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HomeMy WebLinkAboutChampion Park Sub MI CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & ORDER RECEIVEJJ FEB - 9 2006 , nV '" ~= CtCmdi ã~'-f .~ I liJ.\HO r: ~~.... /1 '>(~/ >'>- ~) = "J>L~~ sy.-~ 'fH1 In the Matter of Re-zoning 1.89 acres from R-8 to C-G (General Retail and Service Commercial)(0.94 acres) and C-N (Neighborhood Business)(0.95 acres) AND Preliminary Plat approval request for 48 single-family residential building lots (24 attached and 24 detached), 2 commercial lots and 4 common lots on 11. 44 acres AND Conditional Use Permit approval to modify CUP-02-049 by removing the proposed mini-storage use and replacing that with attached and detached single-family dwellings AND Miscellaneous request to modify the recorded Development Agreement for Champion Park Subdivision (F.K.A. - Parkstone Subdivision), by Hillview Development Corporation. Case No(s).: RZ-05-021, PP-05-061, MCU-05-004, and MI-05-015 For the City Council Hearing Date of: February 14, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 14,2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 14,2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-OS-O21 / PP-OS-O61 / MCU-OS-OOS / MI-OS-O1S - PAGE I of 5 3. The conditions shal1 be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received ITom the govel11mental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 14, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated September 29,2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated January 4, 2006 is hereby conditionally approved; and, 3. The following modifications to site specific conditions were made at the City Council hearing: a. None. 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 14, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-O5-021 / PP-O5-06I / MCU-O5-005 / MI-05-015 - PAGE 2 of 5 and acquire building permits and COlmnence construction of pennanent footings or structures on or in the ground. For conditions use pennits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year ITom the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the tennination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years ofthe approval ofthe preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and confonns substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with ll-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Final Action and Right to Regulatory Takings Analysis E. 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). RZ-O5-021 / PP-O5-061 / MCU-O5-005 / MI-O5-015 ~ PAGE 3 of5 the conditional use pennit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 14,2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-O5-021 /PP-O5-061 /MCU-O5-005/MI-O5-015 -PAGE40fS By action of the City Council at its regular meeting held on the ,2006. day of COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED DATED: MOTION: APPROVED: DISAPPROVED: MA YOR TAMMY de WEERD ATTEST: WILLIAM G. BERG, JR., CITY CLERK Copy served upon: Applicant Planning Department Public Works Department City Attorney By: City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-O5-021 / PP-O5-061 / MCU-O5-005 / MI-O5-0I5 - PAGE 5 of5 CITY OF MERIDIAN PLANNrNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 STAFF REPORT TO: Hearing Date: 2/14/2006 Mayor and City Council C. Caleb Hood, Current Planning Manager Meridian Planning Department 208~884-5533 / c:M;;ìdl~ \ I ILJ.\I-IO ~ "-? I ~;I\¡- .....l ,.,.~ '}' Y""~~"-) , .. '.-.'i\.!'.~_-,_.~~ ':1;1 FROM: SUBJECT: Champion Park Addition Subdivision RZ-05-021 Rezone of 1.89 acres from R-8 to C-G (General Retail and Service Commercial)(0.94 acres) and C-N (Neighborhood Business)(0.95 acres). PP-05-061 Preliminary Plat approval of 48 single-family residential building lots (24 attached and 24 detached), 2 commercial lots and 4 common lots on 11.44 acres. MCU-05-004 Conditional Use Permit (CUP) approval to modify CUP-02-049 by removing the proposed mini-storage use and replacing that with attached and detached sing1e~family dwellings. MI~05-015 Miscellaneous request to modify the recorded Development Agreement for Champion Park Subdivision (F.K.A. - Parkstone Subdivision.) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Hillview Development Corporation, has applied for Re.zoning of 1.89 acres from R-8 (Medium-Density Residential) to C-G (General Retail and Service Commercial) for 0.94 acres and C-N (Neighborhood Business) for 0.95 acres; Preliminary Plat and Conditional Use Permit approval of 48 single. family building lots, 2 commercial building lots, and 4 common lots on 11.44 acres; and a Miscellaneous request to modify the existing development agreement for this property. The site is located on the north side of Us tick Road, approximately 1,300 feet west of Eagle Road. This site is cUITentIy vacant. The site has not been previously final platted, but was a part of the original Champion Park (a.k.a - Parkstone) Subdivision. The subject property is within the Urban Service Planning Area and within the current city limits. 2. SUMMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on January 5, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Becky McKay (applicant's representative) ii. In opposition: Tom Davis iii. Commenting: Jonathan See1e iv. Staff presenting application: C. Caleb Hood v. Other staff commenting on application: Ted Baird b. Key Issues of Discussion by Commission: i. Land use buffer widths. ii. Requiring CUP's for uses on the 2 proposed commercially zoned lots. c. Key Commission Changes to Staff Recommendation: Champion Park Addition Subdivision RZ-O5-021/PP-O5-061/MCU-O5-004/MI-05-0I5 PAGE I CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 1. Remove the 4th bullet on Pae:e 9 of the Staff Report which required only one of the two proposed commercial zones to obtain CUP approval in the future. The Commission voted to require both commercial lots to obtain CUP approval. as cuITently required bv the existin!! DA. 11. At the January 5th. Commission hearin!!. the applicant volunteered to construct a 6-foot tall vinvl fence a10n!! the east property line. The applicant also a!!reed to include a clause within the future purchase a!!reements with the propertv owners of the lots within Champion Park Addition. makin!! potential buyers aware of the commercial zoning and future uses to the east. The fencine: provision has been added to the Conditions of Approval (Condition 1.1.4) in Exhibit B. Staff supports the applicant's proposal to make future lot owners aware of the CentrePointe commercial development to the east. but staff has not included a requirement for the applicant to include a disclosure statement in the future purchase and sale agreements. A condition of this nature would be impossible for staff to track and enforce. d. Outstanding Issue(s) for City Council: i. None. The subject applications (RZ, PP, MCU, and MI) were submitted to the Planning Department for concurrent review. Generally, the Planning & Zoning Commission is the final decision making body on a Conditional Use Permit. However, because the City Council is the final decision making body on the Rezone, Miscellaneous and Preliminary Plat applications, all of the subject applications are being combined into one staff report. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested applications. The Plannin!! & Zonin!! Commission is recommending approval of the proposed Champion Park Addition Subdivision ŒZ-05-021. PP-05-061. MCU-05-004 and MI- 05~015) with the conditions listed in Exhibit B of the Staff Report. 3, PROPOSED MOTION (to be considered after the public hearing) Approve After considering all staff, applicant and public testimony, I move to approve File Numbers RZ- 05-021, PP-05-061, MCU-05-004 and MI-05-015, as presented in staff report for the hearing date of February 14, 2006 with the following modifications: (Add any proposed modifications.) Deny After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-05-021, PP-05-061, MCU-05-004 and MI-05-015, as presented in the staff report for the hearing date of February 14, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continue After considering all staff, applicant and public testimony, I move to continue File Numbers RZ~05-021, PP-05-061, MCU-05-004 and MI-05-015, to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: North side of Us tick Road, approximately 1,300 feet west of Champion Park Addition Subdivision RZ-O5-021/PP-O5-06I1MCU-O5-004/MI-O5-015 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 Eagle Road, at the northeast comer of Us tick Road and Leslie Way /4N1E32 b. Owner: Hillview Development Corporation 150 E. Aikens Street, Ste. A Eagle, ill 83616 c. Applicant: Hillview Development Corporation 150 E. Aikens Street, Ste. A Eagle, ill 83616 d. Representative: e. Present Zoning: Becky McKay, Engineering Solutions, LLP R-8 f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting approval of a 54-lot development that includes 48 single-family buildable lots, 2 commercial lots and 4 common lots on property that was originally approved by the City for mini-storage units and commercial businesses The applicant is proposing to modify the original approvals and overall site plan by changing this phase of the development from commercial mini-storage to primarily residential. The applicant is proposing an even mix of single-family attached and detached lots in this amended phase of the development. All of the proposed residential lots confonn to the dimensional standards ofthe R-8 zone. The average lot size in the proposed development is 6,887 square feet. The gross density of Champion Park Addition is 4.77 dwelling units per acre. Less than 2% of the area being developed in this phase is being set aside for open space. However, 11 % of the total Champion Park development is being set aside for open space. 1. Date of preliminary plat (attached as Exhibit A): 9/29/05 (Revised 10-20-05) 2. Date of landscape plan (attached as Exhibit A): 11/10/05 h. Applicant's Statement/Justification: The proposed Champion Park Addition is currently zoned R~8 and was approved as a planned development that included attached and detached single- family housing, four office lots, two commercial lots, and one mini-storage lot. The portion of the project fonnerly proposed as a mini-storage lot is now being proposed as Champion Park Addition, with 24 single-family detached lots and 24 single-family attached lots. We are concurrently submitting a request for preliminary plat, rezone of the two commercia110ts to C- G and C-N as requested by staff, and a modification ofthe development agreement and conditional use pennit. No variances are being requested for this project. Rezone to C-N is requested for a 0.95 acre lot and rezone to C-G is being requested for a 0.94 acre lot, as requested and approved in the original development agreement for the overall project. The remaining 7.57 acres will remain zoned R-8 and be platted as a residential development. As the property to the east is designated Mixed Use-Regional, no buffer is proposed adjacent to the commercial lots. We ask that the Findings of Fact and Conclusions of Law and Orders for the previous approval be amended as necessary to reflect the above changes (please see Applicant's Submittal Letter.) Champion Park Addition Subdivision RZ-O5-021/PP-O5-061 /MCU-O5-004/MI-O5-015 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as detennined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use pennit as detennined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, a public hearing is required before the City Council on this matter. d. Miscellaneous applications are not currently addressed in Title 11 of the Meridian City Code. It has been detennined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will in fact require a public hearing before the City Council. e. Newspaper notifications published on: December 19,2005 and January 2,2006 (for P & Z Commission hearing) and January 23 and February 6, 2006 (for City Council hearing.) f. Radius notices mailed to properties within 300 feet on: December 19, 2005 (for P & Z Commission hearing) and January 20, 2006 (for City Council hearing.) g. Applicant posted notice on site by: December 26, 2005 (for P & Z Commission hearing) and February 3,2006 (for City Council hearing.) 6. LAND USE a. Existing Land Use(s): The subject property is currently vacant. b. Description of Character of Surrounding Area: The property to the north has been platted as a residential phase of Champion Park. To the west, across Leslie Way, are future office lots and a City Park in Champion Park. To the east are C-G zoned properties (Blue Marlin/future Kohl's site) and a 5.acre parcel cun-ently zoned RUT in Ada County. To the south, across Ustick Road, is Carol Subdivision. Carol Subdivision consists of I-acre parcels. Some of the lots in Carol Subdivision are zoned R-2 in Meridian, some are zoned RI in Ada County. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family residential, Champion Park Subdivision, zoned R-8 2. East: Currently vacant, future commercial development, zoned C-G; existing Ada County residence on 5-acres, has applied for annexation to C-G 3. South: Rural residential, Carol Subdivision, zoned R1 (Ada County) and R-2 (City) 4. West: City Park and future office lots in Champion Park Subdivision, zoned R-8 d. History of Previous Actions: In 2003, the City approved an annexation, preliminary plat and a conditional use pennit for a mixed use planned development on 104.77 acres called Parkstone Subdivision (AZ-02-033, PP-02-033 and CUP-02-049). Phases within Parkstone Subdivision have [mal platted with the name Champion Park. The subject 11.44 acres is part of the original Parkstone/Champion Park development. Two commercial lots and 1 mini- storage lot were originally planned for this area. Champion Park Addition Subdivision RZ-O5-021IPP-O5-061 /MCU-O5-004/MI-O5-015 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Location of water: Extension of mains in N. Leslie Way. Extension of mains in N. Leslie Way. Issues or concerns: None. 2. Vegetation: for. 3. Floodplain: N/A 4. Canals/Ditches lITigation: There are no open canals or ditches that cross the subject site; the ditches have previously been piped. 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Proposed and Existing Zoning: R-8 (Medium-Density Residential)(9.55 acres); C-G (General Retail and Service Commercial)(0.94 acres) and C-N (Neighborhood Business)(0.95 acres). 7. Size of Property: 11.44 acres f. Subdivision Plat Infonnation: There are no existing trees on this property that need to be mitigated 1. Residential Lots: 2. Non-residential Lots: 3. Total Building Lots: 4. Common Lots: 4 5. Other Lots: 0 6. Total Lots: 54 7. Gross Density: 48 2 50 4.77 units per acre (net 6.11 d.u.lacre) g. Landscaping 1. Width of street buffer(s): A 25-foot wide street buffer is required along Ustick Road, an arterial street (UDC 11-2B-3). A 10-foot wide street buffer is required along Leslie Way (UDC 11-2B-3). Street buffers are not required adjacent to the other, internal streets. 2. Width ofbuffer(s) between land uses: A 20-foot wide land use buffer is required between CoN zoned properties and residential uses (UDC 11-2B-3). The applicant is proposing to construct a 20-foot wide landscape buffer between proposed C-N zoned lot and the residential lots to the north. 3. Percentage of site as open space: For the entire Champion ParklParkstone development over 11 % of the site is being set aside for open space. 0.29 acres/2.5% (including street buffers) and 0.57 acres/0.49% (excluding street buffers) ofthe subject 11.44 acres is being set aside for open space. 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. h. Amenities: City park that includes bathrooms, a tot lot, a parking lot, micro-paths, useable open Champion Park Addition Subdivision RZ-O5-021/PP-O5-061/MCU-O5-004/MI-O5-015 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 space. i. Off-Street Parking: UDC 11-3C-6.A requires single-family detached dwellings to have a 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. In all commercial districts, UDC 11- 3C-6.B requires one off-street vehicle parking space for every 500 square feet of gross floor area. j. Proposed and Required Residential Standards: R-8 Setbacks (in feet) Proposed Front Living Area (to sidewalk) 15 Side Accessed Garage (to sidewalk) 15 Front Accessed Garage (to sidewalk) 20 S~ 4 Rear 12 Frontage (garage facing street) 50 Frontage (alley loaded garage) N/A Lot Size (garage facing street) 5,000 Lot Size (alley loaded garage) N/A k. Proposed and Required Non-Residential: C-N Setbacks (in feet) Proposed 20 0 25 Front Interior Side Rear Maximum Building Height 35 Required 15 15 20 4 12 50 40 5,000 4,000 Required 20 0 25 35 C-G Setbacks (in feet) Proposed Required Front 0 0 Interior Side 0 0 Rear 0 0 Maximum Building Height 65 65 1. Summary of Proposed Streets and/or Access: Leslie Way currently exists adjacent to the site's western boundary and intersects Ustick Road. The applicant is not proposing any new accesses to Ustick Road. Direct lot access to Ustick Road for Lot 34, Block 1, should be prohibited. The internal streets are proposed as local streets with a 36-foot wide street section (measured back of curb to back of curb) with 5-foot wide attached sidewalks. Staffis Champion Park Addition Subdivision RZ-O5-021/PP-O5-061/MCU-O5-004/MI-O5-0l5 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 supportive of the proposed street system. As of the print deadline for this report, ACHD has not provided the City with detailed analysis and conditions for this project. Staff anticipates having ACHD's site specific conditions prior to the City Council hearing and will incorporate those conditions into Exhibit B prior to sending the City Council report to print. 7. COMMENTS MEETING On December 16, 2005, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 48 single~family lots for a gross density of 4.77 dwelling units/acre. NOTE - The 1.89 acres proposed for commercial zoning was previously approved by the City as a use exception to CUP-02-049. In discussions with the applicant, staff requested that the applicant submit an application to rezone the subject commercial areas, to match the previously approved commercial land use designation. The proposed commercial area is adjacent to land designated "Mixed Use- Regional" on the Future Land Use Map that is already zoned C-G. Although the proposed zoning map amendment does not explicitly comply with the current Future Land Use Map, staff believes that the Map is a guide and the subject area also meets the intent of the Mixed - Use designation and is eligible for a commercial zone. For these reasons, staff is recommending that this area be zoned commercial. Further, at the North Meridian Area Comprehensive Plan Map Amendment hearing on January 17, 2006, staff will be asking the Council to amend the Future Land Use Map to reflect the commercial zoning/uses of these properties. Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. 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. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is proposing a loop street system within this phase of the development. Two new street connections to the existing Leslie Way are proposed. The properties to the east are anticipated to contain commercial businesses. Staff believes that a public street connection to the east should not be required. However, to enhance pedestrian connectivity in the area, staffis supportive of the proposed pedestrian connection to the property to the west. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. Champion Park Addition Subdivision RZ-O5-021 /PP-OS-O61/MCU-O5-004/MI-O5-0 15 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 See analysis above. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access COlmectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct 5-foot wide attached sidewalks adjacent to the internal streets. The applicant is also proposing to construct a micro-path to thefuture commercial area to the east. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link subdivisions together and promote neighborhood cormectivity. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to house constrnction, fencing should be constrncted around the perimeter of this site. Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. No access to Ustick Road is being proposed; direct lot access to Ustick Road should be prohibited. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a 20joot wide land use buffer between the proposed C-N zoned lot and the existing R-8 zoned property to the north. One of the properties to the west is currently zoned C-G (Blue Marlin). When the commercial property(ies) to the east develop, the City should require a land use buffer be constructed on that site to protect the subject residential lots from the commercial users). ff land use buffers are constructed in accordance with the UDC, staflfinds that the proposed residential and commercial uses should be compatible with each other. Staff believes that the proposed density and zoning for this property is appropriate. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining !f the applicant's zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-A-2lists single-family attached and detached homes as permitted uses in the R-8 zoning district. Please see Meridian City Code ll-2B-2 for a list of permitted, conditional and prohibited uses in the C-N and C-G zones. b. Purpose Statement of Zones: R-8 Medium-Density Residential: The purpose ofthe residential districts is to provide for Champion Park Addition Subdivision RZ-O5-021IPP-O5-06l/MCU-O5-004/MI-O5-015 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be acconunodated within the density range. C-N and C-G: The purpose of the Commercial District is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. c. General Standards: All of the proposed lots comply with the standard lot size and street frontage requirements of the R-8, C-N and C-G zones established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. 2. RZ Application: Based on the previous approval of CUP-02-049, which allowed two commercial lots in this area as a use exception to the Parkstone/Champion Park development, staff believes that the requested C-N and C-G zones are appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for the rezone. The rezone legal descriptions submitted with the application (stamped on October 28, 2005 by D. Terry Peugh, PLS) shows the properties are within the existing corporate boundary of the City of Meridian. MI Application: UDC 11-58-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Hillview Development Corporation, the current owner and developer, has previously entered into a development agreement with the City and is requesting that certain sections of said recorded development agreement be modified to reflect the proposal to construct additional residences rather than a mini-storage facility. The development agreement for this property was record on May 23, 2003 as Instrument No.1 0385229. Staff recommends that the Commission and Council direct the City's Legal Department to draft modifications to the recorded development agreement for Parkstone Subdivision as follows: . Page 4, Item 4-1 - "Construction and development for a Planned Development consisting of ~ 299 single-family detached building lots, ~ 76 townhouse/patio home lots, 4 office lots, 2 commercial lots, 1 mini-storage lot, 1 pocket park, 1 City "Neighborhood" Park, and 32 common lots." . Pages 5-9, Item B - Add the Ada County Highway District's conditions for this phase of the development to this section. Champion Park Addition Subdivision RZ-O5-021 IPP-O5-061/MCU-O5-004/MI-O5-0 15 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 . Page 12, Item G - Add the new case numbers for the subject Conditional Use Permit (MCU-05-004), Preliminary Plat (PP-05- 061) and Miscellaneous application (MI-05-015) to this section. The applicant is also roquesting that Pagos -1 6, Itom 6.^-2 be modified to remove the requirement for the two commorci:ll 10tE: to obt3in Condition31 UE:O Permits (CUP), unless indicated as such in tho Unified Dovelopmont Codo (UDC). St)ff bolioVOE: th3t bec3use the applicant i~ requesting a Þ-Jeighborhood Businm:£ (C N) zona for Lot ðð, Block 1, 3nd i£ propm:ing to inE:tali a land use buffer in accordance with the UDC proviEions, no futuro CUP should bo required for th3t lot, unlecs indic3tod 3C cuch in tho UDC. However, because Lot :i!4, Block 1, is proposød for Genor::11 Rot::1il 3nd Service Cemmorci:ll (C G), is on ::1 highly visible stroot, 3nd to prevent any future use on Lot 3'1, from being detrimental to tho area, Etatt recommendE that any future use on Lot 3'1, Block 1, bo required to obt::1in 3 CUP. 5t31=( rocommondc th3t Item 5.^-2 of tho dovolopmont ::1greement be modifiod aE notod abovo. . Prior to the rezone ordinance approval, a modification to the recorded Development Agreement (Instrument No.1 03085229) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The aoolicant shall contact the Citv Attomev, Bill Nary, at 888-4433 to initiate this process. 3. PP Application: The proposed preliminary plat substantially complies with the Zoning Ordinance. Special Considerations: LandscaDim!: The landscape plan prepared by Harvest Design, P.c., on 11-1O~05, labeled Sheet LS-lis approved with the following modifications/notes: . Provide landscape buffers along Ustick Road, Nakano Drive (adjacent to lots in Champion Park Subdivision #3) and Leslie Way as depicted. The landscape buffers along the streets shall be designed in accordance with UDC 11-3B-7. . Provide a 20-foot wide landscape buffer (and easement) along the north side of Lot 33, Block 1, to buffer the adjacent residential use. Materials within said buffer should comply with UDC 11 ~3B-9. . Provide landscaping in compliance with UDC 11-3B-12, adjacent to the micro-path in Lot 26, Block 1. . A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Access: The applicant is proposing to take access to this property from Leslie Way, an existing street. No access to Ustick Road is proposed. Direct lot access to Ustick Road should be prohibited via a note on the face of the final p1at(s). See Exhibit B below. Champion Park Addition Subdivision RZ-O5-021 /PP-O5-061 /MCU-O5-004/MI-O5-0 15 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 House Orientation: Staff has concel11S about the orientation of the houses on Lots 8, 9, and 14, Block 2. Generally, when reviewing the layout of a plat, staff likes for like yards to match (e.g. - side yard of one lot to abut the side yard of another.) With the configuration of the short cul-de-sacs in Block 2, staff recommends that the front of these lots be restricted. The house on Lot 8, Block 2, should be oriented to the south, to match the yards of Lots 7 and 9. The house on Lot 9, Block 2, should be oriented to the north, to match the yards of Lots 8 and 10. Because of the size and configuration of Lot 14, Block 2, the house shall be oriented to the east. The applicant should designate the orientation of these lots on the face of the [mal plat. See Exhibit B below. Fencing: The applicant has not proposed any fencing with this development. A detailed fencing plan should be submitted upon application of the final plat. If pennanent fencing is not provided before issuance of a building pemllt, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. See Exhibit B below. Micro-paths: The micro-path in Lot 26, Block 1, shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11- 3B (landscaping). Common Areas: Maintenance of all common areas shall be the responsibility of the Champion Park Home Owners' Association. Pressure IrrÜ!ation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A- 15 and MCC 9-1-28. 4. MCU Application: Staff believes that the proposed Conditional Use Pennit Modification substantially complies with the Zoning Ordinance and will not have and adverse impact on the use on other property. Please see Exhibit D for detailed analysis of the required facts and findings for the Conditional Use Pennit. Special Considerations: Site Plan: The applicant did not submit a site plan showing how the subject 11.44 acres fit in with the overa111 OS acres of the development. Staff recommends that the applicant provide staff with 10 full size copies and one 8.5" x 11" copy of a revised site plan that shows the entire Parkstone/Champion Park development. as proposed. Further. staff recommends that the applicant bring a copv of said revised site plan to the Planning & Zoning Commission hearim!. b. Staff Recommendation: Staff recommends approval of the subject applications RZ-05- 021. PP-OSw061. MCU-OS-004 and MI-OS-OlS. with the conditions listed in Exhibit B of the Staff Report for the hearing date of January 5.2006. Champion Park Addition Subdivision RZ-05-021/PP-O5-061/MCU-O5-004/MI-O5-0l5 PAGE II CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 ] 1. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 9-29-05) 2. Landscape Plan (dated: 11-10-05) 3. Site Plan (dated: 1-4-06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Rezone Legal Descriptions D. Required Findings from Zoning Ordinance Champion Park Addition Subdivision RZ-O5-021/PP-O5-061/MCU-O5-004/MI-05-0 15 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 A. Drawings 1. Preliminary Plat (dated: 9-29-05) ..-:~~..,,:;..,~,T..;~.~~~::T'~~:e~::J~i:;I:'£~! ~~~1,:~~~:;~' ".,t:i~:.~-J;,~'~:~;,~, 1 ~J~:-:llì ....,"'.~:'.:;:.;:;."., ".,,:,.:;;;~,::;';:.." "::~,':"..:.~' """øouRioB. ""-01.<1""""'1'"" '.,d-er' CII!W~-1-......~"j'Hqj. i i?¥ii.Oì".3!,"""'-,~--~' ,-' , '~f lI1IV~O~~~"'tI:J., ~; ~ a..; .~,-" ,~, I I I I I '\ it H.. - ^ ~ . "I~"~}1n,~f ,J¡B.ul.tl ,I.~¡FUNI ,'I! H g a ~ n n ~ ~ HI I ¡ ¡ ~ j , ¡. . Ii! 1 ¡ ~ '. " >' " : i il'. I ~ ' '~3 ~B!~ I,. ~ 1i!nl' hn~lh~!d 1111' ,: I , I ì i ¡ i I I 'I ! j, I I II ¡ I ' : ' , 1 I ì~[-~: . 'I' (. , J. I > II i I r Iii ~ P ~ , j' I"" I'~ I, I J1, '1",' ¡"..t~? , r"I¡~ , ,-H I ! I Ii' .,. I; II": '~;" < l,ì ., I~!~' '"' ~~.. i~;; ~iU' .d "M '111 Ii" 'Pie a;fiLl.1 :&f~~tl I HI:! 01; øl I;~H' .~ . fIi-..if !H.!, ;d. 1;;1 ~f ~~ ~ ~'jl w. i I~ :i! . 6~'~lëJ;J I~~ I~! n~ ilh r~¡ ¡¡~è ~, , ""..~..=--'--- ~ .",-~' ". ", ", i m A" r-r7----~ (;) : 'I I """1 '.~ , 6 i' -, .I..J I L",j 'C ¡:' '.. ""'-" ..,' ..:... [._- ..,-_.., ",--,--,-- ---------',- .. .. """.. ""-~ ...--..... Exhibit A - Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 2. Landscape Plan (dated 11-10-05) ,., [- - J --== I~ IJ II d I, ~ I Idall¡ ~J I, ,:,¡ .c, I I " ;,~- ,~¡ II J ¡ .i~! . n L: i U [J r'l ~-'- [~- ------¡.".~ .!.~t!.. , ,! ,," . - hh"'-. .!1~~..-~~;~ ; j.-...--:¡--,..ilii!i I ¡m:tI.~ '-I~I!!' :"-"" " , ~,h¡ I I. ~ '. n ,I mh ~ ~, ~fl~li ;~ D --------...- --"--'.'.--'--.-----.. ----",,------- -- ÁVJA -3nSJ1 N ~; !~ --_____--nn- ..-"""'"..'-...'- - ------"-'~--'---""_.".. -- Exhibit A - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 3. Site Plan - (dated 1.4-06) ~ r- -.--- l----- EI I n-...-..~-= >1 [] - """""" -""" ~: "" ~-~..,..._.,,,. -..- ¡ -........ -.. ---- ~I.,~.-.}¡!/\I'" i'C~ I / ¡ , .. f ;¡ " l -.. I I ~/ r I '-'--"'- -L-... ~-CJ - I!- : 1- I ~; I If -1] ~~. li - - -"----"-""'------.-_..-....,, Exhibit A - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14, 2006 B. Conditions of Approval 1. Planning Department SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-OS-061) 1.1 1.1.1 1.1.2 1.1.3 1.1.4 1.1.S 1.1.6 The preliminary plat labeled as PRE Sheet 1 of 1, prepared by Engineering Solutions, LLP, dated September 29, 200S (revised 1O~20-0S) is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-OS.021) application, Miscellaneous (MI-OS-015) application, and Conditional Use Permit (MCU-05-004) application shall also be considered conditions of the Preliminary Plat (PP-05-061). The landscape plan prepared by Harvest Design, P.C, on 11-10-05, labeled Sheet LS-lis approved with the following modifications/notes: . Provide landscape buffers along Ustick Road, Nakano Drive (adjacent to lots in Champion Park Subdivision #3) and Leslie Way as depicted. The landscape buffers along the streets shall be designed in accordance with UDC 11-3B-7. . Provide a 20-foot wide landscape buffer (and easement) along the north side of Lot 33, Block 1, to buffer the adjacent residential use. Materials within said buffer shall comply with UDC 11-3B-9. . Provide landscaping in compliance with UDC 11-3B-12, adjacent to the micro-path in Lot 26, Block 1. . A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). The future house on Lot 8, Block 2, shall be oriented to the south, to match the yards of Lots 7 and 9. The future house on Lot 9, Block 2, shall be oriented to the north, to match the yards of Lots 8 and 10. Because ofthe size and configuration of Lot 14, Block 2, the future house shall be oriented to the east. The applicant shall designate the orientation of these lots on the face of the final plat. The applieant has flot proposed aflY feaeing with this àøvøI8 3møÐt. The applicant has volunteered to construct a 6-foot tall vinvl fence alone: the east property line, A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A~7. The micro-path in Lot 26, Block 1, shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). Maintenance of all common areas shall be the responsibility of the Champion Park Home Owners' Association. Exhibit B - Page I 1.1.7 1.1.8 1.2 1.2.1 1.2.2 1.2.3 1.2.4 1.2.5 1.2.6 1.3 1.3.1 1.3.2 1.3.3 2.1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 Place a note on the face of the final plates), stating that direct lot access to Ustick Road is prohibited. Underground, pressurized irrigation must be provided to all lots within this development. GENERAL REQUIREMENTS~PRELIMINARY PLAT (PP-O5-061) 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(s). Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. All areas approved as open space shall be free of wet ponds or other such nuisances. All stonnwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A~18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as pennitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stonnwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11 ~3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. Coordinate fire hydrant placement with the City of Meridian Public Works Department. Staff's failure to cite specific ordinance provisions or tenus of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. Preliminary plat approval shall be subj ect to the expiration provisions set forth in UDC 11-6B- 7. SITE SPECIFIC REQUIREMENTS - CONDITIONAL USE PERMIT (MCU-O5-004) g1:lBmit 10 full size eoI3ies aBd OBS g .5" x 11" eopy of a re';issd sits plan that shows the eBtire ParkstoÐe/Champion Park developæeflt, as proposed. Fl:lrther, tbe ap¡ë!lieant shall bring a copy of said revised sitø plaB to tbe Planning & ZaRing CommissioB bearing. All comments and conditions of the accompanying Rezone (RZ-O5-02l) application, Miscellaneous (MI-O5-0l5) application and Preliminary Plat (PP-O5-06l) application shall also be considered conditions of the Conditional Use Pennit (MCU-O5-004). All future use(s) on Lot 34, Block 1, shall obtain Conditional Use Pennit approval prior to construction and operation. 2. Public Works Department Sanitary sewer service to this development is being proposed via of mains in N. Leslie Way that were installed with a previous phase of Champions Park. The applicant shall install all mains Exhibit B - Page 2 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub- grade is less than three feet than alternate materials shall be used in confonnance of City of Meridian Public Works Departments Standard Specifications. Water service to this site is being proposed via extension of mains in Champions Park Subdivision. The applicant shall be responsible to install all water mains necessary to serve this development, coordinate main size and routing with Public Works. The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part ofthe construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre-construction meeting. The City of Meridian requires that pressurized iITigation systems be supplied by a year-round source of water (UDC 11-3B6). The applicant should be required to use 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 will be responsible for the payment of assessments for the COmmon areas prior to signature on the final plat by the City Engineer. All existing structures that do not meet setback requirements or zoning ordinance shall be removed prior to signature on the final plat by the City Engineer. Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape iuigation. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building pennits. A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized iuigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 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. Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Anny Corps of Engineers. Exhibit B - Page 3 2.14 2.15 2.16 2.17 3.1 3.2 3.3 3.4 3.5 3.6 3.7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 Developer shall coordinate mailbox locations with the Meridian Post Office. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fITe hydrants. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. Acceptance of the water supply for fITe protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Y2" 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 specifications. d. Fire Hydrants shall be placed on comers when spacing pennits. . e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements ofthe IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. Operational fITe hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 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. The roadway shall be able to accommodate an imposed load of 75,000 GVW. Exhibit B - Page 4 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 4.1 5.1 6.1 7.1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14, 2006 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. The proposed 48-10t subdivision with an estimated 2.9 residents per household would have a total estimated population of 139 residents at build out. Maintain a separation of 5' from the building to the dumpster enclosure for the commercial buildings. Provide a Knox box entry system for the complex prior to occupancy. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Vicki Heugly at 898-5500 to address this concern prior to the public hearing. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 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. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fIre apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code offIcial. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). . For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). . 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). 4. Police Department Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department No comments. 6. Sanitary Service Company SSC has no comments related to this application. 7. Ada County Highway District Dedicate a total of 48-feet of right-of-way from the centerline of Us tick Road abutting the parcel. 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 Exhibit B - Page 5 7.7 7.8 8.1 8.2 8.3 8.4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 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 wi1J be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. 7.2 Construct a 5-foot concrete sidewalk located a minimum of 41.feet úom the centerline of Us tick Road. 7.3 Construct the internal streets as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way, as proposed. 7.4 Construct two cul-de-sac turnarounds without center islands within the subdivision, as proposed. Construct the turnarounds to provide a minimum turning radius of 45-feet 7.5 Construct one knuckle without a center island, as proposed. 7.6 Construct a 30-foot wide shared curb return type driveway that intersects Leslie Drive approximately l40-feet north of Us tick Road to serve Lot 33 and Lot 34 of Block 1, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of Leslie Drive. Place a note on the final plat stating that direct lot access is prohibited on Ustick Road. Comply with all Standard Conditions of Approval. 8. Central District Health Department After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. Run-off is not to create a mosquito breeding problem. It is recommended that stonn 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 ofthis project should obtain current best management practices for stonn water disposal and design a stonn water management system that is preventing groundwater and surface water degradation. Exhibit B - Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 C. Rezone Legal Descriptions I IDAHO SURVEY GROUP 450 East w..tCrlowcr 5t. Stilt€! I 50 Meridian. Idaho 83642 ,,-.---"- --- Phone (lOB) 1146.8570 Fill( (208) 884.5399 Proposed CN Zone Proposed Cbamplon Park Additioll A pan:d of1and being a portion ofthe SE ~ of Section 32, Township -4 North, Range I East, R.M., Meridian, Ada County, tdooo, more particularly dcscribed as follows: Commencing a1 the Y. comer COll1lT1on to the said Section 32 and Section 5, Township 3 North, Range 1 East, 8.M., ftom which the SW corner of Mid Section 32 bears North 89"'43' I T' East, 2655.40 feet; thence along lhe aout:h line of the SE Y. of said Section 32 North 89°44'04" East, 1124.23 feet, thence North 00"15'56'. West, 200_68 feet to the REAl, POINT OF BEGINNING. Thence continuing North 00°15 '56" West, 56.25 feet to a point of cUl'Vature; Thence 41.48 feet along the arc of a curve to the left, said curve having a radius of 300.00 feet, a delta angle of 07°55. 22". and a long chord bearing North 04° 13'38" West, 41.45 feet to a point of tangency; Thence North 08° II '19.' West. 82_77 feet to a point of curvature; Thence 7.07 foct along the arc of a curve to the left, said curve having a radius of 166.00 feet, a delta angle of 02"'26'20", and a long chord bearing North 09°24'28" West. 7.07 feet; Thence North 74"'15.19'. East, 61.88 feet to a poiitt of curvature; Thence 21.16 reet along the an: ofa curve to thc left, said curve ru.viDg a radius of 50.00 feet, a de1ta angle of24°14'36". iIIld a long chord bearing North 62°08'01" East, 21.00 feet; Thence South 39"59'17" East, 25.00 feet; Thence North 89°58'28" East, 126~83 feet to a point on the East Hne of said SB 114 Thence along said line South 00°01'32;' East, 193.991èet; Thence 80utl1 90"00'00" West, 204.84 feet to the POINT OF BEGINNING. " Containing 0.95 acres, more or less. SO914\S0914-cn.doc - Pr<'(e~$ïOnðt "-<loa 5! fveyor.s -"m._._,_~.._..-.- Exhibit C - Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAi'"F REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 I IDAHO SURVEY GROUP 1-'4.~O EaSt Watettower St- Su¡œ 150 Meridía.n, Idaho 83642 ----------- .-.-- --- ------- - .----- -------- --- ---- Phone (208) 8'16-8570 FlU" (208) 884.5399 ----- --- October- 28. 2005 Proposed CG Zone Proposed Champion Park Addition A parcel ofland being a portion of the SE 'it of Section 32, Township 4 North, Range I East, 8.M., Meridian, Ada County, Idaho, more particularly described as fOllows: . Commencing BIllie Y4 comer common 1.0 the said Section 32 and Section 5, Township 3 North. Range 1 East. B.M.. &om which the SW comer of said SeCtion 32 bean North 89"43'1'7" East, 2655.40 feet; thence along the south ineoflhe SE Y. ofsajd Section 32 North 89<'44 '04" East, 1124.23 feet to the REAL POINT OF BEGINNING. Thence North 00"15'56" West. 200_68 feet; Thence North 90"00'00" East, 204.84 feet to a point on the East line of said SE 1/4; Thence along said line South 00"01'32" East, 199.73 feet to the East 1116 comer common to Section 5 and the said Section 32; Thence along the south line: of the SE V. of said Section 32, South 89"44'04" West, 204.00 feet to the POINT OF BEGINNiNG. Containing 0.94 acres, mOTe or less. SO914\S0914-cg.doc PI.(,fe~t¡o£1al laud :.l'rveyl')\,,~ ~"".,,~._---,,-, ._" Exhibit C - Page 2 tT1 >< =. g: n I -c ~ ( Q (') w 1t~ ~ *' CHAMPION N 74"15'19"£ \ ~~. PARK SUBO, NO. :5 61.88' A-8 " ) I~- ~J~--- ~ PRCFOSED eN D.95 AaIS in N :8 ~: NI90'OO'OO"E- 204.84' ! æ l: CO ~ I ~ 0.t4 It.RES ! I , RPOB ~ 32 1/4 E. USl1CK ROAD CG ZONE ~ N 8i#\'o,i~" -m¡¡s-- -.. I . 5 89',,'04 'ii 204.00" I R1 . R-2 I , I 100 50 a 100 ~ SCALE IN FEET 200 300 I ~ ~ en - ------, I S 39"59'1ï'E . 25.00' I I I I I I I I I I I I I I I I I I I I I I I -----_J jooJ pj ~ RUT en C-G CU~e: DATA CUR>{ RHJftJS DElTA NIC TAHGOO CHORD aiOfiD Btro 1:1 300.00 CTS5'22. 41.48 20.77 41.-46 N Of1J"38" w C2 166.00 C2'25"20' 1,m 3.SJ 1.01 N 00'2~'28" W OJ 50.00 24'1~'3&' 21.16 IC.7~ 2I.OD N 62'0Ø'OI. E n ::J -< 0 "tj 3:: !TJ ;>:! 6 :; Z '"0 r:- ~ z Z 0 0 ~ > E¡ ~ tT1 Z -3 rn -3 ? ,.." ,.." ;>:! tT1 ""C 0 ¡o -3 "tj 0 ¡o -3 ::J: tT1 ::J: tT1 > ¡o z 0 0 > -3 tT1 0 -r¡ "tj tT1 ttI ¡o c: > ¡o -< I; iel æa~p . § 'I' ¡¡¡ S I~I ~~ ;If ... !I I I ~I ! ~i !I ~i nI '..1l1li' - IOIU/llO'- """.... 00II14 sø:r I..,., .""" RZ N 0 0 '" CITY OF MERID[AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY [4,2006 D. Required Findings from Zoning Ordinance 1. Rezone Findings: Exhibit 0 - Page I Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone 0.95 acres to C-N and 0.94 acres to C-G. These areas were previously approved by the City for commercial use as a use exception with CUP- 02-049. Although the proposed zoning map amendment does not comply with the current Future Land Use Map, the Council finds that this area be zoned commercial to reflect the previous use exception approval. Further, at the North Meridian Area Comprehensive Plan Amendment hearing on January 17, 2006, staff will be asking the Council to amend the Future Land Use Map to reflect the commercial designations of these properties. The Council finds that the proposed map amendment will comply with all other applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that there are several uses that are allowed and conditionally allowed within the requested zoning districts of CAN and C-G. If the applicant complies with the conditions outlined in the modified development agreement, the modified conditional use pennit and the proposed preliminary plat, the Council finds that the proposed commercial lots/districts will be in compliance with the regulations outlined in each specific district. The accompanying plat, conditional use pennit and proposed development agreement modifications, demonstrate that the land will be developed with lot sizes, uses and other dimensional requirements that conform to the proposed zoning designations. 2. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 4, The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. The annexation is in the best ofinterest of the City (UDC 11-5B-3.E). 5. The C-N and C-G zoning amendments will provide commercial lots that are similar in nature to existing and proposed commercial development in the vicinity. The Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 Comprehensive Plan. In accordance with the findings listed above, the Council finds that Re.zoning ofthis property to C-N and C-G would be in the best interest ofthe City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Council tinds that the proposed application is in substantial compliance with the adopted Comprehensive Plan, and the land use designation change proposed for this property with the North Meridian Area Comprehensive Plan Amendment. The Counic1 supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan and the UDC. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; 3. The Council finds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Rezone Findings for more details.) The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; 4. Because the developer is installing sewer, water, and utilities for the development at their cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. There is public financial capability of supporting services for the proposed development; The Council finds that supporting services are available to support the proposed development. The Cotnnùssion and Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to detennine this Eroding. (See Eroding "Items 3 and 4 above under Armexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) The development will not be detrimental to the public health, safety or general welfare; and 5. The Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. Staff recommends that the Cotnnùssion and Council reference any public testimony that may be presented to detennine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. The development preserves significant natural. scenic or historic features. 6. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council frods that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Exhibit D - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY ]4,2006 Exhibit D - Page 3 2. CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Council finds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the ODC. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposal meets the objectives of the Comprehensive Plan as listed in Section 8 of this report. See Rezone Findings #1 and 2 above. 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, 2. 3. 4. The Council finds that the design, construction, operation and maintenance of the single- family attached and detached uses will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. Specific uses are not proposed within the C-N and C-G lots at this time. The applicant is constructing a 20-foot wide land use buffer between the C~N zoned lot and the residentially zoned lots to the north, staff finds that the future operation of a commercial business on this lot should be compatible with the neighborhood (provided the applicant complies with all ODC provisions.) Because the proposed C~G zoned lot is a general retail and service commercial lot that is on a highly visible intersection, the Council is requiring that any and all future use( s) on the two commercial lots be required to obtain CUP approval prior to construction and operation. Future building heights, parking layouts, landscape buffer widths and other dimensional standards will be analyzed with future applications to ensure compliance with the ODC. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council frods that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all Preliminary Plat, Development Agreement and CUP conditions and constructs all improvements and operates the use in accordance with the ODC standards. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Council finds that sanitary sewer, domestic water and irrigation are available to the subject property. Please refer to other comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACHD. 5. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 7. 8. Exhibit D - Page 4 The Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. 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 the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Council does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. 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. The Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance.