HomeMy WebLinkAboutStaff ReportHUB OF TREASURE VALLEY
MAYOR
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LEGAL DEPARTMENT
Robert D. Come
CITY
CITY OF MERIDIAN
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COUNCIL MEMBERS
PUBLIC WORKS
Tammy deWeerd
33 EAST IDAHO
BUILDING DEPARTMENT
Keith Bird
MERIDIA111, IDAHO 83642
(208) 898-5500 - Fax 887-1297
Cherie McCandless
(208) 888-4433 • FAX (208) 887-4813
PLANNING AND ZONING
William L.M. Nary
City Clerk Office Fax (208) 8884218
DEPARTMENT
(208) 884-5533 • FAX 888-6854
MEMORANDUM: January 16, 2003
To: Mayor, City Council and Planning & Zoning Commission
From: Wendy Kirkpatrick, Planner II El VED
JAN
13 Bruce Freckleton, Senior Engineering Tech g* 20�3
Re: Locust Grove Place Subdivision
G�ty Cf Meridian
City Clerk Office
• Annexation and Zoning of 11.76 Acres from R40 ( High Density Residential),
C-C ( Community Business District) to R40 ( High Density R esidential),C-C
(Community Business District), by Wardle and Associates (File No. AZ-02-
02 7).
Preliminary Plat Approval of 74 residential lots including 22 detached single
family homes and 52 attached single family homes, two (2) commercial lots,
eight (8) landscape, storm drain, and common lots on 11.76 Acres in a R40
Zone, by L.C. Development (File No. PP-02-026).
Conditional Use Permit Approval for a Planned Development Consisting of
74 residential lots including 22 detached single family homes and 52 attached
single family homes, two (2) commercial lots, eight (8) Landscape, storm
drain, and common lots on 11.76 Acres in a R40 Zone, by L.C. Development.
We have reviewed the above referenced submittals and offer the following comments, as
conditions of approval. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the Meridian City Council:
APPLICATION SUMMARY
The applicant, L.C. Development, LLC, has applied for Annexation and Zoning, Preliminary Plat
and Conditional Use Permit Approval of 76 building lots (22 single family detached, 52 single
family attached, and 2 commercial lots), and 8 other lots on 11.76 acres of land located on the
west side of Locust Grove Road and t/4 mile of Fairview Ave. The zoning designation for the
subject property is R40, C-C.
The subject property currently has 2.927 acres zoned C-C (Community Business District).
Through the proposed rezone, the 2.927 acre area zoned C-C will be reduced to 0.74 acres. The
remainder of the 2.927 acre lot and the remainder of the subject property will be zoned R-40.
AZ-02401, CUP 02-041, PP 02-026
Locust Grove Place Subdivision. AZ,PP.CUP
Planning & Zoning Comir on/Mayor & City Council
January 16, 2003
Page 2
The two proposed commercial lots are 16,983 square feet and 15,436 square feet in size. The
two commercial lots are located on Locust Grove Road within the proposed subdivision.
The "other" lots within the subdivision include eight (8) large (2,278 — 55,021 square foot)
common lots /drainage lots in addition to the required landscape buffer lots. Two of the common
lots function as storm drainage and one common lot is a pedestrian pathway. The open space
lots constitute over fifteen percent (15%) of the entire subdivision.
The proposed single-family lots within the subdivision range from 3,592 square feet up to 6,792
square feet. The gross density for the residential portion of the subdivision is approximately 6.3
dwelling units per acre.
The applicant has asked for the following modification and/or reductions to the MCC as part of
the proposed Planned Development:
Setbacks- City Requirements Proposed Setbacks
Front:20' Front: 18.5' (20' from sidewalk)
Rear: 15' Rear: 13' (MCC does not allow this reduction)
Side: 0 Side: O' (common wall), 5' (non -common wall)
Street side: 20' Street side: 10'
Lot Size- City Requirements Proposed Lot Sizes
R-40 zone: none 3,600 sq. ft.
(Minimum)
Lot Frontage -City Requirements Proposed Frontage
none 40' minimum
(Section 12-6-2A-5 of the Meridian City Code does not allow a reduction in the rear
setback standards for Planned Developments in the R40 district.)
The legal description submitted with the application appears to meet the requirements of the City
of Meridian and State Tax Commission and places the parcel contiguous to existing city limits.
The subject property is within the Urban Service Planning Area and essential City services are or
can be made available to the subject property.
LOCATION
The subject property is located on the west side of Locust Grove Road approximately '/4 mile
south of Fairview Ave.
SURROUNDING PROPERTIES
North: Two commercial properties, zoned C-G (General Retail and Service Commercial
District) and C-2 (Ada County zoning.)
AZ 02-041, CUP 02-041, PP 02-026
Locust Grove Place Subdivision AZ.PP.CUP
Planning & Zoning Comm' )n/Mayor & City Council
January 16, 2003
Page 3
South: Danbury Fair Subdivision No. 7, zoned R8 (Medium Density Residential.)
East: Bordered by Locust Grove Road. Property east of Locust Grove Road property is zoned
RUT and is located in Ada County.
West: Danbury Fair Subdivision No. 2 zoned R-8 and Penn Station Apartments, zoned R-15
(Medium High Density Residential District.)
OWNER OF RECORD
L.C. Development Inc. is the owner of record and has submitted an affidavit of legal interest
ANNEXATION & ZONING ANALYSIS
According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both
the P&Z 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:
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;
Proposed zone change is not in compliance with the Comprehensive Plan, the
Comprehensive Plan designates the subject property as "High Density
Residential." The subject property was originally rezoned to CC under a previous
Comprehensive Plan which permitted the CC zoning designation. The proposed
rezone will reduce the area which is not in compliance with the current
Comprehensive Plan.
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
Staff does not anticipate that the applicant will rezone the subject property in the
future.
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;
Staff finds that the proposed commercial buildings and residential development
will be allowed within the requested C-C zone, (if accompanied with a
Conditional Use Permit for a Planned Development).
AZ 02-041, CUP 02-041, PP 02-026
Locust Grove Platt Subdivision AZ.PP.CUP
Planning & Zoning Comm �n/Mayor & City Council
January 16, 2003 �"'� ~'
Page 4
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;
The areas surrounding the subject property have been rezoned and developed at a
medium density that is conducive to commercial development. Several
commercial properties are located in the vicinity of the subject property.
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;
Staff finds that the proposed use (commercial and residential) will not change the
existing or intended character of the area which is medium -high and high density
residential.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
The Commission and Council should rely on public testimony (oral and written)
to determine whether or not the proposed use will be disturbing or hazardous to
the existing or future neighboring uses.
Staff does not anticipate that the proposed residential uses will be hazardous or
disturbing to future or existing neighbors.
G. Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire 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;
Staff finds that the property to be annexed will be served adequately by all
essential public facilities and services. Applicant shall be required to extend
water and sanitary sewer mains to and through the proposed development, thereby
making them available to the adjacent properties.
Please review ACHD and Fire Department's comments concerning this
subdivision for further information.
H. 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;
AZ 02-041, CUP 02-041, PP 02-026
Locust Grove Place Subdivision AZ.PP.CUP
Planning & Zoning Comm' on/Mayor & City Council
January 16, 2003
Page 5
Staff finds that there will not be excessive additional requirements at public cost
and that the annexation and zoning will not be detrimental to the community's
economic welfare.
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 finds that the proposed commercial development, as conditioned through the
development agreement, will not create excessive traffic, noise or other nuisances
that would be detrimental to the general welfare of the surrounding area.
Staff recognizes the fact that traffic and noise will increase with the approval of
this subdivision; however staff does not feel that the amount g enerated w ill be
detrimental to the public welfare of the city.
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;
Staff finds that the commercial property's vehicular traffic approaches off of
Locust Grove and will create new interference with the existing traffic on Locust
Grove, however staff does not believe that the commercial property will cause
significant interference on the surrounding public streets.
Please review ACHD comments concerning vehicular approaches and traffic
generation.
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
Staff finds that no natural or scenic features of major importance will be lost or
damaged by approving the annexation and re -zone. Any existing trees larger than
4" caliper that are removed shall be mitigated for, per the Landscape Ordinance.
L. Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)?
Staff finds that the annexation of this property would be in the best interest of the
City.
ANEXATION AND ZONING COMMENTS
I. 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
AZ 02-041, CUP 02-041, PP 02-026
Locust Grove Place Subdivision AZ.PP.CUP
Planning & Zoning Comn 'Lon/Mayor & City Council
January 16, 2003 I--,
Page 6
available from the City of Meridian. Wells may be used for non -domestic purposes such as
landscape irrigation.
2. The minimum lot area for the C-C zoning district is 8 acres. The proposed rezone does not
meet this dimensional requirement.
3. The legal description for annexation and zoning appears to describe the subject property, and
complies with the requirements of the State Tax Commission and City of Meridian.
PRELIMINARY PLAT FINDINGS AND REQUIREMENTS
Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed
subdivision, the Commission/Council shall consider the objectives of this title and at least the
following:
a. The conformance of the subdivision with the Comprehensive Development Plan;
Staff finds the subdivision to be in conformance with the Comprehensive Plan.
b. The availability of public services to accommodate the proposed development;
Staff finds that public services are available to accommodate the proposed development.
c. The continuity of the proposed development with the capital improvement
program;
Staff finds that the subdivision will not require the expenditure of capital improvement
funds.
d. The public financial capability of supporting services for the proposed
development;
Staff finds that the development will not require major expenditures for providing
supporting services.
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 other health, safety or environmental problems
associated with this subdivision that may be brought to the Council or Commission's
attention.
ADDITIONAL CONSIDERATIONS
1. Through the original Locust Grove Place application approved by Council April 17,
2001, the applicant was granted permission to connect N. Scrivner Avenue to the Locust
Grove Place subdivision through a pedestrian pathway. It should be noted that the
AZ 02-041, CUP 02-041, PP 02-026
Locust Grove Plan Subdivision AZ.PP.CUP
Planning & Zoning Comrr. 'on/Mayor & City Council
January 16, 2003
Page 7
original Locust Grove Place application and approval was for a development consisting
of a 180 unit apartment complex and a large commercial development.
SITE SPECIFIC COMMENTS / PRELIMINARY PLAT
1. N. Scribner Avenue should be connected to Drucker Street to improve connectivity between
the existing Danbury Fair subdivision and the proposed Locust Grove Place subdivision.
2. The proposed 15' buffer is not in compliance with the MCC. A 20' landscaped buffer should
be created between the proposed commercial development and adjoining residential uses.
4. Meridian City Fire has recommended that parking be allowed on only one side of the
subdivision streets to ensure that the subdivision has adequate emergency vehicle access.
Please revise the plat to depict which side will have restricted parking.
5. A cross -access easement between the two commercial lots should be depicted on the plat and
noted in the plat notes.
6. Lot 41 should be reconfigured to meet the side setback requirements for the R-40 zone.
7. A detailed fencing plan shall be submitted upon application of the final plat. A solid fence
shall be required around the perimeter of the subdivision unless the City agrees in writing
that such a fence is not required.
8. Add or revise the following preliminary plat notes:
(l.) Correct the plat note listing setbacks; the rear setback must be 15'. Per 12-6-5A-2 of
the MCC a reduction in rear setbacks is not allowed at the periphery of a Planned
Development.
(2.) Add a note to the face of the plat indicating that the Home Owners Association shall
be responsible for the maintenance of the common lots.
(3.) Add a note to the face of the plat restricting direct lot access to Locust Grove unless
specifically permitted by ACHD and the City of Meridian.
(4.) Add a note to the face of the plat that requires any re -subdivision of this plat to be in
compliance with the most recently approved subdivision standards of the City of
Meridian.
(5.) Add a note to the face of the plat that restricts fencing adjacent to the pathways
within the subdivision to being no greater than four feet in height if solid sight -obscuring
material is used for fence construction.
AZ 02-041, CUP 02-041, PP 02-026
Locust Grove Place Subdivision AZ.PP.CUP
Planning & Zoning Comm 'on/Mayor & City Council
January 16, 2003 '
Page 8
5. Construct a micropath providing connectivity between Locust View Street and the proposed
pathway along the Flume Canal between lots #6 and #7.
6. Ten (10) copies of a revised plat shall be submitted to the City Clerk's Office at least ten
days prior to the next public hearing for this plat.
7. Several existing ditches/drains traverse through the proposed subdivision, however it is not
clear on the preliminary plat map how these ditches/drains will be addressed. Please revise
the plat to show routing/piping information.
S. Correct the preliminary plat map to show how Lots 59 and 60 will be provide sanitary sewer
and water service.
9. Reconfigure the access to Lot 13 to be a shared driveway for lots 13 and 15. This can all be
part of the common lot 14, with a cross access easement over that portion being used fro
access to these two lots. A blanket sanitary sewer and water easement would also be
required for the benefit of the City of Meridian.
10. Sanitary sewer service is via extension of an existing main installed as part of the Penn
Station project. Water service to this site shall be via main line extensions from the existing
mains a djacent t o t he p roperty in Locust G rove Road, N . S crivner A venue, a nd t he P enn
Station project. Applicant will be responsible to construct the sewer and water mains to and
through this proposed development. Subdivision designer to coordinate main sizing and
routing with the Public Works Department.
11. Any drainage areas (detention/retention basins) must be designed to ensure that water is
retained only during100-year storm events, and for a period of time not to exceed 24 hours.
Side slopes within drainage areas shall not exceed 3:1.
GENERAL COMMENTS
Please submit a copy of the Ada County Street Name Committee's approval letter for the
subdivision name, and the lot and block numbering. Make any corrections necessary to
conform.
2. Coordinate fire hydrant placement with the City of Meridian Public Works Department
3. A letter of credit or cash surety in the amount of 110% will be required for all fencing,
landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat. Trust funding will not be accepted for the proposed sidewalks.
4. All pathways within the proposed subdivision shall be designed in accordance with MCC
12-13-15 "Micropath Landscaping".
AZ 02-041, CUP 02-041, PP 02-026
Locust Grove Place Subdivision AZ.PP.CUP
Planning & Zoning Comm on/Mayor & City Council
January 16, 2003
Page 9
5. A detailed landscape plan, in compliance with the landscape ordinance shall be submitted
for the subdivision with the final plat application.
6. Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13-
10-8.
7. 250 and 100-watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
Final design locations and quantity are determined after power designs are completed by
Idaho Power Company. The street light contractor shall obtain design and permit from
the Public Works Department prior commencing installations.
8. 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
City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owner's), with written
approval or non -approval submitted to the Public Works Department. If lateral users
association approval can't be obtained, plans will be reviewed and approved by the
meridian City Engineer prior to final plat signature.
9. Please submit all updated groundwater/soils reports 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 not exceed 3:1.
10. Any tree over 4" in caliper that is removed from the property shall be replaced by
installing a dditional t rees, b eing t he a quivalent n umber o f c aliper i riches o f t rees t hat
were removed. Required landscaping trees will not be considered as replacement trees for
those trees that have to be removed.
11. Developer shall coordinate mailbox locations with the Meridian Post Office.
12. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used for non -domestic purposes such as landscape irrigation.
13. 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.
14. Applicant's engineer will be required to submit a signed, stamped statement certifying
that all street finish centerline elevations are set a minimum of three feet above the
highest established normal groundwater elevation.
AZ 02-041, CUP 02-041, PP 02-026
Locust Grove Place Subdivision AZ.PP.CUP
Planning & Zoning Comm' )n/Mayor & City Council
January 16, 2003
Page 10
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following and may approve a conditional use permit if
they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3):
A. That the site is large enough to accommodate the proposed use and all yards, open
spaces, parking landscaping and other features as may be required by this
ordinance;
Staff finds that the subject property is large enough to accommodate the requested use
and all other required features as noted above.
B. That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
The current Comprehensive Plan Land Use Map designates the subject property as "High
Density Residential" and "Community Business District." Staff finds that the proposed
residential uses are harmonious with and in accordance with the Comprehensive Plan.
The proposed commercial uses are not supported by the Comprehensive Plan, however,
the original zone change which created the C-C zoning designation was permitted under
the City of Meridian's previous Comprehensive Plan.
The project is being proposed as a conditional use for a planned development in order to
allow reduced lot sizes, reduced street frontages, reduced setbacks, and a 20% exception
for uses permitted by the zoning district. If the project is approved as a Planned
Development, it will meet the minimum requirements of the MCC.
C. That the design, construction, operation, and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character
of the general vicinity and that such use will not adversely change the essential
character of the same area;
Staff finds that the proposed residential subdivision use will be harmonious with the
intended and existing character of the area. Danbury Fair Subdivision, directly south and
west of the proposed project is similar in density and size to the proposed use.
D. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
Staff does not anticipate that the proposed project will have an adverse impact on other
properties within the vicinity; however, the Commission and Council should consider any
testimony (written and oral) presented at the public hearings before making this finding.
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
AZ 02-041, CUP 02-041, PP 02-026
Locust Grove Place Subdivision AZ.PP.CUP
Planning & Zoning Comm on/Mayor & City Council
January 16, 2003
Page 11
proposed conditional use shall be able to provide adequately any such services;
Staff finds that the proposed development will be adequately served by the essential
public facilities and services listed above.
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;
Staff finds that the proposed use would not be detrimental to the economic welfare of the
community, nor would it create the need for any new facilities or services to be paid for
by the public that would be considered excessive.
G. That the proposed use will not involve activities or processes, materials, equipment,
and conditions of operation that will be detrimental to any persons, property, or
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Staff finds that there will be an increase in traffic and noise in the general vicinity if the
subdivision is approved, but that approval of the subdivision will not lead to a major
increase in smoke, fumes, glare, odors or other disturbances that will be considered
detrimental to the welfare of the City and the subdivision's neighbors.
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;
Staff finds that the proposed use will not create significant interference with any traffic
on the surrounding public streets.
Please review the ACHD report for this project for additional information regarding 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.
Staff does not find that any natural or scenic feature will be lost, damaged or destroyed
by issuance of this conditional use. Existing trees greater than 4" caliper must be retained
or mitigated for, if removed.
SITE SPECIFIC COMMENTS (Conditional Use Permit)
Applicant shall meet all of the requirements of the preliminary plat as a condition of the
Conditional Use Permit.
AZ 02-041, CUP 02-041, PP 02-026
Locust Grove Place Subdivision AZ.PP.CUP
Planning & Zoning Coma '.on/Mayor & City Council
January 16, 2003
Page 12
2. All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
RECOMMENDATION
Staff recommends approval of the proposed annexation/rezone, preliminary plat, and conditional
use permit with the aforementioned findings and conditions.
AZ 02-041, CUP 02-041, PP 02-026
Locust Grove Place Subdivision AZ.PP.CUP