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HomeMy WebLinkAboutThornton Four-Plex CUP 02-009WHITE PETERSON *Also ~lmit~d in OR ** Also admitted ~nWA To: WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ~ A. Pt~re, e. SON ]~RICA $. PHILLIPS ERIC S. ROSSMAN TODD A. RO~d. AN DAVID M. SW~Y P~S. T~W ~ R. W~** N~ L. WO~ ATTORNEYS AT LAW 5700 E. FRANKLIN RD., SUITE 200 NAMPA, I0.431o 836874402 TEL (208) 46~.9272 FAX (208) 466-4405 E=MAIL Qwhitepetemon.~om MERIDIAN OFFICE POST OFRCE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL. (208) 288-2499 FAX (208) 288-11 g0 PLEASE REPLY TO M_V.K~La.N O~CE Staff elieant eted Property Owner(s) Re: May 17, 2002 App~lieation Case NO CUP02-009 REcEivED HAY 2 3 2002 CITY OF MERIDIAN CITy CLE~R~ OFF/CF FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note th~ these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public_hearing 9n the above referenced matter by the Planning and Zbning Administrator. Due to the vol.ume of matters which the City Council must decide, ~n_d to insure your position is understogd and clear, it is important to have a consistent tbrrnat by wliich matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of ~e PI ,m~i."ng and Zoning Commission, and be prepared to state your p~ s,iti%.n,on this appli_cafion b_.y addressing the Findings and Recommendations or me manning ah8 foning ~;ommission; ana 2:. That you _enreful!y complete (be sure it is l.egible) the Position Statement if you dmagree with the F..m. ding~ and Recommendations of the Planning and Zoni.ng Commission. The Position Statement form for this application is available at thc City Clerk's office. _. I.t is reconug, en. ded that ~ou pr,e,~re_a_ P. osition State .m, ,ent ,and deliver i.t to the Ci~. Clerk prior to the heating, 1i possime. It' that is not possime, Elease present your Positron Statement to the C. ity Council at the hearing, along with eight (8) copies. The copies will be presented to the .Mayor, Council, Planning_ and Zohin$ Administrator, Public Works and_the City_Attorney. If you are a Iyart or- a group, it is stro.ngly recommended that one Pos__itiop Statement be tilled out for the group, Which can be signed by the representative tor the group. "' C,~tto"rffey's Office BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF TI~E ) REQUEST CONDITIONAL USE ) PERMIT FOR 4 TOWNHOUSE ) UNITS IN 2 STORY BULDING IN O- ) T ZONE FOR THORNTORN 4-PLEX ) ) Scott J. Thornton, Applicant Case No. CUP - 02-009 RECOMMENDATION TO CITY COUNCIL 2. 3. 4. o The property is located at 121 E. King Street, Meridian. The owner of record of the subject property is Scott J. Thornton. Applicant is owner of record. The subject property is currently zoned O-T. The zoning district of O-T is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. The applicant requests the conditional use permit for development of 4 townhouse style units in a two story building. The O-T zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested conditional use permit as requested by the applicant for the property described in the application, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. RECOMMENDATION TO CITY COUNCIl. OF APPROVAL OF CoNomONAL USE PERMIT FOR THE PROPOSED THORNTON 4-LEX - SCOTT THORNTON Page 1 Sanitary sewer and water service to this site will be provided via existing mains adjacent to the project site. Assessments for sewer and water service are determined during the building permit application process. In accordance with Ordinance No. 11-13-4.B.2., underground year-round pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit irrigation performance specifications based on the proposed landscaping when applying for a Certificate of Zoning Compliance. Applicant shall be required to utilize any existing surface or well water for the primary source, if existing. If City water is proposed for irrigation, developer shall be responsible to pay water assessments for the landscaped Building Setbacks: The Site Plan shows ten-foot side yard setbacks from both the east and west property lines, in compliance with City Ordinance. Ordinance requires a minimum of five feet setback per story. Ordinance 11-9-1, Minimum Yard Setback Requirements, does not have a specific required front or rear setback. Instead, it simply states to "see district regulation for corresponding use proposed". The Planning and Zoning Commission recommends approval of the front and rear setbacks as shown on the revised plan (4/27/02) with a five- foot parkway planter, five-foot sidewalk, and nine feet from edge of sidewalk to the structure as the front setback. The rear setback is beyond standard residential minimums already due to the proposed parking area. Parking: Ordinance 11-13-5.B. requires two off-street parking spaces be provided per unit for multi-family dwellings (garages are not required). As designed, the Applicant proposes eight (8) single car tandem spaces, which would meet the minimum off-street parking requirement. The Planning and Zoning Commission recommends the additional requirement of a carport covering over the four (4) innermost parking stalls. Landscaping: Ordinance 11-13-4.B. 1. and the Landscape Ordinance (12-13) require landscaping be provided on site for all multi-family residences. The Applicant is proposing two (2) two-inch caliper trees, lawn, and shrubs. This meets the basic requirements of the ordinances. The trees must be kept outside of the public fight-of- way. The applicant is responsible to ensure that no easements exist that would preclude the proposed landscaping. The application also states that the site has two existing trees. Ordinance 12-13-13-6 requires mitigation for all existing trees removed, unless the trees are deemed unhealthy or a hazard by the City Arborist. Given space limitations, full mitigation may be impossible. Therefore, the Commission should make an additional finding regarding the landscaping, if mitigation is required. Additional trees may be appropriate. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE PROPOSED THORNTON 4-LEX - SCOTT THORNTON Page 2 o o 11. Fencing: The Applicant did not address fencing on their proposed Site Plan and should be prepared to comment on this item at the public hearing. The Zoning & Development Ordinance does not address fencing requirements for multi-family housing. The Planning and Zoning Commission supports no fencing requirement for the project. If fencing is proposed, it should be of a "good neighbor" quality and should not be chain link or six- foot cedar. Since the Commission agrees not to require permanent fencing, the applicant shall contain debris on-site during construction so that it does not migrate onto adjacent properties. All HVAC equipment shall be located in the rear (east side) of the four-plex. Applicant shall coordinate with Sanitary Services Corporation (SSC) regarding the location and design of the trash enclosure area. Submit details and written approval with a Certificate of Zoning Compliance application. Significant alteration of elevations approved as part of the conditional use permit will not be considered without modification of the conditional use permit and additional public hearings. STANDARD REOUIREMENTS Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements, Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities ACt (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be subrm'tted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All drainage water is to be maintained on-site. Storm water trealment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with City Ordinance. 5. All signage shall be in accordance with the standards set forth in Ordinance 11-14 or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE PROPOSED THORNTON 4-LEX- SCOTT THORNTON Page 3 6. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office prior to applying for building permits. Trash enclosures shall not be included in required buffer areas. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. Adopt Meridian Fire Depm'tment Recommendations as follows: The project shall have a fire-flow as required by the Uniform Fire Code for the One and two family dwellings will require a fire-flow of 1,750 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 350' apart. 1997 UFC Appendix III-A Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The addresses shall be posted in 6" numbers on the street side of the building & small numbers shall be posted on each entry door. Adopt Ada County Highway District Recommendations as follows: Dedicate 25-feet of right-of-way from the centefline of King Street abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs fast. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right- of-way because King Street is a local street and is to be brought to adopted standards by the developers of abutting proper'des. Applicant is proposing to provide tandem parking off the alley. The applicant is required to pave the entire width of the alley to its full-required width of 16-feet and to the nearest street and abutting the parcel. Parking which is entered from the alley shall be designed so the minimum clear distance from the back of the parking stall to the RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE PROPOSED THORNTON 4-LEX - SCOTT THORNTON Page 4 opposite side of the alley is 22-feet for perpendicular parking. Parking in the alley is not allowed. Construct curb, gutter, 5-foot wide concrete sidewalk, and match paving on King Street abutting the parcel. Replace unused curb cuts on King Street with standard curb, gutter, and 5-foot wide concrete sidewalk to match the new improvements. Replace any existing damaged curb, gutter and sidewalk and anY that may be damaged during the construction of the proposed development. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Meet District drainage requirements per section 8000 of the ACHD Development Policy 8. If utility relocation is necessary to construct improvemems required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Any existing irrigation facilities shall be relocated outside of the right-of-way. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Qmity. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. ly/Z:\WorkXld~Me~idian~kaidian 153601VgReoommondatiom\CUP0209Thomton.doo RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE PROPOSED THORNTON 4-LEX- SCOTT THORNTON Page 5