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HomeMy WebLinkAboutStaff Report 06-05CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 STAFF REPORT Hearing Date: June 5, 2007 (Continued from May 22, 2007) TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Bellabrook Villas tom, IDAHO • RZ-07-006 Rezone of 4.38 acres from R-8 (Medium Density Residential) to R-15 (Medium High Density Residential). • CUP-07-038 Conditional Use Permit for multi -family residential use in a proposed R-15 zone. • PS-07-002 Request for approval of private streets within the proposed multi -family development. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, J. E. Development, LLC, has applied for a Rezone (RZ) of 4.38 acres from R-8 (Medium Density Residential) to the R-15 (Medium High Density Residential). Concurrently, a Conditional Use Permit (CUP) is requested for multi -family residential use in a proposed R-15 zone. Approval of Private Streets (PS) within the proposed multi -family development is also requested. This parcel was previously annexed and zoned (AZ-06-040) to R-8 and a preliminary plat (PP-06- 038) for 20 single-family homes on 20 building lots was approved in 2006. However, the applicant decided not to follow through with the platting process and instead, improve the property as a multi- family development. Currently, the applicant is proposing structures in combinations of two and four dwellings each, which will later be converted to condominiums, on a single un-platted parcel of land. The site is located approximately '/a mile south of E. Franklin Road, on the east side of S. Locust Grove Road. Currently, there is a single-family home and associated outbuilding on this site. The subject property is currently located within the Urban Service Planning Area and the corporate boundaries of the City. 2. SUMMARY RECOMMENDATION The subject applications (RZ, CUP, & PS) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Rezone, Conditional Use Permit and Private Street applications. Staff is recommending approval of the proposed Bellabrook multi -family development (RZ-07-006, CUP-07-038, & PS-07-002) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard these items on April 19, 2007. At the public hearing the Commission voted to recommend approval with requirement of a Development Agreement. a. Summary of Commission Public Hearing: i. In favor: Shawn Nickel (Applicant's Representative) ii. In opposition: Jerry Cunningham Bellabrook Villas RZ CUP PS PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 iii. Commenting: Christie Jordan iv. Written testimony: Ronald Hodge v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: Anna Canning b. Key Issues of Discussion by Commission: i. Private streets vs. public streets within the development; ii. Requirement of a Development Agreement to incorporate the proposed site plan and elevations as submitted; c. Key Commission Changes to Staff Recommendation: i. Require a Development Agreement to incorporate the proposed site plan and elevations as submitted d. Outstanding Issue(s) for City Council: i. Requirement of a Development Agreement to incorporate the proposed site plan and elevations as submitted ii. The applicant has submitted a perspective view of the proposed structures, as required by Staff, for Council's review (see Exhibit A.6). 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-07- 006, CUP-07-038, & PS-07-002 as presented in staff report for the hearing date of June 5, 2007 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-07- 006, CUP-07-038, & PS-07-002 as presented in the staff report for the hearing date of June 5, 2007 for the following reasons: (You should state specific reasons for denial of the rezone and you must state specific reason(s) for the denial of the CUP and what the applicant could do to gain your approval in the future.) Continuance I move to continue File Numbers RZ-07-006, CUP-07-038, (insert continued hearing date here) for the following reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 300 S. Locust Grove Road (Parcel #S1117223480) NW'/ of Section 17, T.3N., R.IE. b. Owner: J. E. Development, LLC 1854 E. Lanark Street Meridian, ID 83642 c. Applicant: Same as Owner d. Representative: Ross Erickson, Erickson Civil, Inc. e. Present Zoning: R-8 (Medium Density Residential) & PS-07-002 to the hearing date of : (You should state specific reason(s) Bellabrook Villas RZ CUP PS PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 f. Present Comprehensive Plan Designation: Mixed Use Community g. Description of Applicant's Request: Bellabrook Villas is designed as a multi -family condominium project containing 34 units on 4.38 acres, with private streets, and a request for rezone to an R-15 designation. The gross density for the project is 7.76 dwelling units per acre. The 34 individually owned 2-plus bedroom condominium "Villas" will be attached in combinations of two and four dwellings each. All Villas will have two car garages with two additional parking spaces available in each driveway. The proposed buildings are depicted with two and three story elevations for each group of dwellings. Usable open space in the form of pedestrian walks and a gathering courtyard will create a centralized community amenity with a connection linking the project to the future Five Mile Creek regional pathway corridor. The gathering area will include seating, shade trees, and community artwork. Additional common area includes a buffer along Locust Grove Road and landscaping of the eastern strip leading to the Five Mile Creek area (see Applicant's letter for more detail). 1. Date of Site Plan (attached in Exhibit A): February 14, 2007 2. Date of Landscape Plan (attached in Exhibit A): February 14, 2007 5. PROCESS FACTS a. The subject application will in fact constitute a Rezone as determined by City Ordinance. By reason of the provisions of UDC 11-5A-2, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a Conditional Use Permit as determined by City Ordinance. By reason of the provisions of UDC 11-5A-2, a public hearing is required before the Commission and City Council on this matter. c. Newspaper notifications published on: April 2, 2007 and April 16, 2007 (Commission); April 30, 2007 and May 14, 2007 (City Council) d. Radius notices mailed to properties within 300 feet on: March 23, 2007 (Commission); April 27, 2007 (City Council) e. Applicant posted notice on site by: April 9, 2007 (Commission); May 11, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): There is one single-family home and associated outbuildings on the site. b. Description of Character of Surrounding Area: This area contains a wide variety of uses in the city (office, church, residential, etc.) and a mix of rural parcels in Ada County. c. Adjacent Land Use and Zoning: 1. North: LDS Church property, zoned C-N & RUT (Ada County). 2. East: Rural residential property, zoned RI (Ada County) and Commercial property, zoned C-G. South: Rural residential property, zoned R1 (Ada County) and further south, Woodbridge Subdivision, zoned R-4 4. West: Commercial property, zoned L-O and rural residential, zoned Rl (Ada County). d. History of Previous Actions: Bellabrook Villas RZ CUP PS PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 • This property was annexed and zoned (AZ-06-040) R-8 on October 10, 2006 (Ordinance No. 06-1268). • A preliminary plat was approved on October 3, 2006 for 20 single-family residential building lots and 4 common area lots on 4.38 acres of land. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property is proposing to sewer to mains located in Locust Grove Road. Location of water: This property is proposing water service to mains located in Locust Grove Road. Issues or concerns: Flood plain on the eastern portion of this property. 2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse through or adjacent to this site. All open irrigation ditches, laterals and canals, should be tiled when this property develops. 3. Hazards: A portion of this property along the eastern boundary lies within flood zone AE and is within the floodway. 4. Proposed Zoning: R-15 (Medium High Density Residential) 5. Size of Property: 4.38 acres f. Landscaping 1. Width of street buffer(s): 25 feet 2. Width of buffer(s) between land uses: NA 3. Percentage of site as open space: 27.7% or 1.21 acres of useable open space 4. Other landscaping standards: See 11-313-7, Landscape Buffers Along Streets, for landscape requirements in the buffer adjacent to Locust Grove Road. g. Amenities: Per UDC 11-4-3-27D.2, 3 amenities are required for this development. The following amenities are proposed: walking trails, a grassy area of at least fifty feet by one hundred feet in size, public art, and a gathering courtyard that will create a centralized community and include seating and shade trees. The applicant has complied with this requirement. h. Off -Street Parking: UDC 11-3C-6 requires multi -family dwellings with more than 1 bedroom to have 2 parking spaces per dwelling unit in a covered carport or garage. The site plan shows 2 parking spaces in a garage for each unit. i. Required Dimensional Standards for Multi -family Residential Use in the R-15 Zone, per UDC 11-4-3-27 and 11-2A-7: 1. Minimum Building Setback: 10 feet (Unless a greater setback is otherwise required by the UDC) 2. Maximum Building Height: 40 feet Summary of Proposed Streets and/or Access: Access to the proposed development will be from S. Locust Grove Road. The applicant is proposing to construct private streets within the multi- family development with 27-foot wide street sections (measured from back of curb to back of curb) within a 37-foot wide cross -access easement, with rolled curb & gutter, and a 5-foot wide attached sidewalk. A stub street is not proposed to the property east of the site for future connectivity. ACHD does not have any requirements for the internal private streets. Staff is Bellabrook Villas RZ CUP PS PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 generally supportive of the proposed street system with the comments and conditions stated in Section 10, Analysis, and Exhibit B of this report. 7. COMMENTS MEETING On March 30, 2007 a joint agency and department 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 "Mixed Use — Community" on the Comprehensive Plan Future Land Use Map. The proposed Medium High Density Residential zoning district, R-15, is compatible with this designation. The Mixed Use Community (MU-C) land use designation is anticipated to contain 3 to 15 dwelling units per acre (see Page 103 of the Comprehensive Plan). The proposed Site Plan depicts 34 multi -family units on 4.38 acres for a gross density of 7.76 dwelling units/acre. The proposed density complies with the anticipated density for this area. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the subject property in the following manner: ➢ Sanitary sewer and water service will be extended to the project at the developer's expense. ➢ The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. ➢ The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. ➢ The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. ➢ The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter V, Goal I, Objective A, Action 4 — Develop and maintain greenbelts along waterways. The applicant is proposing to construct a section of multi -use pathway on the site that will connect the future master pathway planned along Five Mile Creek across this property Bellabrook Villas RZ CUP PS PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 • Chapter V, Goal I, Objective A, Action 2 — Identify feasible interconnected greenbelt areas along waterways, railroads, etc. The northeast portion of this site is bisected by the Five Mile Creek. The applicant has proposed a pathway leading from the residential portion of this development to the Five Mile Creek with a section of 10 foot wide multi -use pathway that will connect to the north and south along the creek. • Chapter V, Goal I, Objective A, Action 4 — Develop and maintain greenbelts along waterways. A 10foot wide pathway is proposed at the northeast corner of this development that will connect to the north and south for the greenbelt planned along the Five Mile Creek (see above). • Chapter V, Goal I, Objective A, Action 11 — Improve and protect creeks (Five Mile, Eight Mile.... etc.) throughout commercial, industrial, and residential areas. The Five Mile Creek, which bisects the property at the northeast corner, will be protected and will remain open and unchanged. Open space with pathways will be provided adjacent to the creek. • 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. The applicant is proposing to construct a 6-foot tall closed vision fence, where fencing does not currently exist, on the property boundary behind the proposed residences. This fencing is required to be constructed prior to release of building permits to contain debris during construction. Permanent fencing is not required around the common area on the northeast portion of this site because a large part of this area is within the floodplain/floodway. 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 residential zone. Staff finds that the proposed residential development should be compatible with the existing residential properties in the area. • Chapter VII, Goal I, Objective C, Action 4 — Require new residential development to meet development standards regarding landscaping, signage, fences, and walls, etc. The Applicant will be required to construct a 25 foot wide landscape buffer along Locust Grove Road that complies with UDC 11-3B-7, Landscape Buffers Along Streets. All subdivision identification signs proposed for the site must be approved through a sign permit and shall comply with UDC 11-3D-8I and 11-3D-10, Table 2, Subdivision Identification Signs. Fencingproposed on the site shall comply with UDC 11-3A-7. • 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. The applicant is proposing to construct fencing around the perimeter of the residential portion of the development. Fencing is not required adjacent to the common area on the Bellabrook Villas RZ CUP PS PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 northeast portion of the site because a large portion of this area is within the floodplain/floodway. Said fencing should comply with UDC 11-3A-7, Fencing standards. Chapter VII, Goal IV, Objective C, Action 10 — Support a variety of residential categories (low-, medium-, and high -density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. Staff believes that the proposed medium high -density residential multi family development will assist in providing a variety of residential housing opportunities in the City. Further, the applicant intends to convert the dwelling units to condominiums in the future. • Chapter VII, Goal I, Objective D, Action 8 - Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. The applicant is proposing to construct a six-foot tall privacy fence around the portion of this development that is adjacent to the proposed residences. The applicant is also proposing a large amount of open space on the eastern portion of this site that is adjacent to the rural parcel to the east. Staff recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining if additional screening or more transition in density is appropriate. • Chapter V, A. Current Conditions, 2. Hazardous Areas (page 32) This section of the Comprehensive Plan discusses development of areas that are affected by the 100 year floodplain. A portion of this development lies within the floodplain (FP) overlay district. The purpose of this district is to guide development in flood prone areas of any watercourse that is consistent with the requirements for the conveyance of flood flows and to minimize the expense and inconveniences to the individual property owners and the general public through flooding. Uses permitted in this district area generally associated with open space, recreational, and agricultural land uses and do not hinder the movement of the floodwaters. The open space/recreation area proposed within the FP overlay district complies with the purpose of the district as stated above. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2A-2 lists multi -family developments as a conditional use in the R-15 zoning district. Specific Use Standards (UDC 11-4-3-27) apply to multi -family developments; please see Section 10, Analysis below for more information. b. Purpose Statement of the Residential Districts: The purpose of the residential districts is to provide for 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 accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: REZONE: Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Mixed Use — Community, Staff believes that the requested R-15 Bellabrook Villas RZ CUP PS PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 zone is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for a rezone. The rezone legal description submitted with the application (stamped on May 11, 2006 by Clinton W. Hansen, PLS) is accurate and meets the requirements of the City of Meridian and Idaho State Tax Commission. UDC 11-5B-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement (DA) with the City of Meridian that may require some written commitment for all future uses. Because the Applicant has provided a detailed site plan and elevations for the site as part of the CUP application that will be included as an exhibit in the Findings of Fact and Conclusions of Law, Staff does not believe that a DA is necessary to ensure that the site develops in a manor that is consistent with said plans. If the Commission or Council feels a development agreement requirement is necessary, staff recommends a clear outline of the commitments of the developer being required. CONDITIONAL USE PERMIT: Per UDC 11-2A-2, Multi -family Developments require conditional use permit approval and must comply with the Specific Use Standards listed in UDC 11-4-3-27 as follows: a. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. The building envelopes shown on the site plan meet the minimum setback requirements stated. Additionally, a 20 foot setback is provided on the units that have a front garage. b. Service areas: On -site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. The site plan does not depict any service areas; if service areas are proposed, the Applicant shall comply with this requirement. c. Private, usable open space: A minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. Private usable open space is proposed for each unit that exceeds the minimum amount required by the UDC. (Three story units contain180 square feet of covered patio per unit; 2-unit structures at south end of project & end units on 4- unit structures contain 96 square feet of covered patio per unit; 2-units at northeast corner of site contain 108 square feet of covered patio per unit.) (See e-mail submitted by Ross Erickson dated April 17, 2007 and site plan attached in Exhibit A documenting compliance with this requirement.) d. Developments with 20 units or more shall provide the following: A property management office, a maintenance storage area, a central mailbox location, and a directory and map of the development at a convenient location. This development does contain more than 20 units and will comply with this requirement. The applicant has shown two central mailbox unit locations on the site plan. Further, the applicant (Ross Erickson) states in an e-mail to Staff dated April 17, 2007 that a directory and map of the development will be provided at the entrance of the development; An office to manage the condominium association business will be provided within the president of the condominium association's dwelling; and a I0 foot by 12 foot maintenance and enclosed storage area will be provided within the open space located near the east side of units 9 & 10. Bellabrook Villas RZ CUP PS PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 e. Covered Parking: UDC 11-3C-6 requires that multifamily developments shall provide parking as follows: for 1 bedroom units, there shall be two parking spaces with one in a covered carport or garage; and for units with more than one bedroom, 2 parking spaces shall be provided in a covered carport or garage. The elevations show a 2-car garage on all of the units, as required. f. Common Open Space Design Requirements: A minimum of 350 square feet of outdoor common open space shall be provided for each unit containing more than 1,200 square feet of living area. The common open space shall be not less than 400 square feet in area, and shall have a minimum length and width dimension of 20 feet. The open space shown on the site plan demonstrates compliance with this requirement. f. Amenities: UDC 11-4-3.27 requires that multi -family developments between 20 and 75 units provide 3 amenities from separate categories (i.e. quality of life, open space, or recreation). The project complies with this standard as submitted, by providing the following qualifying amenities: 1. walking trails (recreation), 2. grassy area of at least fifty feet by one hundred feet in size (open space), and 3. public art (quality of life). Additionally, the Applicant is proposing a gathering courtyard that will create a centralized community and include seating and shade trees. g. Elevations: Elevations are required to meet the architectural standards set forth in UDC 11-4-3-27E. The proposed elevations appear to comply with the architectural standards. If approved, full compliance with the elevation requirements cited in UDC 11-4-3-27E, and the elevations submitted with the subject CUP, will be required with the future issuance of Certificate of Zoning Compliance's on this site. Staff is generally supportive of the proposed elevations with the following comment: Staff has requested that the applicant submit a perspective view of the 2- unit structure proposed at the northeast corner of the site prior to the City Council meeting. (Applicant has complied with this requirement and the perspective view of all of the proposed units is included in Exhibit h. Landscaping: Per UDC 11-4-3-27, all street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following standards: ➢ The landscaped area shall be at least 3-feet wide; ➢ For every 3 linear feet of foundation, an evergreen shrub having a minimum mature height of 24 inches shall be planted; and ➢ Ground cover plants shall be planted in the remainder of the landscaped area. i. Maintenance and Ownership Responsibilities: Per UDC 11-4-3-27G, a legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. Existing Residences/Buildings: The site currently contains a home and associated outbuildings. All existing buildings shall be removed as proposed prior to release of building permits for this development. Fencing: The applicant is proposing to construct 6-foot tall closed vision fencing along the west, south, and east boundary of the site. Six-foot tall closed vision fencing currently exists along the north and southeast boundary of the site. The existing fencing along the northern boundary was constructed by the LDS Church. The applicant is also proposing to construct a 4-foot tall open vision fence on the northeast and southeast boundary adjacent to the common area. Per the UDC, six-foot closed vision fencing is not allowed adjacent to common open space or micro -pathways. Bellabrook Villas RZ CUP PS PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 The existing 6-foot tall closed vision fencing shown on the site plan adjacent to the common area on the eastern portion of the site should be removed if permission can be obtained from the LDS Church. If permission can not be obtained to remove the fence, it may remain because it is not owned by the subject property owner. Further, Staff is recommending that fencing not be constructed adjacent to this common area as shown on the landscape plan because a large portion of this area is within the floodplain/floodway; the applicant is in agreement with Staff s recommendation. Perimeter fencing is required to be installed around the residential portion of the site prior to issuance of building permits to contain debris during construction. Fencing shall be constructed in accordance with UDC 11-3A-7. Stub Street: The applicant is not proposing a stub street to the property east of the subject property. There are 2 parcels east of this property. The 2.1 acre parcel abutting the subject property is owned by Marshall Smith and contains a home and outbuildings and is currently accessed by a 50 foot wide "flag" from Locust Grove. The other 3 acre parcel to the east of the Smith parcel is owned by Jerry & Betty Cunningham and appears to be vacant. The Cunningham's also own a house/lot in Woodbridge Subdivision that abuts the vacant parcel on the south. It is unknown whether or not the Cunningham's have an access easement across the Smith property to Locust Grove Road. Approximately '/z of the Cunningham parcel lies within a flood zone and a portion is also within the floodway of the Five Mile Creek. Because the Smith property consists of only 2 acres, Staff believes that the existing access to Locust Grove is sufficient to serve this site and a stub street is not necessary. Further, because it is not feasible for the subject property to stub to the Cunningham property because open space is proposed for the area that abuts this property, Staff believes that a stub is not necessary to this property either. Pathway: The 5-foot wide pathway leading from the residential portion of the development through the common area to the 10-foot wide multi -use pathway should be constructed as shown on the landscape plan. The applicant states that a 15-foot wide section of the Five Mile Creek is currently piped and that a 5-foot wide pathway currently exists over the Five Mile Creek, which will provide a connection to the 10-foot wide multi -use pathway. Ditches, Laterals, and Canals: The Five Mile Creek intersects this property at the northeast corner of the site. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: 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. PRIVATE STREETS: The applicant is proposing private streets within this development. Per UDC 11-3F-4, all private streets shall be designed and constructed to the following standards: A. Design standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. Bellabrook Villas RZ CUP PS PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 3. Emergency vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction standards: For conversion of an existing facility to a private street at the direction of the Fire Marshal: a. All drive aisles shall be posted as fire lanes with no parking allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer. b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as determined by the Fire Marshal relative to the height and size of the proposed structures that adjoin the private street. c. Sidewalks: A five-foot (5) attached sidewalk or four -foot (4') detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. Staff is generally supportive of the proposed private streets within this development. However, the Fire Department has commented that the internal private streets as shown are not wide enough to allow for visitor parking on the street. Because visitor parking is needed on the site, Staff is recommending that the sidewalk adjacent to the internal side of the streets surrounding units 15-18 and 23-26 be removed, and the streets widened, to allow for parking on one side of the streets. No parking should be allowed along the internal side of the streets surrounding the 8 internal units and should be signed accordingly. Parking should only be allowed on the external side of the streets. Note: The site plan does show a 20' x 20' parking pad for each of the units that could be used for additional visitor parking if the resident's cars were parked in the garage. Except for the parking pad, no parking is allowed within the common driveways of the units with side entry garages, per the Fire Department. b. Staff Recommendation: Staff recommends approval of the subject applications (RZ-07-006, CUP-07-005, & PS-07-002) based on the Findings listed in Exhibit D and the conditions listed in Exhibit B of this Staff Report for the hearing date of April 19, 2007. The Meridian Planning and Zoning Commission heard these items on April 19 2007 At the public hearing, the Commission voted to recommend approval with requirement of a Development Agreement. 11. EXHIBITS A. Drawings 1. Site Plan (dated: 2/14/07) Bellabrook Villas RZ CUP PS PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 2. Landscape Plan (dated: 2/14/07) 3. Four -unit Structure Elevations 4. Two -unit Elevations for Structures along South Boundary 5. Two -unit Elevations for Structure at Northeast Corner of Development (Units 9 & 10) 6. Perspective Drawing of the Two -unit and Four -unit Structure Elevations 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. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Bellabrook Villas RZ CUP PS PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 A. Drawings 1. Site Plan (dated: 2/14/07) Io' Mug 1114 - 11 c D i m 0 Z0 DO 'D Z 04 A:; �00 0ZZ ,Or rn�C 3mm j; OZm yy>v� > 0 0 0J� cq� ozA �Ao 01X r m Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5,2007 2. Landscape Plan (dated 2/14/07) I K 41 P, LOOtATMD .,aC%wCw­ 11F. F 7 tA %MPLATTUDOMM 111A i I it �8 7X " � Exhibit A 110.� 1� CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5,2007 Allsbow-, IN F] i I z cc zto 0z am Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 Front Rear 3. Four -unit Structure Elevations Right Side RI :HT S 1F LLLH,1" I - Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF TUNE 5, 2007 5. Two -unit Elevations for Structure at Northeast Corner of Development (Units 9 & 10) Front 1�- Rear Right Side FRONT EIiVATION Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 6. Perspective Drawing of the Two -unit and Four -unit Structure Elevations Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE COMMENTS 1 1 1 Prior to the rezone ordinance approval a Development Agreement shall be entered into between the City of Meridian the property owner(s) (at the time of rezone ordinance adoption) and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888 4433 within 3 months of Council approval to initiate this process. The DA shall include, at minimum, the following: The development of this site shall substantially comply with the site plan and conceptual elevations submitted with this application (shown in Exhibit A) and presented at the public hearing. 1.2 SITE SPECIFIC REQUIREMENTS (CONDITIONAL USE PERMIT) 1.2.1 The site plan labeled as Conditional Use Site Plan, Sheet C-1, prepared by Erickson Civil, Inc., dated February 14, 2007, is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-07-006) and Private Street (PS-07-002) applications shall also be considered conditions of the Conditional Use Permit (CUP-07-005). 1.2.2 The landscape plan prepared by Erickson Civil, Inc., on February 14, 2007, is approved with the following modifications/notes: • Per UDC 11-4-3-27, all street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following standards: ➢ The landscaped area shall be at least 3-feet wide; ➢ For every 3 linear feet of foundation, an evergreen shrub having a minimum mature height of 24 inches shall be planted; and ➢ Ground cover plants shall be planted in the remainder of the landscaped area. Fencing shall not be constructed adjacent to the common area on the northeast portion of this site because a large portion of this area is within the floodplain/floodway. All fencing on the site shall comply with UDC 11-3A-7. Per UDC 11-313-10, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. 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. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the Certificate of Zoning Compliance application(s). 1.2.3 Construct a 10-foot multi -use pathway along Five Mile Creek as proposed. Exhibit B CITY OF MERIDIAN PLANNIDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 1.2.4 Submit a copy of the approval letter from the Ada County Street Name Committee for private street names proposed within the development with the Certificate of Zoning Compliance application(s) for this site. 1.2.5 All private streets shall be designed and constructed in compliance with the standards listed for Private Streets in UDC 11-3F. 1.2.6 Upon tentative approval of the Private Street application by the City Council, subject to any applicable conditions of approval and the regulations of Chapter 5 ADMINISTRATION of this Title, the applicant or owner shall have one (1) year to complete the following tasks: • Obtain approval from the Ada County Street Name Committee for a private street name(s); • Contact the Transportation Authority (ACHD) to install an approved street name sign that complies with the regulations of the Ada County Uniform Street Name Ordinance; • Create a perpetual ingress/egress easement or a single platted lot for the private street to all applicable properties; and • The applicant or owner shall provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof. • Upon completion of the items noted above, the Director shall issue a letter stating that the private streets have been approved. No building permit shall be issued for any structure using a private street for access to a public street until the private street has been approved. 1.2.7 All private streets within the development shall be designed and constructed according to the standards listed in UDC 11-3F-4.The sidewalk adjacent to the streets surrounding units 15-18 and 23-26 shall be removed, and the streets widened, to allow for parking on one side of the streets. No parking should be allowed along the streets surrounding the eight internal units and should be signed accordingly. Parking is only allowed on the external side of the streets. 1.2.8 A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the multi -family units within this development. All structures must substantially comply with the elevations submitted with the CUP and the architectural standards listed in UDC 11-4-3- 27E for multi -family developments. NOTE: A CZC application may include multiple/all multi- family units within the development 1.2.9 All signage for the site requires approval of a sign permit. All signage must comply with UDC 11-3D-8I and 11-3D-10, Table 2, for subdivision identification signs -Provide fencing around the perimeter of the building sites as shown on the landscape plan. All fencing shall be constructed in accordance with UDC 11-3A-7 and condition of approval #1.1.2 above. Perimeter fencing to contain debris during construction shall be installed around the residential portion of the site prior to release of building permits. 1.2.10 A legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. 1.2.11 Underground, pressurized irrigation must be provided to all lots within this development. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Locust Grove Road. The applicant shall install all mains to and through this development; applicant shall Exhibit B CITY OF MERIDIAN PLANNINDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 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 conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Locust Grove Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 A water stub to the east shall be provided to allow for a future looped system, it shall be covered by a standard City of Meridian easement. 2.4 Prior to any excavation or improvements within this development that applicant shall submit a Flood Plain Development Permit and comply with all conditions of the same. 2.5 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.6 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.7 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 of the 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 a letter of plan approval shall be submitted prior to scheduling of a pre -construction meeting. 2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). 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. 2.9 All existing structures not meeting setbacks or the dimensional standards of the UDC shall be removed prior to building permits being released. 2.10 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.11 Any meter tiles located in common driveways shall be upgraded to traffic rated materials per City of Meridian Standard Specifications. 2.12 As proposed, additional width to the public utilities, drainage and irrigation easement along the right -of way shall be dedicated where the sidewalk is located past the right-of-way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.13 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 irrigation. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.15 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, and the road base approved, prior to applying for building permits. 2.16 All development improvements, including but not limited to sewer, water, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to issuance of building permits. 2.18 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. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.22 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. 2.23 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 1-foot above. 2.24 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures is 30-feet. 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 to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings not exceeding 3600 square feet will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. One and two story family dwellings 3600 square feet and greater will require a fire flow of 1500 gallons per minute. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C3.2. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.4 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 a. Fire Hydrants shall have the 4'/2" 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 corners when spacing permits. 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 of the 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. 3.5 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.6 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.7 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.8 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.9 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.10 Building setbacks shall be per the International Building Code for one and two story construction. 3.11 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. 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 back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.12 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.13 Maintain a separation of 5' from the building to the dumpster enclosure. 3.14 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.15 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.16 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. 3.17 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.18 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.19 There shall be a fire hydrant within 100' of all fire department connections. 3.20 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.21 Parking should be prohibited in driveways of side entry garages to allow room for Fire Department turn around. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DUNE 5, 2007 4. POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed two feet in height. Trees shall have a canopy of no less than six feet. 4.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. All micropaths and open areas shall have adequate lighting. 4.3 Private streets are not wide enough to allow parking for visitors. Visitor parking should be provided on the site. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY 6.1 No comments were received from SSC regarding this application. 7. ADA COUNTY HIGHWAY DISTRICT Andrew Mentzer, Ada County Highway District, submitted a letter to the City dated March 26, 2007, in response to this application. The letter states that because the internal roadways are proposed to be constructed as private streets rather than public streets, ACHD does not have any requirements for the private roads and that the applicant should only comply with the improvement and right-of-way requirements for Locust Grove Road. Additionally, the Applicant should submit construction drawings to the ACED Development Review prior to final approval, and pay all applicable review and impact fees. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 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. 8.3 Run-off is not to create a mosquito -breeding problem. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5,2007 C. Legal Description & Exhibit Map Lega C I Lf - !Z$ Lip on Bellabrook Villas A parcel of land iocated in the NW !/. of the NW 1/4 of Section 17. Township 3 North, Range I East Boise Meridian, Ada County, Idaho, and more parlicularly described as follows Commencing at a brass cap monument marking the northwest corner of said NW 1/4 0 the NW '14 from which a brass cap monument marking the southwest corner of the NW P. of said Section 17 bears S 0*31'43* W a distance of 2658,74 feet, Thence S 0031'43' W along the westerly boundary of said NW !/4 of the NW '14 a distance of 89Q67 feet to a point, Thence leaving said westerly boundary S 89*57'19' E a distance of 48 00 feet to a I/i inch diameter iron pin on the easterly rtght-of-way of S Locust Grove Road and the POINT OF BEGINNING; Thence continuing S 89*57'19' E a distance of 944 94 feet to a 518 Inch diameter iron pin; Thence S. 0*29'13' W a distance of 77 52 feet to a *4 inch diameter iron pin; Thence N 89*59'37'W a distance of 567 77 feet to a 5/8 inch diameter iron pin, Thence S 0*32'24" W a distance of 310.91 feet to a Y, inch diameter iron pin: Thence N 89'58'07'W along a line 50.00 feet north of and parallel to the southerly boundary of said NW ',/# of the W1 '/4 a distance of 377 18 feet to a 518 inch diameter iron pin on the easterly right-of-way of S Locust Grove Road, Thence N 0*31'43' E along said easterly right-of-way a distance of 388.90 feet to the POINT OF BEGINNING. This parcel contains 4 38 acres and is subject to any easements existing or in use Clinton W Hansen. PLS Land Solutions, PC May 11, 2006 L,arid"Colutions Se!labtooSubdivision Job No 06-38 Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 Bellabrook Villas Boundary Exhibit LOCATED IN THE NW 1/4 OF THE NW 1/4 OF SECTION 17, T3N, R I E, BM, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2006 MA61 owl E FRAWUN RD41 pl to AREA - 4,38 ACRES 4.. a '. tali V.* vii Wsr NO f"!r L LAV� cr oW5R-07- W f;'7 16' kE',4�, );ppRUVAL mjip.DiAm pt000 WOWAS, (Wpl- L a"r) fj."5 01 u tio ri—ro Land Surveying and Consulting 231 F, IWH V, SIF A MERKRAN 10 SM4Z www wKhokstcon M Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 D. Required Findings from Unified Development Code 1. Rezone Findings: 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: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-15. The Commission finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that future development of this property will comply with the established regulations and purpose statement of the R-15 zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. 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 Commission finds that the proposed zoning amendment should not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). This finding is not applicable to the subject rezone request; the Commission finds that the rezoning of this property to R-15 is in the best interest of the City. 2. Conditional Use Permit Findings: 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: a. 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 Commission finds that if the site is designed according to the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 the dimensional and development regulations of the R-15 district and the multi -family Specific Use Standards. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the proposed multi -family residential use in the proposed R- 15 zone meets the objectives of the Comprehensive Plan. 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. The Commission finds that the proposed multi -family development is compatible with other uses in the general area and will not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. 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 Commission finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department and other agencies. f. 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. The Commission 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. 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 the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Commission 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. Staff recognizes the fact that traffic and noise will increase with the approval of this development; however, Staff does not believe that the amount generated will be detrimental to the general welfare of the public. h. 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. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007 The Commission finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. Private Street Findings: a. The Design of the private street meets the requirements of this Article; The applicant shall comply with the private street design standards listed in UDC 11-3F- 4A and conditions of approval #1.2.5, 1.2.6, and 1.2.7 listed above in Exhibit B of this staff report. b. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and If the Applicant complies with the conditions listed in Exhibit B of this staff report pertaining to private streets, the Commission does not anticipate any hazard, nuisance or other detriment from the private streets if they are designed and constructed as required by UDC 11-3F-4. c. The use and location of the private street shall not conflict with the Comprehensive Plan and/or the regional transportation plan. The Commission finds that the use and location of the proposed private streets do not conflict with the Comprehensive Plan and/or the regional transportation plan. Exhibit D