Loading...
HomeMy WebLinkAboutKelly Creek CUPRECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR KELLY CREEK SUBDIVISION BY KEVIN HOWELL CONSTRUCTION – CUP-03-028 - Page 1 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR A CONDITIONAL USE PERMIT FOR 216 213 RESIDENTIAL UNITS, 34,200 SQUARE FEET OF OFFICE USES AND 35,790 SQUARE FEET OF COMMERCIAL USES ON 79.77 75.43 ACRES IN PROPOSED R-8, C-G, AND L-O ZONES FOR KELLY CREEK SUBDIVISION Kevin Howell Construction, Applicant ) ) ) ) ) ) ) Case No. CUP-03-028 RECOMMENDATION TO CITY COUNCIL 1. The property is approximately 75.43 acres in size and is generally located at the northwest corner of Linder and McMillan Roads. 2. Kevin Howell, Kelly & Brenda Fulfer, Jack Fulfer, and Randall & Tanya Calkins are the current property owners and all parties have submitted either notarized consent or a special power of attorney for the subject applications. 3. Applicant is Kevin Howell Construction. 4. The subject property is currently zoned RUT (Ada County). There is, however, an application for annexation and zoning to R-8, L-O, and C-G zones before the City Council. The zoning of R-8, L-O, and C-G is defined within the City of Meridian Zoning and Development Ordinance Section 11-7-2. 5. The subject property is within the Area of Impact of the City of Meridian and contiguous with existing city limits. 6. The entire parcel is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 7. The Applicant proposes to develop the subject property in the following manner: 213 building lots & 15 other lots on 75.43 acres. 8. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR KELLY CREEK SUBDIVISION BY KEVIN HOWELL CONSTRUCTION – CUP-03-028 - Page 2 RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant for the property described in the application, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. This approval shall be referenced to the Preliminary Plat provided by the applicant and stamped by the City of Meridian July 3, 2003. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: 1. Applicant shall meet all of the requirements of the annexation and preliminary plat as a condition of the Conditional Use Permit. 2. Applicant shall provide a road connection via a private street from W. Apgar Creek Street to the commercial area in the vicinity of lot 41, Block 10. N. Dove Ridge Drive shall also be a private street. Both streets shall be designed as a 29- foot street with 5-foot sidewalks on both sides, in a 42-foot right-of-way. Construction standards shall meet ACHD standards per Ordinance 12-6-2.A.8. 3. Lots 18, 19, 20, and 21 of Block 10 shall be combined to become only Lot 19 of Block 10. 4. The modified development standards, including reduced lot size, reduced frontages, and exceeding block length requirements, are approved as depicted on the approved site plan. 5. The following amenities are required as part of the planned development: 7.59 acres of open space, including a 3.4 acre central private park. The park shall include a tot lot, gazebo, half-court basketball, and open play area. The subdivision also includes a network of mid-block pedestrian micropaths. All amenities shall be bonded for prior to signature on the final plat. The central park and related amenities shall be constructed as part of Phase 1, as depicted on the site plan. 6. Lot 26, Block 12, shall be provided an easement to Summit Way and an easement into the L-O zone. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR KELLY CREEK SUBDIVISION BY KEVIN HOWELL CONSTRUCTION – CUP-03-028 - Page 3 7. The proposed office and commercial areas within the development shall be required to apply for a detailed Conditional Use Permit for a Planned Development prior to submitting for building permits. 8. The detailed planned development approval of the office and commercial areas shall include the following as a condition of approval: A cross-access and cross- parking agreement shall be recorded for the office and commercial areas prior to issuance of a Certificate or Zoning Compliance in those areas. 9. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 10. Applicant shall submit 15 copies of a revised preliminary plat/site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. C. Adopt the Recommendations of ACHD as follows: 1. These segments of Linder Road and McMillan Road are not listed in the adopted Capital Improvements Plan; therefore, impact fees cannot be used to purchase the right-of-way abutting the site. Right-of-way dedication is not required with this application. If the applicant chooses to dedicate the right-of-way, ACHD will not provide compensation. The applicant shall do one of the following: i. Dedicate by donation an additional 5-feet of right-of-way along McMillan Road (30-feet total from the current centerline) and an additional 13-feet of right-of-way along Linder Road (38-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road. The sidewalk on McMillan Road shall be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41-feet from the centerline of the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of-way. ii. Dedicate by donation an additional 15-feet of right-of-way along McMillan Road (40-feet total from the current centerline) and an additional 23-feet of right-of-way along Linder Road (48-feet total from centerline), and construct a minimum 5-foot wide concrete sidewalk along McMillan Road and Linder Road, located within the new right-of-way. The sidewalk on McMillan Road should be located a minimum of 35-feet from the centerline of the existing roadway. The RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR KELLY CREEK SUBDIVISION BY KEVIN HOWELL CONSTRUCTION – CUP-03-028 - Page 4 sidewalk on Linder Road should be located a minimum of 41-feet from the centerline of the right-of-way. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. iii. Do not dedicate additional right-of-way, but construct a minimum 5- foot wide concrete sidewalk along McMillan Road and Linder Road in their ultimate locations. The sidewalk on McMillan Road should be located a minimum of 35-feet from the centerline of the existing roadway. The sidewalk on Linder Road should be located a minimum of 41-feet from the centerline of the right-of-way. Provide the District with an easement for any portion of the sidewalk(s) that are not located within the right-of-way. iv. Do not dedicate additional right-of-way, but construct a minimum 5- foot wide concrete sidewalk along McMillan Road and Linder Road, located at the back edge of the existing right-of-way (if feasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. Coordinate the location and elevation of the sidewalk with District staff. 2. Construct a separate westbound right-turn lane on McMillan Road at the Shadow Creek Way (now Wild Flower Drive) approach. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. 3. Construct a separate southbound right-turn lane on Linder Road at the Apgar Creek Street intersection. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. 4. Construct a separate northbound left-turn lane on Linder Road at Apgar Creek Street. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR KELLY CREEK SUBDIVISION BY KEVIN HOWELL CONSTRUCTION – CUP-03-028 - Page 5 constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the turn lane with District staff. 5. Construct a taper off of Linder Road for southbound right turns at the Deer Crest Way approach. The applicant may choose to install the auxiliary turn lane either when the phase abutting the subject auxiliary lane is being built, or when the warrant is met. If the later option is chosen, the necessary right-of-way needed to construct the subject auxiliary lane shall be dedicated with the abutting final plat phase and constructed when the warrant is met. The necessity for auxiliary lane construction (warrants) will be evaluated as each phase (final plat) is submitted. Coordinate the final design of the taper with District staff. 6. Construct Wild Flower Drive to intersect McMillan Road approximately 1,450- feet west of Linder Road, as proposed. The street shall be constructed with a 36- foot street section within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. 7. Construct Apgar Creek Street to intersect Linder Road approximately 530-feet north of McMillan Road, as proposed. The street shall be constructed with a 36- foot street section within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. 8. Construct Deer Crest Way to intersect Linder Road approximately 430-feet north of Apgar Creek Street and approximately 390-feet south of the approved Wild Goose Drive to the north, as proposed. The street shall be constructed with a 36- foot street section within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks. 9. Construct a commercial driveway on Linder Road located a minimum of 255-feet south of Apgar Creek Street and no closer than 150-feet from McMillan Road (for right-in/right-out only). Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. 10. Construct a commercial driveway on McMillan Road located approximately 250- feet west of Linder Road, as proposed. Pave the driveway its full width (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. This driveway may be restricted to right- in/right-out movements in the future. 11. Construct a commercial driveway on McMillan Road located approximately 235- feet west of the first commercial driveway on McMillan Road and approximately 500-feet west of Linder Road, as proposed. Pave the driveway its full width RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR KELLY CREEK SUBDIVISION BY KEVIN HOWELL CONSTRUCTION – CUP-03-028 - Page 6 (maximum 35-feet) and at least 30-feet into the site beyond the edge of pavement of the adjacent roadway edge and install pavement tapers with 15-foot radii abutting the existing roadway edge. 12. Provide the District with a copy of a recorded cross-access agreement for Lots 45, 46, 47 and 48, Block 10, to use the three commercial driveways listed in Conditions 9, 10 and 11 above, for access to the public street system. 13. Construct a commercial driveway to serve the proposed L-O zoned lots, located in alignment (measured centerline to centerline) or offset from the approved Palatine Way on the south side of McMillan Road a minimum of 255-feet (measured near edge of driveway to near edge of roadway). Provide the District with a copy of a recorded cross-access agreement for Lots 34 to 44, Block 12, to use the driveway for access to the public street system. 14. Utilize the existing driveway to the single-family home on Lot 26, Block 12. Pave the driveway to its full width (maximum 20-feet) and at least 30-feet into the site beyond the edge of pavement of McMillan Road and install pavement tapers with 15-foot radii abutting the roadway edge. Said driveway may be utilized until the existing home located on the lot is torn down or converted to another use. At the time of re-development, access to Lot 26, Block 12, from McMillan Road may be prohibited by ACHD. The applicant shall provide an access easement or frontage to Lot 26, Block 12, from Summit Way or the L-O zoned lots to the west. 15. Unless otherwise approved by District staff, the applicant shall construct Ballinger Avenue, Chimney Peak Avenue, Cody Creek Way, Summit Way, Green Mountain Drive, Bird Wing Court, Dove Ridge Drive, Stone Pond Drive, Sage Springs Drive, Kelly Creek Avenue and Wapoot Avenue as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks, all within 50-feet of right- of-way. 16. Construct District approved turnarounds for Bird Wing Court, Summit Way and Dove Ridge Drive (if Dove Ridge Drive is constructed as a public roadway and not a private roadway). 17. Pave the private driveway/street off of Chimney Peak Avenue, between Lots 17 and 22, Block 10, its full width and at least 30-feet into the site beyond the edge of pavement of the abutting roadway. ACHD does not make any assurances that the private road that is a part of this application will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD: i. Dedicate a minimum of 50-feet of right-of-way for the road. ii. Construct the roadway to the minimum ACHD requirements. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR KELLY CREEK SUBDIVISION BY KEVIN HOWELL CONSTRUCTION – CUP-03-028 - Page 7 18. Extend Wapoot Avenue from the west property line located approximately 125- feet south of the north property line, as proposed. 19. Extend Apgar Creek Street from the west property line located approximately 690-feet south of Wapoot Avenue (measured centerline to centerline), as proposed. 20. Extend Ballinger Avenue from the north property line located approximately 625- feet east of the west property line, as proposed. 21. Extend Chimney Peak Avenue from the north property line located approximately 1,090-feet east of Ballinger Avenue (measured centerline to centerline), as proposed. 22. Other than the access points specifically approved with this application, direct lot or parcel access to McMillan Road and Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat(s). 23. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR KELLY CREEK SUBDIVISION BY KEVIN HOWELL CONSTRUCTION – CUP-03-028 - Page 8 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400’ apart. 1997 UFC Appendix III-A 2. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400’ apart. 1997 UFC Appendix III-A 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR KELLY CREEK SUBDIVISION BY KEVIN HOWELL CONSTRUCTION – CUP-03-028 - Page 9 5. All roads shall have a turning radius of 28’ inside and 48’ outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 7. The phasing plan may require that any roadway greater than 150’ in length that is not provided with an outlet shall be required to have a turn around. 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. UFC 902.2.1 9. The proposed 216-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 626 residents at build out. The office lots and commercial lots will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2069 responses in the year 2000 and 2251 calls for service in 2001. According to a report completed by Fire & Emergency Services Consulting Group in February of 2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 10. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 11. The fire 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 E. Adopt the Recommendation of Settlers Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. 2. All storm drainage must be retained on-site. 3. The development must supply irrigation access to all lots within the above-named subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR KELLY CREEK SUBDIVISION BY KEVIN HOWELL CONSTRUCTION – CUP-03-028 - Page 10 F. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant’s central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the Recommendations of the Sanitary Services Company as follows: 1. More information needs to be submitted for the commercial and retail waste enclosures [upon submittal of a detailed CUP application].