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HomeMy WebLinkAboutCasa Meridiana CUP CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & ORDER RECEIVED APR 0 5 2006 g~g~~~ olfe~d/:n'!tif; . \ - II).\I-I() ~ \?~ /I -...-, , "~~:." i"ì ----':-'!"[<i..:t.. -"L'!' .y"~!'~-"-'" <¡;A;j In the Matter of Annexation and Zoning of 7.58 acres from RUT (Ada County) to R-l5 (Medium-High Density Residential) AND Conditional approval of 31 Multi-family residential buildings 6.9 acres, for Casa Meridiana, by Oaas Laney, LLC. Case No(s).: AZ-05-067 and CUPMOS-060 For the City Council Hearing Date of: Aprilll, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 11, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 11, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 11,2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 11, 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 (Lc. §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 ofthe City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 1I-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-067 and CVP-O5-060 - PAGE 1 of 4 4. Due consideration has been given to the comment(s) received from the governmental 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, Site Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of April 11, 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 § 1I-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation and Conditional Use as evidenced by having submitted the Site Plan dated REVISED March 6, 2006 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. None. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of April 11, 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, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-067 and CUP-O5-060 - PAGE 2 of 4 from 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 termination of the period in accord with 1I-5B-6.G.I, 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. E. Notice of Final Action and Right to Regulatory Takings Analysis 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 the conditional use permit 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 April 11, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5.067 and CUP-O5-060 - PAGE 3 of 4 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 MAYORTAMMYdeWEERD VOTED MAYOR 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). AZ-O5-067 and CUP-O5-060 - PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April!!, 2006 STAFF REPORT TO: FROM: Hearing Date: April 11, 2006 Meridian City Council Pla1llÙng Commission Staff: Joe Guenther, Associate Planner Meridian Pla1llÙng Department 208-884-5533 cM'e;;dl~\ I JU,\ -IO .; \,;;- Ÿ ~1t..-. L ~"","'-/ ""'-!..'!}"" Jo~'!., s,,!~,~,' r,.~ FROM: SUBJECT: Joseph Guenther, Associate City Planner Casa Meridiana AZ-05~O67 - Annexation and Zoning of 6.9 acres from RUT to R~I5 (Medium- high Density Residential) CUP-05w060 - Conditional Use Pennit for Multifamily development PS-05.003 - Private Street for providing frontage to multifamily site. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Insight Architects, is requesting approval of a Conditional Use Pennit (CUP) to construct multifamily development on 6.9 acres within the future Casa Meridiana condominium development located at the southeast comer of Victory Road and Locust Grove Road. The site design is showing thirty one (31) multifamily units and one clubhouse/activity center on one parcel which requires a conditional use pennit in an R-15 district. The applicant has requested all internal circulation to be designed as private streets, and the site plan shows one access to Victory Road as an entry point. 2. SUMMARY RECOMMENDATION On February 16, 2006, the Commission continued the Casa Meridiana project to the March 2,2006 hearing due to over-scheduling of the agenda and with the applicant's consent. The applicant's initial request included gated streets which are prohibited with the Meridian Unified Development Code. ACHD has commented on the report and has made a special notice including a recommendation that the streets be public roadways, provide stub streets east and south, and will promote cut-through traffic. ACIID has not commented on the revised drawing dated March 6, 2006. Staff has reviewed the design dated March 6,2006 and all comments have been incorporated into this report. Staff still holds concerns that the overall design of the site would exceed the capacity of the private streets as designed. The applicant has reduced the street sections from a 26'interal roadway to a 24' wide section for the entire site. The multifamily development will receive detailed approval with this application; however there are still several items to be addressed through conditioning. Staff would support moving the application to the City Council for approval with a redesign that would show compliance with all requirements of the UDC as detailed in this report. The Meridian Planning and Zoning Commission heard the item on March 16, 2006. 2006 public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Russ Phillips (applicant's representative) ii. In opposition: None. iii. Commenting: Eric Oaas, Applicant. IV. Staff presenting application: Joe Guenther v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: At the March 16, Casa Meridiana AZ-O5-067PS-O5-003/CUP-O5-060 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April II, 2006 i. Gates - which are not allowed by the UDC 11. High groundwater 111. Cut through traffic IV. Private streets for what is essentially single family residences. v. Interconnectivity of the private road system vi. Redesign of the development to provide internal access from adjacent parcels instead of Victory/Locust Grove Roads V11. Access to major road systems or local road access only. V111. Emergency service drives instead of stub streets c. Key Commission Changes to Staff Recommendation: i. To make the north/south leg ofthe private streets including the stub street to the south to be dedicated public streets. d. Outstanding Issue(s) for City Council: i. Public versus Private Streets. Staff is recommending approval with a redesign of the subject applications (AZ-05-067, PS-05-003 and CUP-05-060) subject to the conditions noted in this report. PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number(s) AZ- 05-067 and CUP-05-060 as presented in the staff report for the hearing date of April 11, 2006, with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number(s) AZ-05- 067 and CUP-05-060 as presented in the staff report for the hearing date of April 11, 2006, for the following reasons: (you should state specific reasons for denial of the annexation or plat and you must state specific reason(s) for denial of the conditional use pennit.) Recommend Continuance After considering all staff, applicant and public testimony, I move to continue File Number(s) AZ-O5-067 and CUP-O5-060 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SE comer of Victory Road and Locust Grove Road Township 3N, Range IE, Section 29 b. Owners Oaas Laney, LLC 519 W. Front Street Boise Id, 83702 c. Applicant: Insight Architects 2238 Broadway Ave Boise Id 83706 d. Representative: e. Present Zoning: Russ Phillips, Insight Architects RUT - Ada County f. Present Comprehensive Plan Designation: Casa Meridiana AZ-O5-067PS-O5-003/CUP-O5-060 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ApriJ 11,2006 Medium Density ResidentiaI- 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. See Exhibit Al (prepared by Insight Architects) for a copy of the site plan which depicts the lot layout, building, parking and access locations with adjoining subdivisions, Exhibit A2 shows the proposed landscape plan, and Exhibit A3 shows detailed elevations. h. Applicant's Statement/Justification: The application notes that the Medium Density Residential designation provides for the overall site to be developed in a unique configuration that attracts a new market of customers to this area. The applicant notes that the site is an ideal location for a condominium/multifamily complex and will provide the additional landscaping along drive aisles, the design review for structures, and develop the new private streets to limit traffic movement in the area. 4. PROCESS FACTS 5. LAND USE a. The subject application will in fact constitute an annexation and zoning as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 3, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a conditional use / multifamily development as determined by City Ordinance. By reason ofthe provisions ofthe Unified Development Code Title 11 Chapter 5 Article B Section 6, a public hearing is required before the City Council on this matter. Newspaper notifications published on: Council- March 20, 2006 and April 3, 2006 Planning Commission - February 13, 2006 and February 27, 2006 c. d. Radius notices mailed to properties within 300 feet on: Council - March 31, 2006 Planning Commission - February 3,2006 Applicant posted notice on site by: January 17, 2006 e. a. Existing Land Use(s): Bare land, single family residence along Victory Road. b. Description of Character of SulTounding Area: Large lot residential to the south, infill residential north of the site and agricultural east and west of the site. c. Adjacent Land Use and Zoning 1. North: Sageland Subdivision, Zoned Rø8 with a Planned Development 2. West: Undeveloped small lot agricultural, Ada County RUT 3. South: Tuscany Lakes Subdivision zoned Meridian City R.4 and undeveloped Ada County RUT 4. East: Undeveloped Ada County RUT d. History of Previous Actions: The Commission heard this item on March 2, 2006. At that hearing they directed to applicant to redesign the site to meet the following concerns: provide Casa Meridiana AZ-O5-067PS-O5-003/CUP-O5-060 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April] l, 2006 one stub street to the south, eliminate the Locust Grove access, and consider making the streets public. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: of this property. Location of water: Water is located in the full frontage of both S. Locust Grove Road and Victory Road. Issues or concerns: High ground water and wetlands. Stonn drain disposal will be problematic with the high groundwater. 2. Vegetation: Agricultural/Irrigated 3. Flood plain: N/A 4. Canals/Ditches Irrigation: Several ditches/canals cross the site. These laterals appear to be for drainage as well as local user groups. 5. Hazards: High groundwater 6. Size of Property: 6.9 acres 7. Description of Use: Attached townhouse and associated residential amenities, front accessed products with no internal fencing. f. Landscaping 1. Width of street buffer(s): per the Future Land Use Map, both Victory Road and Locust Grove Road are designated as "Collector Roadways." As such, the UDC (Table 1I-2B-3) requires a 20-foot wide street buffer adjacent to both roadways. The landscape plan (Sheet L-l) proposes a 20-foot wide buffer along these roadways. There is sewer in Victory Road near the northwest comer 2. Percentage of site as open space: The open space contained in the residential uses is not calculated on the site/landscape plan. UDC 11-3G-3A requires a minimum of 5% open space, the site plan includes several water features and internal open spaces which would appear to be consistent with the required 5% open space. The calculation should be reduced to not include any landscape buffers and would be required if approved. The applicant shall clarify these calculations to be consistent with the amenity standards found in UDC Chapter 3, Article G. 3. Other landscaping standards: The landscape buffer along Locust Grove Road and Victory Road should be constructed in accordance with UDC Chapter 3, Article B. This would include the modification of the evergreen trees shown on the landscape plan, UDC 11-3B-7C-3c as evergreen trees shall be used sparingly and in clusters. 4. Fencing - The applicant is proposing a solid block (stucco) fence around the site with limited access points which will be controlled by iron gates. The walking paths to connecting multi-use pathways are also proposed as gated. The applicant is not proposing internal fencing with the exception of limited three foot stucco fences will enclose the private open spaces and four or six foot iron fences will enclose the pool and activity center uses. Conditional Use fufonnation: g. 1. Non-residential square footage: To be detennined, 3,128 square feet shown for the Casa Meridiana AZ-O5-067PS-O5-003/CUP-O5-060 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April II, 2006 activity Center 2. Proposed building height: 23.5 feet (Sheet A.30) R-I5 allows 40 feet 3. Percentage of site devoted to building coverage: Not defined 4. Percentage of site devoted to landscaping: required minimum of 5% 5. Percentage of site devoted to paving: Not defined 6. Percentage of site devoted to other uses: Not defined 7. Number of Residential units: 32 h. Amenities - The applicant is providing a clubhouse, recreational facilities behind the activity center and additional open space for the residential amenities with multiple water features and internal pathways. UDC 11-4-3.27D-2b requires three onsite amenities with one from each category. UDC 11-4-3.27D - - a. Quality of life amenity- Clubhouse (activity center) - b. Open Space - Water Amenity . c. Recreation - Walking trails and Sports courts i. Off-Street Parking (residential uses) - provided within the R.I5, to meet the multi-family standards set forth in UDC 11-4-3.27. The conceptual design appears to meet these standards which will be certified through the certificate of zoning compliance process. The site layout provides for two garage stalls for each dwelling unit which at maximum will be designed for 2,400 square-foot units with a 20-foot x 20-foot parking pad. Fifteen of the thirty-one parking pads cUlTently do not meet the 20-foot x 20-foot standard as required by Table l1-3C-2. The applicant shall certify that a 20-foot x 20-foot parking pad has been plalllled for each unit in front of the required two enclosed spaces. The applicant is also proposing ten parking stalls (one handicap) for the activity center. Standard gathering places require one space per 500 square feet and of the approximate 3,128 sq/ft activity center; this would require six parking stalls. The applicant has met the minimum standard for the most restrictive district. j. Proposed and Required Residential Standards - R-15 and R-15 bulk standards apply as found in UDC 11-2A. R.I5 (Standards) Setbacks (*all streets private) Proposed Street Setback to Living Area ** 0 Street Setback to Garage** 15 Required 10 20 4 12 0 2,400 40 Side 4 Rear (unit 19)6 Frontage 0 Lot Size 0 Maximum building height 23.5 ** As measured from back of sidewalk Staff has concerns that the applicant, by using a private street system for essentially attached Casa Meridiana AZ-O5-067PS-O5-003/CUP-O5-060 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF April 1 1,2006 single residential, that they do not meet the intent of the district or the associated setback standards. n. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing all streets, public connections and internal circulation to be private streets. The applicant is proposing one new access point to Victory Road to serve the Casa Meridiana project at approximately 520' east of the Victory/Locust Grove Intersection. This request is not supported by UDC 11-3F-4.4 Standards for Private streets: Gates: Gates or other obstacles shall not be allowed. A variance may not be granted to this standard. Variances can only be applied toward relief from a dimension standard. Variances may not be used to approve a use, such as a gated street, which is otherwise prohibited. The applicant has been infonned that the only mechanism to allow gated streets would be to request a zoning ordinance text amendment. They have not submitted such an amendment. If the gates are not approved, as recommended, staff is concerned that the applicant is creating a competing street network with these private streets. ACHD has issued the following statement: Special Notice to the City of Meridian . The applicant is proposing to construct the transportation network within the subdivision as private streets. By constructing these roadways as private streets, the District and the City of Meridian lose any chance of obtaining connectivity in this area. Essentially, this comer would be an enclave that is completely separated from all ofthe sun-ounding neighborhoods. District staff strongly recommends that the internal streets be required to be public roadways that can provide stub streets to the east and to the south to provide interconnectivity. The connectivity to the surrounding parcels would provide additional access for emergency services, eliminate multiple access points to major roadways (collector and arterial roadways), reduce vehicle miles traveled, connect neighborhoods and have the ability to increase the sense of community in the area. . The "L-shaped" roadway that the applicant is proposing is similar to what was proposed with Sageland Subdivision. When Sageland Subdivision proposed a similar roadway network, the City of Meridian was very concerned with potential cut through traffic and required the installation of landscape islands. This proposal may promote cut through traffic on a private roadway network. ACHD followed up with a letter dated March 22, 2006 with the following notices: . District staff cannot support private stub streets for several reasons. If a private stub street is constructed, the District has no ability to require the extension of that stub street in the future because the roadway is not under the jurisdiction of the Highway District. It is not the intent of the District to have networks of private streets that essentially serve a public street function. If it is detennined that there is a public need for a stub street to the south from this development, then the street stub ought to be public. . For this particular application, District staff believes that the City needs to detennine if private streets in this location meet the needs of the City. If the City detennines that private streets are appropriate in this location and for this project, District staff recommends that no stub street be required. If the City detennines that public streets are Casa Meridiana AZ-O5-067PS-O5-003/CUP-O5-060 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Apri11I, 2006 in the best interest of the City, then the entire development should be required to have public streets, and a stub street should be provided to the south property line. For a detailed report on ACHD's actions and comments, please see the letters/reports submitted with the application materials. Staff is recommending the applicant consider eliminating the access to Locust Grove Road and providing a public road to Amity Road with a public stub street to the property south of the site. The internal roadways may be allowed as private streets if approved. 6. AGENCY COMMENTS MEETING On January 27,2006, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit C. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated 'Medium Density Residential' on the Meridian Comprehensive Plan Future Land Use Map and the applicant has generally drawn the annexation request for the R-15 district to follow the Medium Density Residential District. In Chapter VII of the Comprehensive Plan, medium density is defined as areas including single-family homes at densities of three to eight dwelling units per acre. The proposed density (4.6 d.u./acre) is within minimum target density of3 to 8 d.u./acre for Medium Density Residential, staff finds that the proposal confonns to this stated purpose and intent. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): . Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) 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 lands proposed to be annexed in thefollowing manner: . The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under 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 Ada County Sheriff's Office. Once annexed the lands will be serviced by 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 #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. . . . . Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Casa Meridiana AZ-O5-067PS-O5-003/CUP-O5-060 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April!!, 2006 Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. . Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staffbelieves that the proposed residential land uses are appropriate along the adjoining transportation corridors . Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on collectors and arterial streets. The ACHD evaluates access points in their analysis; no direct access is allowed to any of the collector roadways. The proposed access points to the arterial streets generally comply with ACHD's standards. Please see the ACHD staff report and Exhibit B for the conditions from ACHD. Locust Grove and Victory Roads are classified as collector roadways. The applicant is proposing access from both public roadways with internal circulation being private. Public connection to adjacent residential developments is proposedfrom gated micropaths and sidewalks which will provide future connection to residential areas west and south of the site. Staff believes that the design as shown limits the existing and planned residential areas in the vicinity by constraining adjacent properties to extend sewer and water services in the rights of way, requires future development to obtain the offset access points, and does not facilitate interconnectivity between parcels. . Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) The properties adjacent to the subject site are designated for residential uses. North ql the site is existing medium high residential uses at approximately 5.5 dwelling units to the acre, east of the site is vacant, and west and south ql the site are medium density residential uses and expected to continue these uses as per the Comprehensive Plan Future Land Use Map. The project provides a transition from the less dense Tuscany development to higher density R-15 District which would be compatible with the smaller parcel development occurring closer to the intersection of Locust Grove and Victory. The applicants have included residential to residential fencing along the south and east boundaries as well as by providing amenities and open space connections. . . Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation con-idor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct appropriate buffers along all of the adjacent collector roads. By ordinance, a minimum 20-foot wide landscape buffer is required adjacent to collector roadways. The landscape plan shows the appropriate landscape buffers. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: . "Require all new parking lots to provide landscaping in internal islands." (Chapter V, Goal III, Obj. D, #3, page 43) "Eagle Road is the major north-south arterial in Ada County. The capacity ofthis arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." (Chapter VI, page 71) . Casa Meridiana AZ-O5-067PS-O5-003/CUP-O5-060 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11,2006 . "The capacity of arterial. . .roadways can be greatly diminished by excessive driveway connections to the roadways. The City should cooperate with ACHD to minimize access points on arterial. . .roadways as development applications are reviewed." (Chapter VI, page 72) "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). "Identify transitional zones to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102) "Restrict curb cuts and access points on . . . arterial streets." (Chapter VII, Goal IV, Obj. D, #5, page 107) . . . 8. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Residential Districts: UDC Table l1-2A-2 lists multifamily development uses as conditional uses in the R-I5 zoning district. b. Purpose Statement of Zone: MEDIUM-HIGH DENSITY RESIDENTIAL DISTRICT (R-15) 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 W1itS per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O-T, TN-C, and TN-R districts as set forth in Chapter 3 Article D. c. General Off-Street Parking Standards (from UDC ll-3C-5): The following standards shall apply for off-street vehicle parking for nonresidential uses: In all Commercial Districts the requirement shall be one (1) space for every five hundred (500) square feet of 2fOSS floor area. Although the use is not in a commercial district the general standard for non-residential uses may be applied. The applicant has provided adequate off street parkingfor the amenity. d. Multifamily Development (UDC 11-4-3.27) The following standards shall apply for the multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Architectural Character-Multifamily Development (1l-4-3.27.E): All structures in Multifamily Development are subject to the design standards listed in this section. The overall elevation shall be reviewed by staff and shall be approved prior to issuance of a Certificate of Zoning Compliance. Landscaping (1l-4-3.27.F) Additional landscaping standards for street facing elevations apply to this site. II-4w3 .27.G All multifamily developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, and other development features. Casa Meridiana AZ-O5-067PS-O5-003/CUP-O5-060 Page 9 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DA TE OF April 11,2006 e. Outdoor storage/refuse areas (11-3A-I2): Outdoor utility meters, HV AC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation The AZ/CUP/PS application appears to substantially comply with the Unified Development Code. However, there are several areas of clarification and some modifications required to both the site plan, cross access, and public road design prior to a recommendation of approval. Below are several special considerations for the P&Z Commission to review at the public hearing: Analysis of Facts Leading to Staff Recommendation 1. AZ Application (AZ-05-067): Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, Staff believes that this is a good location for the proposed development. Please see Exhibit D for detailed analysis of the required facts and findings for a Zoning Amendment. The annexation legal description submitted with the application (stamped on 11/28/2005 by Delson Brown, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. UDC 11-5B-3D provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the close proximitv of existing and future residential uses and the submission of a conditional use request. staff believes that a Development Acreement is not necessary to ensure that this propertv is developed in a fashion that is consistent with the comprehensive plan desil!1lation and does not negatively impact nearbv properties. Staff believes that a Development Agreement should not be required with this application as the applicant has submitted a conditional use request which would address all the implications of the annexation. Special Considerations: Casa Meridiana AZ-OS-O67PS-OS-OO3/CUP-O5-060 Page 10 CITY OF MERJDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Apri!!!, 2006 Sidewalks: The applicant is proposing to construct 5-foot wide attached sidewalks on the internal streets/drive aisles. The applicant is proposing to plant trees on the back side of the sidewalks, but staff believes that additional trees should be planted at the driveway cuts and closer to the curb to provide the pedestrians with cover and to make the streetscape more attractive. Land Use Buffers: UDC requires landscape buffers between different land uses. Per UDC 11-3B-9, a 20-foot wide landscape buffer along collector streets. The applicant is showing a 15-foot wide setback buffer between the condominium homes and the future potentially detached single family residential lots. Staff feels that the perimeter landscaping serves as a buffer and shall contain materials in accordance with UDC II-3B-9 and not include impervious surfaces such as parking areas or driveways. The proposed pathway connections east and south shall be landscaped in accordance with UDC l1-3B-I2. See Exhibit B below. ACHD: The ACHD staff report submitted for this application specifically requests the Planning Commission and Council to consider amending the design to provide for interconnectivity between the other three parcels in the near vicinity to the comer of Locust Grove and Victory Roads. Staff supports ACHD' s request but would add that the access point to Locust Grove Road had potential to be moved to the parcel south of this site with a stub street from this property to the south. The parcel to the south would then be required to stub services and a public street to the east. These changes would meet ACHD's concerns for interconnectivity. Lastly, the Planning Commission and Council should consider that ACHD would prefer these streets to be public. Private Streets: The design dated March 6, 2006 shows the private streets to connect from Victory Road and stubbing to the property south of the site. Staff feels that either design stretches the intent of the private street standards for providing access to multifamily units. Staff would recommend that the applicant consider eliminating the Victory Road access after construction is completed in the following fashion: 1.) The Victory Road access point would become an emergency drive similar as to the approval for Sageland subdivision on the north side of Victory Road, these emergency accesses would align and provide an escape route recommended by Emergency Services. 2.) Staff anticipates the property south of the site to have access to Locust Grove Road and would prefer the private street co1U1ection to a local road and not a collector/section line road. This design would accomplish the applicant's goal of achieving exclusiveness and seclusion on the comer as well as meet ACHD's requirements that the private streets not be a competing road system. 3.) Staff would also request the applicant eliminate the cul-de-sac turnarounds and loop the private streets to increase the area around the perimeter of the site as to allow more common open space and less paved surfaces, only if the access point to Victory Road is restrained to emergency services only. CUP Application (CUP-05-060): The proposed Conditional Use request substantially complies with the Zoning Ordinance. 1. Elevations: The applicant has submitted building elevations ofthe proposed structures. The application lists the proposed building materials, including stone, brick, stucco and timber to be accented with chrome, aluminum and gloss painted trims. UDC 11-4.3 Casa Meridiana AZ-OS-O67PS-O5-003/CUP-O5-060 Page II CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AprilIl, 2006 requires multifamily structures to comply with the design standards listed in this section. Staff feels the elevations submitted with the CUP significantly meet the requirements of the design standards listed in UDC 1I-3A-l9. The elevations will need to be reviewed prior to issuance of CZC to comply with the following ordinance standards: a. All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to windows, bays and offsetting walls that extend at least two (2) feet; recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet (2') and minimum area of twenty-five (25) square feet. b. Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. c. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. d. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. e. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and tile are encouraged. f. Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation. g. All roof and wall-mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. 2. Refuse/Service Area Screen: Neither the Site Plan nor Landscape Plan call-out how or if the refuse/service area on the north side of the activity center building will be screened. UDC ll-3A-I2 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. The applicant's CZC application must clearly demonstrate how this standard is met. 3. Cross Access: The property to the south will be providing a point of access to Locust Grove Road and an access is also proposed from this site. The applicant has provided a revised design with the access point to the south as a private street. 4. Private Streets: The applicant is proposing to use private streets to provide future access to Locust Grove and Victory Roads. The applicant has submitted a Private Street application as required by UDC 11-3F-3. The private street standards are listed in UDC Casa Meridiana AZ-O5-067PS-OS-OO3/CUP-OS-O60 Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Apdl!!, 2006 1I-3F. The applicant shall design and construct the private streets in compliance with the standards listed for Private Streets in UDC 1I-3F Private Streets if allowed. See Exhibit B. The Meridian Fire and Police Departments are requesting a minimum of 24' paved sections for the private streets. These standards would not allow on street parking which the Meridian Police Department has considered inadequate for this size of development. 5. Common/Open Space: The applicant has a qualified application meeting the requirements of UDC 11-3G and UDC 11-4.3.27c. The proposal is showing centrally located open space which appears to be a minimum of 5%. The applicant shall certified that qualified open space in the residential district which meets the requirements of a minimum of 5% open space has been provided with the fmal approval of the Certificate of Zoning Compliance. See condition of approval 1.1.3 6. Multi-Use Pathway: The applicant is required to install a micro pathway connection into the site to the east as shown. The pathway along the Ten-Mile Creek is the major pedestrian connection to sites west and north of the site. 7. Amenities: The applicant is required to provide three amenities for multifamily developments with 20 to 75 units. The applicant is showing qualified site amenities as follows: II-3G-3C-I - Quality oflife amenities - Clubhouse 11-3G-3C-2 - Open Space amenities - Open grassy area, ponds/water features lI-3G-3C-3 - Recreation amenities - Pool, walking trails, sports courts Amenities are generally located in centrally accessible locations. These common areas shall be maintained by the Cas a Meridiana (Home or Users) Owners Association. The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. PS-05-003 Private Street DesÎ!:m Standards: The private streets shall be placed in a pennanent easement as the site is not projected to be platted. ACHD shall approve all points of access. If the private streets are denied then the applicant shall contact ACHD to detennine the method of transfer of any public streets. The private street shall provide sufficient maneuvering area for emergency vehicles as detennined and approved by the Meridian Fire Department. The Meridian Fire has commented below. Gates or other obstacles shall not be allowed. Street Names: The private streets shall have street names as determined by the Ada County Street Naming Committee. The street names shall be approved prior to issuance of a CZC. Fire Lanes: The revised 24' roadway shall be defined and signed as a fIre lane with no parking allowed. 9b. Staff Recommendation: Based on the above analysis, staff fmds the AZ/CUPIPS applications may confonn with the Comprehensive Plan policies and UDC standards. As noted under "Special Considerations," we recommend the Commission consider requiring the applicant Casa Meridiana AZ-O5-067PS-O5-003/CUP-O5~O60 Page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April!!, 2006 to make certain concessions to make the private streets safer for internal traffic. Staff recommends approval of the AZCUPIPS application subject to the conditions of approval listed in Exhibit B. Staff has provided findings consistent with a recommendation for approval. 10. EXHmITS A. Drawings 1. Site Plan (AS.I, REVISED dated March 6, 2006) 2. Landscape Plan (L-I, stamped REVISED dated March 6,2005) 3. Elevations (A3.0, dated November 23,2005) B. Legal Descriptions C. Conditions 1. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. ACHD D. Required Findings from UDC - 1. Annexation 2. Conditional Use Permit 3. Private Street Casa Meridiana AZ-O5-067PS-O5-003/CUP-O5-060 Page 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11,2006 Exhibit AI: Site Plan (AS.!, REVISED dated March 6,2006) .-- - i- --- - - - - - -- -1- -- - --- - - -,,!--'-~':.!,!,"- ':."~'r "°,\0 , , ¡m..._.....--.......:- -....,.. - ,..............".---..-.. ---- ---,-----,------_u_------------ ---------.. - ---".. -------_u----"-, ,---- -.--------u--; \, .:,:, .,¡ .. " i ¡ ,;; ,I" ill III ~ I hi ¡ ¡ ! ';w~, -'f' ~~'-C"")"- '. \ '" :..: '. - ,~ If I I, c---' ..--.-- / I _/ / -' '. ¡ -,- "': : ¡/- ;;;. / \ ,Î '"' " ." ",.. '--.J '" i¡ ¡ ,;" ,¡ .. '" ' ~¡.i'.';"1 ~""'k¡"".'-"""""""': ,n.:"" :'::f'lll -51F ,- (/ \j- :" tf'-""~~";'I( ~- IL .. Q," :'", ,'i _.,_b.:" !~ --"'1- il,) .' ,~ ~i ":';,'.,~,~I:,'!'-':',, '111/ ",..' /-;--,----_..~<\_!,", ¡~o I' : ..-.. ".. J ~, I I - /-- ~"4'" ¡,I, '\"-\, "" -;,,'_"'1:<),1 r-r-1_"\""\_~¡:"'" 1! ;ii.. \)';':",,'I'~'ITI, ::'.-\,':\..'--1 :::,':,,:,\)\_,,"'-:-,,~,-:,,_',"l"-"" ',.-\: -¡( .,' \ '.. I ., ,\ - -, I "iMf'~' -', "\!-....._,-\ i,.. """-"~--"'---'--""""";~' i ¡ Ii ~/~:~ 'f~" :;~'~:>"~:~~~-~~~Lj~~~:;~¡----~~~~~_:::'_:)-~.,:~,"~-; ;!, lb,:, i 1..J.~\'+i\Ù,-".ir'è¡" ri'-"!¡"" ,"-t'if 'i"¡:~' r .~) v 'J. I, '- , ,-- ", -: , "I ,'~- -" --, " I .. ~ -' ¡ I' /'-"'\'i"í'-I~'- -: -. '...... -, .. ¡ _:~~¡,..!~~--~J- ~_i_- --~_..- -- -,- ~ -~ - - ..'~ ""':,~:-~,:= ~-,,~7\.~'~'~\S-~M~--; -.,c,';,..-",,; ".--~-"'- -.- .... '" . .. .., ' .- \.\" (\ '~ ,t<>':'I;ò Q \) -\'\\)~\"::' ...~\' .. ,,'I; ,p.. '\' ,:.,. - -, ..~\"",~\,,::,-'" \. . ~ :i,-- '-.', ,;:-,": ';'~ ~ , ;,' ¡' !, I .,If .. i, -,', ,-'" :; Î !fIJi, " ) ',#,..' ,I ! , , , : j h ~) ('Ii' , c;, \¡,: "A1 I,;, 'I'd 11 'n ¡,~ ~ /1; ¡ .. , .. !.lli{j~- -- -'i l(XÜSTGRÖVE -- -- _1--- ~ ! ; .. ì . IIII ::MUNITY DEVELOPMENT I _.._-_............._~..__.._----"..-. ...." ¡ "_'""',,:,,__----- ___n_-.. -- -¡r _J r"'", I INSIGHT - ¡ - ,.... ,~""," - '-'.0' ..,"'--"", I ~.~::":..-~_:::,~"Æ_~""'..""'~" '.. ---_u_------------------------ Casa Meridiana Exhibit A Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April II, 2006 Exhibit A2: Landscape Plan (L-l, stamped REVISED dated March 6,2005) :} I-H--;; i i ;;~-!-~T'I fiiiij'~"'IR'I~ìî I:~ 11,!!)'h¡tl¡ lllliJ'h~~I¡ lhll!i; IILIII,"!!I!"!i ñf! 'QIII,q:f, .' . ,/ I '11 , I, J, I. ii, '., il , ¡, I 'i ; I "I'" !I.' ,:'" ~ I I Jf " ~ III r I ,II It! I . II I :11 i i I I , qUill : " l I It¡q¡t - "------ J II! j i ! . , ,.1 ! f 0 ~ 0 h.. , , j , ,Iij 'p if Id,l,~ ',~ If If" , Hllfll" ¡i~ Iff 'I II~ Ii: I: s..&-- -- - --", ""..- ... "', .--- 11_r-.....,_',,-_'_-lr:-~1 -! -..---iì 1-~~:_.~..~.,-',-.G,'~.~"f.,Y,.O~-,.D,V,._-,E,E:'.'.~~-E,-,_'_--_L,'.OP~",,-,_.~,',-',-,--,",-_N,'"T__-:-,---'--,,---:1',.'--..-,'-',-.' I l=-llf4SIGHŸ~~.- . ".""'M'_"'.':: , 1 =-..:.. ' ' 1 - ., J ,'--:::=--"=-':::' : Casa Meridiana Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006 ExhibitA3: Elevations (A3.0, dated November 23,2005) ",c,-, c_"-"-'->""""'" ,-"".,' '" L"""",.. ",' ,-",r" :,:,0 ",-..' "'" ,,-,' -lw'l, :"', A~ T~. (..) "I I I Ii t \ / i I ~ t , I I T.. "ì "'] I ! I I : I I I It I ¡ q I , I 1 I I I i' I ! ) "~I I i I Ii I ¡ II I' 8 I I I ~ ~ ~'I: fi ! -'[' '1~~1' ~~JN~~L;;ENT--"r' , --~-~J"'-"""""~l- ~;;" I ,"';'~;;;';¡,;;G~;~-, ¡ t~ 1,1 I')",""" .~ ._-._.u.e.."".,,~.Do'.¿;¡;-;;;;_' " ---J,.,- JI ,~~AC~~~~,~,i~!-~ - " ..,,--- ""'~-, ,I -~:'::~--,,:,~-_':':'_~":~~-""'~' ,:~_",",,_~::.' Casa Meridiana Exhibit A Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11,2006 Exhibit B: Legal Description - Annexation Pmjccl , Dater Page: 05m!) November In, 2005 J of! BOUNDARY In;SCRJPTrON A paleel of land situated in the northwl.'n~t Yo of thc northwest y. of Sectioll29, Township 3 North, Range I East, Boise Meridian, Ada CIIUl1ty, Idaho, more pllrticularly described as follows: BEGINNING at the northwest comer of said Section 29, fiom which comer, the II. comer C()mmon to Sections 29 and 30 bears, S.OO'OO'24"E., 2645.69 feet; thcnce, along the north liue of said Section 29, I) 2) 8.89"49' I I "E.. 620.22 feet; IhCIlCC, along a line parallel with the wcstetly line oflJaid section, S.OO"OO'24"E.. 532.6] feet; thence, aIollg II line parallel with the northerly line ofsaid section. N.89"49'] I "W., 620.22 feet to a point on the westerly line of said section; thence, along said westerly lino, N.OO'OO'24"W., 532.61 feet to the POINT OF BEGINNING. 3) 4) SAID PAR(';EL colltairúng 7.58 acres, more or less. SUBJECT TO, all Covenants, Rights, Righbl-of- Way, Easements of Record, and Encumbrances. EXIUBIT "B" attached, and by this tcfereuce, made Il part hereof C:\'RR\I)SOO!/'Bound.ry En"""doc Casa Meridiana Exhibit B Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Aprilll, 2006 f-- ,m..,.__,." , "-'", -_..",--- ""--'"'-"-'~---,- ,. ~ ~~ W ci ~~~ u..WO 00- ~ v~Ö :-:- "ð ~~-: ~ ~~~ ¡...... I"}Õ~ /"'r"'I ~o..UO ~ -0 53 lif .......... en .0 ~ ccn¡¡;: ~ ~~~ u..2w OO!!? ...Jm~ ILl Uu.. ~o IJ... 0:( .. .... .. .. "'-'--'-',", Casa Meridiana Exhibit B Page 2 ---""""-'----"- ö t5 A. ~9 ...... --of ~ ;¡¡ "1 ~ òd Ii íoJ 10 ~~ ¡~ "0 . II< I ' Ji* î ~~ i Sg ~ m== I IX: a U <D , ~ g q) ¡.i --~-~~ --1 ~I I a~! ffi Iii ! ~ ¡ I ~ ~ I I ¡¡¡ ~ --..:. -- m., =- i Oil ~ .60'g¡.Ot - -=;;too.oos ... avOH tiOHfJ J.Slt)O'Y 'S 8 .... 8 '" 0 0 0 .f CD "--'-"--'~-----,-,-'"-'"_..,'"----"'--,.,'". '""'-'------- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006 (¡)'l¡ . ADA COUJ1fY RfCOAOEfl J. DAVID H4VAßRO IOISE IDAHO 02111105 12:2.t PM DepUTY Boonle OÌlerb /lig fI&iORDeO,.,f!EQUm OF Till! One Af'ìOUU( ~Jli III IIHlfJllllfJllJlflllllllJ1/ 1/111 105917<136 Order No., AO5J6659 WARRANTY DE¡;;O Ii"OR VA LHE RECEIVED, (he reCOlp( and sufficiency of whiçh are hereby acknrwik-dged, RUSSELL Y. LIDDELL, an unmanied man, dealing with his ~ole IInd separate pt.operly, the "Grantor," dO(:S heteby grant, bargain sell and convey "l1to OAAS LANEY. LLC, an Idal\(} limited liability company. whose Current address is 519 W, Front SlJ"; et, Boise, ID 83702. the "Grantee." the folloWing describ~d premises, in Ada Counry, Idaho, TO WIT: Beginning at the Nðrthwest comer of the Northwest Quarter of the Northwest Quart:r of Senior¡ 29, ToWl1!hip 3 North, Range 1 East. Boise Meridian, Ada County, Idaho which ""inl will be known as thl' REAL POINT OF BEGINNING; thence South 89°49' EMt 620.22 f"et along the Northern boundary of said Northwcsi Quarter of the NOrthwest Quarter of said S"cl;on 29 to II point; thence dul' S<mth S32.61 fMt along a line parallel to the W"~terly boundary of said Northwest QUarter of the Northwest Quarter of said Section 29 to a point; thence North 89°49' West 620.22 feet along 8 line paral/!!) to jhe said Northern boundary to a point on saíd We.tOIn boundary; thence Northerly 532.61 fe:(:1 along said Western boundary to the REAL POINT OF BEGINNING. EXCEPT the followlog parcel: B!!ginoing at tb" NorthwØlit corner of the Northwest Quarter oftbe Northwest Quarter of Section 29, Township 3 North, Range I East. Bois" Meridian, Ada County, Idaho; thellCe South 89°49' &..t 390.22 (ØÐt along tho Northern boundary of said Northwest Quarter of the Northwest Quarter of said Section 29 (0 a point, which point will be known as the REAL POINT OF BEGINNINO; th"nce Sollth 89.49' East 188 fuet along the Northern boundary of said Northwest Quarter of the Nott/lwest Qu!I1"mr of said Section 29 to a point; thence due SolJlh 167 feet along a line parallel to the Westerly boundary of said NOrthwest Quarter oftbe Nortllwest Quarter of said Section 29 to II point; thence North 89°49' West 188 fe"t along a Jine paI'Qllelto the said Northern boundary to a point; tho"c" Northerly 167 feet along a line parallel to the Westerly boundary of said Northwl)St Quarter of the Northwest Quarter of said S"ction 2910 said North"fn bound.1)' of said Northwest Qu/lrter of the Northwest Quarter of &!lid Section 29 to the REAL POINT OF VICTORY RESIDENCE PROPERTY BEGINNING. ËIJ 39t'd ~Tl ,,'<;N i ,NlilJ 1I;"I;r,rÞRCl7 "G :.c, ","':,,¡U/T7 Casa Meridiana Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Aprilll, 2006 ;"0 3'.I\1d Casa Meridiana Exhibit B Page 4 TO HA VI; AND TO HOLD ¡he ,;aid Ph"";,'"', \< itll tI,,'ir appllr1CrIa.l1ee. U"'o the said Grantte, hejrs and "ssign~ í-ol'~,ver. Said O,"nIOI does h",~bJ e,-,wnant to and with Ihe ~~id Grantee, that he h the owner in tè(>. !;impJe of said prenli,~>; rho! they are free from "If ~"'eUIIIl>l'ance> EXCEPI t!Jose encumbrances 5'" faith on Exhibit A attached hel'~l(\ and made a part he "~or. 10 which this conveyance is MpressJy "",de subjeC1, aud those made, sufferc,d or (it"", by tho GrJlnlee; and $ubject to all existlllg p"tcn.t reS~l'v"lion$, casements, right(s) of "'¡¡y, protective covenants. zoning ordinances, ¡IUd "ppheabJc bl-dlding codes, laws and regulations, general t.1xes and "ssessments, including irrÎ~ation and utility casemenlS (if any) for the current year, whi'eb SIC nvl due and payable, mId tbal Granlor willwaflant and ddend Ihe S8me from all lawful clahus whatsoevet. D Slale of Idaho County of Ada On IhiSLR!.I~f February, 2005, befoRl me, the undersigned. 8 Notary Public, persOIlally appeared Russell 'v. Liddon, known to me or proven to me on the bllSÌs 0 f S81isfactory evidence to be the penon whose n e I bserjb<',d 10 Ih~ within instrument and acknowledged to me that he executed C Inc. -I. """" "'" "".'~9-À~ Itl.~~ l'<.i~~ (--I,;' ~o'tMt' "'" , -.-- ". j - .. ..." ~ PU11o" ~ \~~Ë¡;¡ :t/ , ""..,."..",.., Notary Public R!!siding at 4--Q¡~... My eommiuion expires: , o/S ¡; I> :)"1"1 ,\ 11 ltil s\ivn ¿ f,!,bblpS>Ji': ~" CST "IJD¡;¡ [1;111 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April!!, 2006 C. Conditions of Approval 1. Planning Department SITE SPECIFIC REQUIREMENTS- (Casa Meridiana) 1.1.1 1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 1.1.7 1.1.8 The site plan labeled as AS.1 prepared by Insight Architects, dated revised March 6, 2006, shall be redesigned (if required) as detailed by the conditions listed herein and the comments received at the March 16, 2006 hearing. The applicant shall complete conditions of approval 1.1.3 and 1.1.4 and submit the required copies to the Planning Department a minimum of 10 days prior to the scheduled City Council hearing. The landscape plan prepared by Insight Architects, labeled Sheet L-l, is not approved with these applications. A landscape plan consistent with UDC 1I-3B shall be submitted with the amended site plan which reflects any redesign required of the subdivision consistent with the hearing date of March 16, 2006. The following should be included in a revised landscape plan: . The applicant shall certify that one tree per 8,000 square feet of lawn has been provided, exclusive of Rights of Way. The applicant shall certify on the landscape plan that a minimum of 5% square footage of the site is provided as open space, exclusive of required landscape buffers. All interior private street landscape trees shall be Class II trees, consistent with parkway standards. 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. . . . The site design shall be amended to meet the following multiuse residential standards: . The applicant shall provide a 20x20 parking pad for all units. UDC 11-3C-6 . The fencing plan shall show all common space separated from Victory Road and Locust Grove Road by a minimum of a four foot barrier. UDC 11-4.3.27-C.4 . All units, including overhangs shall be shown outside of required landscape buffers. Units may encroach into setbacks as allowed by UDC lI-2A-3D The applicant shall contact ACHD to determine that the private roads are not deemed a competing road system. The applicant shall certify on ACHD letterhead that this finding can be met prior to the City Council hearing. The applicant shall detail the groundwater monitoring in this area. As high groundwater may affect the required drainage and construction standards of the City of Meridian. A detailed fencing plan shall be submitted consistent with the site plan dated January 18, 2006 for clearer definition of fencing along the perimeter of the subdivision. The applicant is not proposing a fence along Locust Grove and Victory Roads, however all common open space may require fencing to provide a barrier as required by UDC 11-4.3.27-C.4. Prior to issuance of any certificate of occupancy the perimeter landscaping and fencing shall be installed or a surety agreement shall be in place. Construction or bonding for the multi-use pathway shall also be completed prior to issuance of any certificate of occupancy for Casa Meridiana. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 1],2006 1.1.9 1.1.10 1.1.11 1.1.12 1.1.13 1.1.14 1.1.15 1.1.16 1.1.17 Maintenance of all common areas shall be the responsibility of the Cas a Meridiana BusinesslHome Owners Association(s). The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-II for all common areas and street lighting. Comply with UDC 11-3A-12 regarding a screen for the refuse/service area. No iITigation pump station or facility is shown on the Site Plan. However, if one is proposed for the site, it must be located outside of any required street buffer. Impervious surfaces are prohibited in said buffers. Provide cross access/cross parking agreement(s) for all lots in Casa Meridiana Subdivision. All cross access drive aisles shall only approach the ACHD approved points of access to the public street system. Maintenance of the aisle and parking areas shall be provided for in a note on the face of the final plat, AND/OR in a document such as CCR's. Other than the points of access approved by ACHD, direct lot access to public roads are prohibited. 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 Envirorunental Protection Agency. 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 1.1.18 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.1.19 1.1.20 1.1.21 1.1.22 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 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. 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 11-3A-I8. 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. The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building pennit. All fencing should be installed in accordance with City Code. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 2.4 2.5 2.6 2.7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006 1.1.23 All iITigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled, unless otherwise approved by the lITigation District(s). Plans will need to be approved by the appropriate inigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. Staff's failure to cite specific ordinance provisions or tenns of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.1.25 Conditional Use approval shall be subject to the expiration provisions set forth in UDC 11-5. 2. Public Works Department 1.1.24 2.1 Sanitary sewer service to this development is being proposed via extension mains in Victory Road. The applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard fonns 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 S. Locust Grove road and Victory Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. A second water connection in S. Locust Grove Road may be required to achieve adequate fITe flows, decision will be made at the time of construction plan review. No sewer manholes or water valves shall be allowed in the landscape islands in the cul-de~sacs. If water or sewer mains are to be routed under the landscape islands then no tress shall be allowed in the islands. 2.2 2.3 The applicant shall be responsible for confonnance with any and all regulations of the U.S. Anny Corps of Engineers regarding developing in or near classified wetlands. The applicant shall submit all approval letters to the Public Works Department for review. In discussions with the applicant's engineer they have indicated that they may employ ACHD's road side swale design to dispose ofstonn drainage. Ifthis is the case the applicant's engineer shall be responsible for inspection of the facility, and shall be required to submit a stamped signed document stating that the swale was installed per design prior to certificate of occupancy for each building. Due to relatively high existing groundwater levels, applicant shall submit a Master Grading and Drainage plan as part of the development plans to be submitted with each phase of this development. The Master Grading and Drainage plan shall include at a minimum the following: a. Groundwater contours for this development at peak seasonal high depth. b. Finish floor elevation for all houses in this development. c. Elevation of crawl space for all houses in this development. d. Finish grade elevation at each lot comer. e. Drainage flow patterns on all lots. If structural fill is to be placed on any lot, material specifications and compaction requirements 2.12 2.13 2.14 2.15 2.16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11,2006 2.8 2.9 shall be detailed and submitted to Public Works and the Building Department. If sIab-on-grade construction is utilized in conjunction with typical footings, builders of each lot shall comply with all requirements contained in the International Building Code regarding slab- onwgrade construction. The builder of each lot shall provide fill material gradation certification and a minimum of one compaction testing report per 500 square feet of first floor area (including garage) and provide such reports to the Meridian Building Department prior to commencement of any framing. The Master Grading and Drainage Plan must be approved by the Public Works Department prior to overall plan approval. Builders must provide finish floor and crawl space elevation certification for each house prior to issuance of certificate of occupancy. Send updated groundwater report concurrent with construction plan submittal. 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). The easements shall be recorded as a separate document using the City of Meridian's standard fonns. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 2.10 Prior to building pennits the applicant shall submit a recorded document to the Public Works Department, that details ownership and maintenance of the private streets. 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. The reason for this is to attempt to ensure that the bottom elevation of the crawl spaces of homes is at least Iwfoot above that groundwater elevation. The applicant has indicated the pressure iITigation system in this proposed development is to be an extension of the system in the Tuscany Development to the south. It shall be the responsibility of the developer to acquire the necessary easements to extend the system to this development. A letter of plan approval fonn Nampa and Meridian Irrigation District shall be submitted prior to scheduling of a pre-construction meeting. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC ] 1-3A-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 cormection to the culinary water system shall be required. If a single-point cormection 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. 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 nonw domestic purposes such as landscape iITigation. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11 w3A-6. Plans shall be approved by the appropriate iaigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to issuance of building pennits. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stonn water 2.11 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 Permitting that may be required by the Anny Corps of Engineers. 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. 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 pennit from the Public Works Department prior to commencing installations. 3. Meridian Fire Department 2.20 2.21 2.22 2.23 2.24 2.25 3.1 3.2 3.3 ",. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Aprilll, 2006 2.17 treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Sto1111 Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, and road base approved prior to applying for building pennits. All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.18 2.19 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. 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. Final Approval of the fITe hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 71" 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 spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers when spacing pennits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11,2006 g. Fire hydrants shall be place 18" above fmish grade. h. Fire hydrants shall be provided to meet the requirements ofthe!FC Section 509.5. i. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 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. 3.5 For all Fire Lanes, provide signage "No Parking Fire Lane" 3.6 Operational fIfe hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 The proposed 32-unit subdivision with an estimated 2.9 residents per household would have a total estimated population of 100 residents at build out. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. 3.9 Provide a Knox box entry system for the complex prior to occupancy. 3.10 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. 3.11 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the futernational Fire Code. 3.12 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. 3.13 Provide exterior egress lighting as required by the futernational Building & Fire Codes. 3.14 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). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. 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). 3.15 This project will be required to provide a 20' wide swing or rolling emergency access gate. The gate shall be equipped with a Knox box Padlock which has to be ordered thru the Meridian Fire Department. 3.16 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.17 Pool chemicals shall be stored in compliance with the futernational Fire Code. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April I!, 2006 4. 4.1 Police Department The Prior to release of building pennits, the applicant shall submit a parking plan for all off-street parking in the multi-family development to the Planning and Zoning Department. All parking spaces shall be assigned to a specific dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units The proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 4.3 s. 5.1 Parks Department Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance II-3B will be followed. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance 5.2 6. 6.1 Sanitary Service Company Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. ACHD -NOT REVISED based on the March 6, 2006 revised site plan. When received ACHD amended conditions of approval shall also be considered conditions of approval for this report. Site Specific Conditions of Approval 7.1 7.2 7.3 7.4 7.5 Dedicate 35-feet of right-of-way from the centerline of Victory Road abutting the parcel by means of recordation of a fmal subdivision plat or execution of a waITanty deed prior to 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 will not be compensated for this additional right-of-way because Victory Road is classified as a collector roadway and is to be brought to adopted standards by the developers of abutting properties. Dedicate 35-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a waITanty deed prior to 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 will not be compensated for this additional right-of-way because Locust Grove Road is classified as a collector roadway and is to be brought to adopted standards by the developers of abutting properties Construct Victory Road as one half of a 46-foot street section with vertical curb, gutter and a 5- foot detached (or 7-foot attached) concrete sidewalk. Construct Locust Grove Road as one half of a 46-foot street section with vertical curb, gutter and a 5-foot detached (or 7-foot attached) concrete sidewalk. Construct a 26-foot wide private road that intersects Victory Road approximately 92-feet west of the east property line, as proposed. Pave the private roadway a minimum of 20 to 24-feet wide 7.14 7.15 7.16 7.17 7.18 7.19 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11,2006 and at least 30-feet into the site beyond the edge of pavement of Victory Road and installl5-foot curb radii abutting the existing roadway edge. 7.6 Construct a 26-foot wide private road that intersects Locust Grove Road approximately 90-feet north of the south property line, as proposed. Pave the private roadway a minimum of 20 to 24~ feet wide and at least 30-feet into the site beyond the edge of pavement of Locust Grove Road and instalI15-foot curb radii abutting the existing roadway edge. 7.7 Provide a minimum of 50-feet of storage from the edge of pavement of Victory Road and Locust Grove to the proposed gate. 7.8 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.9 Any existing irogation facilities shall be relocated outside of the right-of-way. 7.10 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of.way. 7.11 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.12 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.13 Comply with the District's Tree Planter Width futerim Policy. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with fùe numbers) for details. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pennits), which incorporates any required design changes. Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District hnpact Fee Ordinance. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April!], 2006 Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.20 No change in the tenns and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinnation of any change from the Ada County Highway District. 7.21 Any change by the applicant in the planned use of the property which is the subject oftms application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subj ect property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April II, 2006 Exhibit D. Required Findings from Zoning Ordinance UDC ll-5B-3E. AnnexationlRezone Findings: The commission and council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R-I5. Staff finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. ill Chapter VII of the Comprehensive Plan, 'medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre. The Council finds that the requested residential zoning designation, R-15, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the SE comer of Locust Grove and Victory Roads to be "Medium Density Residential". The density proposed with the multifamily development is consistent with previous Commission and Council actions and generally confonns to the goals, objectives, and action items contained in the Comprehensive Plan for single family residential developments in a medium density residential neighborhood. The proposed density also is consistent with surrounding developments. The Council fmds that the proposed zoning is in general confonnance with the comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary that proposes single family residential products on a single lot for the subject site (CUP-05-060) which qualifies as a multifamily development. The Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying CUP application is approved. The Council fmds that the various proposed residential uses would be allowed (permitted) within the requested R-15 zone with conditional approval and subject to the specific use multifamily standards. The site is being proposed as one product of medium density residential and upon build out staff would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has submitted elevations for the proposed residential units and has agreed to use the design guidelines for multifamily projects when designing building facades. The submitted designs are consistent with the design criteria listed in the specific use standards for multifamily developments. The Council finds that the proposed R-I5 zone with the proposed residential uses, if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character of the vicinity. The site is intended for residential uses which, based on the Comprehensive Plan description, includes multifamily/condominium developments. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April!!, 2006 The Council finds that the proposed development will change the existing character of the area, which is largely urbanizing. ACHD has commented that this project may impede future surrounding developments to the south and east of the site and the internal private street system may not be in the best interests of the City of Meridian. The Council finds that the applicant should consider redesigning the proj ect to accommodate better interconnectivity (allowing the adjacent parcels to have public road access to Locust Grove and Victory Roads) of the four parcels lying in the south east comer of Locust Grove and Victory Roads. The Commission and Council rely on public testimony (oral and written) to detennine whether or not the proposed use will be disturbing or hazardous to the existing or future neighboring uses. The Council does not anticipate that the proposed uses will be disturbing to future or existing neighbors as the presented design will severely limit the interconnectivity to the east and south. Further, the Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions of revision contained in Exhibit C and all City Code provisions. 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 applicant will be responsible for the extension of all utilities necessary to serve this proposed development. The applicant will be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Staff finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. On February 10, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff fmds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. The Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. E. The annexation is in the best of interest of the City (UDC 11-5B-3E). The Council fmds that the annexation and zoning ofthis property to R-15 with the proposed multifamilv design. subject to the conditions of apProvaL would be in the best interest of the Citv. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April II, 2006 Conditional Use Findings UDC 11-5B-6E 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 fmd evidence presented at the hearing(s) is adequate to establish: 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 6.9 acres and is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. 2. 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 proposed residential uses meets the objectives of the Comprehensive Plan as listed in Section 7 of this report. Some of the standards ofthe UDC are not currently being shown by the applicant's site plan and building elevations. Specifically, the site plan needs to reflect intercolUlectivity desired by ACHD and the City of Meridian. If the applicant makes these changes, this rIDding will be met. 3. 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 Council fmds that the proposed residential uses complies with the uses pennitted in the R- 15 zone and those uses are consistent with the single family development ofthe general area. The building height, parking layout, landscape buffer widths and other dimensional standards shown in the application generally comply with the UDc. The applicant will be required to construct the proposed landscape buffers on Locust Grove and Victory Roads. 4. 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 fmds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all CUP/AZ conditions and constructs all improvements and operates the use in accordance with the UDC standards. Traffic volumes will significantly increase. However, ACHD has reviewed the amended application and the Council anticipates special conditions to be placed on the applicant based on the Memo dated March 22, 2006. These standards may include dedication, lighting, screening, landscaping and other areas intended to mitigate potentially hannful effects. 5. 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. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April!!, 2006 The Council finds that sanitary sewer, domestic water and ilTigation are available to the subject property. All other agencies have made comment that services are available to the proposed use. 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. The Council [lids 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. 7. 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 recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, the Council does not believe that the amount generated will be detrimental to the general welfare of the public. 8. 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 applicant will be required to comply with all state and local ordinances regarding conveyance of water and maintaining historic points of access. The Ada County Historic Preservation Council's Site Inventory does not show any structures or places listed for the subject property. The Council is unaware of any other scenic or historic features. Private Street - UDC 11-3F-5 A. The Design of the private street meets the requirements of this Article; The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11- 3F-4, no gates are allowed. Roadway and storm drainage shall be contained on site. The street width shall be a minimum of 24 feet of paved surface for all private streets other than alleys. The CUITent request continues for a gated site which is not consistent with these standards, however the applicants revised drawing of March 6, 2006 does not show gates on the site plan as required. 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 The Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are installed and maintained as designed. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Aprill!, 2006 ACHD has made comment on the proposed interconnectivity. The applicant shall contact ACHD to make the finding that this is not a competing road system to the public roads.