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HomeMy WebLinkAboutStaff comments CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 STAFF REPORT TO: Hearing Date: 11/2/06 Planning & Zoning Commission ~;;d/~\ \ ID.'\HO j '~ y {' ~" .~ r '-, . ~ - ~ ."".....-' ~J:~.,~"'r.Y-, r.'il: FROM: Sonya Watters Associate City Planner 884-5533 SUBJECT: Waverly Place Subdivision . AZ-06-047 Annexation and Zoning of5.3 acres from RUT (Ada County) to L-O zone . PP-06-049 Preliminary Plat of 6 multi-family residential building lots, 1 clubhouse building lot, and 3 common lots on 5.3 acres in a proposed L-O zone · CUP-06-030 Conditional Use Permit approval for 24 multi-family dwelling units (6 four- plexes) in a proposed L-O zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST ocr - LGul) .,". ".,.,... ...... .'_..,,'-. \ 1, (.!.: :r"; ~'~: Thc applicant, Vacation Village Villas, LLC, has applied for Armt:xation and Zoning (AZ) of 5.3 acres from RUT (Ada County) to L-O (Limited Office); Preliminary Plat approval of 6 multi-family residential building lots, 1 clubhouse building lot, and 3 common area lots; and Conditional Use Permit approval for 24 multi-family residential dwelling units (6 four-plexes) in a proposed L-O zone. This site currently contains one home which is proposed to be removed. This property was previously platted in Ada County as Lot 6, Block 1, o[Magic View Subdivision. This site is within the City's Urban Service Planning Area and our Area of Impact. 2. SUMMARY RECOMMENDATION The subject applications (AZ, PP, CUP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis for the requested Annexation and Zoning, Preliminary Plat, and Conditional Use Permit applications. Staff is recommending denial of the proposed Waverly Place Subdivision (AZ~06~047. PP-06-049. CUP-06-030) for the reasons listed in the Analysis ofthe Staff Report and the required Findings in Exhibit D. 3. PROPOSED MOTIONS Recommend Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Numbers AZ-06~047, PP-06-049, and CUP-06-030 as presented in the staff report for the hearing date of November 2,2006. Continuance I move to continue the public hearing for File Numbers AZ-06~047, PP-06-0~9, and CUP-06-030 to (date certain). OPTIONAL: I further move to direct Staff to prepare Findings and Conditions of approval for this project, to be considered at the (date certain) public hearing. 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2510 W. Magic View Court Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGEl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 Section 17, T.3N., R.1E. b. Owners: Vacation Village Villas, LLC 719 West Oakhampton Eagle, ill 83616 c. Applicant: Same as owner d. Representative: Becky McKay, Engineering Solutions, LLP e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Office g. Description of Applicant's Request: The applicant is requesting approval of annexation and 7.oning of 5_1 acres from RUT (Ada County) to T .-0 with a preliminary plat for 6 multi-family residential lots and 3 common area lots, including a clubhouse lot, and conditional use permit approval for a multi-family development consisting of 6 four-plexes (24 units) in an L-O zone. 1. Date of Preliminary Plat (attached as Exhibit A2): October 3,2006 2_ Date of Landscape Plan (attached as Exhibit A3): October 2,2006 3. Date of CUP Site Plan (attached as Exhibit A4): July 12, 2006 4. Date of Elevations (attached as Exhibit A5): July 12, 2006 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and rezone as determined by City Ordinance. By reason of the provisions of UDC 11-5B-6, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of UDC 11-5B-6, a public hearing is required before the Commission and City Council on this matter. c. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11 Chapter 5 Article B Section 6, a public hearing is required before the Connnission and City Council on this matter. d. Newspaper notifications published on: October 16th and October 30th, 2006 e. Radius notices mailed to properties within 300 feet on: October 6th, 2006 f. Applicant posted notice on site by: October 215\ 2006 6. LAND USE a. Existing Land Use(s): Existing rural residence and associated land. b. Description of Character of Surrounding Area: A mix of single family residential, vacant/agricultural land, and office/commercial developments to the east and south (near Eagle Road and Interstate 84). c. Adjacent Land Use and Zoning Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 1. North: Single-family residences, Greenhill Estates Subdivision, zoned RI (Ada County). 2. East: Existing rural residence on 5-acres, zoned RUT (Ada County). 3. South: Existing rural residence on 5-acres, zoned RUT (Ada County). 4. West: Single-family residences, Woodbridge Subdivision, zoned R-4. d. History of Previous Actions: Platted as Lot 6 ofthe Amended Magic View Subdivision in 1983. e. Existing Constraints and Opportunities: 1_ Puhlic Works Location of sewer: There is currently sewer installed in E. Magic View Drive Location of water: There is currently water installed in E. Magic View Drive Issues or concerns: Abandonment of existing mains stubbed to this property that are not being extended. 2. Vegetation: Mature trees around the existing home. 3. Floodplain: NA 4_ Canals/Ditches/Irrigation: Staff is unaware of any ditches on this site. However any & all ditches on this site must be tiled. 5. Hazards: None. 6. Proposed Zoning: L-O 7. Size of Property: 5.3 acres f. Subdivision Plat Information 1. Residential Lots: 6 2. Non~residential Lots: 1 (for clubhouse) 3. Total Building Lots: 7 4. Common Lots: 3 (including clubhouse lot) 5. Other Lots: N/A 6. Total Lots: 9 7. Open Lots: N/A 8. Residential Area: 5.3 acres 9. Gross Density: 5.1 units per acre (6.4 net density) g. Landscaping 1. Width of street buffer(s): A 10-foot wide landscaped street buffer is required along E. Magic View Drive and along the local public streets proposed within the development perUDC 11-2B.3. 2. Width ofbuffer(s) between land uses: A 20-foot wide landscape buffer is required along the west, north, and east property boundaries adjacent to existing residential uses per UDC 11-2B-3. Waverly Place Subdivision AZ~06-47, PP-06~049, CUP-06-030 PAGE 3 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2, 2006 3. Percentage of site as open space: 16.36% or 0.765 acres 4. Other landscaping standards: Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11.3G-3E2). Landscaping installed within the required street buffer along E. Magic View Drive and the local public streets within the development shall comply with the standards listed in UDC 11- 3B- 7, Landscape Buffers Along Streets. The required buffer adjacent to existing residential land uses along the west, north, and east property boundaries shall comply with the standards listed in UDC 11-3B-9C Landscape Buffers to Adjoining Uses. h. Proposed and Required Uimensional Standards per the L.O zone*: Proposed Required Front setback (from ultimate right-of-way) Rear setback 20 20 20 20 Interior side setback 10 10 Maximum Building Height 35 35 -Applicant states that the mar. bldg. height will only be 35' but the application form shows 40 '_ Maximum building size without design standard approval 10,000 square feet * No changes to the dimensional standards in UDe Table 11-2B~3 were requested and none are approved. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the development will be provided from E. Magic View Drive, a public street, which currently exists to the east and west ofthe southern boundary of the site. The unimproved area on the southern houndary ofthis site in between the existing sections ofE. Magic View Drive is currently within a 50-foot wide easement that grants general public use over the easement. The applicant is proposing to dedicate the entire 50 foot right-of-way required for this section of Magic View Drive by platting over the easement. The applicant has applied for approval of four internal public streets to serve the multi-family units within the development. Curb, gutter, and sidewalk is required along both sides of the internal public streets and along the north side ofE. Magic View Drive. Please see ACHD report for details. Two 20-foot wide private drives are proposed to extend from the proposed public streets for access to the units located on Lots 3 & 5. 7. COMMENTS MEETING On October 13, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and Meridian Public Works Department. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN ANALYSIS This property is designated "Office" on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 106), the Office land use designation is described as follows: "This designation will provide opportunities for low-impact business areas. These would include offices, technology and resource centers; ancillary commercial uses may be considered (particularly within research and development centers or technological parks). Additionally, as notcd in thc Rcsidcutial districts scction of the Comprehensive Plan, light office uses may be appropriate in limited circumstances and at the discretion of Citv Counci1." Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 The residential section (page 101) that the previous underlined text refers to reads as follows: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or section line road and is 3 acres or less in size. In this instance, no ancillary commercial uses shall be permitted." Staff believes that the applicant has interpreted the underlined portion ofthe above text to mean that office uses may be appropriate in limited circumstances in residential zones, and that residential uses would also be appropriate for property with an office designation. Staff disagrees with this interpretation and asserts that the intent of this underlined portion was to state that other office areaslzoning may he allowed in residentially designated areas, at the discretion ofthe Council, not that residential areas/zoning may be allowed in office designated areas. Further, the intent was to allow the redevelopment of properties designated "Public/Quasi-Public," so long as the proposed use(s) are compatible with adjacent zoning districts. Such a request was only intended to be an option upon redevelopment of the subject property. The intent ofthe Amendment was not to change what is allowed in areas with a Comprehensive Plan designation of "Office." Staff believes that only commercial uses should be allowed in areas designated as office on the Comprehensive Plan Future Land Use Map, unless the zoning is already in place. Even if the applicant's interpretation were accurate, which Staff maintains is not the intent of the last sentence of the Office defmition, this property is designated "office," not "residential," is greater than 3 acres in size, and does not have frontage on an arterial or section line road. Further, the Planning & Zoning Commission recently acted on a Comprehensive Plan Text Amendment that clarifies the intent of the "Office" definition. With that being said, UDC 11-2B-2 currently lists multi-family developments as a conditional use in the L-O zone. However, in order to be eligible to apply for a conditional use permit for multi~family, the property would need to already be zoned L-O, and again, the Comprehensive Plan text does not support residential uses on property with an office designation, only those already zoned L-O. Staff believes that wht:n property is annexed into the City, it is appropriate to have the requested zoning designation closely match the requested land use (please see the Purpose Statement of Zone in Section 9 below). Otherwise, as was the case with the previous Zoning Ordinance and land use exceptions, the zoning map becomes an inaccurate depiction of what land uses are actually allowed for individual properties. Following this train of thought, the applicant should be requesting R-8 or R.15 zoning to coincide with the proposed multi- family development; both R.8 and R-15 districts are inconsistent with the Future Land Use Map. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control; UDC 11-2B-2 lists multifamily developments as a Conditional Use in the L-O zone. b. Purpose Statement of Zone: The purpose of the 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. (~:OTE: There is no mention of the commercial districts providing for the residential needs of the community.) 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATIONlREZONE ANAL YSIS: Based on the "office" designation on the Comprehensive Plan Future Land Use Map and the text noted above on page 106 detailing the type of development encouraged within this land use category, Staff believes that annexing the subject property and rezoning it to L-O for the purpose of constructing a multi-family residential development does not comply with the desired future land use on this property. Staff believes that Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 5 CiTY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2, 2006 the proposed zoning of L-O is appropriate for this site, but that the land use associated with the development of this site (multi-family) is not appropriate. Please see the Comprehen~ive Plan analysis above in Section 8 and Exhibit D for a detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (prepared on February 17, 2006 by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. PRELIMINARY PLAT ANALYSIS: Staff believes if the following conditions are met that the preliminary plat and landscape plan will meet the minimum requirements of the UDC. Staff belicvcs that thc dcsign of the plat is in general conformance with the UDC. However, Staff believes that this is the wrong site for this development. Staff is providing this analysis, should the Commission and Council fmd that approval of the development is in the best interest of the City. 1. Lam.l:sl,;apiIl/;l;; Tht: applil,;ant is proposing to sd aside 0.765 acre (16.36% of the property) for open space which will include a 2,000 square foot clubhouse for the use of the residents. The plan appears to meet the open space requirements stated in UDC 11-4- 3.27C. Staffis supportive of the design and amenities of the proposed open space. Detached sidewalks with curb and gutter are proposed within the development adjacent to the public streets with trees planted within the parkways on Lots 1-7, Block 1. Attached sidewalks with curb and gutter are proposed adjacent to the public streets on Lot 1, Block 2 and along the north side ofE. Magic View Drive. Staffis supportive of this design. A 20-foot wide landscape buffer is required per UDC 11-2B-3 along the west, north, and east property boundaries adjacent to the existing single-family residential uses and shall comply with the standards listed in UDC 11-3B-9. Additional trees are required in these buffers to result in a barrier that allows trees to touch at the time of tree maturity. A lO-foot wide landscape street buffer is required along E. Magic View Drive and the local public streets within the development per UDC 11-3B-7B. Trees are required at one per 35 lineal feet within the street buffer. Fencing is prohibited within this buffer but may be allowed at the interior edge of the buffer. All street buffers shall be located within a common lot, maintained by the homeowners owners association per UDC 11-3B-7C2. All landscaping must comply with UDC 11-3B: Landscaping Requirements. All drainage areas must comply with UDC 11-3B-11 and shall be designed to free-drain with no standing water within 24 hours of the completion of a storm event. Mitigation shall be required for all existing trees that are 4-inch caliper or greater that are removed from the site in accordance with UDC 11-3BIO. Submit mitigation information for any of the existing trees on site that are removed that are not exempt per UDC 11- 3B 1 OC5b on the landscape plan submitted with the final plat application. 2. Common Areas: Maintenance of all common areas shall be the responsibility of the Waverly Place Home Owners' Association. 3. Common/Private Drives: The units on Lots 3 & 5, Block 1 are proposed to take access from private drives extending from the public street system within the development. As shown, the drives do not meet the requirements of a common drive listed in UDC 11-6C- 3D. The UDC requires all properties that abut a common drive to take access from the common drive. Further, the number of dwelling units that can take access from the Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 common drive is limited to a maximum of 4 dwelling units. If these accesses are proposed to be private streets, the applicant shall comply with UDC 11-3F Private Street Requirements and submit a Private Street application. Currently, these access drives do not meet the UDC requirements for common drives or private streets. 4. 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 UDC 11-3A-15 and MCC 9-1-28. 5. Fencing: A 6-foot tall vinyl fence is shown along the west, north, and east boundaries of the subdivision on the landscape plan A 3-foot tall wrought iron fence with stucco pilasters is shown along the south boundary adjacent to E. Magic View Drive; this fence must be constructed on or beyond the interior edge of the street buffer. Fencing details shall be submitted with the on the landscape plan with the final plat application. Perimeter fencing must be installed prior to issuance of building permits. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 6. Magic View Drive: The applicant will be required to vacate or improve the northern portion of the unopened right-of-way of the current cul-de-sac ofD. Magic View Drive at the southeast property line as the cul-de-sac will no longer be needed if E. Magic View Drive is extended to connect to the stub in Woodbridge Subdivision. 7. Sidewalks: Sidewalks are required and shall be constructed along both sides of the internal streets and along the north side of E. Magic View Drive in accordance with UDC 11-3A-17. 8. Stub Streets: There is an existing stub street from Greenhill Estates Subdivision that borders the subject property at the northeast boundary. In the future, when this roadway stub is extended, it will lie directly adjacent to Lot 5, Block 1. The proposed layout does not account for this future roadway extension and creates an inefficient use of the land, and double-fronted lots. The design of this site should allow for connectivity in the future to this stub street extension. 9. Dimensional Requirements of the L-O Zone: The maximum building height for the proposed buildings for this site is listed on the application form as 40 feet; however, the applicant states that the maximum building height will only be 35 feet per requirement of the zone. Per the L-O zone, the maximum building height allowed shall be 35 feet. The proposed development appears to meet the minimum dimensional standards required in the L-O zone. 10. Ditches, Laterals. and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. CONDITIONAL USE PERMIT ANALYSIS: 1. Multifamily Standards: UDC 11-4-3.27B: Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAPF REPORT FOR THE HEARING DATE OF NOVEMBER 2, 2006 a. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is otherwise required by the UDC. The building envelopes shown on the site plan appear to meet the minimum setback requirements stated. However, as mentioned in the Preliminary Plat Analysis, Landscaping, above, a 20-foot wide land use bl1:fJer is required to adjacent residential districts. This impacts the proposed building locations on this site. b. Service areas: On-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. The site plan does not show trash receptacles. The applicant should include this information on a revised site plan and obtain approval from Sanitary Service Company for location of any dumpsters. c. Private. usable open space: A minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. Staff does not have adequate information to determine if the project complies with this standard as submitted. The applicant should clarifv at the hearin!! if the proposed development meets the minimum amount of open space required. d. Developments with 20 units or more shall provide the following: A property management office, a maintenance storage area, a central mailbox location, and a directory and map of the development at a convenient location. This development does contain more than 20 units; however, the applicant has not shown any of the afore-mentioned items on the site plan. e. Covered Parking: UDC 11-3C-6 requires that multifamily developments shall provide parking as follows: for 1 bedroom units, there shall be two parking spaces with one in a covered carport or garage; and for units with more than one bedroom. 2 parking spaces shall be provided in a covered carport or garage. The applicant has not specifically proposed any covered parking; however the submitted floor plans show garages on the multifamily buildings. Staff is unsure if the earaees contain 1 or the required 2 parkin!! spaces per unit: the applicant shall clarifv this at the hearine. f. Amenities: UDC 11-4.3.27 requires that multi-family developments between 20 and 75 units provide 3 amenities from separate categories (i.e. quality of life, open space, or recreation). The project complies with this standard as submitted, by providing the Iollowing qualifYing amenities: 1. walking trails (recreation), 2. grassy area of at least fifty jeet by one hundred feet in size (open space), 3. clubhouse with a fitness room (quality of life), and 4. children's play structures (recreation). 2. Open Space: Common open space for the development shall meet the requirements of UDC 11-4-3.27C which requires that open space be provided at the following rates: 150 square feet for each unit containing 500 square feet or less of living Rpace; 250 Rquare feet for each unit containing more than 500 square feet and up to 1,200 square feet of living space; and 350 square feet for each unit containing more than 1,200 square feet of living space. Eligible common space shall not be less than 400 square feet in area and shall have a minimum length and width of 20 feet. Eligible common space shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at lest four feet in height. The project appears to comply with this standard. Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2, 2006 3. Landscaping: Landscaping for this development shall meet the minimum requirements of UDC 11-3 Regulations Applying to all Districts, and the multi-family development landscaping requirements of UDC 11-4-3.27. 4. Refuse Areas: The site plan submitted with the application does not show dumpster locations. The applicant should coordinate with the Sanitary Services Company (SSC) for approval of all dumpster locations. All proposed refuse areas shall be located in an area not visible from a public street, or shall be fully screened from view from a public street per UDC 11-4-3.27. If the units are pulling their refuse to the curb, SSC will not use private streets or common drives for access. Therefore, a pad should he constructed for these areas, along the public street. 5. Multi-familv BuildinQ: Size: If the overall building size of the multi-family units exceeds 10,000 square feet, the structures will be subject to the design standards in UDC 11-3A- 19. Staff does not have the square footage of each of the buildings. However, the elevations submitted appear to meet the design standards, which are very similar to those required with multi-family developments, jfthe buildings exceed the above noted size. 6. Elevations: Scaleable or dimensioned building elevations for the development are required showing construction materials. Elevations are required to meet the architectural standards set forth in UDC 11-4-3.27E. The elevations appear to comply with the architectural standards. If approved, full compliance with the elevation requirements cited above, and the elevations submitted with the subject CUP, will be required with the future issuance of CZC 's on this site. 7. Certificate of Zoning Compliance: A Certificate of Zoning Compliance (CZC) is required prior to issuance of building permits for the multi-family and clubhouse buildings proposed within this development. The multi-family units may be combined in one CZC or submitted separately for approval. b. Staff Recommendation: Staff recommends denial of the subiect applications. AZ-06-047. PP-06. 049. and CUP-06-030 bascd on thc comments statcd in the staff report rCllardinll compliance with the Comprehensive Plan and the Findings of Fact as listed in Exhibit D. 11. EXIIIDITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: October 3, 2006) 3. Landscape Plan (dated: October 2,2006) 4. Sitc Plan (datcd: July 12, 2006) 5. Elevations (dated: July 12, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Firc Dcpartmcnt 4. Police Department 5. Parks Department 6. Sanitary Service Company Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 9 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 7. Ada County Highway District 8. Idaho Power Company C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code 1. Annexation Findings 2. Preliminary Plat Findings 3. Conditional Use Pennit Findings Waverly Place Subdivision AZ-06-47, PP-06-049, CUP-06-030 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 A. Drawings 1. Vicinity Map I r I j 1 i lrrr I ( r ._J ~Tml -U ~ I II ' ,,~ t ~ 0.- - - I (~l~,~ V--; 11= Tj I , y><\U i ~_~ U I If" ~ '\// II I I T \\i ~ - B" ~. l>~i 1:\, t Ir~ ,_ - .... 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Landscape Plan (dated: October 2, 2006) i iil' + 11 i"'" . =~^;:~.o'!t~- ... '~ rt;li i:....n;~~S..:....::.J.... I il LulJlJ L_~Ol~~~~~~.~~~~,A~~ I~ _ ~~;;~~;;':~ :,_.. ...~ Il~.!ftl , ~ of., ,:r .~ l HI j '~ I t,:' Ii " L nth :, .llu tI l'-~~".-- r-- I, Ii' JII!i H ,. ". (, t!L,_ ;-l .-1 ~ ~ f . . I I ~.I fi , f! t ~I In ',~ d i'! , ! nl :n d I, ~~;~ ;~ ,-; i (~,ii ~, ~ ,I~, . ~ ;, .' i ~ ,"'. i ~ " ~,. , " ( " \ 1;1 I u.l~': ':, " " I~ (, ,: ; ,,' I~ "..- ~ i ~. 'i' "J " I:. ,-', " '; . ...,'- ,----. i " " , . , .... ~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2, 2006 4. Site Plan (dated July 12, 2006) '~ ;rn ~........ CIIK:XmI~ llIIlNI::l -....- I ~...,!f,f ;~~~ "-"- - ,....- ~."-.. :...... ~=-.w:I:'iI2CO. lI!U: ~ a..::r,m,o ',-'." "'-"WhIIO "' ."..,,BftII4lIIIICM ~ ~ ..........., IV'gj ~ '-CJt'lJO)l~ _ _~~. I I 'ii l.- I'" .8':1 I ill IU I.. I , ~.i . .1.. ,It. 1.-.:... ~. .~...... .......... --- t.f1I!f}J,.'WI!'-.w"....IiIMr-.......- "I~ -';1 ~ "t l I ~ i- ; Exhibit A II ~J' 'I l~t Ir I It II rlq l'uHlIfI II j: .II~: I !'*l t r I:. I! Ii; ; '~I !h!~. Hi~illlul I r I : I : . I l~ r I ,I I 'j : 1 ,: ! t ' 1'1 I' I I ~ 411 - :1 'h r~'~I'lll l~j/ III &! ip W R ,11'i . iI:tIBIi 51 J~. F~ jii: ~. 5: . ........-.. ~ ....,..... \IIIwl1lllllDWl J:"l It w, , , i'< .. o:l i J l~' r I' j I , ~ !l ';1' .il --:..! ~. }l i d~ It i 'I' l..r~..~ == "';:IWj~,* CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2, 2006 5. Elevations (dated July 12, 2006) :-~ -............., [!~ ~... . ," "" ,< .,.. ~.~_.~ ..._, -1- - ~ ~w. IIlIIIClI.I"l' ......,A~~ ..: ;;,l ~ z.~ O~~ '~h <~S >,~;( ~~~ i ~ CVIU~ CVIIlfJ.'J ~.... '=--=-;:" -- -c:::'':'::-- ---~--....- --- z;::.=--- r:=I ~ ~~~ r ....."...~ ~ LavA:..~ .r."'~~ ~'_. -~-- .,'..-.....<::;:,':0:...... ~L____.. ~-... ~ ~~~ " OJ ~"^' . ~:."~. ., .. ., ~ r:'~l Exhibit A CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 CVtIl~ CVdl4s M...tioB. .... ~-~ -- ~........ ......... ~~~~ -.-.... z.=:......... t::xhibit A "i~~'~ , "" " '" ~....~... ~~.~,~...... ~~ ,- I ~I- - ~~ -.:N.. La"~;~ 'no .n.'. I _.. ~ rw....... ~'.~ , ,,^,""~e1--, /' ' !P- .........?~ ~.:~~:;.. .~: '~.~ :r. Ol: .~ :E Z-i O~~ I=l' < e V..~ ~~" !!.:l: , >t;,< \ ii: I ~ f.... J ~ ij I 'i ~; ~fHl -ill . f B [JJ~t ....~ "." ~''::'.:sr:" r~;~Jl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 b\~~'~"2 II' itRkr.-! Ji~:-'Wl ".-~-~ ~t&--L~ . - - _: - -- " -~! ~~ ~~:i~ ~--~ ~-- _ ~.~ ~~s~ ~~~~~_ ~_ n__'" ....,.,_ '.."".M"'~'""'~ -~ ".. m"' '0"' ..,=~___ t:xhiblt A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 None - Staff is recommending denial of the proj ect. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in E. Magic View Drive. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 There is a sewer main stubbed to this site that the plat does not show as being utilized. The applicant shall coordinate with Public Works staff during plan review an acceptable solution to abandoning this line. 2.3 Water service to this site is being proposed via extension of mains in E. Magic View Drive. The applicant shall bc rcsponsiblc to install water mains to and through tins development, cOOldiuatt: main size and routing with Public Works. 2.4 There is a water main stubbed to this property that the plat does not show bt:iug t:xtt:Illkd. The applicant shall be require to remove the blow-off and install a fire hydrant in this location, unless it is to be extended and connected to provide a looped system. 2.5 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.6 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.7 The applicant has indicated that the Nampa and Meridian Irrigation District will own and operate the pressurized irrigation system in this development, therefore a letter of plan approval shall be submitted prior to scheduling of a pre-construction meeting. 2.8 The Nampa and Meridian Irrigation District requires their pump stations to be placed on a separate lot dedicated to the District. The applicant shall revise the plat to show the proposed pump station to be on a separate lot. 2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not availahle, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.10 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.11 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 2.12 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of-way_ The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.13 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. 2.14 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.15 A drainage plan designed by a State ofIdaho 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. Storm watcr 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. 2.16 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.17 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 [mal plat. 2.18 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. 2.19 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detemuned dUling the plall review proct:ss, prior to signature on the fmal plat. 2.20 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act amI tht: Fair Housing Act. 2.21 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environrnt:ntal Prott:ction Agency. 2.22 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be requirt:u by tht: Army Corps of Engineers. 2.23 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or Ilt:ar siut:walk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.24 Compal,;tioIl tt:st rt:sults shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.25 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above_ Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 2.26 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fIre hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 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 testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 fcet ofthc projcct. 3.3. Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 Ibs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.4 Operational ftrc hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.5 Commercial and office occupancies will require a frrc-flow consistent with the hltemational Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 The proposed multi-fan1ily lot has an estimated units with a total estimated population of residents at build out The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.7 The frrst digit of the Apartment/Office Suite shall correspond to the floor level. 3.8 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s ). 3.9 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). Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAPP REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 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). 3.10 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.11 There shall be a fire hydrant within 100' of all fire department connections. 3.12 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D1 05_ 3.13. Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.14. Pool chemicals shall be stored in compliance with the International Fire Code. 4. POLICE DEPARTMENT 4.1 The proposed multi-family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 4.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.3 Locate address signs tor Lots 3 & 5 at the entrance to these lots so that they are viewable from the public street. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 1l-3B~ 1 0) will be followed. 5.3 Irrigation consisting of rainbird high speed gear drive rotors for infields is required for ALL skinned infields on the school property. 6. SANITARY SERVICE COMPANY 6.1 No comments were received from SSC regarding this application. 7. ADA COUNTY HIGHWAVDISTRICT 7.1 SITE SPECIFIC CONIDTIONS OF APPROVAL 7.1.1. The applicant is required to dedicate 50-feet of right-of-way for Magic View Drive by executing a warranty deed oftrust and granting the right-of-way to the District. 7.1.2. Construct Magic View Drive as one half ofa 36-foot street section within 50-feet of right-of-way, complete with vertical curb, gutter and 5-foot concrete sidcwalks on thc north sidc ofthc roadway. 7.1.3. Vacate or improve the unopened right-of-way at the southeast property line. 7.1.4. Construct South Fiddle Way as a 34-foot street section within 50-feet of right-of-way complete with curb, guttcr and 5-foot concretc sidcwalk Providc a minimum 2l-foot strcct section on either side of the island in the entry road. 7.1.5. Locatc and construct thc roadways as 34-foot strcet sections within 50-feet of right-of-way complete with curbs, gutters and 5-foot concrete sidewalks. 7.1.6. Comply with all Standard Conditions of Approval. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 7.2. STANDARD CONDITIONS OF APPROVAL 7.2.1. Any existing irrigation facilitit:s shall be relocated outside of the right-of-way. 7.2.2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3. All utility relocation costs associated with improving street frontages abutting the site shall be bomt: by the developer. 7.2.4. 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 3~7~6280 (with tile number) for details. 7.2.5. Comply with the District's Tree Planter Width Interim Policy. 7.2.6. 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 tile numbers) for details. 7.2.7. 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. 7.2.8. 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_2_9_ 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. 7.2.10. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Thc 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 Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or thc 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. 7.2.13. 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 subj ect property unless a waiver/variance of said requirements or other legal rdit:f is grantt:d pursuant to the law in effect at the time the change in use is sought. 8. IDAHO POWER COMPANY 8.1 The applicant shall contact the Idaho Power Company Operations Center with a formal request for service for this property. Existing infrastructure may possibly need to be upgraded in order to provide electrical services to this development. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2, 2006 C. Legal Description & Exhibit Map II IDAHO SURVEY GROUP 1450 Ea5( Watertower st. Suire 150 Mendian, Ida h." 83642 Phone (208)846.8570 Fu' (208) 884-5399 Prqject No_ 05-319 February 17,2006 AnDexatioD Des~riptioD LDt 6, AmeDdedMlilgie View SubdiVJsioo Proposed Village Villas SubdivisiOD Lot 6 of Amended Magic View Subdivision and a portion orE. Magic View Drive located in the South 1/2 of the NE 1/4 of Section 17, T.3N., R.IE., B.M., Ada County, Idaho, as same is recorded-in Book 52 of .Plats at Page 4445, recorlh of Ada County, Idaho, more particularly described <u; follows; Commencing at the East 114 comer of said Section 17, from which the Northeast comer of said section bears Nonh 00"22'14.' West. 2652.96 feet; Thence North 00"12'14" West, 1326.39 fee!; Thence North 89"57'30" West, 2088.1& feet to the Northeast comer of said Lot 61ying.OIl the South boundaiyofGreenhill Estates Subdivision No.2, as same is recorded in Book 35 of PlatS at Page 3002, records of Ada County. .Idaho, said point being the REAl, POINT OF BEGINNING. Thenc;c along lht: Ea5t line of said Lot 6 and sajdJine extended South 2015'12" West, 510.79 feet to a point on the North lille of Lot 7 of said Amended Magic VieY.' Subdivision: Thence along said North line North 80~08'34" West, 490.83 feet to a point on tbe East boundary of Snorting Bull Subdivision Phase 2, lIS Same is recorded in Book 84 o(Plats lit Pllge9318, records vf Ada Count)', Idaho; Thence North 00022'32" East, 426.74 feet to the Northeast comer of said subdivision l)'ing on the Southboundill)' ofOreenhiU Estates Subdivision. asS!lJTle is recorded in Book 35 of Plats at Page 3000, reCords of Ada County, Idaho; 'l"hellce along the said .Southboundary .llll.l till: South boundary of said GreenhIll SubdivisionNo.l South 89051'30" East, 500.87 r~:.et to the Point of Beginning. Containing 5.30 acres. more or less. f(fj"#-~~ ~.. j\JL \ 1 ?OO~, ~~~b~Wc Professional tand Survey.,r$. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2, 2006 t fJ C B I , '~I ,. 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'J:.'" i".r.ll' W A VERL Y PLACE SUBDIVISION PROPOSED MERIDIAN ANNEXATION EMII/IIEER/'B SOLUTlO.Sw i l'll;,;Oll 01/14/!le IIlIl> ....."" :;1201 ~HIV 1 of 1 1-."';;;,"'1-0.."", ^ 1lE~ OF tOT 6, AW<<D w.GCYIEI'l SL\ll:lYISIOO lOtArw 1/1 lit S\I 1/4 Or"lIE NE 1/4. or S[CTIOII 17. nIL KIL, !l.I\L lI'lOOWi, A[ll, COUNrt, 1Iwio.. 1&:,11 [!:.MlDfS s:nlf.'E":'..EWfI'E'.9 , CNlU:. """'" ' 830;16, -l*l,-,!,~:r..{2IrIQ_, ,I Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Conncil 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 subj ect property to L-O. Staff finds that the proposed zoning map amendment complies with the Comprehensive Plan Future Land Use Map; however, the proposed multi-family development does not comply with the type of land use desired in the Office designation. Please see Comprehensive Plan Analysis, Section S, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that multi-family residential developments are listed as a Conditional Use in the 1,-0 zone per UDC Table 11-2B-2. If the applicant revises the plat to reflect the comments stated in the analysis section of the staff report, the development should meet the standards of the L-O zone for the proposed use. However, the purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. The Comprehensive Plan does not support residential uses within the Office designation (see Section 8 of the staff report). 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment and subsequent development of this property will not be detrimental to the public health, safety, or welfare. Staff rccommcnds 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 pnblic 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 is in the best of interest of the City (UDC 11-5B-3.E). 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. Further, although the proposed multi-family development resulting from an L-O zoning amendment would provide a good transition between the existing single-family homes and the future commercial development to the east, Staff finds that the proposed use does not comply with the City's Comprehensive Plan. Because of this, Staff [rods that Annexation and Zonim! of this propertv to L-O for a multi-familv development would not be in the best interest of the City. Exhibit D CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2, 2006 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Staff finds that the proposed use of the property as a multi-family development does not comply with the adopted Comprehensive Plan for the reasons listed in the Comprehensive Plan Analysis, 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 can be made available to acconunodate the proposed development. 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 pnblic financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon conunents from the public service providers (i.e., police, fire, ACHD, etc.) to determine this finding_ (See fmding items 3 and 4 above under Annexation Findings, and the Agency Comments and Conditions in Exhibit B for more detail.) 4. The 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 be brought to the Councilor Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Conunission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 5. The development preserves significant natnral, 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 determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 UDC 11.5B-6E: Conditional Use Findings The Commission and Council shall rt:view the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: A. That the site is large enough to accommodate the proposed use and meet aU the dimensional and deyelopment 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 UDC. B. 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 proposed multi-family residential use does not meet the objectives of the Comprehensive Plan as listed in Section 8 of this report, although multi-family developments are listed as a conditional use in the L-O zone per the UDC for property that is already zoned L- O. Sincc this propcrty is not currently zoned L-O, the Comprehensive Plan does not support the proposed residential use. C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The building height, parking layout, landscape buffer widths (as revised per staff comments), and other dimensional standards shown in the application generally comply with the UDC. D. That the proposed use, if it complies with aU conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds that the proposed development may not adversely affect other property in the vicinity if the applicant complies with all comments listed in the analysis section of the staff report and constructs all improvements and operates the use in accordance with the UDC standards. However, this property was designated as "Office" on the Future Land Use Map to serve as a transitional nse between the single-family homes to the west and north and the more intense commercial uses to the southeast. The intent uf the Cumprehensive Plan designation will not be realized if the proposed nse is approved, and it may adversely affect other properties in the vicinity. Traffic volumes will increase with this development; ACHD has reviewed the application and placed special conditions on the applicant. E. That the proposed use will be served adequately by essential pnblic facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Staff finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Meridian Fire Department and other agencies. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 F. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Staff finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City_ The applicant and/or future property owners will be required to pay highway impact fees. G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 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. Staff recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will he detrimental to the general welfare of the public. Staff finds the future buffer between land uses along the property boundaries adjacent to residential uses will help to mitigate noise, fumes and glare created by the additional traffic. H. That the proposed use will not resnlt 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 importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D