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HomeMy WebLinkAboutSundance Sub No. 5 CUP May 1, 2006 MERIDIAN PLANNING & ZONING MEETING CUP 06-011 May 4, 2006 ITEM NO. 6 APPLICANT Dave Evans Construction REQUEST Continued Public Hearing from April 20, 2006: Modify previous conditional use permit for a Planned Development (CUP 01-026) by adding additional office lots, changing building & parking layout & allowing potential drive-thru sites for Sundance Subdivision NO.5 - NEC Ustick &Meridia AGENCY COMMENTS CITY CLERK: CITY ENGINEER: Refer to Previous Item Packet / See Minutes in Al Packet CITY PLANNING lJlRI:Cl OR: CITY ATTORNEY ac..cI(Y\~ A-pp~ ~C\u CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the Cify of Meridian. Meridian Planning & Zoning April 20, 2006 Page 85 of 88 Moe: Second. Rohm: It's been moved and seconded that we approve CUP 06-010, to include all staff comments with the modifications as presented. All those in favor say aye. All opposed same sign? Motion carried. Thank you very much. MOTION CARRIED: ALL AYES. Item 19: Item 20: Item 21: Public Hearing: RZ 06.001 Request for a Rezone of 5.40 acres from R- 8 to L-O (Limited Office) for Sundance Subdivision NO.5 by Dave Evans Construction - northeast corner of Ustick Road and Meridian Road: Public Hearing: PP 06.014 Request for Preliminary Plat approval of 12 commercial lots on 3.77 acres in a proposed L-Q zone for Sundance Subdivision No. 5 by Dave Evans Construction - northeast corner of Ustick Road and Meridian Road: Public Hearing: CUP 06.011 Request to modify the previous Conditional Use Permit for a Planned Development (CUP 01-026) by adding additional office lots, changing building and parking layout and allowing potential drive through sites for Sundance Subdivision No.5 by Dave Evans Construction - northeast corner of Ustick Road and Meridian Road: Rohm: Okay. Commissioner Newton-Huckabay, you're on. Baird: Item 19 and -- Newton-Huckabay: I'm going to do it? Okay. Rohm: She's going to do them. Baird: Good. Newton-Huckabay: Okay. Mr. Chair, 1-- Zaremba: You have to open them first. Rohm: Oh. Excuse me. I will open and, then, you can move to -- at this time I'd like to open the Public Hearing on RZ 06-001, PP 06-014 and CUP 06-011, for the sole purpose of continuing it to the regularly scheduled meeting of May 4th, 2006- Moe: So moved. Rohm: It's been moved. CITY OF MERIDIAN PUBLIC HEARING SIGN..UP SHEET May 4, 2006 ITEM # 4, 5 & 6 DATE PROJECT NUMBER RZ 06-010, PP 06-014, CUP 06-011 PROJECT NAME Sundance Subdivision No.5 NAME (PLEASE PRINT) FOR AGAINST NEUTRAL . - RECEIVED MAY - 4 2006 city of Meridian ..... ...... ~- . lTV I 1f1'11'~ . CUP 06-011 MERIDIAN PLANNING & ZONING MEETING APPLICANT Dave Evans Construction April 20, 2006 ITEM NO. 21 REQUEST Modify previous conditional use permit for a Planned Development (CUP 01-026) by adding additional office lots, changing building and parking layout and allowing potential drive-through sites for Sundance Subdivision NO.5 - NEC Ustick &Meridian Rd. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Staff Comments in Al Packet CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ~ ~~ ~~~ ~'i;\)\ ~ CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment ClI y PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: See Comments in Al Packet CENTR^L DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the Cify of Meridian. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 STAFF REPORT TO: FROM: SUBJECT: :l=D;I~~:~~:SSion cUo;;di~~' ,. l,),\W.< ~~ C. Caleb Hood, Current Planning Manager <~-f;',~,:,~,.,... '_.:.o,,::'~'l\tj/:~:_;i .~- ":J -, ;,', Sundance Subdivision Commercial Addition~~~ ;,~_"'-_.,. .'. ,.:i:~j .1 · RZ-06~OO 1 Rezone of 5.40 acres from R-8 to L-O (Limited Office) . PP-06-014 Preliminary Plat approval of 12 commercial building lots on 3.77 acres in a proposed LwO zone . CUP-06-011 . _ '" "'! 'H. Conditional Use Permit approval to modify a previously approved application (CUP-O 1-026) by adding additional office lots, changing building and parking layout and allowing potential drive-through sites . MI-06-001 Miscellaneous Application to modify the recorded development agreement for Sundance Subdivision 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dave Evans Construction, has applied for a Rezone (RZ) of 5.40 acres from Rw8 (Medium Density Residential) to L-O (Limited Office); Preliminary Plat (PP) approval of 12 commercial (office) building lots; and Conditional Use Permit (CUP) approval to modify CUP~01-026 by adding 8 additional building lots, changing the building and parking layout, and allowing potential drive-throughs. The applicant has also concurrently submitted a Miscellaneous Application (M!) to modify the recorded development agreement for Sundance Subdivision; an Alternative Compliance (ALT) application to reduce the required 20-foot wide landscape buffer along the north and east sides of the property (adjacent to residential); and a Vacation (V AC) application to vacate recorded public utility, drainage and irrigation easements. The MI, AL T and V AC application do not require Commlf;!';ion action. However, staff has included analysis for these applications within the subject staff report. Except for the Vacation (V AC) application, the subject applications are being combined into one staff report. To approve the RZ, PP and cur applications as proposed, the MI, AL T and V AC applications must also be approved. Except for the vacation application, the Commission should make recommendations to the Council on all of the subject applications. The subject property is within the corporate boundaries of the City of Meridian and is within the Urban Service Planning Area. NOTE: The applicant's submittal letter references retail uses on this site. Staff has contacted the applicant's representative at Toothman-Orton Engineering (Tim Mokwa) and clarified that retail uses are not being proposed; retail/commercial uses are not allowed in the requested L-O zone. 2. SUMMARY RECOMMENDATION The subject applications (RZ, PP and CUP as well as the MI, AL T, and V AC applications) were submitted to the Planning DeparLmt:nt for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested applications. Staff is recommending approval of the proposed Sundance Subdivision Commercial Addition (RZ-06-001. PP-06-0014. cur~ 06-011 and MI~06-001) with the conditions listed in Exhibit B of the Staff Report. Sundance Subdivisiun Commercial Addition - RZ-06-00l, PP-U6-0l4, CUP-06-011, MI-06-001 PAGEl CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Numbers RZ-06-001, PP-06-014 and CUP-06-011 as presented in the staff report for the hearing date of April 20, 2006, and the Preliminary Plat labeled Sheet 1 of 1, dated January 2006 (revised 3-1 ~06), and the Site/Landscape Plan labeled Sheet 1 of 1, dated January 2006 (revised 3-1-06) 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 recommend denial to the City Council of File Numbers RZ-06-001, PP-06-014 and CUP-06-01l as presented in the staff report for the hearing date of April 20, 2006, for the following reasons: (you should state specific reasons for denial.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers RZ-06-001, PP-06-014 and CUP-06-011 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Northeast comer of Us tick Road and Meridian Road; Lots 21, 22, 25 and 26, Block 7, Sundance Subdivision #3; Section 31, T4N, RIB b. Owners: Gary L. Voigt 71908 Jennie Lee Drive Idaho Falls, ill 83405 c. Applicant: Dave Evans Construction 5561 N. Glenwood Street Boise, ill 83714 d. Representative: Tim Mokwa, Toothman-Orton Engineering e. Proposed Zoning: L-O f. Present Comprehensive Plan Designation: Office g. Description of Applicant's Request: 1. Date ofPrdiminary Plat (attached in Exhibit A): January 2006 (revised 3-1-06) 2. Date of Site/Landscape Plan (attached in Exhibit A): January 2006 (revised 3-1 -06) 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as detennined by City Ordinance. By reason afthe provisions ofUDC Title 11 Chapter 5, a public hearing is required before the City Council on tbis matter. SUlldllUl<l: Subdivision Commercial Addition - RZ-06-001, PP-06-014, CUP-06-011, MI-06-001. PAGE 2 CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARfNG DATE OF APRIL 20,2006 b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions ofUDC Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use as detennined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. d. Miscellaneous applications are not currently addressed in Title 11 of the Meridian City Code. n has been determined by the City's Legal Department that a miscellaneous application to amend a n:corded development agreement will in fact require a public hearing before the City Council. e. Nt:wspaper notifications published on: April 3 and 17,2006 f. Radius notices mailed to properties within 300 feet on: March 24, 2006 g. Applicant posted notice on site by: April 10, 2006 6. LAND USE a. Existing Land Use(s): Vacant land b. Description of Character of Surrounding Area: The property sits on the northeast comer of Ustick Road and Meridian Road, which are both major roadways in the area and cany large amounts of vehicular traffic. The properties to the north and east have been plalled and developed with single-family residential lots within Sundance Subdivision. To the west, across Meridian Road, is a City Park. To the south, across Ustick Road, is Eastbrook Subdivision. This area has rapidly transitioned from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family, Sundance Subdivision, zoned R~8. 2. East: Single-family, Sundance Subdivision, zoned R-S. 3. South: Single-family, Eastbrook Subdivision, zoned R6 (Ada County). 4. West: Settlers Park, zoned L-O. d. History of Previous Actions: This site was annexed and approved for office uses as part of the Sundance planned development in 2001. That approval included four office building lots. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is currently sewcr installed to service the already platted four lots. Location of water: There is currently a water main th.at bisects this property. Issues or concerns: None. Z. Vegetation: The landscape street buffers along Meridian Road and Ustick Road have been installed around this site. 3. Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None known. SUllIlam:e Subdivision Commercial Addition - RZ-06-001, PP-06-014, CUP-06-0l1, MI-06-001 PAGE 3 CITY Of MERlDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20,2006 6. Proposed Zoning: L-O 7_ Size of Property: 5.40 acres (including right-of-way); 3.77 acres (excluding right-of- way) f Subdivision Plat Information: 1. Residential Lots: 0 2. Non-residential Lots: 12 3. Total Building Lots: 12 4. Conunon Lots: 0 5. Other Lots: N/A 6. Total Lots: 12 7. Open Lots: 0 g. Landscaping 1. Width of street buffer(s): buffers exist. 25 feet on Ustick Road and Meridian Road. These landscape 2. Width ofbuffer(s) between land uses: 20 feet to residential. NOTE: The applicant has requested alternative compliance approval to the standard 20 foot landscape buffer width, at the driveway locations to Ustick Road and Meridian Road. Please see the Analysis section below. 3. Percentage of site as open space: 19% of the site will he landscaped; open space is not required. h. Proposed and Required Non.Residential Setbacks: per the L-O zone L-O Standard Front 20 feet Side 10 feet Rear 20 feet Max. Building Height 35 feet Min. Lot Size None Min. Street Frontage None i. Sununary ofPrupused Streets and/or Access (private, public, common drive, etc.): The access to the development is proposed from driveways located at the northwest and southeast comers of the development. These propoRed driveways access Meridian Road and Ustick Road. A private commercial drive aisle will provide traffic circulation through the site. There is an existing stub street from the east, Santiago Court, that the applicant is not proposing to use for vehi\,;ular access. See Analysis below. 7. COMMENTS MEETING On March 31, 2006 Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. Sundance Subdivbiun Commercial Addition - RZ-06-001, PP-06-014, CUP-06-011, MI-06-001 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Office" on the Compn:hensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, 'office' is defined as areas providing opportunities for low-impact business. Uses would include offices, technology and resource centers; ancillary commercial uses may be considered. Staff finds that the requested zoning designation, L.O, is harmonious with and in accordance with the 2002 Comprehensive Plan and the Future Land Use Map, which designates the land to be "office" . Staff also finds the following 2002 Comprehensive Plan text policies to be applicabk to this application (staff analysis is in italics below policy): . "Permit new. . . commercial development only where urban services can be reasonably provided at the time offmal approval and development is contiguous to the City." (Chapter N, Goal I, Obj. A, ff6) The site is currently annexed and services are provided to thi... site_ . "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Obj. D, #5) The landscape street buffers adjacent to U'Itick Road and Meridian Road have been installed. Staff has included conditions for additional landscaping within this report. . "Consider' Accommodating Bicycle and Pedestrian Travel: A Recommended Approach' from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Ohj_ A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstnJ.ction projects, in a manner that is safe, accessible and convenient. The applicant will be required to construct 5-foot wide internal sidewalks. The applicant is also proposing to provide pedestrian access tolfi-om the side:walk on Santiago Court. . "Plan for a variety of conunercial and retail opportunities within the Impact Area_" (Chapter VII, Goal I, Objective B) Staff believes that the proposed L-O zone cuntributes lO the variety of uses in this area, as envisioned with the Comprehensive Plan. . "Require screening and buffering of conunercial.and industrial properties and residential use with transitional zoning." (Chapter VII, Goal IV, Obj. A, #6) The applicant is proposing to construct landscape screening/bufferingfor the existing single~ family uses to the north and east. The Landscape Ordinance requires a minimum buffer width of 20-feet between single-family residences and office uses. The applicant has applied for alternative compliance to this requirement. See Landscaping in the Preliminary Plat Analysis be/ow. . "Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged" (Chapter VII, pg. 98) Sundance Subdivision Commercial Addition - RZ-06-00l, PP-06-014, CUP-06-0ll, MI-06-001 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20,2006 The L-Q zone is considered a transitional zone between residential and commercial uses. · "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow." (Chapter VI, Goal II, Objective A, Action 6) There is an existing stub street, Santiago Court, provided at the eastern property boundary. To enhance connectivity and allow traffic toflow better, staffrecommends that Santiugu Court be extended into the property. See Analysis below for more details. · "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The applicant is proposing access points to Ustick Road and Meridian Road, both arterial streets. With the platting of Sundance Subdivision No.3. direct lot access to Ustick Road for this site was prohibited (NOTE: Staff believes that this was an error on the part of the firm preparing the plat. Staff can find no prohibitions on access to Ustick Road.) With the review and approval of the Sundance Subdivision development the ACHD approved an access to Meridian Road, at the north property line, and an access at the east property line to Ustick Road. Staff recommends that the applicant be allowed one access to Ustick Road and one access to Meridian Road. However, to limit access points to arterial streets if they become problematic in the fitture (e.g. - there are multiple accidents), staff recommends that the applicant also tie into the stub street to the east, Santiago Court. .(f ACHD determines that the access to Ustick Road is notfunctioning efficiently, it may be closed. See Access in the Preliminary Plat Analysis below. Staff believes that the proposed zoning and office uses for this property are appropriate. Staff recommends that the Cummission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists office as a pennitted use in the L-O zone. The Planned Development allowed for office uses in the R-4 zone as of the previous approval under the Meridian City Code. b. Purpose Statement of Zone: The purpose ofthe Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE ANALYSIS: 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 office development. In fact, this area has been previously approved for oftlce uses (AZ-OI-OI2 and CUP-OI-026). Staff believes the rezone is a clean-up of the previously approved office uses on this site. Please see Exhibit D for detailed analysis of facts and findings. Sundancc Subdivision Cummercial Addition - RZ-06-001, PP-U6-014, GUP-06-011, MI-06-001 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 The rezone legal description submitted with the application (prepared on February 1, 2006 by Steven J. Frisbie, PLS) shows the property as within the existing corporate boundary of the City of Meridian. MISCELLANEOUS APPLICATION ANALYIS: UDC 11-5B-3.D.2 and Idaho Code ~ 65- 6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. In March of 2002, G.L. Voigt Development (Developer) and McBimey Property Trust (Owner), previously entered into a development agreement with the City ,and Dave Evans Construction (current developer) is requesting that certain sections of said recorded development agreement be modified to reflect the proposal to construct additional office buildings and possibly twu urive-throughs. The development agreement for this property was record on May 16, 2002 as Instrument No. 102056126. Staff is generally supportive of the applicant's request. However, staff does not support commercial/retail uses on lhi~ site. only uses allowed in the L-O zone. This property is designated for office uses and retail uses are not consistent with the Comprehensive Plan or the proposed L-O zone. Staff recommends that the Commission and Council direct the City's Legal Department to draft modifications to the recorded development agreement for Sundance Subdivision as follows: . 'Page 1, Item 1.4 - u... 'Propeny"s described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential District and L-O (Limited Office). . " . Page 2, Item 1.7 - "WHEREAS, City Council, the 5th day of March 2002 and the XX day of XXXX. 2006. has approved certain Findings of Fact and Conclusions of Law.. ." . Page 3, Item 3.3 - "Developer: means and refers to G.L. Voigt Development and Dave Evans Construction. whose address is. . ." . Page 4, Item 4.1 - ". ., Construction and development of 214 single family lots and 23 common lots, 12 office lots and a park. Development shall be l,,;uIl~i~tent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the property as Single Family Residential and Offic~; that any proposed uses be consistent with the L-O zonin!! standards and required lJrocesses. " . Page 6, Item 11 - Change the condition to read: "That any proposed conditional uses in the L-O zone, shall require a CUP. The office uses, and all other principally permitted uses of the L-Q zone, are allowed if constructed in accordance with the approved CUP site plan. " . Page 6, Item 12 - Change condition to read: "Except for the area adjacent to the driveways to the public streets, construct a minimum 20-foot wide planting strip adjacent to the existing residentially zoned lots to the north and east. " Prior to the rezone ordinance approval, a lllodiiil:ation to the recorded Development Agreement (Instrument No. 102056126) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney. Bill Nary. at 888A433 to initiate this process. PRELIMINARY PLA T ANALYSIS: 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 office development. Please see Exhibit D for detailed analysis of facts and findings. However, there are some specific changes to the plat that staff recommends: Sundance Subdivision Commercial Addition. RZ-06-001, PP-06-0l4, CUP-06-011, MI-06-001 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20,2006 1. Access: The applicant is proposing to construct two vehicular accesses into the site. The tirst access is proposed to intersect Meridian Road at the north property line. This access is approximately 440 feet north of Us tick Road, and was previously approved by the City and ACHD with the approval of lhe Sundance Development in 2003. The second access is proposed to intersect Ustick Road at the east property line. This access is approximately 400 feet east of Meridian Road and was also approved by ACIID with the approval of the Sundance Development in 2003. However, a note was placed on the face of the fmal plat for Sundance Subdivision No. 3 that does not allow direct lot access to Ustick Road in this area (see Note #16 of the Sundance Subdivision No.3 plat). Staff believes that this note is not consistent with the approval of the ACHD or the City in 2003. There is nothing in the conditions of approval or in the minutes lhat suggest that access to Ustick Road for the office portion ofthe development was prohibited. However, the applicant has submitted a new application for approval, and staff is re-evaluating the viability of allowing access to Ustick Road, an arterial street, so close to a major intersection (the proposed access to Ustick Road is approximately 400 feet from the Ustick/Meridian intersection.) Further, there is a stub slreet provided to the office lots from the east (Santiago Court). The City and ACHD typically require stub streets to be extended into the property, and try to limit access to arterial streets. ~taff believes that . this project should not be an exception to those policies. Therefore, staff recommends that the applicant construct a driveway to/from Santiago Court, Ustick Road and Meridian Road. If in thc future ACHD detennines that the access to Ustick Road is not in the public's best interest, it may be closed. A note should be placed on the face of the final plat restricting access to Ustick Road and Meridian Road. Specifically, the note should state that direct lot access to Ustick Road may be prohibited in the future, if ACHD deems it necessary. ' As noted above the applicant is proposing access to Ustick Road and Meridian Road. Staff is recommending that a third vehicular access, to. Santiago Court also be provided. Staff is further recommending that a cross-access, parking and ingress/egress agreement be recorded for this development so all 12 of the proposed office lots can use the driveways, drivl; aisles and parking areas. 2. LandscauinlZ: A 20-foot wide landscape (land use) buffer is required between L-O zoned property and residentially zoned property. However, UDC 11-5B, allows the City to provide for alternative means to certain standard development regulations, including landscaping. ill granting such requests, the City typically requires specific improvements to be made, ensuring that the intent of the regulation being altered is maintained. There are residential lots to the north and east of this site. The applicant has submitted an alternative compliance request to allow the previously approved driveways to/from Meridian Road and Ustick Road to encroach into the required buffers. As a replacement for the landscaping, the applicant is proposing a sound-blocking wall along the portion of the entryway which encroaches into the residential land use buffer. Because the driveway location to Meridian Road and Ustick Road have previously been approved and should not he moved closer to the intersection, and because the sound wall should meet the intent of the landscape buffer, staff is supportive of the applicant's request. In lieu of the 20~foot wide landscape buffer, the applicant should be required to construct a 6.foot tall sound wall along the north and east property lines where the driveway is closer than 20.feet to the property line (approximately 70 feet at the north property line, and approximately 100 feet at the east Sunclance Subdivision Commercial Addition - RZ-06-001, 1'1'-06-014, CUP-06-0ll, MI-06-001 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRlL 20, 2006 property line). NOTE: Adjacent to the east property line is an ACI.ill stoml drainage lot. This lot is approximately 35-feet wide but does not contain trees or other means to screen the subject site and driveway from the residential uses further to the east. The landscape plan prepared by Toothman-Orton Engineering, on January 2006 (revised 3-1-06), labeled Sheet 1 of 1 is approved with the following modifications/notes: . Maintain and protect the existing landscape buffers along Ustick Road and Meridian Road. . Depict and construct a 6-foot tall sound-blocking wall along the north and east sides of the project, where the driveway to Meridian Road and Ustick Road is within 20-feet of the property line. Details of said wall shall be shown on a revised landscape plan. · Unless otherwise approved, construct a 20~foot wide land use buffer along the north and east property lines. Said buffer shall be constructed in accordance with UDC 11-3B-9. · Construct a pedestrian pathway (sidewalk) to/from Santiago Court, as propo~t:d. . A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC ll-3B~ 14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application and future Certificate of Zoning Compliance applications. 3. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with ODC 11-3A-15 andMCC 9-1-28. 4. Common Areas: Maintenance of all common areas, inc1uoing the cross-access, ingress/egress and parking areas, shall be the responsibility of the Sundance Subdivision No.5 Business Owners' Association. CONDITIONAL USE PERMIT: The applicant has submitted a Conditional Use Permit for the proposed development because the proposed lot configuration and building layout differs from CUP-Ol-026, the previously approved CUP for this site. With the approval of CUP-01- 026, four office buildings were proposed. The applicant is proposing to add an additional 8 building lots (12 total). The applicant also requests approval for drive-throughs for financial institutions on Lots 7 and 8. Staff is generally supportive of the applicant's development. However, UDC 11-4-3~11A requires drive-through establishments to be greater than 300 feet from an existing residential zone, or a CUP is required. Because the potential drive-tmoughs for Lots 7 and 8 will be within 300-feet of a residential zone, staff recommends that separate CUP approval be granted by the City prior to operation of a drive-through on this site. Sundancc Subdivision Cummercial Addition - RZ-06-001, PP-06-014, CUP-06-011, MI-06-001 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20,2006 VACATION: With the recordation of Sundance Subdivision No.3, a 10-foot wide (5 feet on either side of a lot line) public utility, irrigation and lot drainage casement was l:reated on this site. The new lot configuration has potential pad sites that span across the recorded easements. The applicant has submitted application to vacate an existing, recorded public utilities, irrigation and lot drainage easement. Staff is recommending approval of this request to the City Council, subject to the applicant providing the City with relinquishments from all applicable utilities_ b. Staff Recommendation: Staff recommends apProval of the pronm:ed Sundance Subdivision 'Commercial Addition (RZ-06-00L PP-06-0014, CUP-06-011 and MI-06-00l) with the conditions listed in Exhibit B of the Staff Report. 11. EXHmITS A. Drawings 1. Preliminary Plat (dated: January 2006 (revised 3-1-06)) 2. Site/Landscape Plan (dated: January 2006 (revised 3-1-06)) B. Conditions of Approval 1. Planning Department 2. Public Works Depal1ment 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Sundance Subdivision Commercial Addition - RZ-06-001, PP-06-0l4, CUP-06-011, MI-06-00l PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20,2006 A. Drawings 1. Preliminary Plat (dated: January 2006 (revised 3-1-06)) "-~~'~~:.::e~:~'.n_J===:" .-~~=~ I r'^"'--;'i~2t~;'~NO""';;;~" Iri 'ri"",d'- ""E..~' ! :M......,.... ~~ ...:,,~.... .~, 5IfIl,,~ J.V'l'd" AM lIlT ' _., " IS.:,'" '::::;ii;"~'~.-;;:~~;~,~~ :::'r j'~I" j; " " : . ..... - .--' jJ "-1 "i ~;! I l", I, 1. ;.1 i<, :l~JI t .. I ~ f (' - , I ~:, '" 'i~1l. !, 11 Jt "l, ~~~.J-! ',\ . ; ,j \ I .---.-~_.=Jl. <if"'j ,. !--'j' '1 ,/i ',,!.> fi'll' \,[ : ~, >, I" : : : q)\ Ii' d ::.,..~~ " '''', ~i ,1",1' "Ii ~;' ~i' .'.;JI' :.lljl,: ;;',' i: I. _,d :. ,i /'.' I ;,' .......... 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'i!iJ(f.1 !l .' u. ni~~l j If~.fj ..iJUH ;~ l'j ;', J j!i a ~!j i." ';I -'1 11'~ ~':I ;r , 1"" .!;~ ;~i ,'\' d II ~~: ~ . ~':", ~.{;,;hll l'h'",:: "l':lla1i ., :, ,', CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 , ,4~11 ~= - r=-=-'~' - :,~:':::'.~r~"'~i-. N01SWll;~I~~ ilJNVUN()-;-'--li;]~ I /;~- r" ~",. " -- ~-- - - A .'11' "'l"~J .' l.. , .. :. 'I' l!o ~""'<d"- . _. :~ :::::::.... - ,I ,-'.....,~ "","""" ...,....., ..""",,,, :>NlliSOll:J SlI:fi.J.J:3S I ~ r' -: '-~, "-:=- '-,;c '-'"j. ~ """~,._"~ ~'f 'YM ,..,;...... _ "Jdi ;!~t~ ;';, , I"t Jil I ... ." t.' ~: '['I i.' .;,,, .- . . '.- .- ' I' :II" "~i - - ;',; f '..:,-,'" ,-- -,,' I o -.,.: -~ J:":!! ;~ t~ "It" ~~ ~~(;i (" it:~.(;; '. l~ " ;.-1.: . - I I ~: ~~.t,f~' I\-,.-'/!J.... I_! ~ ,~. . : ~ l~,_. :iI <' ,. flj, .; jl,:; i! if,!.; ", /"1 'I ,_ . I '2'~ ,;. :1 i! I '~'i 'U ~Jl:~ !j ;; : :.; ..f~~ J~~" il if;f: ;l~ .. ';u, , "tm . , . .~. i ~ I ~ 5 .i '. .', ';~t ; If, t,; I ! > ;, II 1), ,~t\'" ,I, IV'>' '!l ,; I;'~JH~~: .'" >~ i '1!:\ ,;(\;;; 1i ;;;;;; ~t !;l;i~; ;:.\ .~~ ,; :f'~S;: !ii jijilH I ' l!~ _If.= it ~ IIi,";'" I 2. Site/Landscape Plan (dated: January 2006 (revised 3-1-06)) 'I! , j' ~ ~I J; l!; '. j H ... ~, L : "I lil.-J , i . ~ .,'" .j 1:1 i < . . 1;~ ~ }.._ ,,i (I ;{ 3' '1-1 II;Zi ','~ ~~~ ~~; "1 ( ;t ~t .~i "-',' (tJ o. ,;~ i? ~~\ :'1 :!j! , ;.Il -. I: "I. G,,') "':(y):-.~"'~--"'-'~' '~"---O~:-' .-.-._-..,."""'__~~. :; ;i]: 'l;~r' . r' ,.; 4i~'fP'--<' '~;~,.- - '." Ii;! :0;,'," ";'1-'~~''/'1 J<'- ~;,~ "' cl,,;' :II:~LT:''' n..._ ~- -f. I'.~ .1('-I"J ,"", n. t~"", f :'~.:. I f9 "'j tttt ~,' "., 'i , f: ,ll "".j , I' ',; ( '1'1 ,,!,,' :1 ~~ I fe,,:, /r~ ; ~ ~~l , n . I I ., rR '- I ~l.-:",f""" l-,I, , ~.W.~,. i ,(5' "1 ---r'- ~ ,) ,-:J- j !; f~, . ~ )."")' "_.~ '. ~"'I"I ~ f(, I - I J~r.~i:,,= ~ fj,~'" '-.itJ~..--';=-~J:,~;.jl II ,r.sr .-'! -'~"7" ....j I ~,'\! /C.;"---=- ~~ '41, ; t1~h--=-'~(' ~J r! 1,5: ..:t./ . ,'- 1-' i ~ I I~JI I I / ,', J I";'~ i. i" :::-'j'./ tij'" f.L- - ~. -"~~1";~ iC' . -- '-"'.~-::.-' ,-. I~/ 'I i! ~i 'II ") ! '" ;)' . - " ,"4i", _ -, ' .'" ,.~~~~:;,/j ',:, ~~ (--:~=- ~~~"-~-~-.-~"~._--,....i\J~:J'1br I ".=,:.1' ~..". _w. '-:-~--,---=---.,.-:. -_-.u",,-.,_ "'-:-'-;;-o-:--:_~,,""II' ;~r 1/; !>~~ I .',. ill!!! lr(l I L._____..______ ~ JoI.. . . . ~', "' i" I ,I ,'. ." ': I '. --~~.- _._-~~~-- .' "'... ".,.. ~ I ...,. . . .-.----...- .' , II. .',_ ., ,_,~_ ~.,... . '; ~ _0..'.1.. ,. Exhibit A ..-'-...--- :, j:l !i? " III l! .r 'E3-~ ~ ~'~ , . ~ !i !;ii:' ;, ~t ~::,';: , , , A~~1f~" ~'~ j. ~~} . I j ,~, '.. , '. ~:~ ~.:-..,. ';.' ~ .... l i"I ,l.~~~ i ~:~ ~,~ I I I I i ,;11 ;~~:j 1" ,;'j, ! :; l~'~ . ;: -' - "'\i ,!(. . . I~t' ". 'I.":~ ,'~ i t, i,l~.l ~ '.' ~ "t i i: ;;i::1 .: ., ....---1 '.;c.< ,.,~'.,. l.-: CITY 01:' MERIDIAN PLANNING DEPARTMENT 8T AFF REPORT FOR THE HEARlNG DATE OF APRIL 20, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat prepared by Toothman-Orton Engineering, dated January 2006 (revised 3~1- 06), is approved, with the conditions listed herein. All comments/conditiuns of the accompanying Rezone (RZ-06-001), and Conditional Use Permit (CUP-06-011) shall also be considered conditions of the Preliminary Plat (PP-06-014). 1.1.2 Maintenance of all common areas, including the parking and drive aisles, shall be the responsibility of the Sundance Subdivision Business Owner's Association. 1.1.3 The landscape plan prepared by Toothman-Orton Engineering, on January 2006 (revised 3-1-06), labeled Sheet 1 of 1 is approved with the following modifications/notes: . Maintain and protect the existing landscape buffers along Ustick Road and Meridian Road. · Depict and construct a 6-foot tall sound-blocking wall along the north and east sides of the project, where the:: driveway to Meridian Road and Ustick Road is within 20-feet of the property line. Details of said wall shall be shown on a revised landscape plan. . Unle.ss otherwise approved, construct a 20-foot wide land usc buffer along the north and east property lines. Said buffer shall be constructed in accordance with UDC 11-3B-9. . Construct a pedestrian pathway (sidewalk) to/from Santiago Court, as proposed. . A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation shall apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application and future Certificate of Zoning Compliance applications. 1_1 A Construct driveways to/from Santiago Court, Ustick Road and Meridian Road. If in the future ACHD determines that the access to Ustick Road is not in the public's best interest, it shall be closed. A note shall be placed on the face of the fmal plat restricting access to Ustick Road and Meridian Road. Specifically, the note shall state that direct lot access to Ustick Road may be prohibited in the future, if ACHD deems it necessary. 1.1.5 Record a cross~access, parking and ingress/egress agreement for this development so all 12 of the proposed office lots can use the driveways to/from Santiago Court, Ustick Road, and Meridian Road. Said agreement shall also include the drive aisles and parking areas, as proposed. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A~17. 1.2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well watcr for the primary sourl.:~. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. EJJlibit B CITY OF MERIVIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20,2006 1.2.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.2.4 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fcncing to cuntain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordanct: with UDC 11-3A-7. 1.2.5 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional tr-ees, 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. 1.2.6 All irrigation ditches, laterals or canals, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless utherwise approved by Nampa Meridian Irrigation District/Settlers Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC Il-6B-7. 1.3 SITE SPECIFIC REQUIREMENTS-CONDITIONAL USE PERMIT 1.3.1 The site/landscape plan prepared by Toothman-Orton Engineering, datcd January 2006 (revised 3-1-06), is approved, with the conditions listed herein. All comments/conditions of the accompanying Rezone (RZ-06-00l), and Preliminary Plat (PP-06-0l4) shall also be considered conditions of tht: Conditional Use Pennit (CUP-06-0 11). 1.3.2 Any future drive-through use on this site shall require Conditional Use Permit approval. 1.3.3 Construct driveways to/from Santiago Court, Ustick Road and Meridian Road. If in the future ACHD determines that the access to Ustick Road is not in the public's best interest, it shall be dosed. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of sewer mains that were installed on the property during Sundance #3. 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 easemenfs for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 If the applicant is not going to use the existing 6-inch sewer services, then an acceptable method to abandon them shall be coordinated with the Public Works Department during the detailed plan review. 2.3 Water service to this site is being proposed via extension of mains that were installed on the property during Sundance #3. 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. Exhibit B CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20,2006 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.5 Prior to final plat submittal revise the sewer and water easement called out in note #10 to reference City of Meridian instead of Garden City. 2.6 It appears to staff that the applicant is proposing to use the existing pressurized irrigation system that was installed with phase 3. Prior to scheduling of a pre-construction meeting a letter of plan approval shall be submitted by Nampa and Meridian Irrigation District. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC ll-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat hy the City Engineer. 2.8 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve lhis separation requirement and comply with all landscape requirements. 2.9 Any existing domeRtic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non. domestic purposes such as landscape irrigation. 2.10 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 ll-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflatera1 users association approval can't be obtained, altemate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.11 The applicant has not indicated how the storm drainage from the proposed parking lots associated with the attached units will be disposed. 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 otf-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm 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. 2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.13 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping lShall be installed and approved prior to obtaining certificates of occupancy. 2.14 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the [mal plat per Resolution 02-374. 2.15 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. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20,2006 2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.17 Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Anny Corps of Engineers. 2.18 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.19 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. Thi:s is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 3. FIRE DRPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria tt:sting. 3.2 Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 !h" outlet face tht: main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. - Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" abuvt: finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new eonstmction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside radius. 3.4 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.5 For all Fire Lanes, provide signage "No Parking Fire T ,ane". 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Commercial and office occupancies will require a flte-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure. 3.10 Buildings or facilities exceeding 30 feet (9144 mm) or three stories in height shall have at least three means of fire apparatus access for each structure. (Remoteness Required). 4. POLICE DEPARTMENT 4.1 If no drive-throughs are approved, no comment. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns with the site design as submitted with the application. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 6. SANITARY SERVICE COMPANY 6.1 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. ADA COUNTY HIGHWAY DISTRICT 7.1 This is a staff level approval of a preliminary plat for Sundance No.5 consisting of 12 commercial lots on 3.77 acres. This site was originally approved with Sundance Subdivision No. 3 on November 15, 2000. The District has no additional site specific requirements at this time and no new access is granted to the public roadway system. The applicant is required to comply with all conditions ofthe original plat and will be required to pay all applicable platting and review fees. A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building pennit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. Dxhibit B CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Of APRIL 20, 2006 c. Legal Description l'OOTHMAN-OR1'ON ENGINEERINf, COMPANY C.:UNSU1TING f'NGlNEERS. SlJl/.\'EYORS <\Nn I'LANNFRS 1777 Ct II Nn H""l H()L'lEI,r'\i-:I) D()I:\~, [.) <\1-10 8.r 1.1.)00" :.!lU}.-.l;~..;:.n8.tl . r.'\\ .!(I11' J.?J-J.h'( 1..(. i~. ~'ii'/i;i.lr:._'n~f'\,;-!""I. r rll' : Pm.iee!; 051 ()l Dall!: Fehl1l:try L 20(1(; r'-lge: I of I Laml Dc.wriplion n.r Re-zonc to L-() A pim;cl of land situatl!d in the S\\' 1.j of Scctjlln 11. lowmhip -+ NnrllL R:m~!... 1 F.!1~I.. Boise MlO'ridjan. City of Meridian, Ada ('"unty, Idaho. bdng 11 ponian of s~lid S\\' I," and a pmlioll of Lol 19 and all tlrLors 20 Ihrough 26. Rln<.:k 7 of SUlldalH:~ Subdi\'[sion "in, ). as tiled in Oool. llR <,f [,lats m P,lgC5 I ()lJ15 and 10016. lh'('urd~ n{ AJ,I C.)t1Hl~ Idahn. described :l.~ tlJlIows: 81<:GI:'II:'IIThG al an aluminum cup, rnarking Lh~ corn,". enmmoll t<I Sedi"'ll .11. rIJ\\J15hip -+ North. Range 1 Last Sed ion 36. rU\\'tlship'" ~llrth. [{,mgc I \!.;est: Section I. lo\\n.:;htp 3 ~()nh, Range I W;:.:;t~ and S~diilll 6,lo\\nsl1ip :.; ~l1rth. Rang:~ 1 Ea;,;l. ;.II] Boise Meridian. Ada ('OUIll}. Id~hfl. from whidl a brcu:~ cap. murkinl!- lli..: '., ,orner ,OIIllllon to said S,:dion<; 31 and 36 nears l' .OO''5I':i(f'L, 105(1.0(1 li,'d: rhCtK~. ak'!)g tli.: li[1l;~ COlUmul1lo said Sections 31 aud -'16 und the ccnttTline of1\. Meridian Road_ I) i\: .chI"';; I . 50"F.. ~1)4,46 te...L thelle.:, ahmg !ile nonherly IlIte 0 I said Lut .!(i and !t.le we~>tcr1.v prolongutinn thereof, 21 SJ;q~n8' lOT... 477.\ J feet Il1lhe northeaslerly cOni,'!, 01 sniLl Lm 2(,: Ih\'ll\.'\C. along thL' ..:"~I"rlr liHI:; "I' ~aiJ [,'\,; 26 an.1 2:' an,;\ tb~ sotlllll:rlv I'l"jnng:lli"n the f\:"O r. 3) S.On"il.50"'''...... .:!.fICl_84 tcd Wlhe .;emcl'lim: 0[' )'. I_~lil:l, R,'''lll and Ihe ~,'nLlfll line COtllll-ll'11 III ~;.tid Sl'cliollS J I amI 6: lhence. along. said lmc' 4) :-UN'~.r 1 T\\'_, 477. 14 tCd III thO' 1'011''1' OF HEGlI\I\I.....(.,;. CONTAlI\ING: 5.4l1 :lW:::-;. mm~ m k:i.s. SlIlCJECT TO: all Cov,;:mmls, Rights. Rights-of- V""il~. r ~si:mt'nh "I' r~c';('[..1 wl-t '11''- LrK'lltJlbrall~CS, ( Ihb Jt!scriplion \'.1:> prl'[l<lf.::d frolll r~'i:(jr,l intormaliol1 un 111<'" (,fIici,,! pl<;! ,,[ )',ulld:JI',' Sllbdivisi<Jf1 ~\). ;. l'<:wrds (If Ad;1 ('owlry. IJ~lhu I RE\t~ APPROV~l;-?",,_, B,(~'~~--- l~ .(t=;:"~~ v..rl~ll;.,~'.n~l!]l fu;-..I....~II~llt:--;:.dl~L 'o' ,,:_t-.Jr:!~;~l ~~l~;'':~'(' 'j! 1I01~h . COFlJR rI'.\l.C\E . Cr\I..m\o...I.L Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRlL 20, 2006 (\1r- Ii ~ ~, ~ ! ~ Ii iJi j ~ ll.;o ~ ~ ;:0- r< ~ & Ii ~ "" !Ii ~ ~ I!;i' ~' ! ~. ~ ltI e, I ~ ! ~ "" ;: ~ '" .. ~ ~ l' B ,.. i: I j Ei l:1 QL....., - Exhibit C Z <t: I. - 191 o ' Ct: I I ~ ~l z ~I 201 Lo-o.20N+EI ;11 R- 22 - II -~-I; ~ I I I BLOCK 7 1 ~ ~ ~.=-. ,,~ lL- "'----==T. 36 31 i.4N., R~~~" -.'----;m9~34~17,.W..---'~,.--,.-... ---.,~, - ----- I'_.~-- 1 6 UN" Rl[ 477.14-' E. USTICK ROAD-- ,:~:~~~'~:o~~;__ TOOTm4AN-OftTON ENGJ:ND!:RING co. ~NGI'''~f.rRS''"'"'-'': ~UR"E.":'U~$ I P:~^4-.~~EFis 9m CflINI1E,~ BOliLE'JARD ' eOH, IlY,:'IC 8.1714 -201)8 PliONE: 208-Jnll~B . FAx, ?Oi'h52J-239-D [-(1[; 1'\IIiI&I\~'''' m:>p~9 flI'E;.\:IlIlO'l')rJ); ,1(;1<1:6161 I I I I I 36 f 31 f II ~II ~ I RE-lONE BOUNDARY MAe S8S'OS'10"E 477.13' / / ;1 2.7 / 78 29 -~---I I I 21 26 (\ 50 10\1 :zoo NOt E: p::""._,,_N!,:<;'~UC ARE.A, SHOWN I~-",n-'<"'E" A F)OR r ON OF SllNDANC[ SUBDIVISiON NO. .3 I __. "--1 _/'" ~. .r,./~" /- 33 / , / ! ---L._' :lOO CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20,2006 D. Required Findings from Zoning Ordinance 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigatiun and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to L-O. Staff finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that educational institutions, financial institutions, professional offices, and public/quasi-public uses are allowed within the requested zoning district of L~O as . Principally Permitted Uses. Thc accompanying plat demonstrates the land will be developed with lot sizes and other dimensional requirements that conform to the proposed zoning designation. 3. Tbe map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation (as applicable) is in the best ofinterest ofthe City (UDe 11-5B-3.E). This property is already annexed into the City. Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. ill accordance with the findings listed above, staff finds that Rezone of this prooertv to L-O would be in the best interest ofthe Cit v. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decisiun-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Staff fmds that the proposed application is in substantial compliance with the adopted Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 Comprehensive Plan. Staff generally supports the proposed plat layout as it complies with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are available to acconunodate the proposed development. (See finding Items 3 and 4 above under Rezone Findings for more details.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff fmds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to detennine this fmding. (See finding "Items 3 and 4 above under RezoIle Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) 4. Thc development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety or environmental problems associated with the development of this subdivision that should he brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to detennine whether or not the proposed subdivision may cause health, safcty or environmental problems of which staff is unaware. 5. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic or historic features on this site. Therefore, staff finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to detennine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staffis unaware. 3. Conditional Use Pennit Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff fmds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the unc. However, the applicant is Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 requesting alternative compliance to the standard land use buffer requirement to the north and east (adjacent to residential). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the proposal meets the objectives of the Comprehensive Plan as listed in Section 8 ofthis report_ See Rezone Findings #1 and 2 above. 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. Staff finds that the design, construction, operation and maintenance of the L-O uses will be compatible with other uses in the general neighborhood and with the existing and intended character of the vicinity as to not adversely change the character of the area. Specific uses are not proposed at this time. Because the applicant is constructing a 20- foot wide land use buffer between the L-O :wned lots and the residentially zoned lots to the north and east, staff finds that the future operation of commercial/office businesses on . this site should be compatible with the neighborhood (provided the applicant complies with all UDC provisions.) Because the proposed L-O zoned lots are close to residential uses, staff is recommending that any and all future use(s) on this lot that have a drive- tlu-ough be requil-ed to obtain CUP approval prior to construction and operation. Staff will analyze future building heights, parking layouts, and other dimensional standards with future applications to ensure compliance with the UDe. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all Preliminary Plat, Development Agreement and CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. 5. That the proposed use will be served adequately by esseutial public facilities and services such as highways, streets, schools, parks, police and f"Ire protection, drainage structures, refuse disposal, water, and sewer. Staff finds that sanitary !;ewer, domestic water and irrigation are available to the subject property. Please refer to other comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACHD. 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. Staff [rods 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. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 20, 2006 Staff 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. Traffic in this area is getting pretty bad. However, staff does not believe that the amount of traffic or noise generated by this development will be detrimental to the general welfare of the public. Staff recommends that the Commission and Council reference any public testimony that may be presented to detennine whether or not the proposal may cause health, safety or environmental problems of which staff is unaware. 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. Staff finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major lll1pOltarll,;t:. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damilge a natural or scenic feature( s) of maj or importance of which staff is unaware. exhibit D .......~~i., ACHD ~ M rr' &'~uLt;, ~~ John S. Franden, President Carol A. McKee, 1st Vice President David Bivens, 2nd Vice President Sherry R. Huber, Commissioner Rebecca W. Arnold, Commissioner April 6, 2006 To: Dave Evans Construction 5561 N Glenwood St Boise, 10 83714 ,)'" '1'_J-1/.; ~"- i -j" -. ... ,;"f ,11 J' ,:tJ I ~I\ i ,,'.il'( 1 '01 ,L... '-- -"~~, _1, 'I _,I_,~J ,I ~\?? 'J ~ r.. I" . l Representative: Toothman Orton Engineering 9777 Chinden Blvd Boise, 10 83714 :,.....~ i f G;= Li!;= ,:::,; ; C>.'2, ,- . - r-,'--', "'~".! r-: .::~ ': {'" f"""". ~-=- J'- . . Subject: Sundance No.5 This is a staff level approval of a preliminary plat for Sundance No. 5 consisting of 12 commercial lots on 3.77 acres. This site was originally approved with Sundance Subdivision No. 3 on November 15, 2000. The District has no additional site specific requirements at this time and no new access is granted to the public roadway system. The applicant is required to comply with all conditions of the original plat and will be required to pay all applicable platting and review fees. A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. If you have any questions, please feel free to contact me at my number listed below. Sincerely, 1(~A--y~ Karen Anderson Right-of-Way Specialist ROWDS Department 208-387-6272 cc: Project file, Construction Services, Utilities City of Meridian Ada County Highway District · 3775 Adams Street. Garden City, ID · 83714 . PH 208-387-6100 . FX 345-7650 . www.achd.ada.id.us ~ & ~ '7~ 'Z)i4tW;t 5 April 2006 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463 0092 :~.,~.~"~~ ,C; Ii~ I\j]~~! '} 1,1 ,)J'- -- , 1 I, 200G phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Planning & Zoning Commission City of Meridian 660 E. Watertower Lane Suite 202 Meridian, II> 83642 ; .~.-. l () r-:' 1,/\ ;~.~ :-~ j D i ,G; , c:-- t -! ~ ~~' (U" ~ _.'.~- ~'~~" ": RE: RZ 06-001; PP 06-014; CUP 06-011/Sundance Subdivision Dear Anna: If all storm drainage is retained on-site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires that a Land Use Change Application is filed for review priur to final platting. Please contact Donna Moore at 466-7861 for further infonnation. All laterals and waste ways must be protected. The developer must comply with Idaho Code 31- 3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, ra:# II~ BIll Henson, Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dhg c: File - Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~&~~~1L 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 6 April 2006 Phones: Area Code 200 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Tim Mokwa, Project Manager Toothman-Orton Engineering Company 9777 Chinden Boulevard Boise, ID 83714-2008 RE: Land Use Change Application - Sundance Subdivision Please note the District now reQuires three (3) sets of plans Dear Mr. Mokwa: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership. operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, iPM.u-)r. J/f~ Donna N. Moore, Asst. Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNM/smc cc: File Water Superintendent Meridian City Planning & Zoning Commission Dave Evans Construction, 5561 N. Glenwood Street, Boise, ID 83714 Gary L. Voigt, 1908 Jennie Lee Drive, Idaho Falls, 10 83405 enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000