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Memo from PlanningRECEIVED Requested Changes to the Agenda: none that we know of... ®EC ° 4 2001 Pro ect: Gramerc Townhome City of Meridian j y City Clerk Office Location: The site is located approximately '/4 mile west of S. Eagle Road, and just south of E. Overland Road. The subject property is currently located within the Urban Service Planning Area and the corporate boundaries of the City. The comprehensive plan designates this site as mixed-use regional. Applications: rezone, preliminary plat, conditional use permit, DA modification. Highlights of Proposed Development: Request to rezone 3.66 acres from R-15 to the TN-R with concurrent preliminary plat of 38 residential building lots on 2.81 acres that would allow for the future construction of attached townhouses on this site. The applicant also request conditional use approval for multi-family residential on 4 other existing R-15 lots. The applicant intends to condo the multi-family buildings consisting 31 total units. The applicant is proposing a unique product mix for this development. The development will include 31 condominium units and 38 townhouses with alley loaded garages with a first floor work space allowing the owners the opportunity to work from home. The applicant is also requesting approval to amend the Development Agreement for the subject site. The purpose of the modification is to list the permitted and prohibited uses within the Brownstone units and tie the developer to the proposed elevations. Gross Residential Density: 12.02 units per acre for both projects combined. Elevations: Yes Commission Recommendation: approval at their October 18, 2007 public hearing. Summary of Commission Public Hearing: i. In favor: Becky McKay, Representative and Joe Atalla, Applicant ii. In opposition: None iii. Commenting: None iv. Written testimony: None Key Issue(s) of Discussion by Commission: i. Parking for the future Condominiums. ii. Secondary access to the site. iii. Occupancy classifications. iv. Additional trees and foundation landscaping. v. Whether the corners of the development should be considered/reviewed as multi-family apartments or single-family condominiums. vi. Requiring 20' X 20' parking pads for the condominium units as stated i~n the Staff Report (Condition 1.2.10). vii. The applicant clarified at the hearing, the future Condominium units meet the 80 sq. ft. of private useable open space requirement per the UDC. Key Commission Change(s) to Staff Recommendation: i. Strike condition 3.24 requesting additional parking spaces from the Fire Department. 12/4/2007 ii. Additional trees and foundation plantings shall be required per the Staff Report. iii. Amend condition 3.11; the applicant shall work with the Meridian Fu-e Department in determining the classification for the Brownstone units. iv. Conditions 3.23 and 4.2 striking thru the preferred location for secondary access to Mountain View High School. Issued addressed prior to tonight's City Council hearing: i. The applicant has submitted a revised site plan, prepared by Engineering Solutions, Inc., dated November 2, 2007, reflecting the Commission's recommended parking standards requiring the 20' X 20' pads and parking stall dimensions for the multi-family units (future Condominiums). The applicant has removed one of the multi-family units, now there are 31 total. Staff has reviewed the revised site plan and finds the applicant in compliance with the City's parking standards. ii. The applicant has submitted a miscellaneous application to amend the development agreement for this site. The proposed DA modifications pertain to elevations and potential home occupations on this site. Staff has amended Condition 1.1.3, in Exhibit B, related to the proposed DA modification. Written Testimony since Staff Report: none Outstanding Issue(s) for City Council: Applicant requests the PW remove a condition related to floodplains. This is not in a floodplain; so Staff does not object to removing the condition. Applicant also requests removing a Police Department condition related to common entrances; Staff does not object to removing the condition. Notes: Project: Gramercy Short Plat Location: 1925 S, Wells Avenue on the east side of Mountain View High School. This property was previously platted as Lot 7, Block 3 of Gramercy Subdivision No. 1. Application: Short Plat Highlights of Proposed Development: short plat approval of 2 commercial building lots on 4.86 acres in a C-G zone Staff Recommendation: Approval; subject property meets all applicability requirements for a short plat. Written Testimony: None Applicant Provided Written Agreement with Conditions: Yes Outstanding Issue(s) for City Council: none known. 12/4/2007 Project: Newton's Nook Condominiums Location: 429 SW 5~' Avenue on the south side of Franklin Road just west of S.W. 5~' Avenue. This property was previously platted as Lot 4, Block 1 of Newton's Nook Subdivision Application: Short Plat Highlights of Proposed Development: condominium units within 1 building on 0.20 acres in a C-G zone Staff Recommendation: Approval; subject property meets all applicability requirements for a short plat. Written Testimony: none Applicant Provided Written Agreement with Conditions: Yes Outstanding Issue(s) for City Council: None known. The Applicant may not be here tonight. If there are folks here to testify, we may need to continue the item. Project: Bainbridge Location: South side of Chinden Boulevard between Ten Mile Road and Black Cat Road Applications: Time Extension Highlights of Proposed Development: 18 month time extension to obtain the City Engineer's signature on a final plat and commence the conditional use for Bainbridge Subdivision. The subject plat consists of 389 single-family lots, 22 common/other lots, 1 church lot, and 1 future development lot in the R-8 and L-O zoning districts on 151.72 acres. Other: With all extensions, the City may require compliance with the current provisions of the UDC as a condition for granting a time extension. This project was approved under the City's previous development code; there are additional conditions for this project that Staff is recommending be added/updated to the previously approved set of conditions. In accordance with ITD's requirements and UDC 11-3H-4C2 to allow for future hi~hway 20-26 expansion dedicate or preserve 100-feet of right-of--way from the centerline of Chinden Boulevard• construct a 35-foot wide landscape buffer along the north property line adiacent to Chinden Boulevard exclusive of any right-of-way• construct a 10-foot wide pathway along Chinden Boulevard as required by UDC 11-3H-4C4 Submit final plat and landscape plans depicting these requirements. Written Testimony since Staff Report: none Outstanding Issue(s) for City Council: none known. 12/4/2007 Project: North Phyllis Canal Location: The subject area includes 645 acres north of the Phyllis Canal and south of the Boise River from Linder Road to approximately'/4 mile west of Black Cat Road. Applications: Comprehensive Plan Map and Text Amendment Highlights of Proposed Development: propose to amend both the Text and the Map of the 2002 Comprehensive Plan. The Applicant, Sherrie Ewing, is proposing to amend the Map for the North Meridian area with a new future land use designation, River Residential. The River Residential designation is proposed to consist of common area/open space (265 acres), low- density (293 acres), medium low-density (48 acres), and medium-density (39 acres) residential uses with an anticipated average density of 3 dwelling units per acre. Concurrently, the Applicant has proposed a Text Amendment to the Comprehensive Plan to create a new land use designation for the subject area called River Residential that would include open areas, low-density residential, medium low-density residential, and medium-density residential uses with an anticipated average density of 3 dwelling units per acre. The details of the proposed Text Amendment are included in Exhibit B of this report. Other: Prior to the Planning and Zoning Commission hearing, Staff requested that applicant substitute a Low Density Residential designation for the River Residential designation. (Staff's only motivation was to simplify the request and to not add another designation to the Future Land Use Map.) The Low Density Residential designation allows up to 3 units per acre and is consistent with the Applicant's original proposal. The Applicant agreed to the change, and therefore the text amendment is no longer necessary. Commission Recommendation: approval at their November 1, 2007 public hearing. Summary of Public Hearing: i.In favor: Sherrie Ewing, Applicant; Jon Yorgason; Ryan Colson; and Tuck Ewing ii.In opposition: None iii.Cornmenting: None iv. Written testimony: Letter from the City of Eagle signed by the Mayor & City Council members (dated 10/24/07) Key Issues of Discussion by Commission: i.The desire of some residents along the west side of Linder Road south of the Phyllis Canal Project to also be incorporated into Meridian's Area of City Impact; and ii.The fact that the subject property currently lies within Eagle's Area of City Impact. Key Commission Changes to Staff Recommendation: None Outstanding Issue(s) for City Council: Whether or not it is in the City's best interest to amend the future land use map to include this area for future incorporation into the Area of City Impact as it is currently in Eagle's Area of City Impact. Written Testimony since Staff Report: none 12/4/2007 RECEIVE Project: Emerson Park Commercial DEC ° 4 2007 Location: 2910 & 3030 S. Meridian Road and 110 E. Victory Road, on the northeast comae-~~L~Office Meridian Road and E. Victory Road Applications: preliminary plat Highlights of Proposed Development: approval of 34 commercial retail building lots and 1 common lot on 17.84 acres in an existing C-G zone. Elevations: Yes; elevations approved with the DA modification application (MI-06-005). Commission Recommendation: approval at their September 6, 2007 public hearing. Summary of Commission Public Hearing: i. In favor: Chris Tverdy, Oaas Laney ii. In opposition: None iii. Commenting: None iv. Written testimony: None Key Issue(s) of Discussion by Commission: i. The existence of the buffer along Victory Road within the right-of--way rather than on the property, as required by the UDC; ii. The existence of a previously approved parking lot for the 2M building within the required buffer area along Victory Road; iii. Widening the existing 5-foot wide sidewalk along Meridian Road to a 10-foot wide sidewalk as required by the UDC along state highways. Key Commission Change(s) to Staff Recommendation: i. Strike condition 1.4, that required a 10-foot wide pathway along SH 69/Meridian Road, from Exhibit B of the staff report; ii. Modify condition 1.1.6b, requiring a 25-foot wide buffer along Victory Road and instead require Alternative Compliance; provide 15' wide buffer where there is adequate room available on the site. Alternative Compliance application shall be submitted prior to or concurrently with the final plat application; iii. Strike condition 1.1.6F, requiring a 10-foot wide pathway be depicted on the landscape plan along SH 69/Meridian Road, from Exhibit B of the staff report; iv. Modify condition 1.1.7 to require a minimum 15 foot wide buffer to be located outside of the ultimate right of way along Victory Road, instead of a 25-foot wide buffer, where no buildings or parking lots exist; v. Modify condition 1.1.13 in Exhibit B to allow for the relocation of the existing access to/from Meridian Road further to the north if agreeable with the owners of Double D, ITD, and the City Council. A Variance is required to be approved by City Council for the relocation of an existing access point to a state highway; vi. Modify condition 1.2.2 in Exhibit B to allow the pond to remain but require it to have re- crculating water and be maintained so that it does not create a mosquito breeding ground in accordance with UDC 11-3B-9C6; (Staff relocated this condition to the Site Specific Conditions of Approval section as condition 1.1.14.) 12/4/2007 vii. Modify condition 2.1 in Exhibit B to read, "Staff will work with the Applicant to draft a reimbursement agreement that will go before City Council for approval, as outlined in City Code 9-4-19"; viii. Modify condition 3.17 in Exhibit B to allow for the option of incorporating the required emergency access into the requested stub street along the northern boundary of the property. Construction plans shall be approved by the Meridian Fire Department; and ix. Modify condition 1.1.1 in Exhibit B to require the Applicant to apply for a Miscellaneous application to amend the existing Development Agreement for this site to reflect the conditions of approval for the subject preliminary plat. The Meridian City Council heard these items on October 2, and 23, 2007. At the public hearing on October 23, 2007 they approved the subject PP request. Summary of City Council Public Hearing: i. In favor: Chris Tverdy, Oaas Laney, Tim Mussell ii. In opposition: None iii. Commenting: None iv. Written testimony: None Key Issues of Discussion by Council: i. Commission's removal of the requirement (condition #1.1.6F) fora 10-foot wide pathway along SH 69; ii. Removal of the temporary access road to SH 69 for Victory Greens at the northern end of the site and requirement of a Variance application for the continued use of the access road to SH 69; iii. Relocation of the existing access point to SH 69 for Double D further to the north through the Variance application process; Key Council Changes to Staff/Commission Recommendation i. Modify condition #1.1.12 pertaining to the removal of the existing driveway to SH 69 to read, "...prior to the first final plat." Written Testimony since Staff Report: We have received written testimony dated October 31, 2007 from Richard Andrus on behalf of the applicant. Staff responded to that letter in a memo from Sonya Watters dated November 19, 2007. Outstanding Issue(s) for City Council: Applicant has requested reconsideration regarding condition 1.1.12 to allow the northern driveway to continue use until the 3`d phase of development is complete. This issue was focus of the discussion at the original hearing. In response to that issue, Staff submits the following • During the annexation hearing, the Applicant's Representative, Dave McKinnon, stated that they would like to keep the access point to State Highway 69/Meridian Road open at the northern boundary of the site temporarily until such time as this area redevelops and access can be provided internally. At that time, they would close down that access point. • The Development Agreement for this site approved in 2004 with the annexation for Mussell Corner states that, "The Applicant shall be allowed to use as a temporary access 12/4/2007 t• onto SH 69, which is located at the far northern portion of the proposed project, until such area redevelops." • Per UDC 11-3H-4.B.2, connections to a state highway are only allowed at section line roads and the half mile mark between section line roads. Although temporary access to SH 69 was allowed until such time as the site redevelops, approval of a permanent access point to the highway was never granted and would require approval of a Variance. Because the driveway access is not allowed by the UDC, it is deemed anon-conforming use. As anon-conforming use, the use may continue as long as the use remains lawful and is not expanded or extended, per UDC 11-1B-4. With development of the first phase of Emerson Park, the use will be expanded. Thus, the use shall not be allowed to continue without specific approval of a Variance. We have consistently applied the non- conforming use code in this manner. If a use on five acres wants to annex to the City and divide the property such that it is now on two acres, we insist that the non-conforming use come into compliance with our codes. This interpretation of the Code is fundamental to achieving compliance with older businesses and homes that annex into the City. • Preliminary Plat (PP-07-014) Condition of Approval #1.1.12 for Emerson Park states, "The access driveway at the north end of this site to Meridian Road that is currently being used for loading for Victory Greens shall be removed and the use discontinued prior to signature on the final plat." • Per the letter submitted to the City by Richard Andrus of Spink Butler, dated October 31, 2007, the Applicant believed that this access would be allowed to remain open until the portion of the property including the access develops. With each application, Staff has vigorously advocated that the access be discontinued. We maintain that the condition to allow the temporary access was intended to terminate upon the first subsequent development application on this site. The Applicant's own testimony states "until such time as this area redevelops and access can be provided internally." The first phase of Emerson Park will provide public street access to the landscaping business. There is no need to continue the direct access to SH 69/ Meridian Road. Our concern is that each "temporary" approval of the access point is a lost opportunity to have that access closed. If Emerson Park only develops one phase, we will have missed our opportunity to improve the safety of the traveling public on Meridian Road. Therefore, because of 1) the statement made by the Applicant at the hearing on July 6, 2004, 2) the existing, Development Agreement provision that states that the subject access point shall be allowed until such time as the property redevelops and there is internal access to the site, and 3) the use is being expanded and the nonconforming use is not allowed to continue, Staff recommends that Condition of Approval #1.1.12 be upheld. Staff further recommends that the condition be modified to clarify that the use of the access point shall be discontinued prior to signature on the final plat of the first phase of the development. I'd like to point out that the landscaping business has now been annexed to the City for over three years, and is still not in compliance with our development standards. Typically you require compliance concurrent with the initial development of the property. 12/4/2007