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HomeMy WebLinkAboutMarlin Sub CUP 02-010WHITE PETERSON *Also admitted in OR ** Al~o admitted inWA WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. A'FrORNEYS AT LAW 5700 E. FP. ANKL~ RD., SurrE 200 NAM~n, IDahO 8368%8402 TEL (208) 466-~272 F~ (208) 486-44O5 E-MAIL ~wh~petemon.com MERIDIAN OFFICE POST OFRCE Box 1150 MERIDIAN. IDAHO 83680-1150 TEL. (208) 288-2499 FAX (208) 288-1193 PLEASE REPLY TO MERIDIAN OFFICE To: May 17, 2002 Staff elicant cted Property Owner(s) Re: Application Case NO CUP02-010 RECEIVED ~A¥ 2 3 2002 CITY OF MERIDIAN CITY CLERK OFFfCF FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMIVIISSION Staff, Applicant and/or Afl. ted Property Owner(s): Please note that these Findings and Rec_ommepdati. ons qr..the PI.arming and Zoning Commission shall, be presented to the ,Ci_ty Coun,ci,1 a.t .th.e p.utmc~ean.ng.,on the above referenced .mgttqr b..y, the Planning aha z,oning Aom!mstrator. ~ue. ~.o me volume of matters which the City Council must dec. ide, ar!d to ~ ,nsure yg,ur pontoon is understood and clear, it is iml~.rtant to have a_consis.t, em tOrma[ oy wmcn matters are presemed at the public hearings before the City Council The City Council strongly recommends: 1. That you take time to carefully review.the Findings. and Recommendg..t!ons of.,th.e Plamiing and Zoning Commission, ano oe pr_ e_pa~ to state your p~o ?,moan,on t.ms app. lication by addressing the Findings add Recommendations ot me tqanmng ah~l Zoning Commission; and 2. That you careful), complete (be sure it is ..l~ible)_ the Position Statement if [ou disal[ree with the Finding6 and Recommendations of.t_he Planning .a.n.d. Zoni.ng ~ommissmn, The Position Statement form for this application is available at City Clerk's office. It is recommended that Xou prepare a P. osition State.m, e, nt ,and deliver i.t to the City Clerk prior to the h _ea3~.' gof pos.sib-le: I.f that is n,ot posmp, m, p)ea.~ present your Position Statement to the C. ity Council at me hearing, along wire eight L~) copies. The copies will be presented .to _.the .Mayor, C, guncil, Planni.ngo and Zo.mg Administrator, Public .Works and ~e City_Attorney..~r ~tg.u .are a paE,ot a group, ?. strongly recommended that one Pos~itio. n Statement be tilled out tor me group, wmcn can b~ signed by the representative tot me group. _ ,~ - City Afro .~/ff~y ~ (kftice BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST CONOrrlONAL USE PERMIT FOR A PLANNED DEVELOPMENT IN A R-4 ZONE WINSTON MOORE, Applicant Case No. CUP - 02-010 RECOMMENDATION TO CITY COUNCIL The property is located north of 1-84, east of S. Linder Road, Meridian. The owner of record of the subject property is Kimball Properties Limited Partnership and Winston Moore of Boise. Applicant is Winston Moore. The subject property is currently zoned RUT. There is however an application of annexation and zoning to R-4 before the Meridian City Council. The zoning district of R- 4 is defined within the City of Meridian Zoning and Development Ordinance, Section t 1- 7-2. The applicant requests the conditional use permit for development of a 152 building lot and 6 other lot residential subdivision. The R-4 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 TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE PROPOSED MARLIN SUBDMSION - WINSTON MOORE - Page 1 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: Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. Per Ordinance 12-6-2.A.4, all houses within Marlin Subdivision shall have at least one hundred (100) square feet of useable private open space, such as a patio or deck. The Planning and Zoning Commission strongly supports the two centralized and accessible open space lots. Lot 1, Block 6 is especially well sited and maximizes the open space view and usability of the 28+ lots that front onto the green space. One recommendation we have to improve the open space features of the subdivision is to re- configure Lot 6, Block 3 so this mini-park, or at least a view comdor into the park, is visible from the main Verbena Drive entrance. As currently designed, Lots 21 - 25, Block 3, block visibility into this open space area until the vehicle or pedestrian either tums north on Barracuda Avenue or travels 250+ feet east past Lot 21, Block 3. We feel it would create a benefit to the subdivision to "showcase" the open space at the main entrance off Linder Road. Staff recommends Lot 6, Block 3 be re-configured to maximize the main entrance view corridor into this open space area. The Applicant shall confirm which net open space calculation listed on the Preliminary Plat is correct. The "Open Space Calculations" block shows 181,835 sq. ft. (10.44%) and the "Preliminary Plat Features" block shows 191,819 sq. ft. (11.01%). The Applicant shall correct this discrepancy on the plat. In either instance, the minimum 10% open space required to count as one of the project's two amenities has been met. 5. Per Ordinance 12-6-2.A.3, at least two (2) amenities must be provided as part of every planned development. The 10+ percent open space noted in Item #3 above counts as one of the required amenities and Staff strongly supports the central location and size of this open space. However, a second project amenity must be provided. At the P&Z Commission public hearing, the Applicant shall submit in writing a description of their proposed second amenity and on which open space lot it will be sited. The Commission should consider whether the proposed amenity meets the intent of Ordinance 12-6-2.A. 3 and is adequate to meet the needs of the anticipated 453 residents of this subdivision (152 d.u. x avg. household size of 2.98 persons for owner-occupied units in Meridian). The Planning and Zoning Commission recognizes Applicant's attempt to create parks for RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE PROPOSED MARLIN SUBDMSION- WINSTON MOORE - Page 2 the use and enjoyment of area residents. Commission recommends that stationary playground equipment be placed in the development's parks In lieu of some of the barbecue/picnic areas called for In Applicant's plana Per Ordinance 12-6-8, initiation of work on Marlin Subdivision must take place within eighteen (18) months of approval, as set forth in Section 11-17-4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. Adopt the Recommendations of the ACHD as follows: Dedicate 48-feet for 615-feet tapering to 100-feet for approximately 700-feet to 1-84 of right- of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed. The right-of-my purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Construct a 5-foot wide detached concrete sidewalk on Linder Road located 2-feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. An agreement must be approved prior to scheduling the final plat for signature. Construct the main entrance to the subdivision, West Verbena Drive, located 600-feet south of the north property line and intersecting with Linder Road, as proposed. This location meets District policy and is approved with this application. Construct West Verbena Road (extending from Linder Road approximately 250-feet east) as a 42-foot street section within 60-feet of right-of-way with curb, gutter and 4-foot detached sidewalk, as proposed. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50.feet of fight-of-way. Construct North Rainbow Trout Avenue south of West Silver Salmon Drive and West Brook Trout Drive as a 29-foot street section with curb, gutter and 5-foot wide concrete sidewalk within 50-feet of right-of-way with parking restricted on one side of each of the roadways. A signage plan shall be submitted for review and approval by Planning and Development staff RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE PROPOSED MARLIN SUBDMSION- WINSTON MOORE - Page 3 7. Extend West Verbena Drive, an existing stub street; into the site at the west property line, ] that is a port of The Landing Subdivision, as proposed. o Construct an ACHD approved turnaround at the end of West Black Marlin Court. Submit a design of the turnaround for review and approval by District staff. The tumarounds shall be constructed to provide a minimum turning radius of 45-feet. The applicant shall also be required to provide a minimum of a 29-foot street section on either side of any proposed center islands within the tumarounds. The medians shall be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. Dedicate 54-feet of right-of-way plus the additional width of the median. 9. Construct six knuckles, as proposed. Northwest comer of West Brown Trout Street and North Grayling Avenue. Southwest comer of North Grayling Avenue and North Barracuda Avenue. · Southeast comer of North Roostcrfish Avenue and North Barracuda Avenue. · Southwest comer of West Brook Trout Way and North Rainbow Trout Avenue. · Southeast comer of North Bass Drive and West Silver Salmon Drive. · Northeast comer of West Brown Trout Street and North Black Marlin Drive. If the applicant proposes to construct traffic islands within the knuckles, the applicant shall be required to construct a traffic island in the knuckle; the traffic island shall be a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island shall maintain a minimum of a 29-foot street section. The design shall be reviewed and approved by ACHD's Planning and Developmem staff. 10. Any proposed landscape islands/medians within the public fight-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 11 .Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 12.Any existing irrigation facilities shall be relocated outside of the fight-of-way. 13. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 14. Other than the public road specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Meridian Fire Department Recommendations as follows: RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE PROPOSED MARLIN SUBDMSION - WINSTON MOORE - Page 4 15. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UTC Appendix III-A 16. Operational fire hydrants and temporary or permanent street si~s are required before combustible eons~ction begins. UTC 901.4.2 & 901.3 17. Acceptance of the water supply for fire protection will be by the Meridian Water Department. ~ 18. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 19. All radii shall be 28' inside and 48' outside radius for all internal roads and entrances. 20. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 21. The roadways shall be built to Ada County Highway Standards with a minimum street width of 37'. UTC 902.2.1 22. The proposed 152 lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 440 residents at build out. According to a report completed by Fire & Emergency Services Consulting Group in February of 2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010, this is up from 2069 responses in the year 2000. 23. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 24. 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 a mm around. 25. The Meridian would support the strict application of the Uniform Building Code for sideyard setbacks with no variances. This would limit the potential fire spread from building to building in those blocks. 26. Provide a fire hydrant on the extreme South end of South Linder Rd. adjacent to the common fence with 1-84. The project engineer contact the fire marshal to work out the details of this installation. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CO~VDmONAL USE PERMIT FOR THE PROPOSED MARLIN SUBDMSION - WINSTON MOORE - Page 5 27. That a fire-flow consistent with Appendix m-A of the Uniform Fire Code be provided for the portions of the project which are not one or two family dwellings. Fire hydrants shall be placed an avorage of 400' apart. 1997 UFC Appendix III-A Adopt the Recommendation of the Nampa & Meridian Irrigation District. 1. Applicant shall apply for a land use change/site application. Adopt the Recommendations of the Central District Health Departmem 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 Quality. 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:\WarkkM~MeridiankM~ridian 153601vlkRecommendafiom\CUP02010Mafl~doo RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR THE PROPOSED MARLIN SUBDMSION - WINSTON MOORE - Ps. ge 6