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HomeMy WebLinkAboutHavasu Creek Sub CUPRECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR HAVASU CREEK SUBDIVISION - Page 1 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR A CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR HAVASU CREEK SUBDIVISION IN AN R-4 ZONE FARWEST, LLC, Applicant ) ) ) ) ) ) ) ) Case No. CUP-02-028 RECOMMENDATION TO CITY COUNCIL 1. The property is generally located south of McMillan Road and west of Locust Grove Road, Meridian. 2. The owners of record of the subject property are Maclocust, LLC, 4487 N. Dresden Place, Ste. 102, Garden City, Idaho 83714 and Renata Ham, 555 E. McMillan Road, Meridian, Idaho 83642. 3. Applicant is Farwest, LLC, 4487 N. Dresden Place, Ste. 102, Garden City, Idaho 83714. 4. The subject property is currently zoned RUT. The requested zone is R-4. The zoning district of R-4 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The Applicant requests the Conditional Use Permit for a Planned Development consisting of 327 single family lots, 1 school lot, and 27 common lots. The requested R- 4 zoning designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. 8. The Planning and Zoning Commission recognized the concerns of Carl and Bonnie Reiterman expressed in a letter submitted by David Irish, W & H Pacific, dated October 30, 2002. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR HAVASU CREEK SUBDIVISION - Page 2 RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The applicant shall be required to maintain a cover crop on any land not being developed or until the infrastructure for that phase is started. 2. The applicant shall work with adjoining landowners on the east, specifically Ms. Klaus and Mr. Graham, regarding a vinyl fence. If they can't work out their differences on a vinyl fence, the applicant will at least be required to install a six- foot wood fence with steel posts. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Comments 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. C. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 35-feet of right-of-way from the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), 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 be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR HAVASU CREEK SUBDIVISION - Page 3 2. Dedicate 35-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), 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 be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #195). 3. Construct 5-foot concrete sidewalk abutting McMillan Road and Locust Grove Road located 2-feet within the right-of-way. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 4. Construct North Havasu Canyon Way to intersect with McMillan Road approximately 820-feet east of the west property line, as proposed. 5. Construct North Havasu Falls Drive to intersect with Locust Grove Road approximately 400-feet south of the north property line, as proposed. 6. Submit a letter from the appropriate fire district approving the alternative street section. If the appropriate fire district reviews and approves the alternative street section, the applicant shall construct the internal roadways as 33-foot street sections with curb, gutter, 4-foot concrete sidewalk and parking on both sides within 50-feet of right-of-way, as proposed. 7. Construct North Havasu Canyon Way (from McMillan Road to Casa Grande Street) and East Havasu Falls Drive (from Locust Grove to Hulapai Avenue) residential collectors with 29-foot street sections with curb, gutter and 4-foot detached concrete sidewalk, as proposed. 8. Extend North Hermit Avenue at the south property line approximately 410-feet east of the west property line, as proposed. 9. Extend North Havasupai Avenue at the south property line approximately 120- feet east of the west property line, as proposed. 10. Construct North Shangri-La Street to extend to the south property line approximately 635-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR HAVASU CREEK SUBDIVISION - Page 4 11. Construct Casa Grande Street to extend to the west property line approximately 440-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct Havasu Falls Drive to extend to the west property line approximately 730-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 13. Construct Nankoweap Street to extend to the west property line approximately 180-feet south of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 14. Construct North Mooney Falls Way to extend to the north property line approximately1,550-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 15. Construct a stub street, Red-Rock Way, to extend to the north property line approximately 720-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 16. Construct Bright Angel Avenue to extend to the north property line approximately 230-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 17. Construct Bright Angel Avenue to extend to the south property line approximately 230-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 18. Construct Red-Rock Way to extend to the south property line approximately 720- feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 19. Construct North Crystal Avenue to extend to the south property line approximately 1,250-feet west of Locust Grove Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 20. Construct Kaibab Trail Drive to extend to the east property line approximately 820-feet north of the south property line, as proposed. Install a sign at the RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR HAVASU CREEK SUBDIVISION - Page 5 terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 21. Construct one knuckle with an island within it located in the southeast corner of Mooney Falls Way and Switchback Drive, as proposed. The island within the knuckle shall be a minimum of 4-feet wide with a minimum area of 100-square feet and maintain a minimum of a 29-foot street section around the traffic island designed to safely channel traffic. 22. Construct one cul-de-sac turnaround (Redwall Court) without an island, as proposed. Construct the turnaround to provide a minimum turning radius of 45- feet. 23. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 24. Construct a left-turn and a right turn deceleration lane at the McMillan Road and North Havasu Canyon Way intersection. Coordinate the design of the turn lanes with the District’s Traffic Services Staff, 387-6140. 25. Construct a left-turn lane and a right-turn deceleration lane at the Locust Grove Road and North Havasu Falls Drive intersection. Coordinate the design of the turn lanes with the District’s Traffic Services Staff, 387-6140. 26. The applicant shall enter into a development agreement with ACHD that outlines right-of-way acquisition, costs, timing and payment; and shall also include an agreement that this development shall be subject to any extraordinary impact fee, LID or other funding source established by the District to improve the surrounding roadways; or shall be subject to the development’s proportionate share of surrounding roadway improvements as established by the applicant’s traffic impact study. 27. Other than the access points specifically approved with this application, direct lot access to McMillan Road, Locust Grove Road and North Havasu Canyon Way (from McMillan Road to Casa Grande Street) is prohibited. 28. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR HAVASU CREEK SUBDIVISION - Page 6 3. 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. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. 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. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 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 Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms 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 confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this 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 subject property unless a RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR HAVASU CREEK SUBDIVISION - Page 7 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. D. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400’ apart. 1997 UFC Appendix III-A. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150’ in length that is not provided with an outlet shall be required to have a turn around. 5. All roads shall have a turning radius of 28’ inside and 48’ outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 8. A minimum of two points of access will be required for any portion of the project, which serves more than 30 homes. UFC 902.2.1 9. The proposed 327 lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 948 residents at build out. The proposed multi-family lot has an estimated 171 units with a total estimated population of 495 residents at build out. The 11 office lots and 1 commercial lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2,069 responses in the year 2000 and 2,251 calls for service in 2001. According to a report completed by Fire & Emergency Services Consulting Group in February of 2000 our requests for service are projected to reach 2,800 in the year 2005 and 3,800 by the year 2010. 10. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR HAVASU CREEK SUBDIVISION - Page 8 E. Adopt the Recommendations of the Central District Health Department as follows: 1. The Applicant’s central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. 3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation.