAG, FP) Building Oepartment Fire Department Police Department City Attorney City Engineer ~~\) ~ !Ø~'1\I\" ø V~ ~ ø~~ß~'t. C\~:~~'tß~ ~~S 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 . (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Fin!ll1ce & Utility Billing Fax (208) 887-4813 Meridian School District (No FP) Meridian Post Office (FP/PPonly) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. Oistrict Settlers Irrigation District Idaho Power CO. (FP/PP only) Owest (FP/PP only) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County Land Records Meridian Development Corporation Historical Preservation Commission Your Concise Remarks: '",- N&CUfr~ lW -=.AhECEIVED ~- OCT -5 2004 City of Meridian City Clerk Office CUP 04-040 MERIDIAN PLANNING & ZONING MEETING November 4. 2004 APPLICANT Confluence Management, LLC ITEM NO. ~ REQUEST Public Hearing: Conditional Use Permit (PO) for reductions to the minimum requirements for lot size, street frontage, setbacks and increased lot coverage in L-O & R-15 zones for Sommersby Subdivision- NEC of West Pine Avenue & North Ten Mile Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY SEWER DEPT: CITY PARKS DEPT: No Comment No Comment C Dý)tN'VU Plld- ~ V1/) ~/()'1 y;¿) CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: See attached Comments SffiLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: contacted~ÙUu..l\ Emailed:'~ Date:~ Staff Initials: Phone: ~ Materials presented at public meetings shall become property of the City of Meridian, MAYOR Tammy deWeeni j CITY COUNCIL MEMBERS Keith Bini Christi"e Doonell ShaDD Wardle Charles M. Roumree olfe;;d¡a:n IDAHO LEGAL DEPARTMENT (208) 466-9272 . Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500. fax 887-1297 PLANNING AND WNING DEPARTMENT (208) 884-5533 . fAX 888-6854 STAFF REPORT: P&Z Hearing Date: November 4, 2004 Transmittal Date: November 1,2004 To: Mayor, City Council and Planning & Zoning Commission Bruce Freckleton, Development Services Manager ~ Brad Hawkins-Clark, Principal City Planner I'ß\:\t.- Sonunersby Subdivision / Planned Development From: Re: R.'..' ..Ii; f-i' I.'\.rI~."', -..(-} - .:'.L ..,;. . NOV 0 2 2004 . Preliminary Plat (PP) Approval for 62 Building Lots (8 office, 33 multi-family, 9 single family attached, 12 garage lots) and Six Common/Other Lot on 12.731 Acres in Existing L-O and R-15 Zones, by Confluence Management, LLC (File No. PP- 04-035). . Conditional Use Pennit (CUP) Approval for a Planned Development for Reductions to Minimum Requirements for Lot Size, Street Frontage, Setbacks and Increased Lot Coverage in Existing L-O and R-15 Zones, by Confluence Management, LLC, (File No, CUP -04-040). We have reviewed the aforementioned applications and now offer the following comments, as conditions of approvaL These conditions shall be considered in full, unless expressly modified or . deleted by motion of the Meridian Planning & Zoning Commission or City Council: APPLICATIONS SUMMARY The Applicant, Confluence Management, LLC, has requested Preliminary Plat (PP) and Conditional Use Pennit (CUP) approval for a Planned Development (PD) on 12.731 acres ofland located at the northeast comer ofN. Ten Mile and W. Pine Street. The property address is 890 N. Ten Mile Road and is designated "Mixed Use-Neighborhood" on the 2002 Comprehensive Plan Future Land Use Map. There is a single family residence and other outbuildings on the property. The property was annexed and zoned to the existing Limited Office (L-O) and R-15 zones in November 2000 under the project name "Valeri Heights." That project was approved for 128 apartment units, 8 townhomes and 26,000 square feet of office space. However, none of the project was ever constructed. The Sommersby project proposes 132 apartment units (in both 4-plex and 8-plex construction), 9 attached single family units and 21,000 sq. ft. of office space (5,000 sq. ft. less than currently approved under Valeri Heights). The Preliminary Plat proposes to subdivide the existing parcel into 8 office lots (min. lot size of 5,670 sq. ft.), 33 multi-family residential lots, 12 garage lots and 6 other/common lot. Two of the common lots (Lot 51 and 54) are designated as active open space. Lot 27 of the plat is proposed as a private, PP-O4-Œ5. CUP-O4-040 Sommersby Sub.PP.CUP.doc Mayor, Council, and P&Z Commission Hearing Date: November 4, 2004 Page 2 ingress/egress driveway for the office and multi-family portion. Vehicular access for the single family attached lots is proposed by extending two public streets ITom Thunder Creek Subdivision (N. Lightning PI. and N. Gray Cloud Way). The gross density of the residential portion of the development is 12.87 du/acre (net density is 14.33). The CUPIPD application proposes 23 four-plex buildings (92 dwelling units), 4 eight-plex buildings (32 units), 2 townhomes (7 units) and a single family attached building (2 units), The CUPIPD includes a request for reductions to the minimum lot size, minimum lot ITontages, setbacks and increased lot coverages. However, the application provides no details on the specific dimensions/reductions proposed. As noted below under CUPIPD conditions, staff is requesting the applicant provide this infonnation for the public record. For the required PD amenities, the applicant is proposing to construct playground equipment, two water features, an activity court, two gazebos and a hardscape plaza (near the office buildings). The total area of the two main amenity lots (Lots 51 and 54) is 27,290 sq. ft., or approx. 5,7% of the gross area. (See Special Considerations under Conditional Use Pennit Analysis below for detailed analysis of the proposed amenities and open space requirements.) In addition to the preliminary plat and CUPIPD applications, the applicant also submitted a Miscellaneous Application (MI-04-011) which proposes to amend/replace the recorded Development Agreement (DA) for the fonner Valeri Heights Subdivision. This application only requires a meeting before the City Council and is being held until the subject applications are forwarded to council with a recommendation ITom the P&Z Commission. The ACHD Commission approved the subject applications at their October 27, 2004 meeting, Their staff report notes that Sommersby Subdivision will generate 1,171 vehiéle trips per day (100 AM peak trips and 113 PM peak hour trips). Left turn lanes for the site entrances are warranted at both the Ten Mile and Pine A venue approaches. The staff report also states that Ten Mile Road, ITom Franklin to Cherry Lane, including signalization and widening ofthe Ten MilelPine Ave. intersection, is scheduled for construction in 2007. Staff has provided a detailed analysis and recommended conditions of approval for the requested preliminary plat and conditional use pennit applications below. While we are recommending approval of the PP and CUP/PO applications (with the conditions), we are also recommending several modifications to the proposed layout and building designs. PROPERTY OWNER OF RECORD David and Shirley Fuller are the current property owners. They have submitted notarized consent for Confluence Management, LLC to submit the subject applications. Confluence Management is represented by Engineering Solutions, LLP. LOCATION The subject property is located on the northeast corner ofN. Ten Mile Road and W. Pine Street, within Section 11, Township 3 North, Range I West. PP-O4-0J5. CUP-Q4-040 Sommersby Sub.PP.CUP.doc Mayor, Council, and P&Z Commission Hearing Date:. November 4, 2004 Page 3 SURROUNDING PROPERTIES North: Thunder Creek Subdivision, zoned R-4 South: The Courtyards at Ten Mile, zoned CoN and R-15 (annexed and platted in 2003) East: Unplatted county parcel with a single family residence, zoned RUT. West: Mosher's Fann and Berkeley Square Subdivisions, both zoned R-8, and undeveloped county parcel at the northwest comer ofTen Mile and Pine, zoned RUT. a 12,7-acre, PRELIMINARY PLAT ANALYSIS Sections 12-3-3.J.2 and 12-3-5.D of Meridian City Code read as follows: In detennining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; This site is currently designated as "Mixed Use-Community" on the 2002 Comprehensive Plan Future Land Use Map and is zoned L-O and R-15. According to the Plan's narrative in Chapter VII (pg. 97), this designation "will provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged." Staff finds that the lot configuration and overall design of the subdivision would be in general confonnance with this purpose. The subdivision creates a mix of office, multi-family and single family residential lots - which meets the intent of the Future Land Use Map designation. The MU-C designation allows for residential densities up to IS units/acre, which the proposed plat meets (14.33, net). B. The availability of public services to accommodate the proposed development; If approved, the developer will be fmancing the extension of sewer, water, utilities and irrigation services needed to serve the project. The primary public costs to serve the future residents will be fire, police and road/transportation services. Generally, staff finds that public services are and/or can be made available to accommodate the proposed development. The Commission and Council should reference any other written and/or oral testimony submitted by ACHD and the Meridian Police and Fire Departments regarding their ability to adequately service this project. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, utilities and irrigation, for the development at their cost, staff finds that the subdivision will not conflict with the capital improvement program. D. The public fmancial capability of supporting services for the proposed development; PP-Q4-03 5, CUP-Q4-040 Sommel1!by Sub.PP.CUP.doc Mayor, Council, and P&Z Commission Hearing Date: November 4, 2004 Page 4 Staff finds that the City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. The application is not clear if the developer is intending to fund the construction of a new traffic signal at the intersection of Ten Mile and Pine Ave. If not. this project willlikeiv reQuire the expenditure of some ACHD funds to improve the capacitv of this intersection. E. The other health, safety or environmental problems that may be brought to the Commission's attention. It appears the Applicant is proposing to leave the Tenmile Sub Drain open in the southwest comer of the site. The City has previously allowed this section of the drain to remain open (Mosher's Farm Subdivision). Staff fmds that the drain is not a significant natural feature but one that should be protected through standard stormwater and run-off management practices. The Applicant has indicated that the property is outside of any FEMA flood hazard zone. Staff is not aware of any other health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention. Staff has not identified any environmental problems that may be associated with the development of this site. SPECIAL CONSIDERATIONS (PRELIMINARY PLAT) A. Building Setbacks: The application does not specify the reduced building setbacks being proposed for Sommersby Subdivision. The applicant should provide details for both the L-O and R-15 zones, wherever a reduction to standard setbacks is proposed. The primary setback that appears to be in question is the required R-15 rear setback of 15-feet (MCC 11-9-1). If the Commission and Council support staffs recommendation to provide the residential landscape buffers along Pine and Ten Mile in separate common lots, the rear setbacks along these street buffers will be between zero (0) and five (5) feet. This may require a reduction to building sizes. The applicant should address this issue at the P&Z Commission public hearing and provide a typical plot plan. B. HOA for Single-Familv Units: Since there is no vehicular or pedestrian access to the four (4) townhouses on Lots 1-4, Block 2 from within Sommersby Subdivision and no vehicular access to the five (5) single family lots in the northwest comer, the applicant should clarify if these units will be included in the Sommersby HOA and CC&R's and have access to the site amenities. Also, draft CC&R's were submitted for both Paddington and Cooper Canyon. The applicant should clarify the difference between these two documents and how they will apply. C. Temporary Emergencv Turnaround: The preliminary plat (Sheet I) shows a temporary turnaround at the eastern terminus ofN. Gray Cloud Way which affects Lot 12 and 13, Block I and Lot 4, Block 2. It cUlTently shows a radius of 45 feet. Unless otherwise approved by the Meridian Fire Department, this radius will need to be 48 feet. Additionally, the final plat will need to include a deed restriction on these three (3) lots that references the temporary turnaround. (See Site Specific Condition #4.) PP-O4-OJ S, CUP-O4-040 Sommersby Sub.PP.CUP.doc 4. Mayor, Council, and P&Z Commission Hearing Date: November 4, 2004 Page 5 D. On-Site Drainage: The preliminary plat shows three (3) seepage beds in the western half of the development that appear to receive all on-site drainage. Staff requests the applicant to confirm there will be no stormwater drainage areas/swales located within Lot 51 or 54. E. Internal Walking Paths: The Landscape Planting Plan by Harvest Design shows three (3) internal walking paths leading to Lot 54 ITom the west, north and east between several of the four-plex lots. Staff supports this concept but the preliminary plat will need to be revised to accommodate public access across the private four-plex lots. Staff is recommending the plat reflect pedestrian easements for these walking paths. (See Site Specific Condition #2.d.) SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. All applicable conditions of the Sommersby CUPIPD application (CUP-04-040) shall also be considered conditions of the Preliminary Plat (PP-04-035). 2. Applicant shall make the following modifications to the preliminary plat (Sheet I of I by Engineering Solutions) and submit ten (10) copies of a revised plat at least ten (10) days prior to the next public hearing for this application: a. Show the 25-foot wide N. Ten Mile and W. Pine Ave. street buffers in a separate common lot and not an easement; b. Widen Lots 20 and 30, Block I to a minimum width of25 feet; c. Label all sanitary sewer lines; d. Add minimum 5-foot wide pedestrian easements between Lots 63 and 64, Lots 61 and 62 and Lots 58 and 59 to accommodate the pathways shown on Sheet LS-I leading to Lot 54; e. Widen the permanent cul-de-sac within N. Lightriing Place and the temporary turnaround within N. Gray Cloud Way to a minimum 96-foot wide diameter. 3. Provide a cross-access easement for all of the lots within the subdivision to utilize the drive aisles (Lot 27, Block 1) as access to N. Ten Mile Road and W. Pine Ave.. Applicant shall include a temporary deed restriction with the final plat on Lots 12 and 13, Block 1 and Lot 4, Block 2 that references the temporary emergency turnaround, and to not allow building until such time that the road is extended. 5. The preliminary Landscape Planting Plan (Sheet LS-l, dated 9/02/04 by Harvest Design, P.C.) is approved with the following changes: a. MCC 12-13-12-3 requires the 20-foot buffer between the multi-family lots on the north boundary and the single family lots in Thunder Creek be planted to result in an effective baIrier within three (3) years and be maintained such that 60% or more of the vertical surface is closed. The landscape architect shall review the number and species of planting materials within this buffer and revise accordingly with the final plat application. PP.O4-O35, CUP-O4-O40 Sornm=by Sub.PP,CUP.doc Mayor, Council, and P&Z Commission Hearing Date: November 4, 2004 Page 6 b. Revise the plan to replace at least three (3) of the W. Pine Ave. buffer deciduous trees with evergreen trees to enhance sound buffering year round for the four-plex units backing up to W. Pine Ave. c. Revise the plan to show a non-combustible fence within the 30-foot NMID Eightmile Lateral easement in the northeast comer. A pennanent fence shall also be constructed on the south easement line of the Eightmile Lateral. d. Note #9. says all existing trees on the property are proposed for removal. The detailed landscape plan submitted with the final plat application shall include Note #13.D regarding mitigation and call-out which new trees on the site are counting toward the mitigation requirement. 6. A detailed fencing plan shall be submitted upon application of the final plat (MCC 12-4- IO.F.3). If no pennanent fencing is provided on the perimeter of the subdivision, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance ofa building pennit. All fencing shall be installed in accordance with MCC 12-4-10. 7. CC&R's shall be recorded for Sommersby Subdivision which outline maintenance responsibilities for all common lots and establish minimum design, construction and maintenance standards for the office and multi-family buildings. Maintenance of all common areas shall be the responsibility of the Sommersby Lot Owner's Association. 8. With the exception of the Ten Mile Sub Drain, the Applicant is required to tile or cover any other irrigation ditches, laterals or canals that cross, intersect or lie adjacent to the subject site. Any ditch, canal or lateral to be piped should be shown on plans, which shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confinnation of said approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 9. Underground vear-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 10. Staff finds that the applicants engineer has demonstrated that the project can be provided sanitary sewer service to the existing mains adjacent to the project site. The existing sewer mains in both W. Pine Ave and adjacent to the Nine Mile Drain are quite shallow, however the PP.O4-O35, CUP.O4-O40 Sommersby Sub.PP.CUP.doc 4. 5. Mayor, Council, and P&Z Commission Hearing Date: November 4, 2004 Page 7 applicants engineer has demonstrated that minimum cover (3 feet ITom top of pipe to finish grade) can be achieved via placing fill in the lower areas of the project. Sewer and water service shall be via main line extension ITom the existing mains adjacent to the subject site. The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to adjacent properties. The subdivision designer to coordinate main sizing and routing with the Public Works Department. The applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. This applicant shall be subject to paying sanitary sewer latecomers fees for each developed lot at the time of building pennit issuance. 11. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stonn water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Stonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian 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. STANDARD CONDITIONS (PRELIMINARY PLAT) 1. Coordinate fire hydrant placement with the City of Meridian Pubiic Works Department. 2. 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, sanitary sewer, water, etc. that has not been completed. 3. A detailed landscape plan, in compliance with the Landscape Ordinance, and in accordance with the changes noted within this staff report, shall be submitted for the subdivision with the final plat application. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plat(s), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12-5-3). Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the expense of the Applicant. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and pennit mm the Public Works Department prior commencing installations. PP-o4-o35, CUP-O4-o40 Sonnnersby Sub.PP.CUP.doc 9. II. Mayor, Council, and P&Z Commission Hearing Date: November 4, 2004 Page 8 6. Please submit groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all stonns up to and including a 100-year stonn events. Side slopes within drainage areas shall not exceed 3: I. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies detennining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3- feet above the highest established nonnal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above groundwater. 7. Developer shall coordinate mailbox locations with the Meridian Post Office. 8. Any existing domestic wells and/or septic systems within this project will have to be removed /Tom their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material, 10. Staff's failure to cite specific ordinance provisions or tenns of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. CONDITIONAL USE PERMIT ANALYSIS The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they fmd evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; ReQuired Rear Yard: The site may not be large enough to accommodate the 15-foot required rear yard for the proposed four-plex buildings on W. Pine Avenue if the Commission and Council require all street buffers to be located within common lots, especially if a perimeter fence is constructed. Open Space: MCC 12-13-16 requires all multi-family developments to provide common open space that equals or exceeds ten percent (10%) of the gross land area. Sommersby is 12.73 acres in size, which requires 55,452 sq. ft. of open space, exclusive of the Ten Mile and Pine Ave. street buffers and the 20-foot buffer between Lots 7-9 and Thunder Creek. The CUPIPD PP'()4'()35, CUP-O4.()40 Somrnersby Sub.PP.CUP.doc Mayor, Council, and P&Z Commission Hearing Date: November 4, 2004 Page 9 Site Plan shows the total open space as 3.27 acres, or 31.05% of the site. Even though this figure includes the north boundary buffer, it would still exceed the minimum 10% amount. Trash Enclosures: The applicant has met with SCC regarding the proposed trash enclosure locations and SSC is requiring additional enclosures on the site. However, no revised plan has been submitted showing how or where these will be located. Commercial Parking: MCC 11-13-S.B. requires at least one parking stall per 400 sq. ft. of office floor area. Lots 33 - 40 show a total of21,000 sq. ft. of floor area, requiring 53 stalls, which meets the minimum parking requirements of code. Residential Parking: MCC 11-l3-5.B requires at least two (2) parking stalls for each dwelling unit (multi-family and single family). There are 132 multi-family units, which requires 264 stalls. The Site Plan shows 265 stalls, including the 12, two-car garages. The single family units must each provide a two-car garage. Garage Setbacks: As required under the preliminary plat, the drive aisles on Lots 20 and 30 need to be widened by five (5) feet. The minimum rear setbacks on Lots 23, 31 and 32 are already below the minimum 15 feet. In order to accommodate the garages on these three lots, the CUPIPD must approve setback reductions in excess of 50% of the minimum. The site may not be large enough to accommodate these garages. Although the site is large enough to accommodate all of the features required by ordinance, the Applicant has asked, through the Planned Development, to modifY specific development standards. Staff is requesting the applicant provide more details on the proposed modifications. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; See "Preliminary Plat Finding A" above. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds that the general design, construction, operation, and maintenance should be compatible with other uses in the general neighborhood and with the existing or intended character of the area IF all required buffers between land uses are constructed in accordance with MCC 12-13-12 and all other conditions of this application are met. The P&Z Commission and City Council should review this finding based upon any public testimony received during the hearing process. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; PP-O4-035. CUP-O4-040 Soaunersby Sub.PP.CUP.doc G. H. Mayor, Council, and P&Z Commission Hearing Date: November 4, 2004 Page 10 Staff does not anticipate that the proposed development will have an adverse impact on the surrounding property. However, staff recommends that the Commission and Council rely upon public testimony, staffs analysis, and other agency comments when detennining if the proposed uses will adversely affect the other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Sanitary sewer and water service is proposed subdivision shall be via extensions to the site from existing main lines. On October 8, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. See detailed conditions from these agencies at the end of this report. ACHD staffhas approved this application, with site-specific conditions as well as their standard requirements. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police and Fire Departments regarding their ability to adequately service this project. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be required to finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the site will be fire and police services. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; As this site builds out, it will produce additional traffic on nearby arterial roadways. Staff recognizes the fact that traffic and noise will increase with the development of this site. However, staff does not anticipate that the development of this site will create excessive traffic, noise, smoke, fumes, glare, or odors as compared with other, similar size developments. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; ACHD staff has reviewed and approved both vehicular approaches to the site from Ten Mile and Pine Avenue. Please review the ACHD report for this project for additional infonnation regarding this finding. As noted under the preliminary plat, the cul-de-sacs need to be widened to adequately accommodate the Meridian Fire Department. PP-o4-0J5, CUP-O4-Q40 Sommersby Sub.PP.CUP.doc D. Mayor, Council, and P&Z Commission Hearing Date: November 4, 2004 Page 11 I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Applicant is proposing to leave the Tenmile Sub Drain open abutting the site. The applicant has indicated that the property is outside of the FEMA flood zones. Staff is not aware of any other natural or scenic feature(s) of major importance in the area that may be affected by the proposed development. SPECIAL CONSIDERATIONS (CUP/PD) A. Reduced Standards: The Applicant has requested approval of a PD to allow reduced development standards including reduced building setbacks. As noted above, staff is requesting the applicant request specific reduced standards for all dimensional requirements. As a point of infonnation, staff is supportive of allowing a minimum 10 feet (5 feet to property line) of separation between the sides of the proposed multi-family buildings, and a minimum of 12 feet from the rear of the buildings to property lines. Construction materials used on the structures with modified setbacks/separation should be approved by City of Meridian Building Department and in accordance with the most recent International Building Code. See Site Specific Condition #2 below. B. Open Space: In addition to the standard common open space requirement, Meridian City Code l2-6-2.A.4 states that all residential planned developments shall provide each dwelling unit with at least 100 square feet of useable private open space, such as a patio or deck. The Applicant must complv with the above-mentioned ordinance requirements for open space and present. at the public hearing, calculations explaining how the required usable private open space requirement for each unit will be met for the multi-familv development. See Site Specific Conditions #4 & #5 below. C. Minimum Dwelling Unit Sizes: The applicant proposes minimum dwelling unit sizes of 500 square feet in the 8-p1exes and 833 square feet in the 4-plexes. Approximately 30% of all dwelling units within the subdivision are within the 8-plexes. MCC 11-10-4 establishes minimum house sizes for single familv detached housing in the R-15 zone, but does not address multi-family housing. No floor plans were submitted with the application (and none were required), but staff assumes the 500 square foot units are one-bedroom/studio type floor plans, We have concerns about 30% of the units in this project being at this size, The 2000 U.S. Census shows Meridian's average household size of renter-occupied units at 2.67 persons. Given this and other Meridian demographics, we question the market demand and leaseability of these studio-type units. Parking at Plaza: The Site Plan currently shows three (3) parking stalls on the south side of Lot 51. Staff believes this open space area would be greatly enhanced by eliminating these stalls and opening up the full frontage of this plaza to the office lots. It would reduce the parking below the required ratio for the site (by 3 stalls), but we believe the aesthetic benefit would outweigh the loss of parking. We request the applicant address this issue at the P&Z Commission hearing. PP-O4-035, CUP-O4-040 Sommer:;by Sub.PP.CUP.doc 8. 9. Mayor, Council, and P&Z Commission Hearing Date: Novernber 4, 2004 Page 12 SITE SPECIFIC CONDITIONS (CONDITIONAL USE) 1. All conditions of the Preliminary Plat (pP-04-035) shall also be considered conditions of the Conditional Use Pennit (CUP-04-040). 2. The multi-family and townhome structures shall confonn to the following standards: 1. Minimum rear setback for interior lots of -; minimum IS-foot rear setback for perimeter lots; 2. Minimum side setback of - (measured to property line); 3. Minimum ITont setback of -' (measured ITom back of sidewalk); 4. 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 International Building Code. 3. As Planned Development amenities, construct two (2) water features in the roundabouts, an activity court, playground equipment and a hardscaped plaza as proposed. Design details of each amenity must be submitted with the Certificate of Zoning Compliance application. 4. The development shall provide common open space that equals or exceeds ten percent of the gross land area for the multi-family portion of the development, exclusive of the N. Ten Mile and W. Pine Ave buffers and the 20-foot buffer north of Lots 7-9, Block 1. 5. Provide each dwelling unit with at least one hundred square feet of use able private open space, such as a patio or deck. Present, at the P&Z Commission pubilc hearing, calculations and/or drawings that explain how the required usable private open space requirement will be met for the multi-family development. 6. The building elevations for the multi-family structures shall be modified as follows: a. The trim bands, comer accents and window trims shall be a different but complimentary color than the stucco siding color on each building; b. The stucco siding color shall vary throughout the development to avoid a monotone appearance. c. These standards shall be included in the CC&R's for the subdivision. 7. Applicant shall submit detailed elevations (ITont and rear) of the office structures on Lots 33 - 40 and the townhomes on Lots 1-3, Block I and Lots 1-4, Block 2 for review and approval by the P&Z Commission. No fencing shall be pennitted on the interior lot lines between the multi-family buildings or around the perimeter of Lot 54. Either provide parking for each four-plex structure within each individual lot or provide a cross-parking easement to accommodate the required parking. All parking and areas of PP-O4-O35, CUP.O4-040 Sommersby Sub.PP.CUP.doc Mayor, Council, and P&Z Commission Hearing Date: November 4, 2004 Page 13 II. 12. 13. 14. circulation should be paved, striped, and meet the minimum. dimensional requirements of Meridian City Code. 10. 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-I.C. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-S-2.K. 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). 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 plates) 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. Submit 10 copies of a revised site plan and landscape plan in confonnance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. Other AgencylDepartment Comments & Conditions SANITARY SERVICES COMPANY (SSC) 1. Applicant will need to provide additional trash enclosures within the office and multi-family portion of the subdivision. Coordinate the size and locations with SSC prior to a Certificate of Zoning Compliance being issued on the property. 2. Approaches to the trash enclosures shall allow SSC trucks to access the enclosure without a vehicle parked in front of it. 3. Design the enclosures per the standard recommendations of SSC for access, gates, floor/pad, container stopslbumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to submittal of a Conditional Use Pennit and issuance of a Certificate of Zoning Compliance. MERIDIAN POLICE DEPARTMENT 1. Prior to release of building permits, the applicant shall submit a parking plan for all off-street parking in the multi-family development to the Planning and Zoning Department. All parking PN)4.j)35, CUP.j)4-040 Sonunrnby Sub.PP.CUP.doc Mayor, Council, and P&Z Commission Hearing Date: November 4, 2004 Page 14 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. MERIDIAN FIRE DEPARTMENT 1. The public street cul-de-sac (N. Lightning Place) shall provide a minimum 96-foot face-to-face diameter to meet International Fire Code. 2, This development will likely need to comply with the 2003 International Fire Code in effect at the time of building pennit submission, which requires the 4-plex and 8-plex structures to contain fire sprinklers in the buildings. 3. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 4. Final Approval of the fIre hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 ljz" 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'. 5. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 6. Provide a 20' wide Fire Lane for all internal & external roadways. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. 9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 10. Commercial and office occupancies will require a fIre-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 11. The proposed multi-family development has an estimated 132 units with a total estimated population of 352 residents at build out. The Meridian Fire Deparlment has experienced 2397 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. PP-O4-035. CUP-04-040 Sommersby Sub.PP,CUP.doc Mayor, Council, and P&Z Commission Hearing Date: November 4, 2004 Page 15 12. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles, This cost of this installation is to be borne by the developer 13. Maintain a separation of 5' from the building to the dumpster enclosure. 14. Provide a Knoxbox entry system for the complex. 15. The first digit of the Apartment/Office Suite shall correspond to the floor level. 16. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. MERIDIAN PARKS & RECREATION DEPARTMENT I. Standard 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. STAFF RECOMMENDATION Staff believes the proposed mix of office, multi-family and single family uses meets the intent of the Mixed Use-Community designation on the Future Land Use Map. We also believe the proposed amenities and open space meet the purpose and intent of Planned Develo.pments and are in scale with the proposed number of units. Creating N. Lightning Place as a cul-de-sac seems to be a good compromise with the Thunder Creek homeowners to minimize impact on that existing neighborhood. As noted in the staff report, however, we do have some concerns and points of clarification with the current plat and site plan. In particular, we recommend the P&Z Commission address and resolve the following issues before forwarding the applications to City Council: I. Reduced Dimensions - applicant needs to provide specific standards for the proposed CUPIPD reduced dimensions 2. Intersection Improvements - confinn Pre Plat Finding "0" regarding the timing and funding of intersection improvements to Pine and Ten Mile 3. Building Setbacks - address rear setbacks off ofW. Pine for the residential units 4. Garage Setbacks - address rear setbacks for the garages on Lots 23, 3 I and 32 5. Minimum Dwelling Unit Size - address the proposed 500 sq. ft. minimum units within the attached 4-plexes 6. Trash Enclosures - show how the additional trash enclosures will be accommodated on the site 7. Private Open Space - show how the 100 sq. ft. of private open space is provided for each unit 8. Parking on Lot 5 I - address the option of removing the 3 parking spaces currently shown on the south side of Lot 51 PP-04-035, CUP-Q4-040 Sotnmmby Sub.PP.CUP.doc J ~&~'J~t>~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208-463-0092 14 October, 2004 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 William G. Berg Jr. City Clerk City of Meridian 33 East Idaho Ave. Meridian, ill 83642 RE: PP 04-035 & CUP 04-040/Sommersby Subdivision Dear Will: Nampa & Meridian Irrigation District requires that a Land Use Change Application be filed, for review, prior to fmal platting. Please contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. The District's 8 Mile Lateral courses along the northeast comer of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. I[any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Thank you, ¡1¡.)lf/J.. ~ Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BHldbg c: Water Superintendent K. Sttoschein/B. McKay, Eng, Solutions LLP File - Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~ & '1Høwtúu. ~oa 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208,463-0092 19 October 2004 phones: Area Cod. 208 OFFICE: Nompo 466-7861 SHOP: Nompc 466-0663 Kathy Stroschein Becky McKay Engineering Solutions. LLP 150 E. Aikens Street, Suite B Eagle, 10 83616 RE: Land Use Change Application - Sommersbv Subdivision Please note the District now reauires three (3) sets of plans Dear Ms, Stroschein and Ms. McKay: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban Irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge y()u to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, ÆMNLI!.7!JrfLL Donna N, Moore. Asst. SecretarylTreasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNM/smc cc: File Water Superintendent Will Berg, City Clerk, Meridian City Confluence Management, LLC, 2873 W. Wind, Eagle, ID 83616 David and Shirley Fuller, 890 N, Ten Mile Road, Meridian, ID 83642 enc, APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJEO RIGHTS - 40,000 ,¿......-... ..,.. 4-"""7..~ ""- '4r~ Ada County Highway District John S. Franden, President Oavld E. liVynkoop 1st Vice President Susan S. Eastlake, 2nd Vice President Sherry R. Huber, Commissioner Oave Bivens, Commissioner 3775 N. Adams Street Garden City 10 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: tellus@ACHO.ada.id.us October 28, 2004 To: Confluence Management, LLC 2873 W. Wind Eagle, Idaho 83616 MPP04-035/MCUP04-040 Sommers by Subdivision n/e/c Pine Avenue and Ten Mile Road t HOV - 1 2004 Subject: City of Meridian City Clerk Office On October 27, 2004, the Ada County Highway District Commission acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at20S-387-6174. ~r-~ ~~ t\-L{ -0 ut JL. J1t tJVv\ 1 J ~ ÆI!R Planner II Right-of-way & Development Services, Planning Division CC: ~truction Services, Drainage, Utilities Engineering Solutions, LLP 150 Aikens Street, Suite B Eagle, Idaho B3616 David & Shirley Fuller 890 N. Ten Mile Road Meridian, Idaho 83642 ."",;4~t>, ~ Ada County Highway District Right-of- Way & Development Department Planning Review Division This application does require Commission action due to the size of the project, and it was approved on the consent agenda on October 27, 2004 at 6:30 p.m. Tech Review for this item was held with the applicant on October 15, 2004. Please refer to the attachment for appeal guidelines. Staff contact: Lori Den Hartog, phone: 387-6174. E-mail: Idenhartoq@.achd.ada.id.us File Numbers: Sommersby Subdivision-MPP04-035/MCUPO4-040 Site address: nfelc Pine Avenue & Ten Mile Road Applicant: Confluence Management, LLC 2873 W. Wind Eagle, Idaho 83616 Owners: David & Shirley Fuller Engineering Solutions, LLP 150 Aikens Street, Suite B Eagle, Idaho 83616 Representative: Application Information: The applicant has submitted the above referenced application to the City of Meridian requesting preliminary plat and conditional use permit approval for the development of 33 multi-family lots, 9 single-family attached lots, 8 office lots, 12 garage lots, and 6 common lots on 12.73-acres. The site is located at the northeast corner of Pine Avenue and Ten Mile Road. Acreage: 12.73 Zoning: L-O & R-15 Multi-family lots: 33 (132 units) Single-family lots: 9 (attached units) Office lots: 8 (21,000 square feet of office space) ¡ lJl 4. 5. 2 A. Findings of Fact 1. Trip Generation: This development is estimated to generate 1,171 additional vehicle trips per day (10 existing) based the submitted traffic impact study. 2. Impact Fees: There will be impact fees that are assessed and due prior to issuance of building permits. The assessed impact fees will be based on the impact fee ordinance that is in effect at that time. 3. Traffic Impact Study: A traffic impact study was required with this application. Executive Summary: . At full build-out the site is estimated to generate 1,171 vehicle trips per day, based on 132 multi- family units, 9 townhouses, and 21,000 square feet of general office space. This will result in 1oO AM peak hour trips and 113 PM peak hour trips. . Approaches on Ten Mile Road and Pine Avenue will provide access to the multi-family units and office space. The townhouses will access Ten Mile Road via Lightning Way and Gray Cloud Way within the existing Thunder Creek Subdivision to the north. . The traffic from the townhouses will travel through the Thunder Creek Subdivision. The homes on the Lightning Place cul-de-sac will add 29 daily trips and 3 P.M. peak hour trips to Lightning Way and to Gray Cloud Way approach to Ten Mile Road. The townhouses on the Gray Cloud Way stub street will add 24 daily and 2 P.M. peak hour trips to the Gray Cloud way approach to Ten Mile Road. . Gray Cloud Way will be a stub street to the east of the Sommersby Subdivision. Future developments will connect to this stub street and add traffic to the roadway. . Left turn lanes for the site entrances are warranted at both the Ten Mile Road and Pine Avenue approaches at full build-out. Site Information: There is currently one single-family residence on the site. The balance of the site isused for agricultural purposes. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Sinale-familv residential R-4 South Mixed use development CoN & R-15 PO East Sinale-familv residential & undeveloped RUT West Sino Ie-family residential R-B 6. Impacted Roadways Roadway Frontage Functional Traffic Count Levelot Speed Classification Service" Limit Pine Avenue 871' Collector 2,133 east of Ten Better 35 MPH Mile on 9/2004 than "C" Ten Mile 461' Minor Arterial 10,989 north of Pine Better 35 MPH on 9/2004 than "C" 10,204 south of Pine on 9/2004 Lightning 50' Local No counts available n/a 20 MPH Place Gray Cloud 50' Local No counts available n/a 20 MPH Wav 7. "Acceptable level of service for a two lane collector roadway (Pine) is "0" (9,500 VTO). "Acceptable level of service for a two lane arterial roadway (Ten Mile) is "0" (14,000 VTO). Roadway Improvements Adjacent To and Near the Site . Pine Avenue has two travel lanes, and no curb, gutter, or sidewalk. . Ten Mile Road has two travel lanes, and no curb, gutter, or sidewalk. . Lightning Place has two travel lanes, and curb, gutter, and sidewalk. . Gray Cloud Way has two travel lanes, and curb, gutter, and sidewalk. Existing Right-ot-Way . Pine Avenue currently has 50-feet of right-of-way abutting the site (25-feet from centerline). . Ten Mile Road currently has between 60 and 83-feet of right-of-way abutting the site (25-feet from centerline). . Lightning Place currently has 50cfeet of right-of-way abutting the site. . Gray Cloud Way currently has 50-feet of right-of-way abutting the site. 8. 9. Existing Access to the Site The site currently has two driveways on Ten Mile Road. Site History ACHO previously reviewed this site in 1999 and 2000 for Valeri Heights Subdivision. The proposal was for a mixed-use development to include commercial, townhouses, and apartments. 10. Capital Improvements Plan/Five Year Work Program Ten Mile Road is scheduled in the Five Year Work Program and the Capital Improvements Plan (#10 and #11) to be widened to 5 lanes with curb, gutter, and sidewalk from Cherry Lane to Franklin in 2007. The project includes the signalization of Ten Mile Road and Pine Avenue 11. 3 B. 1. 2. 3. 4 Findings for Consideration Right-ot-Way Ten Mile Road District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. Dedicate a total of 48-feet ot right-of-way from the centerline of Ten Mile Road abutting the parcel by means of a wa"anty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat tor signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the tair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact tee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), i(funds are available. The applicant will also be required to dedicate the right-of-way triangle at the northeast comer of the intersection of Pine Avenue and Ten Mile Road to accommodate the intersection radius and pedestrian ramp. The applicant will be compensated for that right-of-way as mentioned above. Pine Avenue District policy requires 70-feet of right-of-way on collector roadways (Figure 72-F1 B). This right-of- way width allows for the construction of a 3-lane roadway with curb, gutter, 5-foot wide detached sidewalks and bike lanes. Dedicate 35-feet of right-ot-way from the centerline of Pine Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because Pine Avenue is classified as a collector roadway and is to be brought to adopted standards by the developers of abutting properties. Sidewalk District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). The applicant has proposed to construct a 5-foot wide detached concrete sidewalk abutting the site on Ten Mile Road located outside of the ultimate right-of-way. The applicant should provide the District with an easement for the sidewalk that is located outside of the right-of-way. This proposal meets District policy and should be approved with this application. Street Sections Pine Avenue District policy 72-F1 B requires collector roadways to be constructed as a 46-foot street section with vertical curb, gutter and 5-foot detached (or 7-foot attached) concrete sidewalk within 70-feet of right- of-way with parking prohibited on both sides. The applicant is proposing to construct a 5-foot detached concrete sidewalk abutting the site on Pine Avenue located approximately 41-feet from the centerline of Pine Avenue. This proposal meets District policy and should be approved with this application. The applicant will also be required to provide a road trust to the District for the pavement widening (approximately 6-feet of additional pavement) on Pine Avenue and the vertical curb and gutter. The District will utilize the road trust funds to construct those improvements at the time of the roadway project in 2007. The road trust deposit shall be in the amount of $24,000. Internal Local Streets District policy 7204.4.2 states, "developments with any buildable lot that is less that 1-acre in size will typically provide streets having a minimum pavement width of 32-feet with curb, gutter and sidewalks. The total street width shall be 36-feet from back-of-curb to back-of-curb. Variations of this width may be allowed, depending on traffic volumes forecast to be generated by the development. Concrete sidewalks shall be a minimum of 5-feet in width unless they are separated from the curb 5-feet or more in which case the sidewalk shall be a minimum of 4-feet in width. The applicant is proposing to extend Lightning Place into the site and cul-de-sac the roadway. The applicant is proposing to construct that roadway as a 36-foot street section with curb, gutter, and 5- foot concrete sidewalks. The applicant is proposing to extend Gray Cloud Way into the site and to construct it as 36-foot street section with curb, gutter, and 5-foot concrete sidewalks. 4. Roadway Offsets Private Drive on Pine Avenue District policy 7204.11.6, requires local roadways to align or offset a minimum of 150-feet from a collector roadway (measured centerline to centerline). The applicant is proposing to construct a private road intersecting Pine Avenue in alignment with an approved roadway for the Courtyards Subdivision on the south side of Pine Avenue. This proposal meets District policy and should be approved with this application Private Road on Ten Mile Road District policy 7204.11.6, requires local roadways to align or offset a minimum of 300-feet from an arterial roadway (measured centerline to centerline). The applicant is proposing to construct a private road intersecting Ten Mile Road in alignment with Acarrera Court. This proposal meets District policy and should be approved with this application. 5. Stub Streets District policy 7205.5 states that stub streets will be required to provide intra-neighborhood circulation or to provide access to adjoining properties. Stub streets will conform with the requirements described in Section 7204.5, 7204.6 and 7204.7, except a temporary cul-de-sac will not be required if the stub street has a length no greater than 150-feet. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." In addition, a stub street must meet the following conditions: 5 1. A stub street shall be designed to slope towards the street intersection and drain surface water toward that intersection, unless a satisfactory storm drain system is installed. 2. The District may require appropriate covenants guaranteeing that the stub street will remain free of obstructions. The applicant has proposed to extend two stub streets from the north property line. Lightning Place is proposed to be extended into the site, and it will cul-de-sac prior to connecting to the internal street system. The applicant is proposing a pedestrian pathway to allow for pedestrian connectivity. The applicant has also proposed to extend Gray Cloud Way into the site from the north properly line and construct it over to the east property as a stub street. At the technical review meeting held on October 15, 2004, the applicant also agreed to provide a pedestrian pathway to Gray Cloud Way to allow for pedestrian connectivity. The applicant has proposed that Lots 9-13, Block 1, will not have access to Gray Cloud Way; only Lots 1-4, Block 2 will have access to Gray Cloud Way. Staff Analvsis Although it would be preferable to have these streets extend further into the site, the adjacent neighborhoods have previously testified at ACHD that they have concerns about intersection cut through traffic. The proposed layout preserves connectivity to the east and provides adequate pedestrian paths to connect the existing subdivision to the new development. 6. Private Roads The applicant has proposed that the internal roads will be private. The applicant's proposal indicates that there will be a private street intersecting Ten Mile Road and a private street intersecting Pine Avenue and leading into the internal private roadway system. While the District discourages the connection of the public roadway system to a private road system that would create a de facto public road, there is no District policy prohibiting such a connection. District staff anticipates that due to the internal design of the private roads with traffic circles, on-street parking, and circuitous routes, that the proposed layout will not create a de facto public road through the site. District policy 7205.6, other jurisdictions in Ada County establish the requirements for private streets. The District retains authority and will review the proposed intersection of a private and public street for compliance with District intersection policies and standards. If the City of Meridian approves the private road, the applicant shall be required to pave the private roadway a minimum of 20 to 24-feet wide and at least 30-feet Into the site beyond the edge of pavement of Pine Avenue and Ten Mile Road and install pavement tapers with 15-foot curb radii abutting the existing roadway edge. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. Street name and stop signs are required for the private road. The signs may be ordered through the District. Verification of the correct, approved name of the road is required. ACHD does not make any assurances that the private road. which is a part of this application, will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. 6 The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: . Dedicate a minimum of 50-feet of right-of-way for the road. . Construct the roadway to the minimum ACHD requirements. Construct a stub street to the surrounding parcels. 7. Turn Lanes District policy 3004.1, 72-F8, AASHTO guidelines and the MUTCD guidelines require the turn lane to be constructed to provide a minimum of 1 OO-feet of storage with shadow tapers for both the approach and departure directions. The turn lanes are already included in the design for construction in 2007, and the applicant will not be required to construct these improvements. Turn lanes for the site are not warranted until full build- out, projected for 2009. 8. Driveways Offsets District policy F2-F4 (1) and 72-F4 (2), requires driveways located on local residential roadways to offset a controlled and/or uncontrolled intersection a minimum of 50-feet (measured near edge to near edge). District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 35 to align or offset a minimum of 150-feet from any existing or proposed driveway. The applicant is not proposing any direct access points, other than the two private roads, on either Pine Avenue or Ten Mile Road. Widths District Policy 7207.9.3 restricts residential driveways to a maximum width of 20-feet. 9. Other Access Ten Mile Road is classified as a minor arterial roadway, and Pine Avenue Is classified as a collector roadway. Other than the access specifically approved with this application, direct lot access to Ten Mile Road and Pine Avenue will be prohibited. A note of the access restriction should be placed on the final plat. C. Site Specific Conditions of Approval 1. Dedicate a total of 48-feet of right-of-way from the centerline ofTen Mile Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 7 4. 5. 6. 7. 8. 9. 10. 11. 12. 8 2. Dedicate the right-of-way triangle at the northeast corner of the intersection of Ten Mile Road and Pine Road abutting the site to accommodate the intersection radius and pedestrian ramp. 3. Dedicate 35-feet of right-of-way from the centerline of Pine Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because Pine Avenue is classified as a collector roadway and is to be brought to adopted standards by the developers of abutting properties. Construct a 5-foot wide detached concrete sidewalk abutting the site on Ten Mile Road located outside of the ultimate right-of-way (48-feet from centerline), as proposed. Provide an easement to the District for all portions of the sidewalk that are outside of the public right-of-way. Construct a 5-foot wide detached concrete sidewalk abutting the site on Pine Avenue located outside of the ultimate right-of-way (35-feet from centerline), as proposed. Provide an easement to the District for all portions of the sidewalk that are outside of the public right-of-way. Provide the District with a road trust deposit for the required improvements abutting the site on Pine Avenue, including pavement widening, curb, and gutter, in the amount of $24,000. Extend Lightning Place into the site from the north property line and cul-de-sac the roadway, as proposed. Construct that roadway as a 36-foot street section with curb, gutter. and 5-foot concrete sidewalks, and a minimum cul-de-sac radius of 45-feet. Provide a. pedestrian pathway from the Internal private road to the Lightning Place cul-de-sac, as proposed. Construct a private road intersecting Pine Avenue in alignment with an approved roadway for the Courtyards Subdivision on the south side of Pine Avenue (approximately 420-feet east of the intersection). Pave the private roadway a minimum of 20 to 24-feet wide and at least 30-feet into the site beyond the edge of pavement of Pine Avenue and install pavement tapers with 15-foot curb radii abutting the existing roadway edge. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. Construct a private road intersecting Ten Mile Road in alignment with Acarrera Court. This proposal meets District policy and should be approved with this application. Pave the private roadway a minimum of 20 to 24-feet wide and at least 30cfeet into the site beyond the edge of pavement of Ten Mile Road and install pavement tapers with 15-foot curb radii abutting the existing roadway edge. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. Extend Gray Cloud Way into the site from the north property line and construct it over to the east property as a stub street. Install a sign at the eastern terminus of Gray Cloud Way that states, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Provide a pedestrian pathway from the internal private road to Gray Cloud Way. Only Lots 1-4, Block 2 shall have access to Gray Cloud Way. Other than the access that is specifically approved with this application, direct lot access to Ten Mile Road and Pine Avenue is prohibited and shall be noted on the final plat. Comply with all Standard Conditions of Approval. 9. 11. 9 D. 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 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 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 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. 10. 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. 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. 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 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. E. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Reconsideration Guidelines 4. Development Process Checklist 10 N W E ~ S 11 ttltt BIB ( 8 8 II "'; t : f t I t I \ \ I IIIII 11:p! III I I I : i, OtH*::"'-rlllh i '"i' j' II ,¡II:, 11((:1 "ti IIIIB ~ ~ 11111I11ii1lHII~ i PilI! I i I iil;l~hii ~ii I h' n d~lili¡1 I i Ii I Ii 1ft 8 . ... " ... I"III~II Id 1111 ilil!¡ !.n ilil nil I I ,"II I I, II Ii !jU; .'1 IIII !. I I I " : . I in II I ¡II ! i III: I I !.~ ij OWNEFISOFRECQRJ -........... =-== Request for Reconsideration of Commission Action 1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 12 II Development Process Checklist II I8JSubmit a development application to a City or to the County I8JThe City or the County wlillransmit the development application to ACHO I8JThe ACHO Planning Review Division will receive the development application to review I8JThe Planning Review Division will do mm of the following: DSend a "No Review" letter to the applicant stating that there are no sne specific requirements at this time. DSend a "Comply With" letter to the applicant stating that if the development is within a platted subdivision or part ot a previous development application and that the site specific requirements from the previous development also app~ to this development application. DWrite a Staff Level report analyzing the impacts of the development on the transportation system and evaluating thE proposal for its conformance to Oistrict Policy. I8JWrite a Commission level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to Oistrict Policy. I8JThe Planning Review Oivision will hold a Technical Review meeting for all Staff and Commission Level reports. DFor All development applications, including those receiving a "No Review" or "Comply With" letter: The applicant should submit two (2) sets of engineered plans directly to ACHO for review by the Development Revie\\ Division for plan review and assessment of impact fees. (Note: if there are no sne improvements required by ACHO, then architectural plans may be submitted for purposes of impact fee calculation.) The applicant is required to get a permn from Construction Services (ACHO) for ANY work in the right-of-way, includin¡ but not limited to. driveway approaches, street Improvements and utility cuts. DPay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (Zone) 0 Driveway or Property Approach(s) Submn a "Oriveway Approach Requesf' form to Ada County Highway Oistrict (ACHO) Construction (for approval by Oevelopment Services & Traffic Services). There Is a one week tumaround for this approval. 0 Working In the ACHD Right-of-Way Four business days prior to starting work have a bonded contractor submn a "Temporary Highway Use Permit Application" to ACHO Construction - Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Contror Narrative & Plat, done by a Certified Plan Oesigner, if trench is >50' or you are placing >600 sf of concrete or asphalt. Construcüon (Subdivisions) 0 Sediment & Erosion Submittal At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Oesigner, must be turned into ACHO Construction - Subdivision to be reviewed and approved by the ACHO Orainage Oivision. 0 Idaho Power Company Vie Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. 0 Final Approval from Development Services ACHO Construction - Subdivision must have received approvai from Deveiopment Services prior to scheduling a Pre-Con. 13