HomeMy WebLinkAboutJulie Subdivision PP
PP 05-011
MERIDIAN PLANNING & ZONING MEETING
April 21, 2005
APPLICANT Paramount Development, Inc. ITEM NO. 19
REQUEST Public Hearing - Request for Preliminary Plat approval of 12 building lots
on 4.31 acres in a L-O zone for Julie Subdivision - northeast corner of North Linder
Road and West Cayuse Creek Drive
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
00 tWin-fA.-€- Þ/ If -ß J ú/I-( ~ ~
CITY PLANNING DIRECTOR:
CITY ATTORNEY
See attached staff report
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
No comment
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
See attached comments
No comment
NAMPA MERIDIAN IRRIGATION:
SETTLERS'IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
Contacted:
Emailed:
Date: ~
. C-f}{t'\ Staff Initials:
Phone: 3:1 C{ ../ L1 tfr;f)
m1l
Materials presented at publiC: meetings shall become property of the City of Meridian.
MAYOR
Tammy de Weerd
CITY COUNCIL J\1EMBERS
Keith Bird
Christine Donnell
Shaun Wardle
Charles M. Rountree
i
CITY HALL
(208) 888-4433 - Fax 887-4813
PUBLIC WORKS
BUILDING DEPARTJ\1ENT
(208) 887-2211 - Fax 898-9551
LEGAL OEP AR TJ\1ENT
(208) 466-9272 - FAX 466-4405
Mayor, City Council and Planning & Zoning Commission
Josh Wilson, Associate City Plann~~
Michael Cole, Development Services Coordinator M c..
STAFF REPORT:
To:
From:
Subject:
P & Z Hearing Date: April2!, 2005
Transmittal Date: April 15, 2005
RECE,IVED
APR. 1-5'2005
CITY. OF MERIDIAN
CITY CLERK OFFrCE
Julie Subdivision
.
.
Preliminary Plat Approval of Twelve (12) building lots on 4.31 acres in a L-O Zone
for Julie Subdivision, by Paramount Development, Inc. (File No. PP-O5-0JJ)
Detailed Conditional Use Permit (CUP) Approval for Twelve (12) Office Buildings
with reductions to the minimum requirements for street frontage and building
setbacks in a L-O zone, for Julie Subdivision, by Paramount Development, Inc. (File
No. CUP-O5-0J3)
We have reviewed the aforementioned applications and now offer the following as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the
Meridian City Council.
APPLICATION SUMMARY & BACKGROUND
The applicant, Paramount Development, has applied for Preliminary Plat and detailed Conditional Use
Permit (CUP) approval of twelve (12) office buildings on 4.31 acres in the L-O (Limited Office) zone. The
site includes a portion of the approved preliminary plat for Paramount Subdivision, approved in 2003 with
an associated Planned Development CUP. Paramount Subdivision included a wide range of uses, including
office, retail, multi-family, single family, and school sites and contained approximately 397 acres extending
from Linder Road to Meridian Road, north of McMillan Road. The Planned Development included
conceptual plans for future retail and office sites at various locations on the preliminary plat, with the
condition that "A new detailed CUP will be required prior to any development of any of the
office/retail/multi- family housing within the Paramount Subdivision" (Condition #3, Page 2 of 16, CUP-03-
008). As part ofthe CUP, the applicant has requested reduced rear setbacks for the buildings, and reduced
lot frontage in the L-O zone. (See chart below for a comparison and summary of proposed exceptions).
Street Frontage in LRO Zone-
PP-OS-Oll, CUP-OS-OB
Subdivision.PP.CUP.doc
Citv Minimum Requirement
Proposed Minimum
Julie
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 2
50 feet
0 feet
Building Setback in L-O Zone-
Citv Minimum ReQuirement
5 foot (side) (per story)
20 foot (rear)
Proposed Setback
5 feet (side) (not per story)
2 feet (rear)
(setbacks shall be measured
from any permanent part of a
building to property line)
Combined, the twelve office buildings total 41, 760 square-feet of office floor space. The site is located at
the northeast comer ofW. Cayuse Creek Drive and N. Linder Road, approximately one quarter-mile south of
Chinden Road (SH 20-26). This property is designated "Medium Density Residential" on the 2002
Comprehensive Plan Land Use Map and currently contains an existing rural residence and associated
accessory buildings.
The subject application was submitted to the Planning and Zoning Department for review. Staffhas provided
a detailed analysis and recommended conditions of approval for the requested conditional use permit
application below. Staffis recommending approval ofthe application, with the conditions outlined in
this report.
CURRENT OWNERS OF RECORD
Paramount Development Inc. is the current property owner, and David W. Turnbull, who is a registered
agent for Paramount Development Inc., has submitted notarized consent for Paramount Development, me. to
submit the subject application.
LOCATION & SURROUNDING USES
The subject property is located on the northwest comer ofW. Cayuse Creek Drive and N. Linder Road,
approximately one quarter-mile south of Chin den Road (SH 20-26), in Section 25, Township 4 North, Range
1 West, RM., Ada County, Idaho..
The following uses surround the subject property:
North - Vacant land, zoned L-O; existing rural residence, zoned L-O.
South - Portions of Paramount Subdivision, zoned L-O and R-4.
East - Future Church Site and residences in Paramount Subdivision, zoned L-O and R-4.
West - Linder Road and Lochsa Falls Subdivision, zoned R-4.
PRELIMINARY PLAT ANALYSIS
Sections 12-3-3.1.2 and l2-3-5.D of Meridian City Code read as follows: In determining the acceptance ofa
proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the
following:
1.
The conformance of the subdivision with the Comprehensive Development Plan;
PP-05-011, CUP-05-013
Subdivision.PP-CUP.doc
Julie
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 3
This site is designated as "Medium Density Residential" on the Comprehensive Plan Future Land
Use Map and zoned L-O. The L-O zoning was granted to the property through a "Use Exception"
that was approved as part ofthe Planned Development for Paramount Subdivision. The Applicant
has requested modifications to the standard setbacks and frontage requirements of the L-Q zone.
Please see Conditional Use Permit Analysis below for further assessment of the proposed
development and associated deviations from development standards.
Staff finds the following Goals, Objectives, and Action items contained in the 2002
Comprehensive Plan to be applicable to this application (staff analysis is in italics below
policy):
.
"Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII,
Goal IV, Objective D, Action item 2)
The Ada County Highway District previously approved the existing approach to W
Cayuse Creek Drive. The Applicant is not proposing any new curb cuts with the subject
development.
.
"Locate small scale neighborhood commercial areas within planned residential
developments as part of the development plan." (Chapter VII, Goal I, Objective B,
Action item 3)
.
"Locate new community commercial areas on arterials or collectors near residential
areas in such a way as to complement with adjoining residential areas." (Chapter VII,
Goal I, Objective B, Action item 5)
The subject property was identified in the Planned Development CUP for Paramount
Subdivision as "Village Mixed-Use Center: Linder Road" and is adjacent to Linder Road:
an arterial roadway.
Staff finds that ifthe Commission and Council grant the Applicant the requested modifications with
the CUP/PD, and the Applicant complies with the conditions included in this report, the lot
configuration and overall design of the subdivision would be in general conformance with the City of
Meridian Comprehensive Plan.
2.
The availability of public services to accommodate the proposed development;
1.
The subject site has adequate access to Linder Road via W. Cayuse Creek Drive. The City of
Meridian Fire and Police Departments currently monitor, service, and protect the subject
neighborhood. Sanitary Services Company currently provides refuse service to surrounding
properties. City sewer and water services are currently available to this site through stubs from
existing mains in W. Cayuse Creek Drive and Linder Road. The applicant will be responsible to
construct sewer mains to and through this proposed development. Subdivision designer to coordinate
PP-05-011, CUP-O5-013
Subdivision.PP.CUP.doe
Julie
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 4
main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian
standard fonns of easements, for any mains that are required to provide service. Cover over sanitary
sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If cover is less than
3-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian
Public Works Department's Standard Specifications.
On March 25,2005, ajoint agency/department comments meeting was held with representatives of
key service providers to this property. All of the detailed conditions from the Meridian Police
Department, Meridian Fire Department, and other agencies/departments are at the end of this report.
The Commission and Council should reference any written or verbal testimony submitted by the
Meridian Police Department, the Meridian Fire Department, the Meridian Parks Department, and any
other agency providing service to this site, regarding their ability to adequately service this project.
Staff finds that the subject property can be served adequately by all essential public facilities and
City services.
3.
The continuity of the proposed development with the capital improvement program;
Because the developer is installing sewer, water, utilities and ÜTÍgation, for the development at their
cost, staff finds that the subdivision will not conflict with the capital improvement program.
4.
The public Îmancial capability of supporting services for the proposed development;
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. Staff
recommends that the Commission and Council reference any written and/or verbal testimony
submitted by the Meridian Police and Fire Departments with regard to their capability to serve the
proposed development.
s.
The other health, safety or environmental problems that may be brought to the Commission's
attention.
Staff is not aware of any natural, scenic or historic features in the general vicinity of this project.
Staff finds that no site improvements associated with the application should damage natural, scenic
or historic features in the area.
SPECIAL CONSIDERATIONS- PRELIMINARY PLAT
1. Linder Road Future Ri!!ht-of-wav: Staff recommends that the applicant place the 23- feet of future
right-of-way requested by ACHD in a separate common lot which would be in addition to the
common lot for the required 25 foot street buffer. The City of Meridian is obligated to ensure
that once future right-of-way expansion takes place, the street buffer meets the requirements of
Meridian City Code. The sidewalk shall be constructed within the landscape buffer common lot
PP-05-011, CUP-05-013
Subdivision.PP .cUP .doc
Julie
5.
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 5
and the width of the sidewalk shall be excluded from the width of the buffer. See discussion
below under "Street Buffers". See Site Specific Conditions #12 and 14 below.
2.
Street Buffers: Linder Road abutting this site is designated as an arterial street. Meridian City Code
(MCC) 12-13-10-4 requires a 25-foot wide buffer along arterials. MCC 12-13-10-2 states that all
required street buffers shall be located beyond any street right -of-way and shall be maintained by the
property owner upon which the buffer lies. Meridian City Code 12-13-10-8 requires detached
sidewalks along all arterial streets in new developments. The minimum width ofthe parkway area
between the curb and the sidewalk is five feet. If detached sidewalks are provided as per MCC 12-
13-10-8, the buffer maybe measured from the back of curb when it can be demonstrated that there is
no opportunity for expansion of the street section within the right of way; the buffer width must
exclude the width of the sidewalk. No fences are permitted within required street buffers. Further,
MCC 12-13-10-6 requires street buffers to be planted with trees and shrubs, lawn, or other vegetative
groundcover, with a minimum density of one tree per 35 linear feet. The applicant shall be required
to place the additional 23 feet of future right-of-way along Linder Road in a separate common lot,
which shall be owned and maintained by the Business Owner's Association and said lot shall be in
addition to the common lot for the required 25-foot street buffer. See Site Specific Conditions #13
an 14 below.
3.
Revise Plans: The applicant shall modifY the site and landscape plans to reflect Preliminary Plat Site
Specific Conditions #8 and #9 below and submit 10 copies of a revised landscape plan. depicting the
above-mentioned changes. to the Citv Clerk at least 10 days prior to the next public hearing. See Site
Specific Condition #3 below.
4.
Perimeter Fencing: The applicant has proposed to construct a solid 6-foot vinyl fence around the
northern and eastern perimeter of the site. If permanent fencing is not provided, temporary
construction fencing to contain debris must be installed around the perimeter adjacent to the vacant
lands prior to issuance of a building permit. See Site Specific Condition #10 below.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a
year-round source of water (MCC 12-13-8.3). The applicant should 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
used, 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. An underground, pressurized irrigation system
should be installed to all landscape areas per the approved specifications and in accordance with
MCC 12-13-8 and MCC 9-1.28. See Site Specific Condition #9 below.
SITE SPECIFIC CONDITIONS- PRELIMINARY PLAT
1. All conditions of the previously approved Development Agreement, Paramount Subdivision (AZ-
03-006, CUP-03-008), and the current Conditional Use Permit (CUP-05-0B) application shall
also be considered conditions of the Preliminary Plat (PP-05-0l1).
PP-05-01I, CUP-O5-0l3
Subdivision.PP.CVP.doc
Julie
8.
9.
Planning & Zoning CommissionlMayor & City Council
Hearing Date: April 21, 2005
Page 6
2.
With the submittal of the final plat application, the applicant shall submit a copy of the Ada County
Street Name Committee's final approval letter for the subdivision name, and lot and block
numbering. Make any other coITections necessary to conform.
3.
Submit 10 copies of a revised site plan and landscape plan in conformance with this report and the
direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this
application.
4.
All imgation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans
will need to be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Warks Department. If
lateral users association approval cannot be obtained, plans will be reviewed and approved by the
City Engineer prior to final plat signature.
5.
City sewer and water services are currently available to this site through stubs from existing mains in
W. Cayuse Creek Drive and Linder Road. The applicant will be responsible to construct sewer
mains to and through this proposed development. Subdivision designer to coordinate main sizing and
routing with the Public Works Department. Applicant shall execute City of Meridian standard forms
of easements, for any mains that are required to provide service. Cover over sanitary sewer mains
shall be no less than 3-feet from finish grade to the top ofthe pipe. If cover is less than 3-feet from
the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works
Department's Standard Specifications.
6.
Revise the preliminary plat to graphically depict utility easements for the City of Meridian's sewer
and water mains in this development.
7.
Revise the following notes on the face of the preliminary plat
5.) Revise as follows: " subsurface infiltration facilities as approved by the City of Meridian
ACHD.
Revise the preliminary plat to show the means and location of the stonn drain facilities. A drainage
plan designed by a State ofIdaho 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 Storm Water Best Management Practices for Idaho Cities and Counties and
City of Meridian standards and policies. Off-site disposal into 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.
Underground year-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
PP-05-011, CUP-05-013
Subdivision.PP.CUP.doc
Julie
2.
3.
4.
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 7
of water. If the pressurized irrigation system within this development is to remain a private
homeowners' 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 ofthe 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.
If pennanent fencing is not provided, temporary construction fencing to contain debris must be
installed around the perimeter adjacent to the vacant lands prior to issuance of a building pennit.
11.
Direct lot access to Linder Road is prohibited.
12.
The applicant shall create a 25-foot common lot, which shall be owned and maintained by the
Business Owner's Association, along Linder Road for the required landscape buffer and detached
sidewalk, which lies to the east of the required future right-of-way lot.
13.
The applicant shall be required to place the additional 23 feet of future right-of-way along Linder
Road in a separate common lot, which shall be owned and maintained by the Business Owner's
Association and said lot shall be in addition to the common lot for the required 25-foot street buffer.
14.
The applicant shall establish a Business Owner's Association for the ownership and maintenance of
the common lots.
STANDARD CONDITIONS- PRELIMINARY PLAT
1. All grading of the site shall be perfonnedin confonnance with MCC ll-12-3H.
A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted
in this report, shall be submitted for the subdivision with the final plat application.
All stonn and drainage water shall be retained on site. A drainage plan designed by a State ofIdaho
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 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.
Applicant shall be responsible for application and compliance with any Section 404 Pennitting that
may be required by the Anny Corps of Engineers.
PP-05-011, CUP-05-013
Subdivision.PP.CUP.doc
Julie
12.
13.
14.
15.
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 8
5.
Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
6.
All development features shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
7.
Coordinate fire hydrant placement with the City of Meridian Public Works Department.
8.
Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. 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 from the Public Works
Department prior commencing installations.
9.
Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed. Required
landscaping trees will not be considered as replacement trees for those trees that have to be
mitigated.
10.
Any existing domestic wells and/or septic systems within this project will have to be removed from
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.
11.
Applicant's engineer will be required to submit a signed, stamped statement certifYing that all street
finish centerline elevations are set a minimum of three feet above the highest established nonnal
groundwater elevation.
The applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
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.
All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and
landscaping shall be installed and approved prior to obtaining certificates of occupancy.
Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
PP-O5-011, cUP-OS-O13
Subdivisioll.PP.CUP.doc
Julie
18.
19.
20.
21.
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 9
16.
All sidewalks shall be constructed in accordance with MCC l2-5-2.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).
17.
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 storms up to and including a 1O0-year storm events. Side slopes within drainage
areas shall not exceed 3: 1. 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 determining 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 normal groundwater elevation. This is to ensure that the bottom elevation of
the crawl spaces of homes is at least I-foot above groundwater.
The Applicant shall coordinate mailbox locations with the Meridian Post Office.
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.
Staffs failure to cite specific ordinance provisions or terms 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.
STANDARDS FOR CONDITIONAL USES
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 find
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;
The submitted site plan depicts 162 on-site parking stalls. MCC 11-13 -5 .R2 requires office uses to
provide one on-site parking space for every 400 square-feet of building (gross). Per this requirement,
the applicant would be required to provide 104 parking stalls (41,760 s.fbuilding/400 = 104 stalls)
on the property. MCC ll-13-3.A requires off-street parking facilities to be designed with appropriate
means of vehicular access to a street or alley, in a manner which will least interfere with traffic
movement. MCC ll-13-4.D requires all off-street parking areas to be paved. MCC 11-13-3 requires
parking spaces to be within 300-feet of the use served. MCC 11-13-4.F requires 90-degree parking
PP-05-011, CUP-05-013
Subdivision.PP.CUP.doc
Julie
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 10
stalls to be 9-feet wide and 19-feet long with a 25-foot wide drive aisle. The applicant has depicted
18- foot long parking stalls with 6- foot sidewalks, allowing for I-foot of vehicle overhang. This is an
acceptable alternative to 19- foot stalls with 5- foot sidewalks, provided the applicant be required to
install wheel blocks to prevent vehicles from overhanging the sidewalk more than one foot. Staff
finds that the applicant has shown enough parking to accommodate the proposed office uses and that
the parking as shown on the site plan complies with MCc.
The applicant has requested, and shown on the site plan, a lO-foot rear setback for the proposed
office buildings on Lots 11 and 12 as part of the detailed CUP approval. A 20-foot rear setback is
required in the L-Q zone (MCC 11-9-1), but setbacks can be modified through the Planned
development process, excluding those on the periphery on the Planned Development. MCC 12-6-
2.A.5 states: "Setbacks: Along the periphery of the planned development. the applicable setbacks as
established by the zoninl! district in which the project resides shall not be reduced." Requirements of
the Planned Development ordinance cannot be waived or modified through the Planned
Development CUP process; therefore, the applicant shall be required to modifY the site plan to show
a 20-foot rear setback on Lots 11 and 12 along the north property line. See Site Specific Condition
#3 below.
The developer of Paramount Subdivision installed the required landscaping adjacent to W. Cayuse
Creek Drive, and that landscaping currently exists adjacent to this site. The applicant is required to
provide additional landscaping within the parking areas and a 25- foot landscaped street buffer along
Linder Road. The applicant has shown on the plans a proposed 25-foot landscape buffer, which lies
within an area, denoted as "Future Right of Way" on the Preliminary Plat. MCC 12-13-10-2 requires
that "All street buffers shall be located beyond any street right of way and shall be maintained by the
property owner upon which the buffer lies." The applicant shall be required to: I. Place the Future
Right of Way in a separate platted lot in the subdivision (See Preliminary Plat Site Specific
Condition #9); 2. Provide the required landscape buffer outside ofthe Future Right of Way lot (See
Preliminary Plat Site Specific Condition #8).
Staff finds that the site is large enough to accommodate the proposed uses and all yards (setbacks),
open spaces, parking, landscaping and other features required by ordinance.
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;
This site is designated as "Medium Density Residential" on the Comprehensive Plan Future Land
Use Map and zoned L-Q. The L-Q zoning was granted to the property through a "Use Exception"
that was approved as part of the Planned Development for Paramount Subdivision. The applicant
stated in the February 14, 2005, application letter that "The uses will provide services (medical,
dental, optical, neighborhood retail, etc.) that will be complementary to the residents of the
surrounding area." Staff finds that the previous approval for the Planned Development did not
approve retail uses in this L-Q zone and that retail uses are not allowed in the L-Q zone per t:ill:
ZoninlZ Schedule of Use Control contained in MCC 11-8-1. The Development Agreement for
PP.O5-011, CUP.O5-013
Subdivision.PP.CUP.doc
Julie
E.
15.
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 11
Paramount Subdivision specifically states: "Uses Permitted By This Agreement: 4.1: The uses
allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance
codified at Meridian City Code Section 11-7-2 CD, F, G, and K) which are herein specified as
follows: Construction and development of a planned development consisting of 764 single-family
building lots, 73 townhouse lots, 270 apartments, 4 mixed-use areas with approximately 577,606 s.f.
of office and retail space, and 32 common lots on 392.17 acres in proposed R-8, R-40, L-O and C-G
zones." Staff finds that only uses permitted in the L-O zone shall be allowed in the proposed
development. See Site Specific Condition #4 below.
Staff finds that if the applicant complies with the conditions included in this report, the building
configurations and overall design of the development would be in general conformance with the City
of Meridian Comprehensive Plan and will be in general conformance with the requirements of the
Zoning Ordinance. Further, staff finds that the development plan is consistent with the recorded
zoning resolution, development agreement, and previous development approvals granted by the City
for this site.
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 ofthe general vicinity
and that such use will not adversely change the essential character of the same area;
Staff finds that the proposed office buildings should be compatible with other uses in the
neighborhood and with the intended character of the general vicinity, which includes a mix of
residential, commercial, office, and school uses. The Council and Commission should consider
public testimony when determining if the proposed use will adversely change the essential character
of the general vicinity.
D.
That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity;
Staff does not anticipate that the proposed use will have an adverse affect on other property in the
vicinity if designed, constructed, operated and maintained in accordance with the Site Specific and
General Conditions of approval. Staff recommends that the Commission and Council rely upon
public testimony, staff s analysis, and other agency comments when determining if the proposed uses
will adversely affect the other properties in the vicinity.
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;
The subject site has adequate access to Linder Road via W. Cayuse Creek Drive. The City of
Meridian Fire and Police Departments currently monitor, service, and protect the subject
neighborhood. Sanitary Services Company cUlTently provides refuse service to surrounding
PP-05-011, CUP-OS-O13
Subdivision_PP.CUP.doe
Julie
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 12
properties City sewer and water services are currently available to this site through stubs from
existing mains in W. Cayuse Creek Drive and Linder Road. The applicant will be responsible to
construct sewer mains to and through this proposed development. Subdivision designer to coordinate
main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian
standard forms of easements, for any mains that are required to provide service. Cover over sanitary
sewer mains shall be no less than 3-feet from finish grade to the top ofthe pipe. If cover is less than
3-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian
Public Works Department's Standard Specifications.
On March 25,2005, a joint agency/department comments meeting was held with representatives of
key service providers to this property. All of the detailed conditions from the Meridian Police
Department, Meridian Fire Department, and other agencies/departments are at the end ofthis report.
The Commission and Council should reference any written or verbal testimony submitted by the
Meridian Police Department, the Meridian Fire Department, the Meridian Parks Department, and any
other agency providing service to this site, regarding their ability to adequately service this project.
Staff finds that the subject property can be served adequately by all essential public facilities and
City services.
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.
G.
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;
Staff does not anticipate that the proposed uses, will be detrimental to the general welfare of the
community by means of producing excessive traffic, noise, smoke, fumes, glare or odors generated
by the proposed uses.
H.
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;
The applicant is not proposing to construct any new vehicular approaches int%ut of the
property. ACHD considers vehicular approaches in their analysis of projects and has previously
PP-05-011, CUP-05-0 13
Subdivision.PP.CVP.doc
Julie
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 13
approved the access points for this parcel. The applicant is proposing to utilize the previously
approved access point to W. Cayuse Creek Drive. Staff finds that the proposed use and
associated approaches will not create interference with any traffic on the surrounding public
streets.
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.
Staff is not aware of any natural, scenic or historic features in the general vicinity of this project.
Staff finds that no site improvements associated with the application should damage natural, scenic
or historic features in the area.
SPECIAL CONSIDERATIONS- CONDITIONAL USE PERMIT
I. Building Setbacks: The applicant has requested, and shown on the site plan, a 1 a-foot rear setback
for the proposed office buildings on Lots 11 and 12 as part of the detailed CUP approval. A 20-foot
rear setback is required in the L-O zone (MCC 11-9-1), but setbacks can be modified through the
Planned development process, excluding those on the periphery on the Planned Development. MCC
l2-6-2.A.5 states: "Setbacks: Along the ueriuherv of the planned develoument. the auulicable
setbacks as established by the zoning district in which the Dfoiect resides shall not be reduced."
Requirements of the Planned Development ordinance cannot be waived or modified through the
Planned Development CUP process; therefore, the applicant shall be required to modify the site plan
to show a 20-foot rear setback on Lots 11 and 12 along the north property line. See Site Specific
Condition #3 below.
2.
No Retail Use: The only uses allowed in the proposed development shall be those for the L-Q zone
contained in the Zoning Schedule of Use Control (MCC 11-8-1). See Site Specific Condition #4
below.
3.
Parking Suace Dimensions: The applicant has shown l8-foot long parking stalls adjacent to 6-foot
sidewalks on the site and landscape plans submitted with the application. MCC ll-13-4.F requires
90-degree parking stalls to be 9-feet wide and 19-feet long with a 25-foot wide drive aisle. In the
past staff has approved of l7-foot parking stalls with 2-feet of overhang adjacent to 7-foot sidewalks.
Staff can support the applicants proposal for 18- foot parking stalls with I-foot of overhang onto the
6-foot sidewalks if the applicant is required to provide wheel blocks to prevent vehicles from
overhanging the sidewalk more than one foot. See Site Specific Condition #5.
4.
Trash: SSC has expressed a concern that the enclosures are not located to minimize service vehicle
backing-up requirements. Large waste vehicles have blind spots when backing up is required. 98% of
waste vehicle accidents occur when backing-up. Please contact Bill Gregory at SSC (888-3999) to
discuss this matter prior to the next public hearing. MCC requires all trash and/or garbage collection
areas for commercial, industrial, and multi-family residential uses to be enclosed on at least three (3)
sides by a solid wall or fence of at least four feet (4') in height or within an enclosed building or
structure. See Site Specific Condition #5 below.
PP-05-011, CUP-O5-013
Subdivision.PP.CUP.doc
Julie
7.
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 14
SITE SPECIFIC CONDITIONS- CONDITIONAL USE PERMIT
I. All conditions of the previously approved Development Agreement, Paramount Subdivision (AZ-
03-006, CUP-03-008), and the current Preliminary Plat (PP-05-0ll) application shall also be
considered conditions of the Conditional Use Permit (PP-05-013).
2.
Submit 10 copies of a revised site plan and landscape plan in conformance with this report and the
direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this
application.
3.
A minimum 20- foot wide rear building setback shall be maintained to the north property line on Lots
11 and 12. Reduced rear setbacks on Lots 1-10 are approved per the submitted Planned
Development site plan dated February 2005.
4.
The only uses allowed in the proposed development shall be those for the L-O zone contained in the
Zoning Schedule of Use Control (MCC 11-8-1).
5.
The 90-degree parking stalls are approved as l8-feet long with 6-foot sidewalks directly adjacent,
adjacent to a 25-foot wide drive aisle. The applicant shall be required to install wheel blocks that
prevent vehicles from overhanging more than one foot onto the adjacent sidewalk. All parking
and areas of circulation should be paved, striped, and meet the minimum dimensional
requirements of Meridian City Code. All landscape areas adjacent to driveways, parking lots, or
other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective
devices. Curbing may be cut to allow for storm water runoff.
6.
The construction of the proposed office buildings shall substantially comply with the undated
elevations on file with the City. Construction materials used on the structures shall be approved
by City of Meridian Building Department and be in accordance with the most recent Uniform
Building Code. If any significant modification(s) to the approved architectural design features
and/or materials, as determined by the Planning Director, are requested for building(s) in the
future, the property owner shall be required to submit a CUP modification.
5.
SSC has expressed a concern that the enclosures are not located to minimize service vehicle backing-
up requirements. Large waste vehicles have blind spots when backing up is required. 98% of waste
vehicle accidents occur when backing-up. Please contact Bill Gregory at SSC (888-3999) to discuss
this matter prior to the next public hearing.
No signs are approved with this CUP. All signage shall be in accordance with the standards set forth
in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design
review and shall require separate permits. Temporary or portable signs shall be prohibited, and will
be removed upon three (3) days notice to the applicant.
STANDARD CONDITIONS- CONDITIONAL USE PERMIT
PP-O5-011, CUP-O5-013
Subdivision.PP.CUP.doc
Julie
7.
8.
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 15
L
Down-shield or otherwise alter all exterior lighting, whether attached to the building or located
within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way.
All parking lot lighting shall be in accordance with Ordinance ll-14-4.c.
2.
All building and site improvement construction shall conform to the requirements of the Americans
with Disabilities Act.
3.
Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City
Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater treatment and disposal must
be designed in accordance with Department of Environmental Quality 1997 publication Catalog of
Storm 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.
4.
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).
5.
A building permit shall be obtained prior to the start of construction.
6.
All required improvements must be complete prior to obtaining a Certificate of Occupancy for the
proposed development. A temporary Certificate of Occupancy may be obtained by providing surety
to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required
improvements (including paving, striping, landscaping, and inigation). A bid must accompany any
request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the
required improvements.
This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction on
the first phaselbuilding has not begun within this timeframe, a new Conditional Use Permit must be
obtained prior to the start of development.
As part of a Conditional Use Permit, the City of Meridian may Impose additional
restri ctions/ conditions.
Other A!!encv/Deoartment Comments & Conditions
SANITARY SERVICES COMPANY (SSC)
L Waste enclosure locations: There is a concern that the enclosures are not located to minimize service
vehicle backing-up requirements. Large waste vehicles have blind spots when backing up is required.
98% of waste vehicle accidents occur when backing-up. Please contact Bill Gregory at SSC (888-3999)
to discuss this matter prior to the next public hearing.
PP-05-011, CUP-05-013
Subdivision.PP.CUP.doc
Julie
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 16
2. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped
(approved) plans with your certificate of zoning compliance application.
MERIDIAN PARKS DEPARTMENT
1. The Parks Department has no concerns with the site design as submitted with the application.
MERIDIAN FIRE DEPARTMENT
1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side ofthe hydrant
location.
e. Fire Hydrants shall be placed on comers when spacing pennits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius.
4. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance
with Appendix D Section D103.6 Signs.
5. Fire lanes and streets shall have a vertical clearance of 13' 6". This includes mature landscaping.
6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
7. Commercial and office occupancies will require a fire-flow consistent with the International Fire
Code to service the proposed project Fire hydrants shall be placed per Appendix D.
8. The 12 office/commerciallots lot will have an unknown transient population and will have an unknown
impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced
2397 responses in the year 2003. 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.
9. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is
subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on
PP-O5-011, CUP~05-013
Subdivision.PP.CUP.doc
Julie
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 17
a request for Basic Life Support. The budget constraints are typically defined as capital outlay for
facilities that are located within 1.5 miles from a given location and sufficient operational funds to
staff the facilities.
10. Maintain a separation of 5' from the building to the dumpster enclosure.
11. Provide a Knoxbox entry system for the complex prior to occupancy.
12. The applicant shall work with city staff to provide an address identification plan including a
pylon/monument sign at the required intersection(s).
13. All aspects of the building systems (including exiting systems), processes & storage practices shall be
required to comply with the International Fire Code.
14. Provide exterior egress lighting as required by the International Building & Fire Codes.
15. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction
is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an
approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be
provided where required by the code official. For buildings equipped throughout with an approved
automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance
requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3 .1.2, the distance requirement shall be 600 feet (183
m).
16. There shall be a fire hydrant within 100' of all fire department connections.
RECOMMENDATION
Staff recommends approval ofthe submitted Preliminary Plat (PP-OS-Oll) and Conditional Use
Permit (CUP-OS-O13) applications, with the conditions listed herein.
PP-05-011, CUP-05-013
Subdivision.PP.CUP-doc
Julie
~ CENTRAL
ŒB~ð1r~
CENTRAL DISTRrCT HEALTH DEPARTMENT
Environmental Health DivisiorRECEIVED
APR - 6 2005
Rezone #
Conditional Use #
Preliminary / Final/Short ~ I jJ éJS - ¿J II
\TtLt..1 E $u/d D/V/.5//J/t/
City of Merjdiar.
C;ly Cleo Ie Offi,- :.
Return to:
0 Boise
0 Eagle
~"Garden City
~Meridian
0 Kuna
DACZ
0 Star
0 1. We have No Objections to this Proposal.
0 2. We recommend Denial of this Proposal.
0 3. Specific knowledge as to the exact type of use must be provided befo.re we can comment on this Proposal.
0 4. We will require more data concerning soil conditions on this Proposal before we can comment.
05.
Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
0 high seasonal ground water 0 waste flow characteristics
0 or bedrock from original grade 0 other
0 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
0 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
~ 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
~ central sewage § community sewage system 0 community water well
0 interim sewage central water
0 individual sewage individual water
ø 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division~f nvironmental Quality:
central sewage Q, community sewage system 0 community water
sewage dry lines JQ. central water
Run-off is not to create a mosquito breeding problem.
)&10.
0 11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
0 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
0 13. We will require plans be submitted for a plan review for any:
0 food establishment 0 swimming pools or spas
0 beverage establishment 0 grocery store
0 child care center
~ 14. Please see attached stormwater management recommendations
015.
Date~Ð'¥
Reviewed By: 'I!J Itc.
15726.001EHO904
Review Sheet
"~ CENTRAL
ûiBtðìI~
MAIN OFFICE. 707 N. ARMSTRONG PL. . BOISE, ID 83704-0825 . (208) 375-5211 . FAX 327-8500
To prevent and treat disease and disability; to promote Ilea/tlly lifestyles; and to protect and promote tile lIealtll and quality of our environment.
STORM WATER MANAGEMENT RECOMMENDATIONS
It is recommended that storm water be pre-treated prior to discharge to the
subsurface to prevent impact to ground water and surface water quality. The
engineers and architects involved with the design of this proj ect should
obtain current best management practices for storm water disposal and design
a storm water management system that is preventing groundwater and surface
water degradation. Manuals that could be used for guidance are:
State of Idaho Catalog of Stormwater Best Management Practices For
Idaho Cities and Counties.
Prepared by the Idaho Department of Environmental Quality, July
1997.
Stormwater Best Management Practices Guidebook.
Prepared by City of Boise Public Works Department, May 2000:
Ada I Boise County Office
707 N. Annstrong PI.
Boise, 10 83704
Enviro. Health: 327-7499
Family Planning: 327.7400
Immunizations: 327-7450
Senior Nutrition: 327-7460
WIC: 327.7488
FAX: 327-8500
Servillg Valley, Elmore, Boise, and Alia COUll ties
Elmore County Office
520 E. 8th St. North
Mountain Home, 10 83647
Enviro. Health: 587-9225
Family Health: 587-4407
WIC: 587-4409
FAX: 587-3521
Valley County Office
703N.1stSt.
P.O. Box 1448
McCall, 10 83638
Ph. 634-7194
FAX: 634-2174
Lond. 12 ",v o.n.
PP 05-011
MERIDIAN PLANNING & ZONING MEETING
June 2, 2005
APPLICANT Paramount Development, Inc. ITEM NO. 4
REQUEST Continued Public Hearing from April 21, 2005 - Request for Preliminary Plat
approval of 12 building lots on 4.31 acres in a L-O zone for Julie Subdivision - northeast
corner of North Linder Road and West Cayuse Creek Drive
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
See Previous Item Packet / Minutes
CITY PLANNING DIRECTOR:
CITY ATTORNEY
See attached staff Report. REVISED
CITY POLICE DEPT:
CITY FIRE DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
~~~~~
M~{Ç)~
~~ ~
~\J
S'Æ)
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS'IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER: ~
Contacted: ~~\V ~'f\\Ñ\'I\
Emailed:
Date:~\~
Staff Initials:
Phone: ~
Materials presented at public meetings sholl become property of the City of Meridian.
--<"'.
MAYOR
Talmny de Weerd
-,
CITY COUNCIL MEMBERS
Keith Bird
Christine Doilliell
Shaun Wardle
ChMlesM. Rounœee
/
.,~ '
,"~
otre7;d¡;[it ~- ~
IDAHO
CITY HALL
(208) 888-4433 - Fax 887-4813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 - Fax 898-9551
. ..
.~
\
V
v.
J
LEGAL DEPARTMENT
(208) 888-4433 - FAX 887-4813
.. 1'RE.-.sUf{E y.ø~ . Sl~f
',1903
STAFF REPORT:
To:
P & Z Hearing Date: June 2, 2005
Transmittal Date: May 26, 2005
Mayor, City Council and Planning & Zoning Commission
Josh Wilson, Associate City Plannof~
Michael Cole, Development Services Coordinator M c..
From:
Subject:
"RECEIVED
MAY 2 7 2005
Julie Subdivision- REVISED
City Of Meridian
City Clerk Office
.
.
Preliminary Plat Approval of Twelve (12) building lots on 4.31 acres in ~ L-O Zone
for Julie Subdivision, by Paramount Development, Inc. (File No. PP-O5-0JJ)
Detailed Conditional Use Permit (CUP) Approval for Twelve (12) Office Buildings
with reductions to the minimum requirements for street frontage and building
setbacks in a L-O zone, for Julie Subdivision, by Paramount Development, Inc. (File
No. CUP-O5-0J3)
We have reviewed the aforementioned applications and now offer the following as conditions of the
applicant. These conditions shall be considered infull, unless expressly modified or deleted by motion of the
Meridian City Council.
APPLICATION SUMMARY & BACKGROUND
The applicant, Paramount Development, has applied for Preliminary Plat and detailed Conditional Use
Permit (CUP) approval of twelve (12) office buildings on 4.31 acres in the L-Q (Limited Office) zone. The
site includes a portion of the approved preliminary plat for Paramount Subdivision, approved in 2003 with
an associated Planned Development CUP. Paramount Subdivision included a wide range of uses, including
office, retail, multi-family, single family, and school sites and contained approximately 397 acres extending
from Linder Road to Meridian Road, north of McMillan Road. The Planned Development included
conceptual plans for future retail and office sites at various locations on the preliminary plat, with the
condition that "A new detailed CUP will be required prior to any development of any of the
office/retail/multi-family housing within the Paramount Subdivision" (Condition #3, Page 2 of16, CUP-03-
008). As part of the CUP, the applicant has requested reduced rear setbacks for the buildings, and reduced
lot frontage in the L-O zone. (See chart below for a comparison and summary of proposed exceptions).
Street Frontage in L-O Zone-
PP-05-011, CUP-05-013
Subdivision.PP.CUP.doc
City Minimum ReQuirement
Proposed Minimum
Julie
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 2
-,/
50 feet
0 feet
Building Setback in L-O Zone-
City Minimum Reoufrement
5 foot (side) (per story)
20 foot (rear)
Proposed Setback
5 feet (side) (not per story)
2 feet (rear)
(setbacks shall be measured
from any permanent part of a
building to property line)
Combined, the twelve office buildings total 41, 760 square-feet of office floor space. The site is located at
the northeast comer ofW. Cayuse Creek Drive and N. Linder Road, approximately one quarter-mile south of
Chinden Road (SH 20-26). This property is designated "Medium Density Residential" on the 2002
Comprehensive Plan Land Use Map and cun-ently contains an existing rural residence and associated
accessory buildings.
The subject application was submitted to the Planning and Zoning Department for review. Staffhas provided
a detailed analysis and recommended conditions of approval for the requested conditional use permit
application below. Staff is recommending approval of the application, with the conditions outlined in
this report.
CURRENT OWNERS OF RECORD
Paramount Development Inc. is the cun-ent property owner, and David W. Turnbull, who is a registered
agent for Paramount Development Inc., has submitted notarized consent for Paramount Development, Inc. to
submit the subject application.
LOCATION & SURROUNDING USES
The subject property is located on the northwest comer ofW. Cayuse Creek Drive and N. Linder Road,
approximately one quarter-mile south of Chinden Road (SH 20-26), in Section 25, Township 4 North, Range
1 West, B.M., Ada County, Idaho..
The following uses sun-ound the subject property:
North - Vacant land, zoned L-O; existing rural residence, zoned L-O.
South - Portions of Paramount Subdivision, zoned L-O and R-4.
East - Future Church Site and residences in Paramount Subdivision, zoned L-O and R-4.
West - Linder Road and Lochsa Falls Subdivision, zoned R-4.
PRELIMINARY PLAT ANALYSIS
Sections l2-3-3.J.2 and l2-3-5.D of Meridian City Code read as follows: In determining the acceptance of a
proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the
following:
1.
The conformance of the subdivision with the Comprehensive Development Plan;
PP-OS-Oll, CUP-OS-o13
Subdivision.PP.CUP.doc
Julie
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 3
This site is designated as "Medium Density Residential" on the Comprehensive Plan Future Land
Use Map and zoned L-O. The L-O zoning was granted to the property through a "Use Exception"
that was approved as part ofthe Planned Development for Paramount Subdivision. The Applicant
has requested modifications to the standard setbacks and frontage requirements of the L-O zone.
Please see Conditional Use Permit Analysis below for further assessment of the proposed
development and associated deviations from development standards.
Staff finds the following Goals, Objectives, and Action items contained in the 2002
Comprehensive Plan to be applicable to this application (staff analysis is in italics below
policy):
.
"Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII,
Goal IV, Objective D, Action item 2)
The Ada County Highway District previously approved the existing approach to W
Cayuse Creek Drive. The Applicant is not proposing any new curb cuts with the subject
development.
. "Locate small scale neighborhood commercial areas within planned residential
developments as part of the development plan." (Chapter VII, Goal I, Objective B,
Action item 3)
.
"Locate new community commercial areas on arterials or collectors near residential
areas in such a way as to complement with adjoining residential areas." (Chapter VII,
Goal I, Objective B, Action item 5)
The subject property was identified in the Planned Development CUP for Paramount
Subdivision as "Village Mixed-Use Center: Linder Road" and is adjacent to Linder Road,
an arterial roadway.
Staff finds that if the Commission and Council grant the Applicant the requested modifications with
the CUP/PD, and the Applicant complies with the conditions included in this report, the lot
configuration and overall design of the subdivision would be in general conformance with the City of
Meridian Comprehensive Plan.
2.
The availability of public services to accommodate the proposed development;
The subject site has adequate access to Linder Road via W. Cayuse Creek Drive. The City of
Meridian Fire and Police Departments currently monitor, service, and protect the subject
neighborhood. Sanitary Services Company currently provides refuse service to surrounding
properties. City sewer and water services are currently available to this site through stubs from
existing mains in W. Cayuse Creek Drive and Linder Road. The applicant will be responsible to
construct sewer mains to and through this proposed development. Subdivision designer to coordinate
PP-OS-Oll, CUP-OS-OI3
Subdivision.PP.CUP.doc
Julie
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main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian
standard fonns of easements, for any mains that are required to provide service. Cover over sanitary
sewer mains shall be no less than 3-feet ITom finish grade to the top of the pipe. If cover is less than
3-feet ITom the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian
Public Works Department's Standard Specifications.
On March 25, 2005, a joint agency/department comments meeting was held with representatives of
key service providers to this property. All of the detailed conditions ITom the Meridian Police
Department, Meridian Fire Department, and other agencies/departments are at the end ofthis report.
The Commission and Council should reference any written or verbal testimony submitted by the
Meridian Police Department, the Meridian Fire Department, the Meridian Parks Department, and any
other agency providing service to this site, regarding their ability to adequately service this project.
Staff finds that the subject property can be served adequately by all essential public facilities and
City services.
3.
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.
4.
The public Îmancial capability of supporting services for the proposed development;
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. Staff
recommends that the Commission and Council reference any written and/or verbal testimony
submitted by the Meridian Police and Fire Departments with regard to their capability to serve the
proposed development.
5.
The other health, safety or environmental problems that may be brought to the Commission's
attention.
Staff is not aware of any natural, scenic or historic features in the general vicinity of this project.
Staff finds that no site improvements associated with the application should damage natural, scenic
or historic features in the area.
SPECIAL CONSIDERATIONS- PRELIMINARY PLAT
1. Linder Road Future Right-of-wav/Sidewalk: Staff recommends that the applicant place the 23-
feet of future right-of-way requested by ACHD in a separate common lot, which would be in
addition to the common lot for the required 35-foot street buffer. The City of Meridian is
obligated to ensure that once future right-of-way expansion takes place, the street buffer meets the
requirements of Meridian City Code. Per ACHD requirements for the approved Paramount
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4.
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Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 5
Subdivision, the applicant shall construct a minimum 5' sidewalk along Linder Road, located a
minimum of 4l~feet (41') from the centerline of the right of way which ties into the existing
sidewalk on the south. See also discussion below under" Street Buffers". See Site Specific
Conditions # 13 and 14 below.
2.
Street Buffers: Linder Road abutting this site is designated as an entryway corridor in the 2002 City
of Meridian Comprehensive Plan. Meridian City Code (MCC) 12-13-10-4 requires a 35-foot wide
buffer along entryway corridors (as identified in the Comprehensive Plan). The previously issued
staff report incorrectly stated that the required street buffer along Linder Road would be 25-feet.
M CC 12-13 -10-2 states that all required street buffers shall be located beyond any street right -of-way
and shall be maintained by the property owner upon which the buffer lies. Meridian City Code 12-
13-10-8 requires detached sidewalks along all arterial streets in new developments. The minimum
width of the parkway area between the curb and the sidewalk is five feet. If detached sidewalks are
provided as per MCC 12-13-10-8, the buffer may be measured fÌ'om the back of curb when it can be
demonstrated that there is no opportunity for expansion ofthe street section within the right of way.
No fences are permitted within required street buffers. Further, MCC 12-13-10-6 requires street
buffers to be planted with trees and shrubs, lawn, or other vegetative ground cover, with a minimum
density of one tree per 35 linear feet. The applicant shall be required to place the 35-foot landscape
bufer in a separate common lot, which shall be owned and maintained by the Business Owner's
Association, and said lot shall be in addition to the common lot for the required 23 feet of future
right of way. The applicant shall be required to reconfigure the proposed buildings to move them
outside of the required street buffer and submit plans showing the revisions prior to the City Council
hearing. See Site Specific Condition #12 below.
3.
Revise Plans: The applicant shall modify the site and landscape plans to reflect Preliminary Plat Site
Specific Conditions #12-14 below and submit 10 copies of a revised landscape plan. depicting the
above-mentioned changes. to the City Clerk at least 10 days prior to the next public hearing. See Site
Specific Condition #3 below.
Perimeter Fencing: The applicant has proposed to construct a solid 6-foot wood fence on the
northern perimeter of the site. If permanent fencing is not provided, temporary construction fencing
to contain debris must be installed around the perimeter adjacent to the vacant lands prior to issuance
of a building permit. See Site Specific Condition #10 below.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a
year-round source of water (MCC 12-13-8.3). The applicant should 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
used, 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. An underground, pressurized irrigation system
should be installed to all landscape areas per the approved specifications and in accordance with
MCC 12-13-8 and MCC 9-1-28. See Site Specific Condition #9 below.
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Hearing Date: April 21, 2005
Page 6
SITE SPECIFIC CONDITIONS- PRELIMINARY PLAT
I. All conditions of the previously approved Development Agreement, Paramount Subdivision (AZ-
03-006, CUP-03-008), and the current Conditional Use Permit (CUP-05-013) application shall
also be considered conditions of the Preliminary Plat (PP-05-0ll).
2.
With the submittal of the final plat application, the applicant shall submit a copy of the Ada County
Street Name Committee's final approval letter for the subdivision name, and lot and block
numbering. Make any other corrections necessary to conform.
3.
Submit 10 copies of a revised site plan and landscape plan in conformance with this report and the
direction of the Planning & Zoning Commission at least 10 days prior to the City Council hearing on
this application.
4.
All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13. Plans
will need to be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department. If
lateral users association approval cannot be obtained, plans will be reviewed and approved by the
City Engineer prior to final plat signature.
5.
City sewer and water services are currently available to this site through stubs from existing mains in
W. Cayuse Creek Drive and Linder Road. The applicant will be responsible to construct sewer
mains to and through this proposed development. Subdivision designer to coordinate main sizing and
routing with the Public Works Department. Applicant shall execute City of Meridian standard forms
of easements, for any mains that are required to provide service. Cover over sanitary sewer mains
shall be no less than 3-feet from finish grade to the top ofthe pipe. If cover is less than 3-feet from
the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works
Department's Standard Specifications.
6.
Revise the preliminary plat to graphically depict utility easements for the City of Meridian's sewer
and water mains in this development.
Revise the following notes on the face of the preliminary plat
5.) Revise as follows: "subsurface infiltration facilities as approved by the City of Meridian
ACHD.
Revise the preliminary plat to show the means and location of the storm drain facilities. A drainage
plan designed by a State ofIdaho 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. Storm water treatment and
disposal must be designed in accordance with Department of Environmental Quality 1997
publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and
City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the
jurisdiction which has authority over the receiving stream provides written authorization prior to
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13.
14.
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Hearing Date: April 21, 2005
Page 7
development plan approval. The applicant is responsible for filing all necessary applications with
the Idaho Department of Water Resources regarding Shallow Injection Wells.
9.
Underground year-round pressurized inigation 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 inigation system within this development is to remain a private
homeowners' 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.
If permanent fencing is not provided, temporary construction fencing to contain debris must be
installed around the perimeter adjacent to the vacant lands prior to issuance of a building permit.
11.
Direct lot access to Linder Road is prohibited.
12.
The applicant shall create a 35-foot common lot, which shall be owned and maintained by the
Business Owner's Association, along Linder Road for the required landscape buffer which lies to the
east of the required future right-of-way lot. The applicant shall be required to reconfigure the
proposed buildings to move them outside of the required street buffer and submit plans showing the
revisions prior to the City Council hearing.
The applicant shall construct a minimum 5' sidewalk along Linder Road, located a minimum of 41-
feet (41 ') from the centerline ofthe right of way which ties into the existing sidewalk on the south.
The applicant shall be required to place the additional 23 feet of future right-of-way along Linder
Road in a separate common lot, which shall be owned and maintained by the Business Owner's
Association and said lot shall be in addition to the common lot for the required 35- foot street buffer
The applicant shall establish a Business Owner's Association for the ownership and maintenance of
the common lots.
STANDARD CONDITIONS- PRELIMINARY PLAT
1. All grading of the site shall be performed in conformance with MCC ll-12-3H.
2.
3.
A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted
in this report, shall be submitted for the subdivision with the final plat application.
All storm and drainage water shall be retained on site. A drainage plan designed by a State ofIdaho
licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557,
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11.
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Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 8
10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in
accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water
Best Management Practices for Idaho Cities and Counties and City of Meridian standards and
policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority
over the receiving stream provides written authorization prior to development plan approva1. The
applicant is responsible for filing all necessary applications with the Idaho Department of Water
Resources regarding Shallow Injection Wells.
4.
Applicant shall be responsible for application and compliance with any Section 404 Permitting that
may be required by the Army Corps of Engineers.
5.
Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
6.
All development features shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
7.
Coordinate fire hydrant placement with the City of Meridian Public Works Department
8.
Two-hundred-fiftyand one-hundred-watt, high-pressure sodium streetlights will be required at
locations designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final
design locations and quantity are determined after power designs are completed by Idaho Power
Company. The street light contractor shall obtain design and permit from the Public Works
Department prior commencing installations.
9.
Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed. Required
landscaping trees will not be considered as replacement trees for those trees that have to be
mitigated.
Any existing domestic wells and/or septic systems within this project will have to be removed from
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.
Applicant's engineer will be required to submit a signed, stamped statement certifying that all street
finish centerline elevations are set a minimum of three feet above the highest established normal
groundwater elevation.
The applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
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18.
19.
20.
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Hearing Date: April 21, 2005
Page 9
B.
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.
14.
All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and
landscaping shall be installed and approved prior to obtaining certificates of occupancy.
15.
Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
16.
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).
17.
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 storms up to and including a lOa-year storm events. Side slopes within drainage
areas shall not exceed 3: 1. 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 determining 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 normal groundwater elevation.
The Applicant shall coordinate mailbox locations with the Meridian Post Office.
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.
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.
STANDARDS FOR CONDITIONAL USES
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 find
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,
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Page 10
parking, landscaping and other features as may be required by this ordinance;
The submitted site plan depicts 162 on-site parking stalls. MCC ll-13-5.B.2 requires office uses to
provide one on-site parking space for every 400 square-feet of building (gross). Per this requirement,
the applicant would be required to provide 104 parking stalls (41,760 s.fbuilding/400 = 104 stalls)
on the property. MCC ll-13-3.A requires off-street parking facilities to be designed with appropriate
means of vehicular access to a street or alley, in a manner which will least interfere with traffic
movement. MCC ll-13-4.D requires all off-street parking areas to be paved. MCC 11-13-3 requires
parking spaces to be within 300-feet ofthe use served. MCC ll-13-4.F requires 90-degree parking
stalls to be 9-feet wide and 19-feet long with a 25-foot wide drive aisle. The applicant has depicted
18- foot long parking stalls with 6- foot sidewalks, allowing for I-foot of vehicle overhang. This is an
acceptable alternative to 19- foot stalls with 5- foot sidewalks, provided the applicant be required to
install wheel blocks to prevent vehicles from overhanging the sidewalk more than one foot. Staff
finds that the applicant has shown enough parking to accommodate the proposed office uses and that
the parking as shown on the site plan complies with MCC.
The applicant has requested, and shown on the site plan, a 10-foot rear setback for the proposed
office buildings on Lots 11 and 12 as part ofthe detailed CUP approval. A 20-foot rear setback is
required in the L-O zone (MCC 11-9-1), but setbacks can be modified through the Planned
development process, excluding those on the periphery on the Planned Development. MCC 12-6-
2.A.5 states: "Setbacks: Along the periphery ofthe planned development. the applicable setbacks as
established by the zoning district in which the prol ect resides shall not be reduced." Requirements of
the Planned Development ordinance cannot be waived or modified through the Planned
Development CUP process; therefore, the applicant shall be required to modifY the site plan to show
a 20-foot rear setback on Lots 11 and 12 along the north property line. See Site Specific Condition
#3 below.
The developer of Paramount Subdivision installed the required landscaping adjacent to W. Cayuse
Creek Drive, and that landscaping cunently exists adjacent to this site. The applicant is required to
provide additional landscaping within the parking areas and a 25- foot landscaped street buffer along
Linder Road. The applicant has shown on the plans a proposed 25-foot landscape buffer, which lies
within an area, denoted as "Future Right of Way" on the Preliminary Plat MCC 12-13-10-2 requires
that "All street buffers shall be located beyond any street right of way and shall be maintained by the
property owner upon which the buffer lies." The applicant shall be required to: 1. Place the Future
Right of Way in a separate platted lot in the subdivision (See Preliminary Plat Site Specific
Condition #9); 2. Provide the required landscape buffer outside of the Future Right of Way lot (See
Preliminary Plat Site Specific Condition #8).
Staff finds that the site is large enough to accommodate the proposed uses and all yards (setbacks),
open spaces, parking, landscaping and other features required by ordinance.
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;
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Planning & Zoning Commission/Mayor & City Council
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This site is designated as "Medium Density Residential" on the Comprehensive Plan Future Land
Use Map and zoned L-O. The L-O zoning was granted to the property through a "Use Exception"
that was approved as part of the Planned Development for Paramount Subdivision. The applicant
stated in the February 14, 2005, application letter that "The uses will provide services (medical,
dental, optical, neighborhood retail, etc.) that will be complementary to the residents of the
surrounding area." Staff finds that the previous approval for the Planned Development did not
approve retail uses in this L-O zone and that retail uses are not allowed in the L-O zone per the
Zoning Schedule of Use Control contained in MCC 11-8-1. The Development Agreement for
Paramount Subdivision specifically states: "Uses Pennitted By This Agreement: 4.1: The uses
allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance
codified at Meridian City Code Section 11-7-2 (D, F, G, and K) which are herein specified as
follows: Construction and development ofa planned development consisting of764 single-family
building lots, 73 townhouse lots, 270 apartments, 4 mixed-use areas with approximately 577,606 s.f
of office and retail space, and 32 common lots on 392.17 acres in proposed R -8, R -40, L-O and C-G
zones." Staff finds that only uses pennitted in the L-O zone shall be allowed in the proposed
development. See Site Specific Condition #4 below.
Staff finds that if the applicant complies with the conditions included in this report, the building
configurations and overall design ofthe development would be in general confonnance with the City
of Meridian Comprehensive Plan and will be in general confonnance with the requirements of the
Zoning Ordinance. Further, staff finds that the development plan is consistent with the recorded
zoning resolution, development agreement, and previous development approvals granted by the City
for this site.
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 ofthe general vicinity
and that such use will not adversely change the essential character of the same area;
Staff finds that the proposed office buildings should be compatible with other uses in the
neighborhood and with the intended character of the general vicinity, which includes a mix of
residential, commercial, office, and school uses. The Council and Commission should consider
public testimony when detennining if the proposed use will adversely change the essential character
of the general vicinity.
D.
That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity;
Staff does not anticipate that the proposed use will have an adverse affect on other property in the
vicinity if designed, constructed, operated and maintained in accordance with the Site Specific and
General Conditions of approval. Staff recommends that the Commission and Council rely upon
public testimony, staff s analysis, and other agency comments when detennining if the proposed uses
will adversely affect the other properties in the vicinity.
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F.
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Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 12
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;
16.
The subject site has adequate access to Linder Road via W. Cayuse Creek Drive. The City of
Meridian Fire and Police Departments currently monitor, service, and protect the subject
neighborhood. Sanitary Services Company currently provides refuse service to surrounding
properties City sewer and water services are currently available to this site through stubs from
existing mains in W. Cayuse Creek Drive and Linder Road. The applicant will be responsible to
construct sewer mains to and through this proposed development. Subdivision designer to coordinate
main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian
standard forms of easements, for any mains that are required to provide service. Cover over sanitary
sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If cover is less than
3-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian
Public Works Department's Standard Specifications.
On March 25, 2005, a joint agency/department comments meeting was held with representatives of
key service providers to this property. All of the detailed conditions from the Meridian Police
Department, Meridian Fire Department, and other agencies/departments are at the end of this report.
The Commission and Council should reference any written or verbal testimony submitted by the
Meridian Police Department, the Meridian Fire Department, the Meridian Parks Department, and any
other agency providing service to this site, regarding their ability to adequately service this project.
Staff finds that the subject property can be served adequately by all essential public facilities and
City services.
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;
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2.
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Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 13
Staff does not anticipate that the proposed uses, will be detrimental to the general welfare of the
community by means of producing excessive traffic, noise, smoke, fumes, glare or odors generated
by the proposed uses.
H.
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;
The applicant is not proposing to construct any new vehicular approaches int%ut of the
property. ACHD considers vehicular approaches in their analysis of projects and has previously
approved the access points for this parcel. The applicant is proposing to utilize the previously
approved access point to W. Cayuse Creek Drive. Staff finds that the proposed use and
associated approaches will not create interference with any traffic on the surrounding public
streets.
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.
Staff is not aware of any natural, scenic or historic features in the general vicinity of this project.
Staff finds that no site improvements associated with the application should damage natural, scenic
or historic features in the area.
SPECIAL CONSIDERATIONS~ CONDITIONAL USE PERMIT
1. Building Setbacks: The applicant has requested, and shown on the site plan, a 1 a-foot rear setback
for the proposed office buildings on Lots 11 and 12 as part of the detailed CUP approval. A 2a-foot
rear setback is required in the L-Q zone (MCC 11-9-1), but setbacks can be modified through the
Planned development process, excluding those on the periphery on the Planned Development. MCC
12-6-2.A.5 states: "Setbacks: Along the periphery of the planned development. the applicable
setbacks as established by the zoning district in which the project resides shall not be reduced."
Requirements of the Planned Development ordinance cannot be waived or modified through the
Planned Development CUP process; therefore, the applicant shall be required to modify the site plan
to show a 2a-foot rear setback on Lots 11 and 12 along the north property line. See Site Specific
Condition #3 below.
No Retail Use: The only uses allowed in the proposed development shall be those for the L-Q zone
contained in the Zoning Schedule of Use Control (MCC 11-8-1). See Site Specific Condition #4
below.
Parking Space Dimensions: The applicant has shown l8-foot long parking stalls adjacent to 6-foot
sidewalks on the site and landscape plans submitted with the application. MCC 11-13 -4.F requires
90-degree parking stalls to be 9-feet wide and 19-feet long with a 25-foot wide drive aisle. In the
past staffhas approved of l7-foot parking stalls with 2-feet of overhang adjacent to 7-foot sidewalks.
Staff can support the applicants proposal for l8-foot parking stalls with I-foot of overhang onto the
6-foot sidewalks if the applicant is required to provide wheel blocks to prevent vehicles from
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7.
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 14
overhanging the sidewalk more than one foot. See Site Specific Condition #5.
SITE SPECIFIC CONDITIONS- CONDITIONAL USE PERMIT
1. All conditions of the previously approved Development Agreement, Paramount Subdivision (AZ-
03-006, CUP-03-008) , and the current Preliminary Plat (PP-05-011) application shall also be
considered conditions of the Conditional Use Permit (PP-05-013).
2.
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.
3.
A minimum 20- foot wide rear building setback shall be maintained to the north property line on Lots
11 and 12. Reduced rear setbacks on Lots 1-10 are approved per the submitted Planned
Development site plan dated February 2005.
4.
The only uses allowed in the proposed development shall be those for the L-O zone contained in the
Zoning Schedule of Use Control (MCC 11-8-1).
5.
The 90-degree parking stalls are approved as 18-feet long with 6-foot sidewalks directly adjacent,
adjacent to a 25-foot wide drive aisle. The applicant shall be required to install wheel blocks that
prevent vehicles from overhanging more than one foot onto the adjacent sidewalk. All parking
and areas of circulation should be paved, striped, and meet the minimum dimensional
requirements of Meridian City Code. All landscape areas adjacent to driveways, parking lots, or
other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective
devices. Curbing may be cut to allow for stonn water runoff.
6.
The construction of the proposed office buildings shall substantially comply with the undated
elevations on file with the City. Construction materials used on the structures shall be approved
by City of Meridian Building Department and be in accordance with the most recent Unifonn
Building Code. If any significant modification(s) to the approved architectural design features
and/or materials, as detennined by the Planning Director, are requested for building(s) in the
future, the property owner shall be required to submit a CUP modification.
No signs are approved with this CUP. All signage shall be in accordance with the standards set forth
in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design
review and shall require separate pennits. Temporary or portable signs shall be prohibited, and will
be removed upon three (3) days notice to the applicant.
STANDARD CONDITIONS- CONDITIONAL USE PERMIT
1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located
within the parking area, so that the light does not spill over onto adjacent properties or rights-of-way.
All parking lot lighting shall be in accordance with Ordinance ll-14-4.C.
PP-05-011, CUP-OS-O13
Subdivision.PP.CUP.doc
Julie
7.
8.
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 15
2.
All building and site improvement construction shall conform to the requirements of the Americans
with Disabilities Act.
3.
Submit a drainage plan designed by a State of Idaho licensed architect or engineer to the City
Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwatertreatment and disposal must
be designed in accordance with Department of Environmental Quality 1997 publication Catalog of
Storm 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.
4.
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).
5.
A building permit shall be obtained prior to the start of construction.
6.
All required improvements must be complete prior to obtaining a Certificate of Occupancy for the
proposed development. A temporary Certificate of Occupancy may be obtained by providing surety
to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required
improvements (including paving, striping, landscaping, and inigation). A bid must accompany any
request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the
required improvements.
This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction on
the first phaselbuilding has not begun within this timeframe, a new Conditional Use Permit must be
obtained prior to the start of development.
As part of a Conditional Use Permit, the City of Meridian may Impose additional
restrictions/ condi tions.
Other Aeencv/Deoartment Comments & Conditions
SANITARY SERVICES COMPANY (SSC)
1. Waste enclosure locations: There is a concern that the enclosures are not located to minimize service
vehicle backing-up requirements. Large waste vehicles have blind spots when backing up is required.
98% of waste vehicle accidents occur when backing-up. Please contact Bill Gregory at SSC (888-3999)
to discuss this matter prior to the next public hearing.
2. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped
(approved) plans with your certificate of zoning compliance application.
PP-OS-Ol1, CUP-OS-O13
Subdivision_PP.CUP.dœ
Julie
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 16
MERIDIAN PARKS DEPARTMENT
1. The Parks Department has no concerns with the site design as submitted with the application.
MERIDIAN FIRE DEPARTMENT
1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
2. Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant
location.
e. Fire Hydrants shall be placed on comers when spacing permits.
f Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius.
4. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance
with Appendix D Section D103.6 Signs.
5. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping.
6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
7. Commercial and office occupancies will require a fire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
8. The 12 office/commercial lots lot will have an unknown transient population and will have an unknown
impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced
2397 responses in the year 2003. 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.
9. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is
subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on
a request for Basic Life Support. The budget constraints are typically defined as capital outlay for
facilities that are located within 1.5 miles from a given location and sufficient operational funds to
staff the facilities.
PP-OS-Oll, CUP-OS-O13
Subdivision.PP.CUP.doc
Julie
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 21, 2005
Page 17
10. Maintain a separation of5' from the building to the dumpster enclosure.
11. Provide a Knoxbox entry system for the complex prior to occupancy.
12. The applicant shall work with city staff to provide an address identification plan including a
pylon/monument sign at the required intersection(s).
13. All aspects of the building systems (including exiting systems), processes & storage practices shall be
required to comply with the International Fire Code.
14. Provide exterior egress lighting as required by the International Building & Fire Codes.
15. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction
is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an
approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be
provided where required by the code official. For buildings equipped throughout with an approved
automatic sprinkler system installed in accordance with Section 903.3 .1.1 or 903.3.1.2 the distance
requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3 .1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183
m).
16. There shall be a fire hydrant within 100' of all fire department connections.
RECOMMENDATION
Staff recommends approval of the submitted Preliminary Plat (PP-O5-011) and Conditional Use
Permit (CUP-O5-013) applications, with the conditions listed herein.
PP-OS.Oll, CUP"{)S-O13
Subdivision.PP.CUP.doc
Julie
Meridian Planning & Zoning
April 21, 2005
Page 46 of 49
Rohm: Second.
Zaremba: Okay. We have a motion and a second. All in favor say aye. Any opposed?
Motion carries.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Borup: Mr. Chairman, I move that we forward to City Council recommending approval
of PP 05-013, preliminary plat approval of 36 building lots, five common lots, proposed
R-8 zone for Lyndhurst Grove Subdivision, to include all staff comments, conditions of
the staff memo, again, with a transmittal date of April 13th, received by the city clerk
April 14th, 2005. I think that concludes my motion.
Rohm: Did you want to speak to the site specific or is that --
Borup: That would be in the conditional use.
Rohm: Okay. Second.
Zaremba: We have a motion and a second. All in favor say aye. Any opposed?
Motion carries.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Borup: Mr. Chairman, I move we forward to City Council recommending approval of
CUP 05-015, request for a Conditional Use Permit for a planned development for single
family detached residential units in a proposed R-8 zone, to include all staff comments
and conditions in the staff memo dated April 13th, received by the clerk April 14th, with
the following change: On page 19, last sentence of item number three, to add that the
applicant will improve and reconstruct an existing foot bridge with the -- after entering
into an agreement with the Nampa-Meridian Irrigation District, after the improvements
are made, the city -- the parks department of the City of Meridian will maintain that
bridge.
Rohm: Second.
Zaremba: We have a motion and a second. All in favor say aye. Anyopposed? That
motion carries.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Item 19:
Public Hearing: PP 05-011 Request for Preliminary Plat approval of 12
building lots on 4.31 acres in a L-O zone for Julie Subdivision by
Paramount Development, Inc. - northeast corner of North Linder Road
and West Cayuse Drive:
Meridian Planning & Zoning
April 21. 2005
Page 47 of 49
Item 20:
Public Hearing: CUP 05..013 Request for a Conditional Use Permit for a
Planned Development with reductions to the minimum requirements for
street frontage and building setbacks for Julie Subdivision by Paramount
Development, Inc. - northeast corner of North Linder Road and West
Cayuse Drive:
Zaremba: Thank you all very much. We have another order of business, that is Items
19 and 20, preliminary plat 05-011 and CUP 05-013. I will not open the public hearings
for those, since they were failed to be posted properly, but we do need to reschedule
them and does staff have an opinion about when we should reschedule?
Hood: Not the 19th of May.
Zaremba: We have a negative suggestion.
Baird: When you do get that date, Mr. Chair, my recommendation would be that you do
open the hearing to get on the record the new -- the new date. There is nobody --
nobody here who had received that notice, but, technically, that way you have actually
opened it and continued it for those who received mail notice -- notice by mail and might
have been here tonight, but, technically, received the notice of the new date.
Zaremba: So, there was a partial correct notice and a partial incorrect notice?
Baird: It's my understanding it was just the posting of the site that was deficient. There
was no issue with the mailed notice.
Zaremba: In that case I correct myself and I will open Public Hearing PP 05-011 and
CUP 05-013. Both relating to Julie Subdivision.
Rohm: How about June 2nd?
Canning: Commissioner Zaremba -- Machelle, do you have the agenda for the 2nd?
Zaremba: Oh, I do. I thought we were far enough away I already put it away. At
present it only shows eight items. I suspect we would be safe to --
Borup: How many projects?
Zaremba: Three separate projects, actually. And there are probably more coming, but
that's far enough away that they could correct the failure in the noticing and still be
timely. I don't have a problem adding it to June 2nd.
Rohm: Okay. With that being said --
Meridian Planning & Zoning
April 21, 2005
Page 48 of 49
Zaremba: I would include the requirement to re-notice by all methods in the motion.
Just a suggestion.
Canning: Commissioner Zaremba, are you indicating that you want us to send out
mailed notice again?
Zaremba: Don't you think we should do that?
Baird: Mr. Chair, Members of the Commission, the reason I suggested that you reopen
and actually set a date certain on the record was to avoid the necessity of having the
city to incur -- incur that cost. It's my understanding that the failure to post was a failure
on behalf of the applicant and that that failure can be corrected with what you're doing
now, but it's -- generally it's not been required that other notices be resent. If anybody
that received that mailed notice was interested in the project, they would have either
sent in an e-mail or would be here in the audience right now tonight and would get that
notice of the new date certain.
Zaremba: Good.
Borup: Wasn't this -- wasn't this part of the original application, this section of the
original Paramount?
Zaremba: This is an adjustment to something that was a much bigger application
already and decide and --
Borup: Yeah. So, it's similar to the earlier one this evening that is something we have
already seen and I -- just for the development of the existing subdivision.
Zaremba: Okay. Then, in that case --
Rohm: Mr. Chairman.
Zaremba: -- without my comment, we are ready to proceed.
Rohm: All right. Mr. Chairman, I move that we continue the public hearings PP 05-001
and CUP 05-013 to the regularly scheduled P&Z meeting of June 2nd, 2005. End of
motion.
Borup: Second.
Zaremba: We have a motion and a second. All in favor say aye. Anyopposed? That
motion carries.
MOTION CARRIED: THREE AYES. TWO ABSENT.
Zaremba: One more motion.