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HomeMy WebLinkAboutShaylee Estates CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 HEARING DATE: August 21, 2007 ---~ /' '''''.'" .~ " I....7VLcridz::n't; '\ \~ Il)AHO STAFF REPORT TO: FROM: Mayor & City Council Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Shaylee Estates . RZ-07-0ll Request for Rezone of 0.77 of an acre from C-C (Community Business) to O-T (Old Town), by Tealey's Land Surveying. . PP-07-0l0 Request for Preliminary Plat approval of2 office building lots, 6 single-family residential building lots, and 1 common lot on 0.77 of an acre, by Tealey's Land Surveying. . CUP-07-01O Request for Conditional Use Permit approval to construct 6 townhomes in a proposed 0- T zone that do not meet the criteria of the Downtown Meridian Design Guidelines, by Marc Johnson. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST Tealey's Land Surveying has applied for a Rezone (RZ) of 0.77 of an acre from C-C (Community Business) to O-T (Old Town). A Preliminary Plat (PP) is also requested for approval of 2 commercial office building lots, 6 single-family residential building lots, and 1 common lot on the property. Concurrently, Marc Johnson is requesting Conditional Use Permit (CUP) approval to construct 6 townhomes in the proposed 0- T zone that do not meet the criteria of the Downtown Meridian Design Guidelines (DMDG). Per UDC ll-2D-4D3, any applications that do not meet the criteria in the DMDG shall be subject to a CUP. The CUP request is only for the six easterly, single-family building lots; any future renovation of existing structures will be done under the requirements of the 0- T district and will be subject to compliance with the DMDG in effect. The site is located on the east side of N. Meridian Road, approximately 1,4 mile south of E. Fairview Avenue. The site consists of two properties currently addressed as 1402 and 1414 N. Meridian Road. Currently, there are two single-family homes and associated outbuilding on this site. The subject property is currently located within the Urban Service Planning Area and the corporate boundaries of the City. 2. SUMMARY RECOMMENDATION The subject applications (RZ, CUP, & PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Rezone, Conditional Use Permit and Preliminary Plat applications. Staff is recommending approval of the proposed Shaylee Estates development (RZ-07-011, CUP-07- 010, & PP-07-010) with the conditions listed in Exhibit B of the Staff Report. The Meridian Plannine & Zooin!! Commission heard these items on June 7. 2007 and Julv 5. 2007. At the public hearin!! on July 5. 2007 they moved to recommend approval to City Council of the subject RZ. PP. & CUP reauests. Shaylee Estates RZ PP CUP PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 a. Summary of Commission Public Hearine:: i. In favor: Andrew Davis. BRS Architects (Applicant's Representative): Mark Johnson (Owner/Applicant): Bond Campbell (property owner to south) ii. In opposition: None iii. Commentine:: Susan Hadley iv. Written testimony: None v. Staff presentine: application: Sonya Watters vi. Other staff commentine: on application: None b. Kev Issue(s) of Discussion bv Commission: i. Construction of a private street and sidewalk from Meridian Road to the townhouse units on Lots 2. 3. 4. 6. 7. & 8. Block 1: ii. Location of trees within the common lot on Lot 5. Block 1 outside of the future sewer easement f:. Kev Commission Chang:e(s) to Staff Recommendation: i. Modifv condition of approval #1.2.2 to state that no new trees may be located within the sewer easement. However. the trees may be located on the common lot if they are outside the easement: ii. Strike condition of approval #1.2.10. which requires a 25-foot wide buffer adjacent to Meridian Road (buffer is not required in the 0- T district). d. Outstanding: Issue(s) for City Council: i. Update: Since the Commission hearine:. the Applicant submitted a Certificate of Zoning: Compliance application for Talon Construction 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ.07- 011, CUP-07.0 1 0, & PP.07 -010 as presented in staff report for the hearing date of August 21, 2007 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-07- 011, CUP-07-01O, & PP-07-01O as presented in during the hearing on August 21, 2007 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat and conditional use permit. You must state what the applicant could do to gain your approval of the CUP in the future.) Continuance I move to continue File Numbers RZ-07-01l, CUP-07-01O, & PP-07-01O 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: 1402 & 1414 N. Meridian Road (Parcel #'s R6129020550 & R6129020531) NW l;4 of Section 7, Township 3 North, Range 1 East b. Owner: Marc J ohoson 1402 N. Meridian Road Meridian, ill 83642 Shaylee Estates RZ PP CUP PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 c. Applicants: Tealey's Land Surveying (RZ & PP) 187 E. 50th Street Garden City, ill 83714 Marc Jolmson (CUP) 1402 N. Meridian Road Meridian, ill 83642 d. Representatives: Donna Dodson, Tealey's Land Surveying (RZ & PP) Andrew Davis, BRS Architects (CUP) e. Present Zoning: C-C (Community Business) f. Present Comprehensive Plan Designation: Old Town g. Description of Applicant's Request: "BRS Architects on behalf of Talon Construction is requesting a CUP to construct 6 townhomes in the O-T district, which deviate from the requirements of the Design Guidelines. The property is currently two lots in the C-C district, each with an existing structure which will remain but will be subdivided into 9 separate lots and rezoned to the O. T district. The two re-defmed westerly lots will have new parking areas developed behind the existing structures that remain but the buildings themselves will not be modified. The townhomes will be developed on the 7 lots to the east. The CUP application only considers the 7 easterly lots. Any future renovation ofthe existing structures will be done under the requirements of the 0- T district. The design guidelines for the O-T district primarily address commercial structures fronting the street and do not adequately address residential uses or account for structures located behind those fronting on the street. The proposed townhouses are located more than 140' from the street and are behind the two existing structures which will remain. The new buildings have been designed to create interest through modulations of the roof line and fayade as well as a mix of stone, wood siding and shingle fmish materials. This design should fit in well with the intent of the district and will be a positive addition to the area. We not meet, however, some of the requirements of the district for glazing area, balcony heights and parapets which are not readily achievable in residential structures and which may not be applicable to buildings located in the rear of a development." (See Applicant's letter for more detail.) 1. Date of Site/Landscape Plan (attached in Exhibit A): March 13, 2007 2. Date of Preliminary Plat (attached in Exhibit A): March,2007 3. Date of Building Elevations (attached in Exhibit A): March 13, 2007 5. PROCESS FACTS a. The subject application will in fact constitute a Rezone as determined by City Ordinance. By reason of the provisions ofUDC 11-5A-2, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a Conditional Use Permit as determined by City Ordinance. By reason of the provisions of UDC 11.5A-2, a public hearing is required before the Commission and City Council on this matter. c. The subject application will in fact constitute a Preliminary Plat as determined by City Ordinance. By reason of the provisions of UDC 11.5A-2, a public hearing is required before the Commission Shaylee Estates RZ pp CUP PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 and City Council on this matter. d. Newspaper notifications published on: June 18,2007 and July 2,2007 (Commission); July 30. 2007 and AU2ust 13. 2007 (Citv Council) e. Radius notices mailed to properties within 300 feet on: May 29,2007 (Commission); July 27. 2007 (Citv Council) f. Applicant posted notice on site by: May 17, 2007 (Commission); July 24. 2007 (City Council) 6. LAND USE a. Existing Land Use(s): There are two single-family homes and associated outbuildings on the site. The home on the property at 1402 N. Meridian Road is currently being used as an office for Talon Construction Company (Note: the property has not received Certificate of Zoning Compliance approval for a change in use from residential to office.) b. Description of Character of Surrounding Area: The general area surrounding this site consists primarily of residential uses, with a beauty salon, a church, and a ceramic store (Kock-a- Doodles). c. Adjacent Land Use and Zoning: 1. North: Commercial property, zoned C-C 2. East: Commercial property and residential mobile home park, zoned C-C 3. South: Residential property, zoned C-C 4. West: Residential properties, zoned R-4 d. History of Previous Actions: . This property consists of a portion of Block 4 ofF. A. Nourse's Third Addition subdivision. . This property was previously rezoned to C-C (date unknown) e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property is proposing to sewer to mains located near the east property line of the project. Location of water: This property is proposing water service to mains located in N Meridian Road. Issues or concerns: None 2. CanalslDitches Irrigation: 3. Hazards: None known 4. Proposed Zoning: O-T (Old Town) 5. Size of Property: 0.77 of an acre f. Landscaping 1. Width of street buffer(s): A 25-foot wide buffer is required along N. Meridian Road in accordance with the standards listed in UDC ll-3B-7C. 2. Width ofbuffer(s) between land uses: A buffer to adjoining uses in not required in the proposed O-T zone per UDC ll-3B-9C. Shaylee Estates RZ PP CUP PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 3. Parking Lot Landscaping: Perimeter and internal parking lot landscaping is required on Lots 1 & 9 in accordance with the standards listed in UDC 11-3B-8C. Perimeter and internal landscaping on Lots 1 & 9 will be reviewedfor compliance with UDC standards with submittal of the Certificate of Zoning Compliance application. (Note: The parking stall dimensions shown on the site plan do not meet the dimensional standards listed in UDC 11-3C-5.) g. Off-Street Parking: UDC ll-3C-6 requires single-family dwellings with more than 1 bedroom to have 2 parking spaces per dwelling unit in an enclosed garage with a 20 foot x 20 foot parking pad between access and garage. The site plan shows concrete driveways for each of the units that exceed the afore-mentioned size requirements. h. Summary of Proposed Streets and/or Access: Access to the site will be provided from N. Meridian Road. The applicant is proposing to construct a 20-foot wide driveway within an ingress/egress and public utilities easement for access to the parking area for the commercial uses and the townhomes. ACHD and Staff are supportive ofthe proposed location of the driveway. Driveways are also stubbed to the properties to the north and south for future connectivity. However, for addressing purposes, Staff is requesting that the proposed driveway be approved and constructed as a private street (see comments and conditions stated in Section 10, Analysis, and Exhibit B of this report.) 7. COMMENTS MEETING On May 18,2007 ajoint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Old Town" on the Comprehensive Plan Future Land Use Map. The Applicant is proposing to rezone the property to 0- T (Old Town), which is compatible with this designation. Old Town is defined in the Comprehensive Plan as follows: "This includes the historic downtown and the true community center. Uses would include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, new construction of multi-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical character, specific design requirements may be imposed. Pedestrian amenities would be emphasized. Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and recreational structures would be encouraged. The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings." Staff finds that the proposed Rezone complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): . Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1, page 111). When the City established its Area of City Impact, it planned to provide City services to the subject property. The subject property is already within the corporate boundaries of the City Shaylee Estates RZ PP CUP PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 and the two existing homes are already serviced. The City of Meridian plans to provide municipal services to the lands proposed to be developed in the following manner: );> Sanitary sewer and water service will be extended to the project at the developer's expense. );> The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. );> The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD ). );> The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. );> The subject lands are currently serviced by the Meridian School District No.2. This service will not change. );> The subject lands are currently serviced by the Meridian Library District. This service will not change. . Promote development of Old Town and encourage infill development (Chapter IV, Goal II, Objective D, page 28). The subject application proposes to develop an infill property located within the downtown area that contains two existing homes, which will be retained for commercial office property. The remainder of the property will be developed with 6 residential townhouse units. . Encourage infill development in vacant/underdeveloped areas within the City over fringe area development to halt the outward progression of urban development (Chapter V, Goal I, Objective A.3, page 39). The subject property is currently an underdeveloped piece of land that lies within the City's Old Town designated area. The subject application proposes to develop the property with more intense uses, a mix of residential and commercial office uses. Staff believes that by providing both residential and commercial opportunities within the downtown area, this will slow the outward progression (sprawl) qfurban development. . Require all commercial and industrial businesses to install and maintain landscaping (Chapter V, Goal III, Objective D, Action 3, page 43). The commercial (office) portion qf this property (Lots 1 & 9) will be required to install landscaping as follows: A 25-foot wide landscape buffer is required adjacent to N Meridian Road and internal parking lot landscaping is required (see Section 10 Analysis and Exhibit B of this staff report). . Encourage residential infill to utilize existing services (Chapter VII, Goal IV, Objective C, page 113). The proposed residential portion of this development will utilize existing services in this area. . Support a variety of residential categories (low-, medium~, and high-density sing1e~family, mu1ti~family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The proposed townhouse units will assist in providing a variety of different housing types within the City. . Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1, page 113). Shaylee Estates RZ PP CUP PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 Staff believes that the proposed office uses of the front portion of the property are more compatible with existing residential uses to the south and west and will not be as intense as other types of commercial uses that could be permitted in Old Town. Staff believes that the proposed residential use of the property for townhomes will be compatible with the adjacent land uses. Staff believes that the proposed 0- T zoning of the property complies with the Comprehensive Plan Land Use Map designation of Old Town. Further, Staff believes that the proposed use of the property will be compatible with the other uses in the area and the intended character of the Old Town area. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: UDC Table ll-2D-2lists the principal permitted, accessory, and conditional or prohibited uses in the 0- T zoning district. The proposed townhouse dwellings and professional services (offices) are listed as principal pennitted uses in the O-T zone. b. Purpose Statement of the Traditional Neighborhood Districts: Per UDC 11-2D.I, the purpose of the traditional neighborhood districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential proj ects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping needs of the residents. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: REZONE: Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Old Town, Staff believes that the requested O-T zone is appropriate for this property. Please see Exhibit D for a detailed analysis ofthe required facts and findings for a rezone. The rezone legal description submitted with the application (stamped on February 2, 2007 by Patrick A. Tealey, PLS) is accurate and meets the requirements of the City of Meridian and Idaho State Tax Commission. UDC ll-5B-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement (DA) with the City of Meridian that may require some written commitment for all future uses. Due to the development standards of the Old Town district, Staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties. If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: . The applicant shall comply with all standards in the Downtown Meridian Design Guidelines upon development and any proposed improvements to existing development Shaylee Estates RZ PP CUP PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 on Lots 1 and 9 (the future office lots) along N. Meridian Road, such as fa1;ade improvements and/or building additions. . Obtain CZC approval for Talon Construction Company currently in operation on the southern property proposed as Lot 9, prior to issuance of any future CZC's on this site. (Note: Contractor's yard is a prohibited use in the 0- T zone.) . A Certificate of Zoning Compliance is required prior to issuance of building permits for any and all of the proposed townhouse units within this development. All structures must substantially comply with the elevations submitted with this application. The Applicant is not required to comply with the Downtown Meridian Design Guidelines for the townhouse units proposed at the rear of the property. NOTE: A CZC application may include all townhouse structures within the development. CONDITIONAL USE PERMIT: The Applicant is requesting a Conditional Use Permit (CUP) to construct 6 townhouse units in a proposed 0- T zone that do not meet the criteria of the Downtown Meridian Design Guidelines (DMDG). Per UDC ll-2DAD3, any applications that do not meet the criteria in the DMDG shall be subject to CUP approval. The CUP request only applies to the structures proposed on the easterly, residential building lots (Lots 2, 3, 4, 6, 7, and 8), not the proposed office lots (Lots 1 & 9). The Applicant states that any future renovation of the existing structures on Lots 1 & 9 will be done under the requirements of the 0- T district. When the DMDG were drafted, they were intended to apply to new development and any improvements to existing development such as fa1;ade improvements and/or building additions of commercial buildings that are located adjacent to right-of-way. The applicant is not planning to make any improvements to the existing structures proposed for future office use that are located along Meridian Road (Lots 1 & 9), therefore compliance with the DMDG is not required at this time. If improvements are proposed in the future, the structures on these lots and the site shall comply with the DMDG. The townhomes are proposed to be located approximately 140 feet from the street behind the existing structures proposed for office uses. For this reason, Staff does not believe that any of the DMDG pertaining to setbacks, building orientation, building height and form, fa1;ade treatment/entrances/roofs, mid-block pedestrian pathways, streetscape design, street landscaping, and parking apply to the townhouse portion of the development. The elevations submitted by the Applicant incorporate modulations in the roofline and fa1;ade as well as a mix of stone, wood siding and shingle finish materials. Staff believes that the design of the proposed townhouse units will fit well in the Old Town area and will provide a very attractive housing alternative. For the above-mentioned reasons, Staff is in support of the proposed site plan and elevations submitted by the applicant, even though they do not comply with the afore-mentioned design guidelines. Elevations: The Applicant has submitted building elevations for the proposed townhouse units that are included in Exhibit A.3 ofthis report. The townhouses units are proposed to be two stories, 36'2" in height, and the minimum square footage of the structures, excluding the garage, will be 1,400 square feet. The townhouses will contain two or more bedrooms. Building materials depicted on the elevations are as follows: asphalt shingles on the roof, wood siding, cedar shingles for accents on the walls, manufactured stone on portions of the west and front elevations with manufactured stone accents on the west elevation. Staff approves of the elevations and construction materials submitted with this application for the proposed townhouse units. Certificate of Zoning Compliance (CZC): A CZC is required for the change in use of the existing structures from residential to cormnercial. Talon Construction Company is currently operating on the southern property proposed as Lot 9, without CZC approval for a change in use of the property. The applicant should obtain CZC approval for Talon Construction Company Shaylee Estates RZ PP CUP PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 prior to issuance of any future CZC's on this site. (Note: Contractor's yard is a prohibited use in the 0- T zone.) The Applicant shall receive CZC approval prior to issuance of Certificate of Occupancy for the proposed office buildings. Further, a CZC is required prior to issuance of building permits for any and all of the proposed townhouse units within this development. All structures must substantially comply with the elevations submitted with this application. PRELIMINARY PLAT: The Applicant is requesting preliminary plat approval of 2 commercial office building lots, 6 single-family building lots consisting of two sets of 3 townhouse units, and 1 common area lot on 0.77 of an acre. The preliminary plat was prepared by Tealey's Land Surveying and stamped by Patrick Tealey on March 15, 2007. The Applicant is proposing to construct 6 townhouse units on 6 building lots. The gross density for the residential portion of the development is 7.8 dwelling units per acre. There are two existing homes on the lots adjacent to Meridian Road that will be converted from residential to office use in the future. No improvements (i.e. fayade improvements and/or building additions) are proposed for these structures with this application. Dimensional Standards: This site is required to comply with the development standards of the 0- T zoning district listed in UDC 11-2D-4 as follows: A. Maximum building height is seventy-five (75'). The elevations show the proposed townhouse units are 38' 2" in height; no improvements are planned for the existing structures proposedjor office use. B. Minimum number of stories for new construction is two (2). The elevations show the proposed townhouse units are two stories. C. Additional height exceeding the maximum height allowed requires approval through a conditional use permit. The townhouse units will not exceed the maximum height allowed. D. Administrative design review: 1. All new construction and exterior modifications shall be subj ect to administrative design review in accord with the procedures set forth in Chapter 5 ADMINISTRATION of this Title. No new construction or exterior mod!fications are planned for the existing structures proposed for office use; the Applicant is requesting CUP approval for the proposed townhouse units that do not meet the criteria of the Downtown Meridian Design Guidelines as required in UDC 11-2D-4D3 below. 2. The criteria for the administrative design review are set forth in the document "Downtown Meridian Design Guidelines." 3. Any applications that do not meet the criteria in the Downtown Meridian Design Guidelines shall be subject to a conditional use permit as set forth in Chapter 5 ADMINISTRATION. The Applicant is requesting CUP approval with this application for the proposed townhouse units as they do not comply with the afore-mentioned design guidelines. E. Landscaping Requirements: See Chapter 3 Article B LANDSCAPING REQUIREMENTS. Note: The future office portion of this site located on Lots 1 & 9 has not been reviewed for compliance with UDC internal parking and landscaping standards. Review of the internal elements of the site will take place with Certificate of Zoning Compliance approval. (Note: The parking stall dimensions shown on the site plan do not meet the dimensional standards listed in UDC 11-3C-5.) Shaylee Estates RZ PP CUP PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 Existing Structures: The site currently contains two homes and a garage. The existing residences will be retained and converted to offices. All other structures, including the detached garage on the site, shall be removed as proposed prior to release of building permits for this development. Sidewalk: A 5-foot wide detached sidewalk is required to be constructed along Meridian Road, in accordance with ACHD standards and UDC 11- 3A-17. The sidewalk shall be placed within the right-of-way or a public pedestrian easement depicted on the plat. Landscaping: A 25-foot wide street buffer is required along N. Meridian Road and should be landscaped according to the standards listed in UDC 11-3B7C. Said buffer shall be on a common lot or on a permanent easement maintained by the property owner or business owners' association (see condition in Exhibit B). A buffer to adjoining uses in not required in the proposed O-T zone per UDC 11-3B-9C. The new trees proposed within the common area on Lot 5 are located within a sewer easement and are not allowed; existing trees may remain. The site/landscape plan submitted by the Applicant complies with the required street buffer landscaping. The existing buildings are located outside of the required buffer; the existing setback dimensions shown on the plan are incorrect. Fencing: The applicant has indicated on the site/landscape plan that the existing fence is to be removed. No new fencing is proposed on the plan. Because the UDC does not require fencing for this development, Staff is not including a condition as such. Fencing constructed adjacent to the common area on Lot 5 shall not exceed 4 feet in height if closed vision fencing is used. Open vision up to 6 feet in height is allowed as it provides visibility from adjacent homes or buildings (see UDC 1l~3A-7). Cross Access: The applicant is proposing a driveway stub to the properties to the north and south of the site for future connectivity. Staffis supportive of this proposed cross-access. Cross-access should be provided to the properties to the north and south via a note on the plat or a recorded cross~access agreement. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A.15 and MCC 9-1-28. PRIVATE STREETS: The applicant is not proposing private streets within this development. However, Staff is requesting that the proposed driveway from N. Meridian Road to the townhouse units be constructed and designed as a private street for addressing purposes ofthe townhouse units. The Applicant should submit a Private Street application to the Planning Department for staff level approval prior to submittal of the final plat application (see condition of approval in Exhibit B). Per UDC 11-3F -4, all private streets shall be designed and constructed to the following standards: A. Design standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. Shay1ee Estates RZ PP CUP PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 3. Emergency vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction standards: 1. For conversion of an existing facility to a private street at the direction of the Fire Marshal: a. All drive aisles shall be posted as fire lanes with no parking allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer. b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as determined by the Fire Marshal relative to the height and size of the proposed structures that adjoin the private street. c. Sidewalks: A five~foot (5') attached sidewalk or four-foot (4') detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. b. Staff Recommendation: Staff recommends approval ofthe subject applications (RZ-07-011, CUP-07-010, & PP-07-010) based on the Findings listed in Exhibit D and the conditions listed in Exhibit B of this Staff Report for the hearing date of July 5, 2007. The Meridian Planninl! & Zonin!!: Commission heard these items on June 7. 2007 and Julv 5.2007. At the public hearin!!: on Julv 5. 2007 thev moved to recommend approval to City Council of the subiect RZ. PP. & CUP requests. 11. EXHmITS A. Drawings 1. Preliminary Plat (dated: 3/07, stamped 3/15/07 by Patrick Tealey) 2. Site/Landscape Plan (dated 3/13/07) 3. Townhouse Elevations (dated: 3/13/07) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department Shay1ee Estates RZ PP CUP PAGE II CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Shaylee Estates RZ PP CUP PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 A. Drawings 1. Preliminary Plat (dated: 3/07, stamped 3/15/07 by Patrick Tealey) t ~tu# .,:. I ~ ' . t I I II i I I~I i~ . I ."'.1..-, , .' + j~ .....-- "~', .:p~'~"',i '-- ~'#.:=.:- .:=:1.:. , ..1. Exhibit A flRD.JMWiV PLAT Df' SHAYUE SU9OMSIOH A.....".... .. ,,/1....... .. ..... "... M _IA. "". la. u....... -.*~.... 2001 ... .. ",vlfl -..... .. "" g-..- --- .... ....... .- ..--w . .............,~ ~r- .... ___'Or _IIJ~." _..-_-e' --l"'~_ ..~- ..._~....... ~ allllillllll_ atIII...... -......."~ ~ III , II I! !I ....___1IiIIMf ----~- -- . .......-. -....IJI"f" /IIIIIIIIM -- ~~~Irr.:.-r.:.:.. If_ '~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 2. Site/Landscape Plan (dated 3/13/07) tr'.'-..'.---- p",,' . --.....-- "".' , ~ij .(~., '~~~~ "~".: .,." ("" . ~ j /' .........._. .._._.~iiJ.!;;r ---1 .,.~:.t;. c:. "6 '" -~- r- ..--...-t. "\j>li=-7-' liNIT .l.. . ... .,: t,XIS"TINO', 9\,il-Il""-" :'t 6::. 1 ' ,; ;- 0; \';.i 'z I : " " I j ~ I ,1 I .k" " . '...1/ "y, . I 1'1- Yo" 1',\'-/; :j'h....W ' L., _'_,--,-,'-,.. ,."",_ l~/!! r '\ !( t:Y<~J-~ '. I ' ';-' . i ,.~' D(I~J~G~ / 1J0t;.~ I ;1 - I .,~~~1 ~~ +:1~.;:;;..-=: _~ ~.~I~N \ LANDscAPE PlAH .... .._.~~~:,. ~OSCAPE CAlQJlATKlftS KE'I'fD IIOl'e lEGEtIIl -:,,~.:.~--=:.:~ .1:,.....=... .0.- -~..~ ~ ~,~ ~.~ ~ --::.:::::: "-'). 0 Iln I'::."" . . r.O __~(r~ .__.~_...~'-"'~~'Q....... ~ .--.........;." 0.' ~ .)..........--, i~__._ ,,~ ,1-"'" =-,:c.r;.,'IJ;f'~ .~ ,. "'IIIf:a".~ . .... ~ ~....,......... . ~':"'-if~~ ~, !.S~ -"~ ;!i!...- . f__lillfll<lf""'~ ~i&:' ~ - OJ. NlIIiIt....,.,..... 3 .:;..:#:;;&- =~'::;:;;;.:;.. .. '" " .f'"' ~ '!I.>JJ:..... ., l .- -~= Exhibit A c J I Us! isii ~~ f-::.! ~u 't....,,~ ! ~' I ~l wi f ~l I ~i ! ,t,'IL'IIIi 50..1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 3. Townhouse Elevations (dated: 3/13/07) Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 1.1.1 REZONE COMMENTS The rezone legal description submitted with the application (stamped on February 2, 2007 by Patrick A Tealey, PLS) is accurate and meets the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.2 Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time ofrezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: . The applicant shall comply with all standards in the Downtown Meridian Design Guidelines upon development and any proposed improvements to existing development on Lots 1 and 9 (the future office lots) along N. Meridian Road, such as fayade improvements and/or building additions. . Obtain CZC approval for Talon Construction Company currently in operation on the southern property proposed as Lot 9, prior to issuance of any future CZC's on this site. (Note: Contractor's yard is a prohibited use in the O-T zone.) . A Certificate of Zoning Compliance is required prior to issuance of building permits for any and all of the proposed townhouse units within this development. All structures must substantially comply with the elevations submitted with this application. The Applicant is not required to comply with the Downtown Meridian Design Guidelines for the townhouse units proposed at the rear of the property. NOTE: A CZC application mav include all townhouse structures within the development. 1.2 PRELIMINARY PLAT - SITE SPECIFIC REQUIREMENTS 1.2.1 The preliminary plat, prepared by Tealey's Land Surveying, dated March, 2007 (stamped by Patrick Tealey on March 15, 2007), is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-07-0ll) and Conditional Use Permit (CUP-07- 010) applications shall also be considered conditions of the preliminary plat. 1.2.2 The site/landscape plan prepared by BRS Architects on March 13, 2007, is approved with the following modifications/notes: . The new trees proposed within the common area on Lot 5 are loeated within shall be located outside of the future ft sewer easement ana are not allowea; existing trees may remain. Revise plan accordingly. . Depict a 5-foot wide detached sidewalk along N. Meridian Road within the landscape street buffer or within the right-of-way (see ACHD's conditions for exact location). . A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC ll.3B-14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the Final Plat and Certificate of Zoning Compliance application(s). Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 1.2.3 A private street is required to be constructed from N. Meridian Road to the townhouse units for addressing purposes. The Applicant shall submit a Private Street application for staff level approval prior to submittal of the final plat application. Said Private Street shall be designed and constructed according to the standards listed in UDC ll-3F -4. 1.2.4 A 5-foot wide detached sidewalk is required to be constructed along Meridian Road, in accordance with ACHD standards and UDC 11-3A-17. The sidewalk shall be placed within the right-of-way or a public pedestrian easement depicted on the final plat. See ACHD's requirements for location of the sidewalk. 1.2.5 A Certificate of Zoning Compliance (CZC) is required for the change in use of the existing structures from residential to commercial. The Applicant shall receive CZC approval prior to issuance of Certificate of Occupancy for the proposed office buildings and townhouse buildings. 1.2.6 Cross-access shall be provided to the properties to the north and south of the subject property at the driveway stub locations shown on the site plan. Place a note on the [mal plat or record an easement granting vehicular access to the properties to the north and south. 1.2.9 A note prohibiting direct access to N. Meridian Road, except for the access point approved with this application, shall be added to the final plat. 1.2.10 "\ 25 foot wide street b\i.ffer is required alElRg N. Meridiaa Road and shall be landseaped aeeElrdiag to the st8flaar.es listed iR WC 11 3B7C. Said sHfrer shall be depicted OR the plat iR a COIllffl.ElR lot 0f ElR a pennaneftt easemeat maiHtained by the pwperty ElVlRer Elf business owners' assoeiatioa. 1.2.11 All signage for the site requires approval of a sign permit. All signage must comply with the standards listed in UDC II-3D. 1.2.12 1.2.13 1.2.14 1.2.15 1.3 1.3.1 1.3.2 Exhibit B If permanent perimeter fencing is not provided on the site, temporary fencing to contain debris during construction shall be installed around the residential portion of the site prior to release of building permits. Fencing constructed adjacent to the common area on Lot 5 shall not exceed 4 feet in height if closed vision fencing is used. Open vision up to 6 feet in height is allowed as it provides visibility from adjacent homes or buildings (see UDC 11-3A-7). Underground, pressurized irrigation must be provided to all lots within this development. Prior to signature of the final plat, remove existing structures that span across proposed lot lines. CONDITIONAL USE PERMIT - SITE SPECIFIC CONDITIONS OF APPROVAL The site/landscape plan, prepared by BRS Architects, dated March 13, 2007, labeled as Sheet SD- 1, is approved, with the conditions listed herein. All comments and conditions of the accompanying Rezone (RZ-07-011) and Preliminary Plat (PP-07-01O) applications shall also be considered conditions of the conditional use permit. A Certificate of Zoning Compliance is required prior to issuance of building permits for any and all of the proposed townhouse units within this development. All structures must substantially comply with the elevations submitted with this application. The Applicant is not required to comply with the Downtown Meridian Design Guidelines for the townhouse units proposed at the rear of the property. NOTE: A CZC application may include all townhouse structures within the development. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains located near the east property line. The applicant shall install all mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard fonns of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in confonnance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in N Meridian Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Prior to any excavation or improvements within this development that applicant shall submit a Flood Plain Development Permit and comply with all conditions of the same. 2.4 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 fmalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.5 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). 2.6 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to fmal plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of a pre-construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. 2.8 All existing structures not meeting setbacks or the dimensional standards of the UDC shall be removed prior to building permits being released. 2.9 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.10 Any meter tiles located in common driveways shall be upgraded to traffic rated materials per City of Meridian Standard Specifications. 2.11 As proposed, additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of-way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.12 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 2.13 Per UDC 11- 3A~6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.14 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, and the road base approved, prior to applying for building permits. 2.15 All development improvements, including but not limited to sewer, water, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.16 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to issuance of building permits. 2.17 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.19 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.20 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.21 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. 2.22 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 l~foot above. 2.23 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures is 30-feet. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 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 ofthe fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 41;2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside radius. 3.5 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. 3.6 Building setbacks shall be per the International Building Code for one and two story construction. 3.7 Commercial and office occupancies will require a fIre-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. 3.9 The Fire Dept. has concerns about the addresses of the proposed townhouses being visible from the street which the project is addressed off of. For this reason, the Fire Department requests that a private street be provided from Meridian Road to the townhouse units for addressing purposes. 3.10 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.11 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fIre hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.12 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.13 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section Dl05. 4. POLICE DEPARTMENT 4.1 A private street should be provided from N. Meridian Road to the townhouse units located at the rear of the property for addressing purposes. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-lO) 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 ll-3B-lO) will be followed. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 6. SANITARY SERVICE COMPANY 6.1 No comments were received from SSC regarding this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF ApPROVAL 7.1.1 Construct a 5-foot detached concrete sidewalk a minimum of 28-feet from the centerline of the roadway, OR provide the district with a road trust in the amount of $3250.00 for the future construction of the sidewalk as part of the Meridian Split Corridor Project. 7.1.2 Utilize an existing 20-foot driveway located approximately 55-feet north from the south property line (measured property line to near edge). Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15- foot radii abutting the existing roadway edge. 7.1.3 Other than the access specifically approved with this application, direct lot access is prohibited to Meridian Road and shall be noted on the final plat. 7.1.4 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 7.2.2 7.2.3 7.2.4 7.2.5 7.2.6 7.2.7 7.2.8 7.2.9 7.2.10 7.2.11 Exhibit B Any existing irrigation facilities shall be relocated outside of the right-of-way. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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. Comply with the District's Tree Planter Width Interim Policy. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 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 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. 7.2.13 Any change by the applicant in the planned use ofthe 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 relief is granted pursuant to the law in effect at the time the change in use is sought. 8. CENTRAL DISTRICT HEAL TH DEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito-breeding problem. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 C. Legal Description & Exhibit Map (ru TEALI:Y'S LAND SURVEYJN~ 187 E .';fi!h Street - Garden City. ld<th:: i{i71d (208) 385-(J63& Fex (208) 385-0696 Project. No.: 3079 Date: March.2, 2007 DESCRIPTION FOR ().. T DISTRICT PROPOSED SHAYLU SUBDIVISION A parcel of land being a portion of the NW 1/4 of section 7. T.3N., R 1E.. 8.M., and a podfon of Block .. of F .A. Notne', ThIrd AdcIIticn. as filed for record in the offlce of the Ada County Recorder, Bofse. Idaho In Book 8 of Plats at page 289, Meridian. Ada County, Idaho and more partICularly deec::tibed as follows: Comrnenc:lng 81 . brass cap merl(ing lhe Northwest comer at seid Section 7, thence along the West boundary of said Section 7. whleh is also the centedine of North Mertdlan Roed South 00"204'19" West 911.97 feet 10 the POINT OF BEGINNING; thence leaving said c:enterIne stong . line North of and parellel wtth 1M North baundaty of said Block.. North 89-37'05- east 283.11 feet 10 a point on the North-South centertine of said Block "; thence along said centerline South 00-28'48" Weat 29.13 feet to . point; thence leaving said centerline North .-37'05" Eall 0.08 feet to a point; thence akmg a line ea.t of and parallel 'lAth Aid W. boundary of Baodc 4 . SoUlt 00-24'19" Wesl100,87 feet to a point on .. South boundary of Block 4; thence along I8ld South bound.., and South boundary extended South 89-37'05" West 283.15 feet to a point on said West boundary of Section 7; thence along 88ld West boundely North 00-2"'19" East 130.00 feet to the POINT OF BEGINNING. SaId pereef of land contains 0.785 acre. more or leu. u~ ~1 f'\.t" ~ ~ p-...6....... '/,1,\:....0,,." o'C.~~ "G Q.l<.S R~V~~~L. eN :}J}- w____"'____.... Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 ZONING EXHIBIT F"OR SHAYLEE SUBDIVISION A..... Cf lUll ~ FA _'5 ....... L_. .. ," ED 7, tJl. ItL U. -. 11M aum; IlilllO . - - - ~ ~~'1YZL AP.L- ~"nr .... - ..... .. n 'M Ie. - "... - '" ..., :.--- S ........ II k..-. I lI..CIt' ~ ~ " r . 1 I ........ ....cza. - .....1= . _..... aft' -.., lIUlII' ~--- ...""'.... """ _______ .M<"__"_"_~__" . ~~~.~ ~_____:_;L~~~=:_____ f ....,. .'.... , - - - - - .z;-...._ \r ~.,r- ";.1:'1I... __ . +--... 'r~ i~t:VIE~V~l_ ""~- , . j". ..Ii.KIOlAH ~~ i'fORl'tS ucor.. Wl TUU!r...- MVI..M -- -..... - ...~........ --- 301. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to O-T (Old Town). The Commission finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that future development of this property will comply with the purpose statement of the 0- T zone, which encourages mixed use, compact development that facilitates the efficient use of services. The Applicant is requesting a CUP for the townhouse portion of the development because the proposed units do not meet the development standards contained in the Downtown Meridian Design Guidelines (see Section 10 of this report for more information). c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission fmds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this fmding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Commission finds that the proposed zoning amendment should not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). This finding is not applicable to the subject rezone request. 2. Conditional Use Permit Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Applicant is requesting a CUP for the townhouse portion of the development because the proposed units do not meet the development standards contained in the Downtown Meridian Design Guidelines. The Commission finds that if the site is designed in accordance with the site/landscape plan submitted with this application and the conditions of approval in Exhibit Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 B, the site will be large enough to accommodate the proposed use and meet all other dimensional and development regulations of the Q-T district. b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission [mds that the proposed residential townhouses and future offices in the proposed Q-T zone comply with the objectives ofthe Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that the proposed office and residential use of the property is compatible with other uses in the general area and will not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission [mds that sanitary sewer, domestic water and irrigation is already provided to the front portion of the development where the existing homes are and can be made available to the townhouse units proposed at the rear of the property. Please refer to comments prepared by the Public Works Department, Fire Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Commission finds that the applicant will pay to extend the sanitary sewer and water mains to the townhouse units at the rear of the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Commission finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff recognizes the fact that traffic and noise will increase with the approval of this development; however, Staff does not believe that the amount generated will be detrimental to the general welfare of the public. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Commission finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staffis unaware. 3. 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: a. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed density and proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public sen'ices are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services are currently provided to the front portion of the development where the existing homes are located and can be made available to accommodate the proposed development at the rear of the property. (See Exhibit B of the StafIReport for more details from public service providers.) c. 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 own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting semces 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 determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. 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 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 determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. f. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic, or historic features on this site. Therefore, the Commission finds that the proposed development will not result in the destruction, loss or Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21,2007 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