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HomeMy WebLinkAboutJulie Subdivision CUP CUP 05-013 MERIDIAN PLANNING & ZONING MEETING April 21, 2005 APPLICANT Paramount Development, Inc. ITEM NO. 20 REQUEST Public Hearing - 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 - NEC of N. Linder Rd. & W. Cayuse Creek AGENCY COMMENTS CITY CLERK: CITY ENGINEER: a /tit 't7 UJ! 1/1- -Iv J ~ ~ ~¿J~ 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: NAMPA MERIDIAN IRRIGATION: SETTLERS'IRRIGATION: No comment IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: Date: ~ Phone: 37 ~ -- L/-t)[; 0 . r . 0/ Staff Initials: (Y7 )~< Materials presented at public meenngs shall become property of the City or Meridian. MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaull Wardle Charles M- Rountree .~ ~-~'< """if ,"!i:.f! ': -" I t !l~," , C/lfe;;dl:J1~:; '\ \ IDAHO .~ ,). þ ~{- .P'" ~(, /' .~I':v, -- 'ffF¡, I '" ...--( t4. I!!Iò^sc:r<£ ~~ ~~IIIÇ¡¡ . , 1903 CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 STAFF REPORT: To: P & Z Hearing Date: April 21, 2005 Transmittal Date: April 15, 2005 Mayor, City Council and Planning & Zoning Commission Josh Wilson, Associate City Plannvf4- '- Michael Cole, Development Services Coordinator M c.. From: Subject: RECEIVED APR 1 .52005 CITY OF MERIDIAN CITY CLERK OFf:lrF 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 Plarmed 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-m- 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-O13 Subdivision.PP.CUP.doc City Minimum ~rement ProDosed Minimum Julie -.-- .-.-.. Planning & Zoning CommissionlMayor & City Council Hearing Date: April 21, 2005 Page 2 50 feet 0 feet Building Setback in L-O Zone- City Minimum Re(lUirement 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 pennanent part of a building to property line) Combined, the twelve office buildings total41, 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 cuaently contains an existing rural residence and associated accessory buildings. The subject application was submitted to the Planning and Zoning Department forreview. Staffhas provided a detailed analysis and recommended conditions of approval for the requested conditional use pennit application below. Staffis recommending approval ofthe application, with the conditions outlined in this report. CURRENT OWNERS OF RECORD Paramount Development Inc. is the cuaent 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 of W. 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, B.M., Ada County, Idaho.. The following uses sUITound 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 RA. PRELIMINARY PLAT ANALYSIS Sections 12-3-3.J.2 and 12-3-5.D of Meridian City Code read as follows: In detennining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: 1. The conformance of the subdivision with the Comprehensive Development Plan; PP-05-011, CUP-05-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-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 has requested modifications to the standard setbacks and frontage requirements of the L-O zone. Please see Conditional Use Pennit 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 ofthe 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 confonnance 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-O11, CUP-05-013 Subdivision_PP.CUP.doc 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 fonus 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, 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 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 CONSIDERA TIONS- 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-O5-011, CUP-05-0\3 Subdivision.PP.CUP.doc Julie Planning & Zoning CommissionlMayor & 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 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 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 ofthe sidewalk. No fences are pennitted 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 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 City 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 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. See Site Specific Condition #10 below. 5. Pressure IrrÏl:!ation: 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 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-O5-0 11). PP.05-011, CUP-D5-D13 Subdivision.PP.CUP.doc Julie 9. Planning & Zoning Commission/Mayor & 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 corrections necessary to confonn. 3. 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. 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 C 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 cun-ently available to this site through stubs ITom 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 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 ofthe 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. 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 af Meridian ACHD. 8. 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 COrd. 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 ofStonn 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 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 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 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 perfonned in confonnance with MCC 11-12-3H. 2. 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. 3. All stann 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 Army Corps of Engineers. PP-05-011 , CUP-05-013 Subdivision_PP -cUP . doc Julie 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 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 detennined 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. 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 normal groundwater elevation. 12. 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. 13. Prior to signature of the [mal 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. PP-05-011, CUP-05-O13 Subdivision.PP.CUP.doc JuUe 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 12-5-2.K. Prior to signature of the final plat(s) , all sidewalks shall be constructed or a fmancial 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 stonn 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. Staff's failure to cite specific ordinance provisions or terms ofthe 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 CoInDÙssion 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.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.fbuildingl400 = 104 stalls) on the property. MCC 11-13-3.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 11-13-4.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 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 ofvehicle 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 ofthe 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 peripherv ofthe 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 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 culTently 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; 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 sulTounding 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-Q zone per the Zoning Schedule of Use Control contained in MCC 11-8-1. The Development Agreement for PP-05-011, CUP-O5-013 Subdivision.PP.CUP.doc Julie E. 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 (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-Q 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, staffs 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; 15. 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 PP-O5-011, CUP-05-013 Subdivision.PP.CUP.doc 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 fÌom 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 fÌom finish grade to the top of the pipe. If cover is less than 3-feet fÌom 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 fÌom 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 ofprojects and has previously PP-O5-0 11, CUP-05-0 13 SubdivisioIl.PP. CUP .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 1. Building Setbacks: The applicant has requested, and shown on the site plan, a 1 O-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 12-6-2.A.5 states: "Setbacks: Along the periphery of the planned development. the applicable setbacks as established bv the zonim! district in which the proiect 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-O zone contained in the Zoning Schedule of Use Control (MCC 11-8-1). See Site Specific Condition #4 below. 3. Parking Space Dimensions: The applicant has shown 18-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 staff has approved of 17-foot parking stalls with 2-feet ofoverhang adjacent to 7-foot sidewalks. Staffcan support the applicants proposal for 18-footparking 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 1. All conditions of the previously approved Development Agreement, Paramount Subdivision (AZ- 03-006, CUP-O3-008), and the current Preliminary Plat (PP-05-011) application shall also be considered conditions of the Conditional Use Pennit (PP-O5-013). 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 storm water runoff. 6. The construction ofthe 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 ofthe 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-O11, CUP-O5-O13 Subdivision.PP.CUP.doc Julie 8. Planning & Zoning Commission/Mayor & City Council Hearing Date: April 21, 2005 Page 15 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 11-14-4.c. 2. All building and site improvement construction shall confonn 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. Stonnwater treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Stonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 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 pennit shall be obtained prior to the start of construction. 6. All required improvements must be complete prior to obtaining a Ce,rtificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the fonn of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 7. This Conditional Use Pennit 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 Pennit must be obtained prior to the start of development. As part of a Conditional Use Pennit, the City of Meridian may Impose additional restri ctionsl conditions. Other Ae:encv/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. 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 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 D 1 03.6 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 PP-05-011, CUP-05-013 Subdivisioll_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 of the submitted Preliminary Plat (PP-O5-011) and Conditional Use Permit (CUP-O5-013) applications, with the conditions listed herein. PP-05-011, CUP-O5-013 Subdivision,PP.CUP-doc Julie CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE June 2, 2005 ITEM # 5 PROJECT NUMBER CUP 05-013 PROJECT NAME Julie Subdivision NAME (PLEASE PRINT) FOR AGAINST NEUTRAL CUP 05-013 MERIDIAN PLANNING & ZONING MEETING June 2, 2005 APPLICANT Paramount Development, Inc. ITEM NO. 5 REQUEST Continued Public Hearing from April 21. 2005- Request for a Conditional Use Permit for a P a Planned Development with reductions to the minimum requirements for street frontage and building and building setbacks for Julie Subdivision - NEC of N. Under Rd. &. W. Cayuse Creek AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Previous Item Packet I Minutes CITY PLANNING DIRECTOR: CITY ATTORNEY See attached staff report. REVISED CITY SEWER DEPT: CITY PARKS DEPT: ~t ~ W\ rNJI\ ÒJ ~ ~{OV kV ~ tlv S--D CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contocted: ~~"'~ 1\ \\i-~\ \\ Emailed: Date\f \, .kJ~ Staff Initials: Phone: rz,lJ A.\t:J~\\ Materials presented at public meenngs shall become property or the City or Meridian. MAYOR Tammy de Weerd " CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M - Rountree J' ' J,~f;~ ff,:'¥-'" '..,'1'. 'j£: ~ P /" CITY OF r~:!i1~ "- \JYlðr¡diãn'-;zC; "'~'I , IDAHO .1 '", /! \'1', // "';; (' .~, '.c (~!!¿~~:ü I.E, ..,;L' fu~Yo~:t--...--),:::[: , 199'3 CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 LEGAL DEPARTMENT (208) 888-4433 - FAX 887-4813 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 Plaonvf4- , Michael Cole, Development Services Coordinator M c From: Subject: '1) -1'1' f' Ii' ']' "V"'~"rr;~, "'if"'" J::'.'l_~""i _J " , "t~Jl) MAY 2 7 2005 Julie Subdivision- REVISED City OfMerídiatl f:~t7 CleY'~ Offi- ("', ~-L 'J - --"", '.. - ",i¡~, . . 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-OS-Oll) Detailed Conditional Use Pennit (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-OS-Ol3) We have reviewed the aforementioned applications and now offer the following as conditions of the applicant. These conditions shall be considered injùll, 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 Pennit (CUP) approval of twelve (12) office buildings on4.31 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 0 ffi ce/retail/multi-family housing within the Paramount Subdivision" (Condition #3, Page 2 ofl6, 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 LwO 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 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. Staff is recommending approval of the 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, 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 ofChinden Road (SH 20-26), in Section 25, Township 4 North, Range 1 West, RM., Ada County, Idaho.. The following uses sUlTound 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.J:-2 and 12-3-5.D of Meridian City Code read as follows: In determining the acceptanceofa 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-O13 Subdivision.PP.CUP.dœ 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 of the Planned Development for Paramount Subdivision. The Applicant has requested modifications to the standard setbacks and ftontage requirements of the L-O zone. Please see Conditional Use Pennit 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. Stafffinds 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 confonnance with the City of Meridian Comprehensive Plan. 2. The availability of public services to accommodate the proposed development; The subjeét 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-05-013 Subdivision.PP.CUP.doc 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 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 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 irrigation, for the development at their cost, staff finds that the subdivision will not conflict with the capital improvement program. 4. The public fmancial 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 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 Subdivision, the applicant shall construct a minimum 5' sidewalk along Linder Road, located a minimum of 41-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 alon2: Linder Road would be 25-feet. 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 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 from the back of curb when it can be demonstrated that there is no opportunity for expansion ofthe street section within the right ofway. No fences are pennitted 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 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. depictin2: the above-mentioned chan2:es. to the City 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 wood fence on the northern perimeter of the site. If pennanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter adj acent to the vacant lands prior to issuance of a building pennit. See Site Specific Condition #10 below. Pressure IrrÜmtion: The City of Meridian requires that pressurized inigation 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. PP-05-011, CUP-05-013 Subdivision.PP.CUP.doc Julie 8. Planning & Zoning Commission/Mayor & City Council Hearing Date: April 21, 2005 Page 6 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-05-013) application shall also be considered conditions of the Preliminary Plat (PP-05-011). 2. With the submittal of the final plat application, the applicant shall submit a copy ofthe Ada County Street Name Committee's final approval letter for the subdivision name, and lot and block numbering. Make any other coaections necessary to conform. 3. Submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction ofthe Planning & Zoning Commission at least 10 days prior to the City Council hearing on this application. 4. All ilTigation 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 ilTigation/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 culTently 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 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. 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 storm drain facilities. A drainage plan desigf1ed 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 UIÙess the jurisdiction which has authority over the receiving stream provides written authorization prior to PP-05-011, CUP-05-013 Subdivision_PP.CUP.dœ Julie 14. 15. Planning & Zoning Commission/Mayor & City Council 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 irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private 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. 13. The applicant shall construct a minimum 5' sidewalk along Linder Road, located a minimum of 41- feet C 41 ') from the centerline of the 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 11-12-3H. 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 COrd. 557, PP-OS-Oll, CUP-OS-O13 Subdivision.PP.CUP.doc Julie 12. 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 Anny 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 fITe 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 oftrees 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 inigation. 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 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. PP~05-011, CUP-05-013 Subdivision.PP.CUP.doc Julie 18. 19. 20. 21. Planning & Zoning Conunission/Mayor & City Council Hearing Date: April 21, 2005 Page 9 13. Prior to signature of the final plates) by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, 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 plates), all sidewalks shall be constructed or a [mancial 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 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 fmd evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, PP-05-011 , CUP-05-0i3 Subdivision.PP_CUP.doc Julie Planning & Zoning Commission/Mayor & City Council Hearing Date: April 21, 2005 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 11-13-5.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 11-13-3.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 11-13-4.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 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 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 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 cuITently 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; PP-05-011, CUP-05-013 Subdivision.PP-CUP.dœ Julie Planning & Zoning Commission/Mayor & City Council Hearing Date: April 21, 2005 Page 11 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 apf'roval 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 Zonim2; 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.£ of office and retail space, and 32 common lots on 392.17 acres inproposedR-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 of the 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 of the 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 ofthe 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. PP-O5-011, CUP-05-013 Subdivision.PP.CUP.doc Julie F. G. 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 fonus 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 propos-ed 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; PP-05-011, CUP-O5-O13 SubdivÎsion.PP .cUP .doc Julie 2. 3. 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. Buildin!! Setbacks: 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 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: Alon!! the periphery of the planned development. the applicable setbacks as established by the zonim! 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. 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. Parkin!! Suace Dimensions: The applicant has shown 18-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 17-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 PP-05-011, CUP-05-013 Subdivision.PP.CUP.dœ Julie 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 Pennit (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 ITom 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 11-14-4.C. PP-05-011, CUP-O5-013 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 confonn 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. Stonnwater treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Stonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 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) uom the Meridian Planning and Zoning Department (MCC 11-19-1). 5. A building pennit 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 fonn of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). 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 Pennit shall be valid for a maximum period of 18 months. If construction on the first phase/building has not begun within this timeuame, a new Conditional Use Pennit must be obtained prior to the start of development. As part of a Conditional Use Pennit, the City of Meridian may Impose additional restrictions/ conditions. Other Al!encv/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-05-011, C UP-O 5-0 13 Subdivision.PP.CUP.doc Julie Plamring & 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 of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on 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 D1O3.6 Signs. 5. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. 6. Operational fire hydrants, temporary or pennanent 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 propósed project lies outside the five-minute response zone goal. Achievement ofthis 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-05-011. CUP-05-013 Subdivision.PP-CUP.doc Julie Planning & Zoning Commission/Mayor & City Council Hearing Date: April 21, 2005 Page 17 10. Maintain a separation of 5' ITom 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) ITom 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-05-01], CUP-O5-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 dorit 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. Any opposed? That motion carries. MOTION CARRIED: THREE AYES. TWO ABSENT. Zaremba: One more motion.