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HomeMy WebLinkAboutSilver Oaks Subdivision CUP CUP 05-024 MERIDIAN PLANNING & ZONING MEETING APPLICANT Charter Builders, Inc. June 16, 2005 ITEM NO. 6 REQUEST Continued Public Hearing from May 19. 2005: CUP for a PO for multi-family, clubhouse, office, day care development wino minimum street frontage & multiple buildings on a single lot on 28.65 acres in a proposed R-15 & L-O zones for Silver Oaks Sub - north of W. Franklin Rd & west of N. Ten Mile Rd AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See previous item packet / minutes CITY PLANNING DIRECTOR: CITY ATTORNEY See attached staff report Í:JtD 1I\tßM ~ ~({:~ ~\c) '5Y' . CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS'IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Con tacted: Da.Vt' ~ Date: (p - t3 ~ - 5653 Emailed: Dmtv-,()noY\~vnLAf' (!Dfh Staff Initials: . ..'. Materials presented at public meetings shall become property of the City of Meridian. MAYOR Tammy de Weerd ,..':'t '" M~'" clfc;; dl~~'-"; '\ \ IDAHO ~ .A Þ ~'k' /, 'r ?/ -,~\",-..'(' ".:!:¡;J¡ . . ,¡,D5'---< ! ~~Ú!g,\Suu.: ':{,~ '¡-¡'SIN'" , 1903 CITY HALL (208) 888-4433 - Fax 887-4813 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 LEGAL DEP AR TMENT (208) 888-4433 - Fax 887-4813 STAFF REPORT: P&Z Hearing Date: June 16,2005 Transmittal Date: May 18, 2005 Re: Silver Oaks Subdivision RECEIVED JUN 1 0 2005 crrv OF MERIDIAN CITY CLERK OFFICF To: Mayor, City Council and Planning & Zoning Commission ¿~. Joseph Guenther, Associate City Planner / Michael Cole, Development Services Coordinator J'Y\ C From: . Annexation and Zoning of 28.6 Acres from RUT (Ada County) to R-15 (Medium-High Density Residential) and L-O (Limited Office), by Ten-Mile Development, LLC. (File No. AZ-05-016) . Preliminary Plat Approval of one (1) Multi-Family Building Lots, and one (1) commercial office lot, by Ten-Mile Development, LLc. (File No. PP-05-023) . Conditional Use Pennit Approval for a Planned Development consisting of77 multi-family structures on a single lot with a Private ClubhouselPark and multiuse pathways with no Minimum Lot Frontages for the L-O commercial daycare/office buildings by Ten-Mile Development, LLC (File No. CUP-05- 026) We have reviewed the above referenced submittals and offer the following comments and conditions of the applicant: APPLICATIONS SUMMARY The site is located on the north side of Franklin Road ~ to Y2 mile west of Ten-Mile Road and through the mid block along the Kennedy Lateral to the Union Pacific Railroad. The subject property is within the Urban Service Planning Area and the current Area of City Impact. The applicant, Ten-Mile Development, has applied for Annexation and Zoning (AZ), Preliminary Plat (PP) and Conditional Use Pennit/Planned Development (CUP/PD) approval of seventy- seven (77) multi-family units (308 individual units) on one (1) Lot with five (5) daycare/offices uses on one (1) commercial lot on 28.65 acres (exclusive of right-of-way to be dedicated). AZ.OS.O16. PP-OS.O23, CUP.O5-024 SHyer Oaks S"bd;v;s;on,AZ.PP-CUP Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page 2 The proposed multi-family lot consists of 25.12 acres and the office lot is 3.53 acres. The gross density of the proposed development is 12.26 dwelling units per acre (308/25.12). The proposed density is in accord with the proposed R-15 zoning district, and the Future Land Use Map of the Comprehensive Plan (see Annexation & Zoning Analysis "A" below). The applicant has requested reduced lot frontages and multiple buildings on a single lot as part of the Planned Development. The applicant has indicated that the multi-family units will be incorporated with a condominium plat in the future. The applicant has submitted several pictures of residential housing types; a construction materials list has not been submitted. Staff recommends the minimum lot size, frontage and building setbacks as detailed below. Street Frontage in L-O Zone: L-O Standard Frontage 50 feet Proposed Minimum Frontage 0 Building Setback in L-Q Zone: Minimum Requirement 30 foot (front) (arterial street) 20 foot (front) (local street) 25 foot (rear) (arterial street) 20 foot (rear) (local street) 5 feet per story (side) B ild' S tb k' R 15 Z u illg e ac ill - one: Front (Living Space) IS-feet Front (Face of Garage) 20-feet Side yard 5-feet Rear IS-feet Rear, side entry garage 5-feet Interior Side* 5-feet Street Side IS-feet * No additional setback per story NOTE: Front setbacks should be measured from the back of sidewalk. See Preliminary Plat Analysis below. The proposed PD amenities include: clubhouse with a pool, a court area, and a fitness center. Additional open space contains the pathway system and is located along the cross access lanes and the Kennedy Lateral. Multiuse pathways are proposed for this site as shown on the landscape plan; these pathways provide connection from Franklin Road to the paths in the proposed Church to the east and through to the Ten-Mile multiuse pathway system to Ten Mile Road. See Special Considerations in the Conditional Use Permit section below for a detailed analysis of the proposed amenities and the potential for the park. AZ-O5-016, PP-O5-023, CUP-O5-024 Silver Oaks,AZ,PP.ClIl'.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page 3 Recently, the City has reviewed and approved annexation/zoning and development applications for Chesterfield Subdivision north of the site and a commercial development east of the site along the Union Pacific Railroad (UPRR). These developments were all on the south side of UPRR and in the near vicinity. The development is serviceable through connections in Chesterfield Subdivision and will need to be extended under the UPRR at the developer's expense. If this development is approved, it shall be subject to the sewer system being available. Staffrecommends approval of the subject annexation/zoning (AZ-05-016), preliminary plat (PP- 05-023), and conditional use permit (CUP-O5-024) with the conditions and modifications based herein. LOCATION The site is located on the north side of Franklin Road ~ to Y2 mile west of Ten-Mile Road and through the mid block along the Kennedy Lateral to the Union Pacific Railroad in Section 10, Township 3 North, Range 1 West. SURROUNDING PROPERTIES North: Chesterfield Subdivision zoned R-8 (Meridian City), Union Pacific Railroad. South: Vacant/Agricultural zoned RUT (Ada County) East: Vacant/Agricultural zoned RUT (Ada County). West: Vacant/Agricultural/Single Family Residential zoned RUT (Ada County) As mentioned in the summary above, there are several developments in this area that have recently been approved by the City. Some of the new homes in Castlebrook Subdivision, just north of the current property, are already occupied along Black Cat Road. OWNER OF RECORD The property owners of record are Ten-Mile Development, LLc., Graye H. Wolfe, Sr, - Manager. The owners have provided notarized consent for Conger Management Group, to submit the subject applications. ANNEXATION & ZONING ANALYSIS Because the analysis below applies both to the proposed use and the proposed zoning, staff has combined the analysis of use with the annexation and zoning findings. According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " The following is the list of standards found in 11-15-11 and analysis by staff: AZ.OS-O16, PP-OS-O23. cUP-OS-O24 Silver Oaks.AZ,PP.CUP,doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page 4 A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan Page 95, 'High density' is defined as areas including Multi-family homes at densities exceeding eight dwelling units per acre. Staff finds that the requested zoning designation, R-15, is hanllonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "High Density ResidentiaL" The 12.26 dwelling units per acre proposed with the preliminary plat are consistent with previous Commission and Council actions and generally confonn to the goals, objectives, and action items contained in the Comprehensive Plan for this area. In addition, the applicant's cover letter (dated March 11, 2005) lists several Comprehensive Plan policies, all of which support the annexation and proposed residential use of the property. The Limited Office lot may not comply with the goals and policies of the High Density Residential designation. The applicant has indicated that Meridian City Code allows for a use exception along arterial roads not to exceed 20% of gross area. The Commission and Council actions should take into consideration the allowance of the Limited Office designation lot within the appropriate commercial/mixed use policy, and not located along a commercial corridor. However. staff supports the proposed davcare use and professional office proposal as these uses will be located along an arterial road and will support the primary multi-family use by having services close to residences. thereby reducing traffic congestion on nearbv roadways. reducing air pollution. and creating an efficient use ofthe land. Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): . "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, benns, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 25-foot wide landscape berm with vegetation along Franklin Road. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-oi-way, and the sidewalk is located outside of the 25-foot wide buffer (or increase buffer to 40-feet). A2-05-016, PP.05-023, CUP-05-024 Silver Oak,.A.Z.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page 5 . "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" ITom the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The proposal as presented will create an internal system which the will ultimately connect to the regional multi-use pathway system. Staff recommends that the Commission and Council rely on staffs analysis, public testimony received and any comments submitted ITom any other agencies or departments regarding whether the proposed zone and subsequent development is hannonious with and in accordance with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat and conditional use pennit proposing multi-family and commercial lots on the subject site (PP-05-023 & CUP-05-024). Staff does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying CUPIPD and PP applications are approved. c. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; The existing proposal is consistent with the Comprehensive Plan. Staff does not anticipate additional commercial or other uses other than the uses planned for the site. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that a substantial portion of the land to the north has been developed (or approved for development) in a manner hannonious to the proposed subdivision, with single-family dwelling units. Neighboring Ada County parcels are very large lots with heavy agricultural uses. This development is proposing significantly smaller lots, but within the acceptable limits for a high density development bordering a mixed use and industrial area. Black Cat Road is currently being improved and Franklin Road (east of Ten-Mile Road) is currently scheduled within ACHD's Five Year Work Program or Capital Improvements Plan (CIP) for roadway widening in 2010. Franklin Road west of Ten- Mile Road is in the planning phases but is currently not funded for construction. AZ-OS.O16, PP-OS.O23. CUP-OS.O24 Silver Oaks.AZ.PP.CUP.doe Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page 6 This entire development is not currently serviceable by the City of Meridian's sanitary sewer system. The site shall be served by a connection in Chesterfield Subdivision. If this development is approved, it shall be subject to extending the sewer system. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site in cooperation with Meridian Public Works. Staff finds that the subject site is denser than surrounding proposals but provides a housing type which has not been utilized in the immediate vicinity. The overall proposal is consistent for development in a fashion similar to other properties in the area. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant has submitted several front elevations for the proposed multi-family homes and commercial offices. If the homes are constructed in substantial compliance with the submitted elevations, they will be similar in design to other uses in the area. The existing character of the area will, and is, currently changing. However, this is one of the first developments to apply for residential uses south of the Union Pacific Rail Road. This development will set the tone for how the rest of this area, particularly the west, develops or does not develop as High Density Residential. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Due to other existing and proposed uses near the site, staff does not anticipate that the proposed zoning/uses will be physically hazardous to future or existing uses or neighbors in the area. The northern property line should be adequately fenced to not allow access to the UPRR property. The Kennedy Lateral should be adequately fenced to not allow access to the open waterway. The Kennedy Lateral should be piped as per MCC 12-4-13 or as waived by the Nampa Meridian Irrigation District. Staff recommends that the Commission and Council rely on staff analysis, comments from other agencies, and public testimony to detennine whether the proposed use will be disturbing or hazardous to the existing neighboring uses and future expected uses in this vicinity. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and flre protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; If this development is approved, it shall be subject to extending the sewer system. Other urban services, such as water, are near to this site and the applicant should be able to AZ-O5-016, PP.O5-023, CUP-O5-024 Silver Oaks.AZ.PP_CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page 7 extend such services to the site. Water to serve this development is existing or currently under development with Chesterfield Subdivision. The applicant shall be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site storm water drainage facilities. Based on the comments received from other agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the econoßÙc welfare of the community; If approved, the developer will be financing the extension of sewer, water, public street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services. Staff finds there will not be excessive additional requirements at public cost and this development will not be detrimental to the economic welfare ofthe community. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff recognizes that traffic and noise will increase with the approval of a development on this site; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate that annexation and development in accordance with current city code and the Comprehensive Plan will create excessive noise, smoke, fumes, glare, or odors. Fencing along all canals and waterways shall be a mlrumum of 6' in height and constructed of non-combustible materials as to not interfere with regular maintenance of ditches and waterways by N amp a Meridian Irrigation District. J. Will the area 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 proposing to construct one shared public street entrance into the site from Franklin Road and a private street connection to the east with future connection to Ten-Mile Road. The proposed public street entrance to Franklin Road has been proposed to ACHD. ACHD has made several recommendations on the public road system for access to the development. Staff has concerns with the limited public access for the AZ-OS.O16, PP.OS.O23, CUP-OS-O24 Silver Oaks.AZ.PP.CUP.doe Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page 8 scale of the project. It is staffs opinion that a public stub street should be provided to the west for future multi-family extensions and to provide public service access to the commercial portions of the project. The public stub street shall tenninate in an approved method by ACHD, The applicant shall also provide cross access to the Avest Property located Northeast of the site. The development agreement for this site was approved by the City of Meridian and requires a secondary access for emergency service. The applicant may also extend the public street at the discretion of ACHD in order to provide the appropriate connection. If all vehicular approaches (streets) are approved and constructed in accordance with ACHD policies, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. Please review any comments from ACHD for this project for additional infonnation regarding this finding. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and There are many game species in the vicinity which use the Ten-Mile and Kennedy Lateral systems for habitat. These areas will be altered through the development of the site. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may result in the destruction, loss or damage of a natural or scenic feature(s) of importance of which staff is unaware. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? In accordance with the findings listed above, staff finds that the annexation/zoning of this property, as proposed by the applicant, would be in the best interest ofthe City. ANEXATION & ZONING COMMENTS 1. The annexation legal description submitted with the application (stamped by Hugh Edwards, PLS 3/14/05) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 3. A Development Agreement (DA) will be required as part of an annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of AZ-O5-016. PP.O5-023, CUP-O5-024 Silvor Oaks,AZ,PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page 9 Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the Citv Attorney. Bill Nary. at 888-4433 to initiate this process. The DA shall incorporate the following: . That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. That the applicant shall be responsible for all costs associated with piping the Kennedy Lateral, unless otherwise specifically waived by N arnpa Meridian Irrigation District. . . PRELIMINARY PLAT ANALYSIS Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In detennining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. B. C. D. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation and Zoning Analysis" A" above. The availability of public services to accommodate the proposed development; Please see Annexation and Zoning Analysis "G" above. The continuity of the proposed development with the capital improvement program; Because the developer will be required to install sewer, water, and utilities for the development at their cost, staff finds that a development on this property will not require the expenditure of capital improvement funds. The public fmancial capability of supporting services for the proposed development; The development will not require major expenditures for providing supporting services. Staff recommends the Commission and Council rely upon comments submitted from the public service providers (i.e. police, fire, ACHD, etc.) to detennine this finding. (See finding "G" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) AZ-OS.OI6, PP-OS-O23, CUP.OS-O24 Silver Oaks.AZ.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page 10 E. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Councilor Commission's attention; other than the Kennedy Lateral and Railroad separation issues previously discussed. ACHD considers road safety issues in their analysis. Staff finds the Conunission and Council should rely on any public testimony that may be presented to determine whether the proposed use may cause health, safety or environmental problems of which staff are aware. SPECIAL CONSIDERATIONS-PRELIMINARY PLAT I. Public Streets and Access: The applicant is not proposing to construct through roads. The unnamed connection to Franklin Road will be constructed in cooperation with future projects to the east and existing projects to the north. These roads will serve as collector streets in this area and will provide access to Franklin Roads for all parcels in this section. Staff is supportive of a broader collector street design, as it will provide access to future development across Kennedy Lateral and to the north for all parcels in this section the applicant has indicated acceptance of this design if required by the Conunission and Council. Staff feels this reconunendation is essential as public access to the north is impeded by the UPRR. 2. Right-of-way & Landscape Buffers: Arterial Streets: Staff reconunends that the applicant comply with the ACHD's requirements for right-of-way dedication along Franklin Road. Collector Roads: Staff recommends that the applicant comply with staffs recommended public street layout. Landscaping and sidewalks adjacent to Franklin Road should be constructed in compliance with MCC 12-13-10. A 25-foot wide landscape buffer, located entirely outside of the right-of-way and not including the width of the sidewalk, should be provided along arterial roadways. A 20-foot wide landscape buffer, located entirely outside of the right-of-way and not including the width of the sidewalk, should be provided along collector roadways. See Site Specific Condition #2 below. 3, Stub Streets: The applicant is not proposing to construct stub streets to adjacent parcels, Staff is supportive of the proposed stub street location across the Kennedy Lateral at an east west location that would bisect the Proposed Lots 1 and 2. 4. Unimproved Right-of-Wav: Meridian City Code 12-13-10-9 requires a lO-foot wide gravel shoulder abutting right-of-way where the unimproved portion of the right-of-way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and road widening is not in the ACHD Five Year Work Program. The remainder of the unimproved right-of-way should be landscaped with lawn or other AZ-O5-016, PP-O5-023. Cup.O5.024 Silver Oaks.AZ_PP.CuP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page II vegetative groundcover. Franklin Road abutting this site meets the wan-ants for the 10- foot wide gravel shoulder requirement listed above. Therefore, the applicant should be required to construct a to-foot wide gravel shoulder on Franklin Road, with the remaining portion of the right-of-way being landscaped with lawn or other vegetative ground cover. See Site Specific Condition #2 below. 5. Internal Streets: The applicant is proposing to construct internal cross access streets located within the proposed lots. These roadways have undefined street sections with 646 residential parking stalls and 55 commercial parking stalls located along one or both sides of the drive aisle. Staff is supportive of this design as long as the conditions of approval are met and emergency service is not impeded by the parking layout. 7. Piping: of Ditches: 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. Unless otherwise approved by Nampa and Meridian Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval cannot be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. See Site Specific Condition #4 below. 8. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the [mal 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 #5 below. 9. Fencing; The applicant has proposed to construct fencing around the perimeter of the site. Fencing along all canals and waterways shall be a minimum of 6' in height and constructed of non-combustible materials as to not interfere with regular maintenance of ditches and waterways by Nampa Meridian Irrigation District. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4-1O.F.3). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with MCC 12-4-10. See Site Specific Condition #6 below. 10. Sanitary Sewer The entire development is not currently serviceable by the City of Meridian's sanitary sewer system. The site shall be served by a connection through Chesterfield Subdivision and piped under the UPRR. Proceeding through the approval process is strictly the risk of the applicant. The City of Meridian does not guarantee AZ-O5-016, PP-O5-023, CUP.O5.024 Silver Oaks.AZ.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page 12 sewer service within the development time limitations outlined in Meridian City Ordinance. See Site Specific Condition #8 below. SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT 1. The preliminary plat prepared by Insite Architects, dated Mar 14, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-05-016) and Conditional Use Pennit (CUP-05-024) and Development Agreement shall also be considered conditions of the Preliminary Plat (PP- 05-023). 2. The submitted landscape plan prepared by South Architecture, Inc., dated 3-11-05 labled Ll.O is approved as submitted with changes. The following should be included in a revised landscape plan: . Depict and construct a lO-foot wide gravel shoulder on Franklin Road abutting the site, with the remaining portion of the right-of-way being landscaped with lawn or other vegetative groundcover. . Depict and construct a 20-foot wide landscape strip along the collector street between Lots 1 and 2 with the remaining portion of the right-of-way being landscaped with lawn or other vegetative ground cover. . All areas being counted toward the open space requirement shall be free of "wet ponds" or other such nuisances. All stonnwater detention facilities incorporated into the required open space are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plan. . 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 are removed. Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 3. Revise the preliminary plat and site plan to indicate the means and location of the stonn drainage facilities. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all private roads and off-street parking areas. Stonn water treatment and disposal shall 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 steam 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 AZ-OS.OI6, ~r-OS-O23. CUP-OS.O24 Silver Oak,.AZ_PP_CUP.doc 8. Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page 13 Shallow Injection Wells, 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, unless otherwise approved by Nampa and Meridian Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 5. The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressurized irrigation system within this development. 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. 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 [mal plat by the City Engineer. 6. A detailed fencing plan shall be submitted upon application of the final plat. Fencing along all canals and waterways shall be a minimum of 6' in height and constructed of non-combustible materials as to not interfere with regular maintenance of ditches and waterways by Nampa Meridian Irrigation District. Ifpennanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building pennits. All fences shall taper down to 3-feet maximum within 20 feet of all right-of-way. All fencing shall be installed in accordance with MCC 12-4-10. 7, Maintenance of all common areas shall be the responsibility of the Silver Oaks Homeowners' Association. This proposed development is currently not serviceable by the City of Meridian's sewer system. This proposed development is master planned to sewer to the Black Cat Trunk via extensions of sewer main through Chesterfield Subdivision. Chesterfield is not currently under construction therefore proceeding through the approval process is strictly the risk of the applicant. The City of Meridian does not guarantee sewer service within the development time limitations outlined in Meridian City Ordinance. The applicant shall be responsible to install sewer mains to and through this proposed development thereby making them available to neighboring properties. The applicant shall coordinate main sizing and routing with City of Meridian Public Works Department, and execute City of Meridian's standard fonns of easement for any mains that at are required to provide service. AZ.05-016, 1'1'-05-023, CUP-05-024 Silver Oaks.AZ.Pr.CUI'.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page 14 The preliminary site plan shows the Black Cat trunk running 12-foot off of the eastem property boundary of this development. The master sewer plan, which Chesterfield has complied with, shows this main 20-foot off ofthe property line. The applicant shall align the sewer trunk to confonn to the master plan. 9. All water and sewer mains that are not in the ACHD right-of-way shall be centered in a 20-foot wide easement. Said easement shall be free of any large landscaping or fixed vertical objects 10. Municipal water to this site shall be via extensions from existing mains in Franklin Road and future mains in the Chesterfield Development from the north. Applicant shall be responsible to construct water mains to and through this proposed development, thereby making them available to adjacent properties. 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, 11. Other than the public street access approved by ACHD, direct lot access to Franklin Road is prohibited. A note shall be placed on the final plat restricting access to Franklin Road. GENERAL REQUIREMENTS-PRELIMINARY PLAT 1. All grading of the site shall be perfonned in confonnance with MCC 11-12- 3H. 2, Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. 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., prior to signature on the final plat. 4. 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. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and pennit from the Public Works Department prior commencing installations. 7, 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. AZ-O5.016, PP.O5-023, CUP-O5-024 Silver Oaks.AZ.PP_CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page 15 9, 16. 17. 18, 8, The applicant shall coordinate mailbox locations with the Meridian Post Office. 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 ilTigation. 10. 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. 11. 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. 12. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 13. The applicant shall be responsible for application and compliance with any NPDES Permitting that may be required by the Environmental Protection Agency. 14. The applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Anny Corps of Engineers. 15. Submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall no 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 applicant's 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 crawlspaces is at least 1-foot above said elevation. Staffs failure to cite specific ordinance provIsIOns or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4, CONDITIONAL USE ANALYSIS The Commission and Council shall reVIew the particular facts and circumstances of each AZ-O5-016. PP-O5-023. CUP.O5-024 Silver Oaks.AZ_PP.CUP.doc Planning & Zoning CommissionJMayor & City Council P&Z Hearing Date: June 16, 2005 Page 16 proposed conditional use in tenus of the following and may approve a conditional use pennit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. B. 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; As part of the Planned Development (PD) the applicant is requesting relief from the standard street frontage requirement and number of buildings per lot, as required by Meridian City Code. See Special Consideration #1 below for detailed analysis. Staff finds that the subject property is large enough to accommodate the requested use and all other required features. Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modify specific development standards. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Staff finds that the proposed multi-family residential subdivision, with a gross density of 12.26 dwelling units per acre, is generally hannonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the site to be "High Density Residential". Furthennore, the Professional Offices and Daycare can be accommodated as the neighboring land uses are industrial, commercial, and mixed use as well as fitting the zoning use exception standards of the Planned Development (provided the Commission and Council grant the requested planned development). Please see Annexation & Zoning Analysis "A" above. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Please see Annexation & Zoning Analysis "E" above. 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 recommends that the Commission and Council rely upon public testimony, staffs analysis, and other agency comments when detennining if the proposed uses will adversely affect other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; AZ.O5-016, PP.O5-023, CUP-O5-024 SHy".' Oaks.ALPP_CUP.do< Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page 17 Please see Annexation & Zoning Analysis "G" and "H" above, the Other Agency/Department Comments and Conditions at the end of this report, and any comments that may be submitted to the City Clerk regarding this project. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Annexation & Zoning Analysis "H" above. 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; Please see Annexation and Zoning Analysis "I" above. 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; Please see Annexation & Zoning Analysis "J" above. The Commission and Council should review any comments received from the ACHD provide for this project when determining this finding. 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. Please see Annexation & Zoning Analysis "K" above. SPECIAL CONSIDERATIONS-CONDITIONAL USE PERMIT 1. Reduced Standards: As stated earlier, the applicant is requesting modifications from standard ordinance requirements for street frontage and number of buildings per lot. Lot Frontage: The minimum requested street frontage is none. (50 feet is the minimum for the R-15 zone; 30 feet is the minimum for the L-O zone.). The multi-family lot is contained within private accesses and the individual units will be accessed through Common Drives. This lot requires relief from the minimum street frontage as currently designed with the collector road becoming private approximately 464 feet north of Franklin Road. Staff has conditioned the project to provide a public stub street from the proposed public road terminus to the west which will provide approximately 400 Feet of frontage to both lots. This will make the request for waiver of lot frontage null, as both lots will receive frontage from the public road extension from the collector road to the Kennedy Lateral. AZ.OS.O16, PP-OS-O23, CUP-OS-O24 Silver Oaks,AZ.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page 18 Setbacks: All setbacks should comply with the appropriately zoned district. 2. Amenities: MCC 12-6-2.A.3 requires two or more amenities to be provided as part of each planned development. The proposed amenities for the subject planned development include: an extensive open space system for pathways and a large multifamily lot which will contain seventy-seven units (77) with a clubhouse, pool, and fitness center. The proposed open space makes up greater than 10% of the site, 5% minimum is required and it takes 10% to count open space as an amenity. The applicant is not proposing specific parking for the clubhouse or an internal pedestrian system for access to the clubhouse, the applicant should provide crosswalks to facilitate pedestrian traffic across the parking lot. As proposed, staff believes the proposed clubhouse/pool/fitness center and open space areas provide sufficient amenities relative to the size of the proposed multi-family development. The commercial portion of the Planned Development proposes no amenities as defined by the applicant; Sheet Ll.5 does not show any amenities as required by MCC 12-6-2-3. The commercial portion will be required to provide an appropriate amenity as a part of the planned development. Landscaped open space means land exclusive of street rights-of-way and street buffers, except for right-of-way specifically dedicated for landscaping within a subdivision. The applicant has not calculated the total open space areas which count toward open space. No drainage lots, required street buffers, or canal buffers can be included in this calculation, See Site Specific Condition of Approval # 4. 3. Elevations: The applicant has submitted several ftont elevation drawings for the proposed dwelling units and commercial buildings. Staff believes that the dwelling units will be compatible with the adjoining uses, if the buildings are constructed as shown on the submitted elevations. Construction within Silver Oaks Subdivision should substantially comply with the elevations submitted by the applicant. Construction materials used on the structures should be approved by the City of Meridian Building Department and in accordance with the most recent Unifonn Building Code. See Site Specific Condition #3 below. SITE SPECIFIC CONDITIONS-CONDITIONAL USE PERMIT 1. The site plan prepared by Insite Architects, dated March 15, 2005, is approved, with the conditions listed herein. Applicant shall meet all of the requirements of the Annexation/Zoning (AZ-05-016) and Preliminary Plat (PP-05-023) as a condition of the Conditional Use Pennit (CUP-05-024). 2. The project shall confonn to the respective R-15 and L-O dimensional standards, MCC 11-9-1. 3. Construction within Silver Oaks Subdivision shall substantially comply with the elevations submitted by the applicant. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Unifonn Building Code. AZ-OS.O16. PP-OS-O23, CUP-OS-O24 SUv... Oaks.AZ,PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page 19 4. The applicant shall submit a detailed open space report to classify the open space being applied towards an amenity. Landscaped open space means land exclusive of street rights-of-way and street buffers, except for right-of-way specifically dedicated for landscaping within a subdivision. Since all the open space is independent of lot lines the applicant shall substantially comply with the design as submitted, subject to the conditions of approval contained within this report, 5. Provide common open space that equals or exceeds ten percent of the gross land area for the multi-family portion of the development. 6. Provide each multi-family dwelling unit with at least one hundred square feet of use able private open space. Other Ae:encv/Department Comments & Conditions MERIDIAN FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d, Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers when spacing 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. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 5. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 6. Provide a 24' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 7. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". AZ-O5-016. PP.O5-023, CUP.O5.024 Silve, OaksAZ.PP.CUP.doo Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page 20 8. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. 9. 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. 10. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The applicant shall provide a stub street to the property to the west and north. The two entrances should be separated by no less than Y2 the diagonal measurement of the full development. 11. Building setbacks shall be per the International Building Code for one and two story construction. 12. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 13. 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. 14. The proposed multi-family lot has an estimated 308 units with a total estimated population of894 residents at build out The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 15. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 16. Maintain a separation 0[5' ttom the building to the dumpster enclosure. 17. Provide a Knoxbox entry system for the complex prior to occupancy. 18. The first digit of the Apartment/Office Suite shall correspond to the floor level. 19. The applicant shall work with Planning Department staff to provide a named private street address identification plan including a pylon/monument sign at the required intersection(s). AZ-OS-OI6. PP-OS-O23, CUP-O5-024 Silva: O.ks,AZ,PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page 21 20. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 21. Provide exterior egress lighting as required by the International Building & Fire Codes. 22. 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 fife 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). 23. All Daycare's with 7 or more children must pass an inspection using the criteria of the Idaho State Fire Marshal. If the applicant has concerns about meeting the State Fire Marshal criteria an inspection will be completed at a cost of $20. 24. There shall be a fire hydrant within 100' of all fire department connections. 25. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D1O5. 26. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project as soon as possible. MERIDIAN PARKS DEPARTMENT 1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3- 2 and 3-3, sections B & C. The pathway should connect through to Bellingham park subdivision. If Bellingham Park Subdivision fails to be approved the applicant shall provide on street connection from Lot 16 Block 16 to the Ten Mile Creek until such a time as an extension is possible. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 3. Minimum acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks, and Neighborhood Parks. Neighborhood Parks will be AZ-O5-016, PP-O5-023. CUP-O5-024 Silver Oaks.AZ.PP.CUP.do< Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page 22 reviewed on a case-by-case basis. The City may choose to maintain neighborhood parks at an acreage of seven acres or larger. It will be the responsibility of private homeowner groups or associations to develop and maintain the smaller mini parks and some Neighborhood Parks in their subdivision that the City does not maintain, Construction fill and grading must be approved by the Meridian Parks Director. 4, Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. MERIDIAN POLICE DEPARTMENT 1. The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 2. To increase emergency access to the site, the applicant shall provide a stub street to the property to the (west! north). Prior to the next public hearing, the applicant shall submit a revised plat!site plan to reflect this requirement. 3. The proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 4. Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5, The pedestrian access to the proposed clubhouse/community entrance is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. 6. The proposed landscaping creates a hiding spot near building units 21 and 22, The applicant shall submit a revised landscaping plan that affords greater visibility of the area from public areas such as a street or parking lot. CENTRAL DISTRICT HEALTH DEPARTMENT 1. Run-off is not to create a mosquito breeding problem. 2. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. AZ.O5-016, PP.O5-023, COP-O5-024 Silver Oaks.AZ,PP.CUP,doc ACHD 2, 3. 4. Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page 23 3, The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stonnwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. SANITARY SERVICES 1. 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. ADA COUNTY HIGHWAY DISTRICT A. Note to the City of Meridian 1. ACHD would prefer that the proposed north-south public street not extend beyond the first proposed driveway. The site is a network of private roads and driveways, and there does not appear to be a need for a public street beyond that point. If the City of Meridian requires the public roadway to extend to the north property line, as shown on the plans, ACHD will accept that condition. 2. The applicant is not proposing to develop this property with a public street network. If the City does not allow private streets and driveways, the roadways may be public, provided that are designed and constructed to ACHD roadway standards. If the City requires a public street network, then the applicant should construct a stub street to the Kennedy Lateral and should road trust for one-half the cost of a bridge to cross the lateral. Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Franklin Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building pennit (or other required pennits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right -of-way. Provide the District with a road trust deposit for the construction of 150-linear feet of concrete sidewalk ($20.00 per linear foot) and one half of the cost ofthe pedestrian crossmg. Construct a public street that intersects Franklin Road at the east property line, as proposed. Construct the public street located at the east property line as one half of a 40-foot street section with 24-feet of pavement with vertical curb, gutter and a 5-foot attached concrete sidewalk on the west side of the roadway and a 3-foot gravel shoulder and an adequately sized drainage swale on the east side of the roadway. AZ-O5-016, PP.O5.023, CUP-O5-024 Silver Oaks.AZ.PP_CUP.doe Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page 24 5, Construct a 30-foot wide curb return type driveway that intersects the public roadway approximately 425-feet north of Franklin Road. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with IS-foot radii abutting the existing roadway edge. 6, Construct a turnaround at the tenninus of the public roadway. Construct the turnaround at the tenninus of the public roadway to provide a minimum turning radius of 55-feet. 7. Construct a center turn lane at the intersection of the public roadway and Franklin Road. Construct the center turn lane to provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 8. Construct a westbound right-hand turn lane at the intersection of the public roadway and Franklin Road. Coordinate the design of the taper with District staff. 9. Other than the pubic road that has specifically been approved with this application, direct lot access to Franklin Road is prohibited. A note will be required on the final plat stating the access restrictions to Franklin Road. 10. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way, 2, All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pennits), which incorporates any required design changes. AZ.O5-016. PP-O5-023, CUP-O5-024 Silver Oaks.AZ.PP.CUP,doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 16,2005 Page 25 7. Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the tenDS and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinnation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. RECOMMENDATION Staff recommends approval of the submitted annexation/zoning (AZ-05-0 16), preliminary plat (PP-05-023), and conditional use pennit (CUP-05-024) applications, with the conditions listed herein. AZ-O5-016, PP-O5-023, CUP-O5.024 Silver Oaks.AZ.PP.CUP.doc Meridian Planning & Zoning May 19, 2005 Page 56 of 67 Moe: Okay. I could probably do this. Let's see. Mr. Chairman, I move that we forward on to City Council approval of PP 05-018, with all staff comments for the hearing date of May 19th, 2005, received by the city clerk's office May 13th, 2005, with one change -- thank you. Under the preliminary plat general requirements, item number four -- under number four where it notes high-pressure sodium, I'd like to change that to read metal halide streetlights at a wattage as approve previously in the subdivision. - Rohm: Second. -- Zaremba: There is a motion and a second. All in favor say aye. Anyopposed? Motion carries. MOTION CARRIED: ALL AYES. Moe: Mr. Chairman? Zaremba: Commissioner Moe. Moe: I move we forward to City Council approval of CUP 05-023, to include all staff comments of the hearing date May 19th, 2005, received by the city clerk's office May 13th, 2005. Rohm: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: AZ 05-016 Request for Annexation and Zoning of 28.65 acres from RUT to R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. - north of West Franklin Road and west of North Ten Mile Road: Item 15: Public Hearing: CUP 05-024 Request for a Conditional Use Permit for a Planned Development for multi-family / clubhouse / office / daycare development with no minimum street frontage and multiple buildings on a single lot on 28.65 acres in proposed R-15 and L-O zones for Silver Oaks Subdivision by Charter Builders, Inc. - north of West Franklin Road and west of North Ten Mile Road: Zaremba: Thank you. Thank you. Next we will open the Public Hearing for AZ 05-016 and CUP 05-024. Both of these relate to Silver Oaks Subdivision and we have a request to continue these immediately to June 16th, '05, for both the ACHD action and the staff report. Is there a motion to that effect? Meridian Planning & Zoning May 19, 2005 Page 57 of 67 Borup: So moved. Rohm: Second. Zaremba: We have a motion and a second to continue Items 14 and 15 to June 16th, '05. All in favor say aye. Anyopposed? That motion carries. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: CUP 05-025 Request to modify the previously approved Conditional Use Permit / Planned Development to include changes to building elevations, parking area and amenities for Troy Place Subdivision by Pinnacle Engineers, Inc. - 1236 East 2 Y:z Street: Zaremba: I'd like open the Public Hearing for Item 16, that's CUP 05-025, request to modify the previously approved Conditional Use Permit and planned development, to include changes to building elevations, parking area, and amenities for Troy Place Subdivision by Pinnacle Engineers, Inc., 1236 East 2 1/2 Street and we will begin with the staff report, please. Hood: Thank you, Mr. Chairman, Members of the Commission. As you know, this a modification to a previously approved Conditional Use Permit located on the east side of 2 1/2 Street, just across the street from the gymnasium and the parking that we talked about earlier. This was approved in early 2004 and has come under separate ownership and they have made the changes you just mentioned in your summary to the structures, the parking, and slightly to the amenities. I will touch on those here in just a second. There is an aerial view. To the north is single family. To the east is some multi-family units. To the south is the salon that was talked about on the 2 1/2 Street frontage. And there are single-family homes on the southeast of the subject property and, again, duplexes and Cole Valley Christian across 2 1/2 Street. This is the subject site plan. The pad sites are approximately the same as the previous project, which is shown here, in the same general location. The parking layout has significantly changed. They have added, in addition to the tandem parking stalls that are proposed, so each unit has a garage stall and another spot behind that for another car. In addition to that they have three visitor parking stalls located in this general location. The on- street parking in this area was discussed with the previous application, so they are showing some visitor parking, in addition to the existing triplexes approved in 2003 by the city, this home was converted into a triplex in 2003. They do have six parking stalls for that triplex and two per unit there as well. As I mentioned, in addition to the parking change, the elevations, which I breezed through briefly, are -- I'm going to jump back to those just real quick and try to explain the units, how they layout. The two inside units have livable space on the ground floor and second floors, with the outside units taking access through the stairwells to livable space on the second and third floors above. I believe that's how it works, from what I can tell from the floor plan, anyway. It's a little different. Here is the rear of the building, which is, actually, if you go back to the site plan, this would be the front. The buildings face each other, so the rear of the building, CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE June 16, 2005 ITEM # 6 PROJECT NUMBER CU P 05-024 PROJECT NAME Silver Oaks Subdivision NAME (PLEASE PRINT) FOR AGAINST NEUTRAL CUP 05-024 MERIDIAN PLANNING & ZONING MEETING APPLICANT Charter Builders, Inc. May 19, 2005 ITEM NO. 15 REQUEST Public Hearing: CUP for a PO for multi-family, clubhouse, office, doycare development wIno minimum street frontage & multiple buildings on a single lot on 28.65 acres in a proposed R-15 & L-O zones for Silver Oaks Sub - north of W. Franklin Rd & west of N. Ten Mile Rd AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY POLICE DEPT: CITY FIRE DEPT: ~~vY ~ ~ ,-£ ~t' ~,\J. ~\ CITY PLANNING DIRECTOR: CITY ATTORNEY CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: No Comment MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: See attached Comments ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: See attached Comments See attached Comments NAMPA MERIDIAN IRRIGATION: SETTLERS'IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Joint School District No.2 911 Meridian Road. Meridian, Idaho 83642 . (208) 855-4500 . Fax (208) 888-6700 SUPERINTENDENT Dr. Linda Clark RECEIVED APR 1 8 2005 April 15,2005 City of Meridian City Clerk Office City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Planners: The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. Approval of Silver Oaks Subdivision will have a significant impact on school enrollments at Chaparral Elementary. Meridian Middle. and Meridian High School. We can predict that these homes, when completed, will house ninety-four (94) elementary aged children, eighty-five (85) middle school aged children, and sixty-four (64) senior high aged students. Additional students will further compound the current overcrowded situation. Residents cannot be assured of attending the neighborhood school, as it may be necessary to bus students to other schools across the district. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. If you have any questions, please contact me at 855-4500. Sincerely, ~~ Wendel Bigham Supervisor of Facilities and Construction '-, '.., I)1l CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT \1Ö" 8tð1!~ E nvi run mental Health Divis ion Rezone # Conditional Use # ~ Z OJ ~o/6 (!u.fJ 6?S' -O¡J.Y' Preliminary / Final/Short Plat ~ ~)/¿t/e;1- ð/fKS ~u&IJ///IS/tJ RECElv~::r~ . " -- "" £!:'" i,: ,,:',: APR-2-L20Q!~ ~ :' ; . :;~~~ a 0 "'.F. . . R City Clerk OWn: Return to: 0 Boise 0 Eagle - Qparden City ~eridian 0 Kuna OACZ 0 Star 0 1. We have No Objections to this Proposal. 0 2. We recommend Denial of this Proposal. 0 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. 0 4. We will require more data concerning soil conditions on this Proposal before we can comment. 05, Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: 0 high seasonal ground water 0 waste flow characteristics 0 or bedrock from original grade 0 other 0 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. 0 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ~ 8. After wri~approval from appropriate entities are submitted, we can approve this proposal for: F ntral sewage g community sewage system 0 community water well interim sewage ~entral water 0 individual sewage 0 individual water ~. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division~f nvironmental Quality: entral sewage ~ommunity sewage system 0 community water sewage dry lines rentral water Run-off is not to create a mosquito breeding problem. Ø-10. 0 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 0 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 0 13. We will require plans be submitted for a plan review for any: 0 food establishment 0 swimming pools or spas 0 beverage establishment 0 grocery store ~ 4. Please see attached stormwater management recommendations 015. 0 child care center OateOfi1kð It Reviewed By: Y'tt ¡It:. ~ 15726.001EHO904 Review Sheet (ltR~~lTH DEPARTMENT MAIN OFFICE, 707 N. ARMSTRONG PL. . BOISE, 1083704-0825 . (208) 375-5211 . FAX 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of Ollr environment, STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Department of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. Ada I Boise County Office 707 N. Armstrong PI. Boise, 10 83704 Enviro, Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Serving Valley, Elmore, Boise, ami Ada Counties Elmore County Office 520 E. 8th St. North Mountain Home, 10 83647 Enviro. Health: 587-9225 Family Health: 587-4407 WlC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1st 51. P.O. Box 1448 McCall, 10 83638 Ph. 634-7194 FAX: 634-2174 UrnO.I2«.."" ~~i.\ A'~"-- eø-ø-uttø ~ John S. Franden, President Sherry R. Huber, 1st Vice President David Bivens, 2nd Vice President Carol A. McKee, Commissioner Rebecca W. Arnold, Commissioner April 19, 2005 RECEIVED APR 2 5 2005 To: Dave McKinnon 405 South 8th Street Suite 290 Boise Idaho 83702 City of Meridian City Clerk office SUbject: Silver Oaks Subdivision Conditional Use Permit for 77- Multi-family Buildings, 4-0ffice Lots and Daycare Franklin Road west of Ten Mile Road On April 14, 2005, the Ada County Highway District received a conditional use application for 77- multi- family buildings, 4-office lots and a daycare facility on 28.65~acres. District policy 7106.1 requires a traffic study be completed, "if the proposed development contains more than 100 dwelling units, more than 30,000 square feet of commercial space, or more than 50,000 square feet of industrial or institutional use." Due to the fact that this development is proposed to meet this threshold, the applicant should submit a traffic impact study to the District as soon as possible for review. Once the District has received a traffic impact study for the proposed development, the District can compile a final report for the City of Meridian. If you have any questions, please feel free to contact me at 208-387-6177. Andrea N. Tuning Planner III Right-of-way & Development Services, Planning Division CC: Project file, Construction Services, Utilities City of Meridian Ten Mile Development 1409 East 1 st Street Meridian Idaho 83642 Ada County Highway District. 3775 Adams Street. Garden City, ID . 83714. PH 208-387-6100 . FX 345-7650. www.achd.ada.id.us CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET "--.._._---------=---c.~_. - M a y-'l9~-~2QQ_g__--- ITEM # 15 --------- DATE - ------ --- PROJECJ~NUMBER CUP 05-024 ._---~.,.--~ >--::-J--'PROJECT NAME Silver Oaks Subdivision NAME (PLEASE PRINT) FOR AGAINST NEUTRAL (brJ S ~t4- LJZJ (? ~ V ( ... R,ECEIVED' MAY 1 6 2005 City of Meridian City Clerk Office ~ & ~ 'l~ 'Z)é4tUct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651 -4395 FAX # 208-463-0092 6 May, 2005 ~~~ M'~ s- \ q-o~ 1" 1v~:¡t I/.. , 15' phone5: Area Code 208 OFFICE: Nampa 466"7861 SHOP: Nampa 466-0663 William G. Berg Jr., City Clerk City of Meridian 33 East Idaho Ave. ------ -Meridíaii, ID 83642 RE: CUP 05-024 & AZ 05-016/Silver Oaks Subdivision Dear Will: Nampa & Meridian Irrigation District requires that a Land Use Change Application be filed, for review, prior to final platting. Please contact Donna Moore at 466-7861 for further infonnation. All laterals and waste ways must be protected. The District's Kennedy Lateral courses along the northwest boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans, The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, f3 d!t' pi ~ Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: A Damberger , File - Office/Shop ~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS. 40,000 RECEIVED MAY 1 6 2005 City of Me<;d;an ~c Q~~ CU. Cleek Office ~&~~,' «Nt. ~ tee 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 12 May 2005 phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Dave McKinnon 405 South 8th Street, Suite 290 Boise, 10 83702 -- ---- ------~- 8E~_~ Lang _Uf)~--Chal]ge_AQP!lca~i9--n - ~iIver °ê!~sSubdi~i_sion --- Please note the District now re uires three- 3 Dear Mr. McKinnon: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, D~re!~l ~asurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNM/smc cc: File Water Superintendent Will Berg, City Clerk, Meridian City enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS" 23,000 BOISE PROJEG RIGHTS. 40,000