HomeMy WebLinkAboutJune 5, 2007 C/C Minutes
June 1, 2007
MERIDIAN CITY COUNCIL MEETING
CUP 07-005
June 5,2007
APPLICANT J.E. Development, LLC ITEM NO.
REQUEST Continued Public Hearing from May 22, 2007 -- Request for a conditional
Use Permit for multi-family residential use in a proposed R-15 zone for Bellabrook -- 300
South Locust Grove Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
MERIDIAN POST OFFICE:
OTH ER: hies
Contacted:. Date: (plf (07 Phone: <i((p 7-395<(
Emailed: (OSS e -encJ(san dui / ~ Cdlt! Staff Initials: ).Jf
~
Materials presented at public me.Hngs shall become property of the City of Meridian.
See Previous Item Packet I Minutes
See attached Recommendations
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
J
ST AFF REPORT
Hearing Date: June 5, 2007
(Continued from May 22,2007)
Mayor & City Council
Sonya Watters, Associate City Planner
(208) 884-5533
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SUBJECT:
Bellabrook Villas
. RZ-07 -006
Rezone of 4.38 acres from R-8 (Medium Density Residential) to R-15
(Medium High Density Residential).
. CUP-07-038
Conditional Use Permit for multi-family residential use in a proposed R-15
zone.
. PS-07 -002
Request for approval of private streets within the proposed multi-family
development.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, J. E. Development, LLC, has applied for a Rezone (RZ) of 4.38 acres from R-8
(Medium Density Residential) to the R-15 (Medium High Density Residential). Concurrently, a
Conditional Use Permit (CUP) is requested for multi-family residential use in a proposed R-15 zone.
Approval of Private Streets (PS) within the proposed multi-family development is also requested.
This parcel was previously annexed and zoned (AZ-06-040) to R-8 and a preliminary plat (PP-06-
038) for 20 single-family homes on 20 building lots was approved in 2006. However, the applicant
decided not to follow through with the platting process and instead, improve the property as a multi-
family development. Currently, the applicant is proposing structures in combinations of two and four
dwellings each, which will later be converted to condominiums, on a single un-platted parcel of land.
The site is located approximately 1A mile south of E. Franklin Road, on the east side of S. Locust
Grove Road. Currently, there is a single-family home and associated outbuilding on this site. The
subj eet property is currently located within the Urban Service Planning Area and the corporate
boundaries of the City.
2. SUMMARY RECOl\fMENDATION
The subject applications (RZ, CUP, & PS) 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 Private Street applications. Staff is
recommending approval of the proposed Bellabrook multi-family development (RZ-07-006,
CUP-07-038, & PS-07-002) with the conditions listed in Exhibit B of the Staff Report.
The Meridian Plannin!! and Zonine Commission heard these items on ADri119'1 2007. At the
DubHe hearin2:'1 the Commission voted to recommend aDDroval with requirement of a
DeveloDment A2:reement.
a. Summary of Commission Public Hearin2::
i. In favor: Shawn Nickel (ADDlicant's ReDresentative)
ii. In oDDosition: Jerry Cunnineham
Bellabrook Villas RZ CUP PS
PAGEl
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
ill. Commentin1!: Christie Jordan
iv. Written testimony: Ronald Hod2e
v. Staffpresentin!! application: Sonya Watters
vi. Other staff commentin2 on application: Anna CanDin!!
b. Kev Issues of Discussion bv Commission:
i. Private streets vs. public streets within the development:
ii. Requirement of a Development Ag:reement to incorporate the proposed site plan
and elevations as submitted:
c. Kev Commission Chan2es to Staff Recommendation:
i. Require a Development Af!reement to incorporate the proposed site plan and
elevations as submitted
d. Outstandinf! Issue(s) for City Council:
i. Requirement of a Development Af!reement to incorporate the proposed site plan
and elevations as submitted
ii. The applicant has submitted a perspective view of the proposed structures" as
required bv Staff" for Council's review (see Exhibit A.6).
3. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-07-
006, CUP-07-038, & PS-07-002 as presented in staff report for the hearing date of June 5,2007 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-
006, CUP-07-038, & PS-07-002 as presented in the staff report for the hearing date of June 5, 2007
for the following reasons: (You should state specific reasons for denial of the rezone and you must
state specific reason(s) for the denial of the CUP and what the applicant could do to gain your
approval in the future.)
Continuance
I move to continue File Numbers RZ-07-006, CUP-07-038, & PS-07-002 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:
300 S. Locust Grove Road (Parcel #SI117223480)
NW ~ of Section 17, T.3N., R.1E.
b. Owner:
J. E. Development, LLC
1854 E. Lanark Street
Meridian, ill 83642
c. Applicant:
Same as Owner
d. Representative: Ross Erickson, Erickson Civil, Inc.
e. Present Zoning: R-8 (Medium Density Residential)
Bellabrook Villas RZ CUP PS
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5,2007
f. Present Comprehensive Plan Designation: Mixed Use Community
g. Description of Applicant's Request:
Bellabrook Villas is designed as a multi-family condominium project containing 34 units on 4.38
acres, with private streets, and a request for rezone to an R-15 designation. The gross density for
the project is 7.76 dwelling units per acre. The 34 individually owned 2-plus bedroom
condominium "Villas" will be attached in combinations of two and four dwellings each. All
Villas will have two car garages with two additional parking spaces available in each driveway.
The proposed buildings are depicted with two and three story elevations for each group of
dwellings. Usable open space in the form of pedestrian walks and a gathering courtyard will
create a centralized corrununity amenity with a connection linking the project to the future Five
Mile Creek regional pathway corridor. The gathering area will include seating, shade trees, and
connnunity artwork. Additional connnon area includes a buffer along Locust Grove Road and
landscaping of the eastern strip leading to the Five Mile Creek area (see Applicant's letter for
more detail).
1. Date of Site Plan (attached in Exhibit A): February 14, 2007
2. Date of Landscape Plan (attached in Exhibit A): February 14,2007
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 ofUDC 11-5A-2, a public hearing is required before the
Commission and City Council on this matter.
c. Newspaper notifications published on: April 2, 2007 and April 16, 2007 (Commission); April
30'1 2007 and Mav 14'12007 (Citv Council)
d. Radius notices mailed to properties within 300 feet on: March 23, 2007 (Commission); April 27'1
2007 (City Council)
e. Applicant posted notice on site by: April 9, 2007 (Commission); Mav 1111 2007 (Citv Council)
6. LAND USE
a. Existing Land Use(s): There is one single-family home and associated outbuildings on the site.
b. Description of Character of Surrounding Area: This area contains a wide variety of uses in the
city (office, church, residential, etc.) and a mix of rural parcels in Ada County.
c. Adjacent Land Use and Zoning:
1. North: LDS Church property, zoned C-N & RUT (Ada County).
2. East: Rural residential property, zoned Rl (Ada County) and Connnercial property, zoned
C-G.
3. South: Rural residential property, zoned Rl (Ada County) and further south, Woodbridge
Subdivision, zoned R-4
4. West: Connnercial property, zoned L-O and rural residential, zoned Rl (Ada County).
d. History of Previous Actions:
Bellabrook Villas RZ CUP PS
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5,2007
· This property was annexed and zoned (AZ-06-040) R-8 on October 10, 2006 (Ordinance No.
06-1268).
· A preliminary plat was approved on October 3,2006 for 20 single-family residential building
lots and 4 common area lots on 4.38 acres of land.
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: This property is proposing to sewer to mains located in Locust Grove
Road.
Location of water: This property is proposing water service to mains located in Locust Grove
Road.
Issues or concerns: Flood plain on the eastern portion of this property.
2. CanalslDitches Irrigation: There are a few inigation ditches and drains that traverse through
or adjacent to this site. All open inigation ditches, laterals and canals, should be tiled when
this property develops.
3. Hazards: A portion of this property along the eastern boundary lies within flood zone AE and
is within the floodway.
4. Proposed Zoning: R-15 (Medium High Density Residential)
5. Size of Property: 4.38 acres
f. Landscaping
1. Width of street buffer(s): 25 feet
2. Width ofbuffer(s) between land uses: NA
3. Percentage of site as open space: 27.7% or 1.21 acres of useable open space
4. Other landscaping standards: See 11-3B-7, Landscape Buffers Along Streets, for landscape
requirements in the buffer adj acent to Locust Grove Road.
g. Amenities: Per UDC 11-4-3-27D.2, 3 amenities are required for this development. The following
amenities are proposed: walking trails, a grassy area of at least fifty feet by one hundred feet in
size, public art, and a gathering courtyard that will create a centralized community and include
seating and shade trees. The applicant has complied with this requirement.
h. Off-Street Parking: UDC 11-3C-6 requires multi-family dwellings with more than 1 bedroom to
have 2 parking spaces per dwelling unit in a covered carport or garage. The site plan shows 2
parking spaces in a garage for each unit.
1. Required Dimensional Standards for Multi-family Residential Use in the R-15 Zone, per UDC
11-4-3-27 and 11-2A-7:
1. Minimum Building Setback: 10 feet (Unless a greater setback is otherwise required by the UDC)
2. Maximum Building Height: 40 feet
J. Sununary of Proposed Streets and/or Access: Access to the proposed development will be from
S. Locust Grove Road. The applicant is proposing to construct private streets within the multi-
family development with 27-foot wide street sections (measured from back of curb to back of
curb) within a 37-foot wide cross-access easement, with rolled curb & gutter, and a 5-foot wide
attached sidewalk. A stub street is not proposed to the property east of the site for future
connectivity. ACHD does not have any requirements for the internal private streets. Staff is
Bellabrook Villas RZ CUP PS
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CITY OF MERlDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5,2007
generally supportive of the proposed street system with the comments and conditions stated in
Section 10, Analysis, and Exhibit B of this report.
7. COMMENTS MEETING
On March 30, 2007 a joint 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. Staffhas included comments, conditions and recommended actions in Exhibit B
below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed Use - Community" on the Comprehensive Plan Future Land Use
Map. The proposed Medium High Density Residential zoning district, R-15, is compatible with this
designation. The Mixed Use Community (MU-C) land use designation is anticipated to contain 3 to
15 dwelling units per acre (see Page 103 of the Comprehensive Plan). The proposed Site Plan depicts
34 multi-family units on 4.38 acres for a gross density of 7.76 dwelling units/acre. The proposed
density complies with the anticipated density for this area.
Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis in italics below policy):
· Chapter VII, Goal ill, Objective A, Action 1 - Require that development projects have
planned for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the subject
property 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.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
· Chapter V, Goal I, Objective A, Action 4 - Develop and maintain greenbelts along
waterways.
The applicant is proposing to construct a section of multi-use pathway on the site that will
connect the future master pathway planned along Five Mile Creek across this property
Bel1abrook Villas RZ CUP PSc
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
· Chapter V, Goal I, Obj ective A, Action 2 - Identify feasible interconnected greenbelt areas
along waterways, railroads, etc.
The northeast portion of this site is bisected by the Five Mile Creek. The applicant has
proposed a pathway leading from the residential portion of this development to the Five Mile
Creek with a section of 10-foot wide multi-use pathway that will connect to the north and
south along the creek.
· Chapter V, Goal I, Objective A, Action 4 - Develop and maintain greenbelts along
waterways.
A 10-foot wide pathway is proposed at the northeast corner of this development that will
connect to the north and south for the greenbelt planned along the Five Mile Creek (see
above).
· Chapter V, Goal I, Objective A, Action 11 - Improve and protect creeks (Five Mile, Eight
Mile, . . . etc.) throughout commercial, industrial, and residential areas.
The Five Mile Creek, which bisects the property at the northeast comer, will be protected
and will remain open and unchanged. Open space with pathways will be provided adjacent to
the creek.
· Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide
permanent perimeter fencing to contain construction debris on site and prevent windblown
debris from entering adjacent agricultural and other properties.
The applicant is proposing to construct a 6-foot tall closed vision fence, where fencing does
not currently exist, on the property boundary behind the proposed residences. This fencing is
required to be constructed prior to release of building permits to contain debris during
construction. Permanent fencing is not required around the common area on the northeast
portion of this site because a large part of this area is within the floodplainlfloodway.
· Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from
incompatible land use development on adjacent parcels.
The applicant is proposing a residential zone. Staff finds that the proposed residential
development should be compatible with the existing residential properties in the area.
· Chapter VII, Goal I, Objective C, Action 4 - Require new residential development to meet
development standards regarding landscaping, signage, fences, and walls, etc.
The Applicant will be required to construct a 25-foot wide landscape buffer along Locust
Grove Road that complies with UDC 11-3B-7, Landscape Buffers Along Streets. All
subdivision identification signs proposed for the site must be approved through a sign permit
and shall comply with UDC 11-3D-8I and 11-3D-l0, Table 2, Subdivision Identification
Signs. Fencing proposed on the site shall comply with UDe 11-3A-7.
· Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide
permanent perimeter fencing to contain construction debris on site and prevent windblown
debris from entering adjacent agricultural and other properties.
The applicant is proposing to construct fencing around the perimeter of the residential
portion of the development. Fencing is not required adjacent to the common area on the
Bellabrook Villas RZ CUP PS
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CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
northeast portion of the site because a large portion of this area is within the
floodplain/floodway. Said fencing should comply with UDC 11-3A-7, Fencing standards.
· Chapter VII, Goal N, Objective C, Action 10 - Support a variety of residential categories
(low-, medium-, and high-density single-family, multi-family, townhouses, duplexes,
apartments, condominiums, etc.) for the purpose of providing the City with a range of
affordable housing opportunities.
Staff believes that the proposed medium high-density residential multi-family development
will assist in providing a variety of residential housing opportunities in the City. Further, the
applicant intends to convert the dwelling units to condominiums in the future.
· Chapter Vll, Goal I, Objective D, Action 8 - Require new urban density subdivisions which
abut or are proximal to existing low density residential land uses to provide landscaped
screening or transitional densities with larger, more comparable lot sizes to buffer the
interface between urban level densities and rural residential densities.
The applicant is proposing to construct a six-foot tall privacy fence around the portion of this
development that is adjacent to the proposed residences. The applicant is also proposing a
large amount of open space on the eastern portion of this site that is adjacent to the rural
parcel to the east. Staff recommends that the Commission and Council rely on any written or
verbal testimony provided from neighbors when determining if additional screening or more
transition in density is appropriate.
· Chapter V, A. Current Conditions, 2. Hazardous Areas (page 32)
This section of the Comprehensive Plan discusses development of areas that are affected by
the 1 OO-year floodplain. A portion of this development lies within the floodplain (FP) overlay
district. The purpose of this district is to guide development in flood-prone areas of any
watercourse that is consistent with the requirements for the conveyance of flood flows and to
minimize the expense and inconveniences to the individual property owners and the general
public through flooding. Uses permitted in this district area generally associated with open
space, recreational, and agricultural land uses and do not hinder the movement of the
floodwaters. The open space/recreation area proposed within the FP overlay district
complies with the purpose of the district as stated above.
9. UNIFIED DEVELOPMENT CODE
a. Schedule of Uses: Unified Development Code (UDC) 11-2A-2 lists multi-family developments as
a conditional use in the R-15 zoning district. Specific Use Standards (UDC 11-4-3-27) apply to
multi-family developments; please see Section 10, Analysis below for more information.
b. Purpose Statement of the Residential Districts: The purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan.
Connection to the City of Meridian water and sewer systems is a requirement for all residential
districts. Residential districts are distinguished by the allowable density of dwelling units per acre
and corresponding housing types that can be accommodated within the density range.
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 Mixed Use - Community, Staff believes that the requested R-15
BeIlabrook Villas RZ CUP PS
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
zone is appropriate for this property. Please see Exhibit D for a detailed analysis of the required
facts and findings for a rezone.
The rezone legal description submitted with the application (stamped on May 11, 2006 by Clinton
w. Hansen, PLS) is accurate and meets the requirements of the City of Meridian and Idaho State
Tax Cormnission.
UDC 11-5B-3D2 provides the Planning & Zoning Cormnission 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 cormnitment for all future uses. Because the Applicant has
provided a detailed site plan and elevations for the site as part of the CUP application that
will be included as an exhibit in the Findings of Fact and Conclusions of Law, Staff does not
believe that a DA is necessary to ensure that the site develops in a manor that is consistent
with said plans. If the Cormnission or Council feels a development agreement requirement is
necessary, staff recommends a clear outline of the cormnitments of the developer being required.
CONDITIONAL USE PERMIT: Per UDC 11-2A-2, Multi-family Developments require
conditional use pennit approval and must comply with the Specific Use Standards listed in UDC
11-4-3-27 as follows:
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
meet the minimum setback requirements stated. Additionally, a 20 foot setback is
provided on the units that have a front garage.
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 depict any service areas,' if service areas are
proposed, the Applicant shall comply with this requirement.
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. Private usable open space is proposed for each unit that
exceeds the minimum amount required by the UDC. (Three story units contain180 square
feet of covered patio per unit; 2-unit structures at south end of project & end units on 4-
unit structures contain 96 square feet of covered patio per unit; 2-units at northeast
corner of site contain 108 square feet of covered patio per unit.) (See e-mail submitted by
Ross Erickson dated April 17, 2007 and site plan attached in Exhibit A documenting
compliance with this requirement.)
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 and will comply with this requirement. The applicant has
shown two central mailbox unit locations on the site plan. Funher, the applicant (Ross
Erickson) states in an e-mail to Staff dated April 17, 2007 that a directory and map of the
development will be provided at the entrance of the development; An office to manage the
condominium association business will be provided within the president of the
condominium association's dwelling; and a 10-foot by 12-foot maintenance and enclosed
storage area will be provided within the open space located near the east side of units 9
& 10.
Bellabrook Villas RZ CUP PS
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5,2007
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 elevations show a 2-car
garage on all of the units, as required.
f. Common Open Space Design Requirements: A minimum of 350 square feet of
outdoor common open space shall be provided for each unit containing more than 1,200
square feet of living area. The common open space shall be not less than 400 square feet
in area, and shall have a minimum length and width dimension of 20 feet. The open
space shown on the site plan demonstrates compliance with this requirement.
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
following qualifying amenities: 1. walking trails (recreation), 2. grassy area of at least
fifty feet by one hundredfeet in size (open space), and 3. public art (quality of life).
Additionally, the Applicant is proposing a gathering courtyard that will create a
centralized community and include seating and shade trees.
g. Elevations: Elevations are required to meet the architectural standards set forth in UDC
11-4-3-27E. The proposed elevations appear to comply with the architectural standards.
If approved, full compliance with the elevation requirements cited in UDC 11-4-3-27E,
and the elevations submitted with the subject CUP, will be required with the future
issuance of Certificate of Zoning Compliance's on this site. Staff is generally supportive
of the proposed elevations with the following comment: Staff has requested that the
applicant submit a perspective view of the 2- unit structure proposed at the northeast
corner of the site prior to the City Council meeting. (Aoplicant has complied with this
requirement and the perspective view of all of the proposed units is included in Exhibit
A.6)
h. Landscaping: Per UDC 11-4-3-27, all street facing elevations shall have landscaping
along their foundation. The foundation landscaping shall meet the following standards:
)> The landscaped area shall be at least 3-feet wide;
)> For every 3 linear feet of foundation, an evergreen shrub having a minimum mature
height of 24 inches shall be planted; and
)> Ground cover plants shall be planted in the remainder of the landscaped area.
1. Maintenance and Ownership Responsibilities: Per UDC 11-4-3-27G, a legally binding
document shall be recorded that states the maintenance and ownership responsibilities for
the management of the development, including, but not limited to, structures, parking,
common areas, and other development features.
Existing Residences/Buildings: The site currently contains a home and associated outbuildings.
All existing buildings shall be removed as proposed prior to release of building pennits for this
development.
Fencing: The applicant is proposing to construct 6-foot tall closed vision fencing along the west,
south, and east boundary of the site. Six-foot tall closed vision fencing currently exists along the
north and southeast boundary of the site. The existing fencing along the northern boundary was
constructed by the LDS Church. The applicant is also proposing to construct a 4-foot tall open
vision fence on the northeast and southeast boundary adjacent to the common area. Per the UDC,
six-foot closed vision fencing is not allowed adjacent to common open space or micro-pathways.
Bellabrook Villas RZ CUP PS
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5,2007
The existing 6-foot tall closed vision fencing shown on the site plan adjacent to the common area
on the eastern portion of the site should be removed if permission can be obtained from the LDS
Church. If permission can not be obtained to remove the fence, it may remain because it is not
owned by the subject property owner. Further, Staff is recormnending that fencing not be
constructed adjacent to this common area as shown on the landscape plan because a large portion
of this area is within the floodplain/floodway; the applicant is in agreement with Staff's
recommendation. Perimeter fencing is required to be installed around the residential portion of
the site prior to issuance of building permits to contain debris during construction. Fencing shall
be constructed in accordance with UDC 11-3A-7.
Stub Street: The applicant is not proposing a stub street to the property east of the subject
property. There are 2 parcels east of this property. The 2.1 acre parcel abutting the subject
property is owned by Marshall Smith and contains a home and outbuildings and is currently
accessed by a 50 foot wide "flag" from Locust Grove. The other 3 acre parcel to the east of the
Smith parcel is owned by Jerry & Betty Cunningham and appears to be vacant. The
Cunningham's also own a house/lot in Woodbridge Subdivision that abuts the vacant parcel on
the south. It is unknown whether or not the Cunningham's have an access easement across the
Smith property to Locust Grove Road. Approximately 12 of the Cunningham parcel lies within a
flood zone and a portion is also within the flood way of the Five Mile Creek. Because the Smith
property consists of only 2 acres, Staff believes that the existing access to Locust Grove is
sufficient to serve this site and a stub street is not necessary. Further, because it is not feasible for
the subject property to stub to the Cunningham property because open space is proposed for the
area that abuts this property, Staff believes that a stub is not necessary to this property either.
Pathway: The 5-foot wide pathway leading from the residential portion of the development
through the common area to the 10-foot wide multi-use pathway should be constructed as shown
on the landscape plan. The applicant states that a IS-foot wide section of the Five Mile Creek is
currently piped and that a 5-foot wide pathway currently exists over the Five Mile Creek, which
will provide a connection to the la-foot wide multi-use pathway.
Ditches, Laterals, and Canals: The Five Mile Creek intersects this property at the northeast
comer of the site. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any
natural waterway, that intersect, cross or lie within the area being subdivided shall be covered.
Pressure Irrigation: The City of Meridian requires that pressurized inigation 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 [mal plat by the City Engineer. An underground, pressurized inigation
system should be installed to all landscape areas per the approved specifications and in
accordance with UDC 11-3A-15 andMCC 9-1-28.
PRIVATE STREETS: The applicant is proposing private streets within this development. 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 cOIll1ection of the private street is to a public
street, the private street shall be approved by the Transportation Authority.
Bellabrook Villas RZ CUP PS
PAGE 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5,2007
3. Emergency vehicle: The private street shall provide sufficient maneuvering area for
emergency vehicles as detennined 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 fIfe lanes with no parking allowed.
b. If a curb exists next to the drive aisle, it shall be painted red.
2. F or 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
engtneer.
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 conunercial 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.
Staff is generally supportive of the proposed private streets within this development. However,
the Fire Department has conunented that the internal private streets as shown are not wide enough
to allow for visitor parking on the street. Because visitor parking is needed on the site, Staff is
recommending that the sidewalk adjacent to the internal side of the streets surrounding
units 15-18 and 23-26 be removed, and the streets widened, to allow for parking on one side
of the streets. No parking should be allowed along the internal side of the streets
surrounding the 8 internal units and should be signed accordingly. Parking should only be
allowed on the external side of the streets. Note: The site plan does show a 20' x 20' parking pad
for each of the units that could be used for additional visitor parking if the resident's cars were
parked in the garage. Except for the parking pad, no parking is allowed within the common
driveways of the units with side entry garages, per the Fire Department.
b. Staff Recommendation: Staff recommends approval of the subject applications (RZ-07-006,
CUP-07-005, & PS-07-002) based on the Findings listed in Exhibit D and the conditions
listed in Exhibit B of this Staff Report for the hearing date of April 19, 2007. The Meridian
Plannin2: and Zonin2: Commission heard these items on Avril 19" 2007. At the Dublic
hearin2:.. the Commission voted to recommend aDDroval with requirement of a DeveloDment
A2:reement.
11. EXHIBITS
A. Drawings
1. Site Plan (dated: 2/14/07)
Bellabrook Villas RZ CUP PS
PAGE 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5,2007
2. Landscape Plan (dated: 2/14/07)
3. Four-unit Structure Elevations
4. Two-unit Elevations for Structures along South Boundary
5. Two-unit Elevations for Structure at Northeast Comer of Development (Units 9 & 10)
6. Persvective Drawin2 of the Two-unit and Four-unit Structure Elevations
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
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
BeIlabrook Villas RZ CUP PS
PAGE 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5,2007
A. Drawings
1. Site Plan (dated: 2/14/07)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
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CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
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CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 REZONE COMMENTS
1.1.1 Prior to the rezone ordinance approval.. a Development A1!reement 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 3 months of Council approval to initiate this process. The DA shall include"
at minimum" the followin1!:
· The development of this site shall substantially comply with the site plan and conceptual
elevations submitted with this application (shown in Exhibit A) and presented at the
public hearin1!.
1.2 SITE SPECIFIC REQUIREMENTS (CONDITIONAL USE PERMIT)
1.2.1 The site plan labeled as Conditional Use Site Plan, Sheet C-1, prepared by Erickson Civil, Inc.,
dated February 14, 2007, is approved, with the conditions listed herein. All comments and
conditions of the accompanying Rezone (RZ-07-006) and Private Street (PS-07-002) applications
shall also be considered conditions of the Conditional Use Permit (CUP-07-005).
1.2.2 The landscape plan prepared by Erickson Civil, Inc., on February 14,2007, is approved with the
following modifications/notes:
· Per UDC 11-4-3-27, all street facing elevations shall have landscaping along their
foundation. The foundation landscaping shall meet the following standards:
);> The landscaped area shall be at least 3-feet wide;
);> For every 3 linear feet of foundation, an evergreen shrub having a minimum
mature height of 24 inches shall be planted; and
);> Ground cover plants shall be planted in the remainder of the landscaped area.
· Fencing shall not be constructed adjacent to the common area on the northeast portion of
this site because a large portion of this area is within the floodplainlfloodway. All fencing
on the site shall comply with UDC 11-3A-7.
· Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on
designing, adopting, and implementing a protection and mitigation plan for the existing
trees on site.
· 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 11-3B-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 Certificate of Zoning Compliance application(s).
1.2.3 Construct a 10-foot multi-use pathway along Five Mile Creek as proposed.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5,2007
1.2.4 Submit a copy of the approval letter from the Ada County Street Name Committee for private
street names proposed within the development with the Certificate of Zoning Compliance
application( s) for this site.
1.2.5 All private streets shall be designed and constructed in compliance with the standards listed for
Private Streets in UDC 11-3F.
1.2.6 Upon tentative approval of the Private Street application by the City Council, subj ect to any
applicable conditions of approval and the regulations of Chapter 5 ADMINISTRATION of this Title,
the applicant or owner shall have one (1) year to complete the following tasks:
· Obtain approval from the Ada County Street Name Committee for a private street
name(s);
· Contact the Transportation Authority (ACHD) to install an approved street name sign that
complies with the regulations of the Ada County Uniform Street Name Ordinance;
· Create a perpetual ingress/egress easement or a single platted lot for the private street to
all applicable properties; and
· The applicant or owner shall provide documentation of a binding contract that establishes
the party or parties responsible for the repair and maintenance of the private street,
including regulations for the funding thereof.
· Upon completion of the items noted above, the Director shall issue a letter stating that the
private streets have been approved. No building permit shall be issued for any structure
using a private street for access to a public street until the private street has been
approved.
1.2.7 All private streets within the development shall be designed and constructed according to the
standards listed in UDC 11-3F-4.The sidewalk adjacent to the streets surrounding units 15-18 and
23-26 shall be removed, and the streets widened, to allow for parking on one side of the streets.
No parking should be allowed along the streets surrounding the eight internal units and should be
signed accordingly. Parking is only allowed on the external side of the streets.
1.2.8 A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and
all of the multi-family units within this development. All structures must substantially comply
with the elevations submitted with the CUP and the architectural standards listed in UDC 11-4-3-
27E for multi-family developments. NOTE: A CZC application mav include multiple/all multi-
family units within the development
1.2.9 All signage for the site requires approval of a sign permit. All signage must comply with UDC
11-3D-8I and 11-3D-1 0, Table 2, for subdivision identification signs.Provide fencing around the
perimeter of the building sites as shown on the landscape plan. All fencing shall be constructed in
accordance with UDC 11-3A-7 and condition of approval #1.1.2 above. Perimeter fencing to
contain debris during construction shall be installed around the residential portion of the site prior
to release of building permits.
1.2.10 A legally binding document shall be recorded that states the maintenance and ownership
responsibilities for the management of the development, including, but not limited to, structures,
parking, common areas, and other development features.
1.2.11 Underground, pressurized irrigation must be provided to all lots within this development.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in Locust
Grove Road. The applicant shall install all mains to and through this development; applicant shall
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5,2007
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 Water service to this site is being proposed via extension of mains in Locust Grove 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 A water stub to the east shall be provided to allow for a future looped system, it shall be covered
by a standard City of Meridian easement.
2.4 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.
2.5 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 fmalized 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 not indicated who will own and operate the pressure inigation 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
"fmal 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.
2.8 The City of Meridian requires that pressurized inigation 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 final plat by the City Engineer.
2.9 All existing structures not meeting setbacks or the dimensional standards of the UDC shall be
removed prior to building permits being released.
2.10 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.
2.11 Any meter tiles located in common driveways shall be upgraded to traffic rated materials per City
of Meridian Standard Specifications.
2.12 As proposed, additional width to the public utilities, drainage and inigation easement along the
right-ofway 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. 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 JUNE 5,2007
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 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.
2.15 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 pennits.
2.16 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.
2.17 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
pennits.
2.18 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.
2.19 Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
2.20 Applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Anny Corps of Engineers.
2.21 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.
2.22 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.
2.23 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.
2.24 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. Height for 100 watt flXtures 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 fITe hydrants. Final design locations and quantity are detennined after power
designs are completed by Idaho Power Company. The street light contractor shall obtain design
and pennit from the Public Works Department prior to commencing installations.
3. FIRE DEPARTMENT
3.1 One and two family dwellings not exceeding 3600 square feet will require a fITe-flow of 1,000
gallons per minute available for duration of 2 hours to service the entire project. One and two story
family dwellings 3600 square feet and greater will require a fire flow of 1500 gallons per minute.
Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C3.2.
3.2 Acceptance of the water supply for fITe protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
3.3 All connnon driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
3.4 Final Approval of the fITe hydrant locations shall be by the Meridian Fire Department.
Exhibit B
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
a. Fire Hydrants shall have the 4 ~" 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 feet of the project.
3.5 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.
3.6 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.7 Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
3.8 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical
clearance of 13' 6.
3.9 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.
3.10 Building setbacks shall be per the International Building Code for one and two story construction.
3.11 The roadways shall be built to Ada County Highway Standards cross section requirements and
shall have a clear driving surface. Streets with less than a 29' street width shall have no parking.
Streets with less than 33' shall have parking only on one side. These measurements shall be
based on the back of curb dimension. The roadway shall be able to accommodate an imposed
load of 75,000 GVW.
3.12 The fITe department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.13 Maintain a separation of 5' from the building to the dumpster enclosure.
3.14 The first digit of the Apartment/Office Suite shall correspond to the floor level.
3.15 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code.
3.16 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.
3.17 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.18 All R -2 occupancies with 3 or more units shall be required to be fire sprinklered.
3.19 There shall be a fire hydrant within 100' of all fire department connections.
3.20 Emergency response routes and fITe lanes shall not be allowed to have speed bumps.
3.21 Parking should be prohibited in driveways of side entry garages to allow room for Fire Department
turn around.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
4. POLICE DEPARTMENT
4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not
exceed two feet in height. Trees shall have a canopy of no less than six feet.
4.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if
solid fencing is used. All micropaths and open areas shall have adequate lighting.
4.3 Private streets are not wide enough to allow parking for visitors. Visitor parking should be
provided on the site.
5. PARKS DEPARTMENT
5.1 The Parks Department did not submit cormnents on this application.
6. SANITARY SERVICE COMPANY
6.1 No cormnents were received from SSC regarding this application.
7. ADA COUNTY HIGHWAY DISTRICT
Andrew Mentzer, Ada County Highway District, submitted a letter to the City dated March 26,
2007, in response to this application. The letter states that because the internal roadways are
proposed to be constructed as private streets rather than public streets, ACHD does not have any
requirements for the private roads and that the applicant should only comply with the
improvement and right-of-way requirements for Locust Grove Road. Additionally, the Applicant
should submit construction drawings to the ACHD Development Review prior to fmal approval,
and pay all applicable review and impact fees.
8. CENTRAL DISTRICT HEALTH 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 DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
c. Legal Description & Exhibit Map
Leaal DescriDtion
Bellabrook Villas
A parcel of land located in the NW ~ of the NVV ~ of Section 17~ Township 3 North, Range 1
East Boise Meridian, Ada County, Idaho. and more particularly described as foflows,.
Commencing at a brass cap monument marking the northwest comer of said NW ~ of the
NW X from Vlhich a brass cap monument marking the southwest corner of the N\N !4 of said
Section 17 bears S 0.31'43- W a distance of 2658.74 feet;
Thence S 003,1~43" W along the westerly boundary of said NW ~ of the NW !4 a distance of
890..67 feel to a point:
Thence leaving said westerly boundary S 89-57"19" E a distance of 48~OOfeet to a ~ inch
diameter iron pin on the easterly right-or..way of $, Locust Grove Road and the POINT OF
BEGINNING:
Thence continuing S 8go57.,9w E a distance of 944.94 feet to a 5/8 in~h diameter iron pin:
Thence S 0"29' 13l" W a distance of 77.52 feet to a * inch diameter iron pin;
Thence N 89459'37.W a distance of 567.77 feet to a 518 inch diameter iron pin;
Thence S O"32.24~ W a distance of 310;91 feet to a ~ inch diameter Iron pin;
Thence NageS8'07'- W afong a line 50.00 feet north of and parallel to 1he southerly boundary of
said NW % of the NW ~. a distance of 377. 18 feet to a 518 inch diameter iron pin on the easterly
right...of-way of $. Locust Grove Road~
Thence N OW31J43" E a(oog said easterly right-of..way a distance of 388.90 feet to the POINT OF
BEGINNING.
This parcel contains 4.38 seres and is subject to any easements existing or in use.
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Exhibit C
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
Bellabrook Villas Boundary Exhibit
LOCATED IN THE NW 1/4 OF THE NW 1/4 OF SECTION 17,
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5,2007
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 R-15. The Conunission
fmds 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 fmds that future development of this property will comply with the
established regulations and purpose statement of the R-15 zone.
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 Conunission 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 fmds 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; the Conunission finds that the
rezoning of this property to R-15 is in the best interest of the City.
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 Commission finds that if the site is designed according to the conditions of approval
in Exhibit B, the site will be large enough to accommodate the proposed use and meet
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5, 2007
the dimensional and development regulations of the R-15 district and the multi-family
Specific Use Standards.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan
and in accord with the requirements of this Title.
The Commission finds that the proposed multi-family residential use in the proposed R-
15 zone meets the objectives of the 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 multi-family development 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 frnds 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 finds that sanitary sewer, domestic water and irrigation can be made
available to the subject property. Please refer to cormnents 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 fmds 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.
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.
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.
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 5,2007
The Cormnission fmds that the proposed development will not result in the destruction,
loss or damage of any natural fe ature ( s) of maj or importance. Staff recommends that the
Cormnission 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.
3. Private Street Findings:
a. The Design of the private street meets the requirements of this Article;
The applicant shall comply with the private street design standards listed in UDC 11-3F-
4A and conditions of approval #1.2.5, 1.2.6, and 1.2.7 listed above in Exhibit B of this
staff report.
b. Granting approval of the private street would not cause damage hazard, or
nuisance, or other detriment to persons property, or uses in the vicinity; and
If the Applicant complies with the conditions listed in Exhibit B of this staff report
pertaining to private streets, the Cormnission does not anticipate any hazard, nuisance or
other detriment from the private streets if they are designed and constructed as required
by UDC 11-3F-4.
c. The use and location of the private street shall not conflict with the Comprehensive
Plan and/or the regional transportation plan.
The Cormnission finds that the use and location of the proposed private streets do not
conflict with the Comprehensive Plan and/or the regional transportation plan.
Exhibit D
Meridian City Council
May 22, 2007
Page 34 of 36
De Weerd: Okay. Item 13.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 13, CPA 07-008, Ten Mile Specific Area Plan
Text, and that the text be modified to incorporate the changes as stated in the previous
motion.
Bird: Second.
De Weerd: Okay. I have a motion and a second to approve Item 13. Is there any
discussion? Mr. Berg, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent.
MOTION CARRIES: THREE AYES. ONE ABSENT.
Item 14:
Public Hearing: RZ 07-006 Request for a Rezone of 4.38 acres from an
R-8 to an R-15 zone for Bellabrook by J.E. Development, LLC - 300
South Locust Grove Road:
* Item 15:
Public Hearing: CUP 07-005 Request for a Conditional Use Permit
approval for multi-family residential use in a proposed R-15 zone for
Bellabrook by J.E. Development, LLC - 300 South Locust Grove Road:
De Weerd: Thank you. Okay. Items 14 and 15 have been requested to be continued to
June 5th. I will open these two public hearings, RZ 07-006 and CUP 07-005, and ask for
a motion to continue these two public hearings.
Zaremba: Madam Mayor?
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: I move that we continue Items 14 and 15, RZ 07-006 and CUP 07-005,
relating to Bellabrook to our regularly scheduled meeting of June 5, 2007.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to continue Items 14 and 15. All those
in favor say aye. All ayes. Motion carries.
MOTION CARRIES: THREE AYES. ONE ABSENT.
CITY OF MERIDIAN
CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
DATE
June 5, 2007
ITEM #
17,18
RZ 07-006, CUP 07 -005
PROJECT NUMBER
PROJECT NAME
Bellabrook
PLEASE PRINT NAME FOR AGAINST NEUTRAL
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V
RECEIVED
JUN - 5 2007
City of Meridian
City Clerk Office