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HomeMy WebLinkAboutKelly Creek Sub CUP 03-028June 30, 2003 MERIDIAN PLANNING 8, ZONING MEETING APPLICANT Kevin Howell Construction CUP 03-028 July 3, 2003 ITEM NO. 9 REQUEST Public Hearing -Request for a Conditional Use Permit for a Planned Unit Development for 216 residential units, 34,200 square feet for office uses and 35,790 square feet for commercial uses for proposed Kelly Creek Subdivision -northwest comer of North Linder and West McMillan Rds AGENCY 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: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: ~~~~~ ~Q~oU~ Gl~ Date: '' ~~ ~ Phone: ~~1`7~.3~ L/ ~, Materials presented at public meetings shall become property of Fhe City of Meridian. COMMENTS See attached Comments See attached Comments See attached Comments R~C~-~D CITY OF MERIDIAN ~! ~~ ~ - 3 2003 PUBLIC HEARING CITY OFI~IEHIDIAN SIGN-UP SHEET DATE July 3, 2003 ITEM # 9 PROJECT NUMBER CUP 03-028 PROJECT NAME Kelly Creek Subdivision NAME (PLEASE PRINT) FOR AGAINST NEUTRAL ~ ~; JUN-25-2003 02:43P FROM:Sanitary MAY Robert u. orri CITY COUNCIL 6t?RS ~I~anlmy de Weel~ William 1.. M. Nary Chcrm McCandk55 ~ r `iR%' ~~yM1~, f :11Y IIf '~y~~'+ ' . `~r,+ eri~rcn ~ ;, IDAHG ~~ v• LHGAL UL•I'ARfNI CV t (.08) 660.9[/! ~ I`Ax a4G-a4u] PARK$ $ ItHCItCAI IUN 1208) 888 3579 • Fa.~ A98 ii01 YUULIL WUKRS Onal fl9s 55nu-ra] ax.-1[~1; UVILUINti UCPAKTM r.NT (208)88 h1LII •Yu,r 88~•I.n7 Keith Bilxl 'd~=l•L'L'',1] rt:Vr2B~ Imtt YLANNINU $ LUNING j~]W (?OR) fl8a Si3) • Fq] Hfi8 UB,a TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommandalionswif! be considered Dy the Merldldn Planning and Zoning Commission, please submit your comments and recornmendatiuns to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: June 26, 2003 Transmittal Daie: May 28, 2003 Hearing Date: JUIy 3, 2003 Fite No.: CUP 03A28 Request: Conditional Use PertnN for a Planned Unlt Development for 216 residential units J4,200 sq ft for office uses & 35,790 sq ft for commercial uses for proposed Kelly Creek Subdivision By: Kevin Howell Location of Properly or ProJea: Nw comer of Linder and McMillan Roads David Zarernba, P1Z (NO VAR, vac, FP) Jerry Centers, P!Z (NO VAR, VAC, FP) Leslie Mathes, P/Z (No VAR. VAC, FP) Michael Rohm, P/Z (NO VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Cortie, Mayor 81U Nary, C/C Tammy deWeercl, C/C Keith Bird, G/C Cherie McCandless, C/C Water Department Sewer Department Sanitary S6NICe rNo VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer Cdy Planner Palos Department Meridian School District (NO FP) Meridian Post Office (FP/PYonly) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Inig. District Settlers Irrigation pistriG Idaho Power Co. (FPlPP ony) U.S. West (FP/PPOMy) Intermoumain Ges (FP/PPOnry) Bureau of Reclamation (FPiPP only) ttlaho Transportation Department rNo rPl Ade County (Annexation only) Ada Counly Land Records (PP/f'P ony) Meridian Development Corporation Historical preservation Commission Your Concise Remarks: - lty ~lp~•k L/ CE BYY`~~ ~_:~ H/VS1L _ COMMENTS: '~"oe~~-~~U ~FE.DS o 6~ ~6m.n-rLFa -~oe T.1r~ ~om.ne2clac. d~rar~ SANITARY SERVICE COMPANY city of Meridian 33 EAST IDAl{U AVENIlF. • MGRIDIAN IDAHO 831541 • (2U8) 868-A433 r~Aa~ %-•c~u SvRESS City Cluk Offitx Fax (2081888-4218 - Humal Resource] Fat (2UB) 88d•8723 finance Ft Utility Billing Fax (2n8) 88'r.+<81 S JUN 25 '03 14:55 208-886-5052 PRGE.13 MAYOR ROBERT D. CORRIE COUNCQ~ MEMBERS WILLIAM L.M. NARY ~ KEITH BIRD ~` ~ ' #" ~c ~'6 ,7 TAMMY DE WEERD ', rv cn= ~ CHP.RLE MCC 1NDLESS q ~~-' I L L/ / ~l C~~t L ~I / i RURAL FIRE COMMISSIONERS it ~, u ~ RICHARD GREENS TERRY LEIG}{TON ~ ~ h STEVE ELLIOTT r _._ -" , MERIDIAN CITY/ROR%;1'.~ ~'Rl~ C} ,} 't'~'I IN'I' June 10, 2003 I;HIEP KEN W. BOWERS DEPUTY CHIEF -FIRE PREVENTION JOSEPH SILVA DrPnTY CHIT r TRAINING HILL IoIINU)N < i Flu Q'. ~ 1 4' RECEIVED JUtJ 1 J ~~D3 City Of Meridian City Clerk Office TO: FROM: SUBJECT: Meridian Planning & Zoning Commission Joseph Silva, Deputy Chief, Fire Prevention Kelly Creek Subdivision AZ 03-013, CUP 03-028, PP 03-014 The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. One and Two family dwellings will require afire-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 II[-A 2. Commercial and office occupancies will require afire-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. 5. All roads shall have a taming 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 minimtun of two points of access will be required far any portion of the prnject. which serves more than 50 homes. UFC 902.2. l 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 unlmown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2069 responses i n t he year 2000 and 2 251 calls for service in 2001. According to a report completed by Fire & Emergency Services Consulting Group in Febniary of 2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the yeaz 2010. l0.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 anal sul~llcicnt 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 [o 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 CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Return to: C HEALTH Environmental Health Division ^Boise DEPARTMENT ^ Eagle Rezone # ^ Garden City Conditional Use # (t (_,t ~ Q ~ -Oa..~ ~eritlian Preliminary /Final /Short Plat ^Kuna ^ ACZ ^ 1. We have No Objections to this Proposal. . ~;, ~ ° °J 2~3 ^ 2. We recommend Denial of this Proposal. a: Of Meridian City Clerk Office ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ~8. After written approval from appropriate erdities are submitted, we can, approve this proposal for: ~sentral sewage ^ community sewage system ^ community water well ^ interim sewage ~_central water ^ individual sewage ^ individual water ~.9,- The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ~sentral sewage ^ community sewage system ^ community water ^ sewage dry lines central water /~. Run-off is not to create a mosquito breeding problem. ^ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilfties are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocerystore ~. ~,~~c..atP sF12~ 47T~fCffPD .fr oo/Ykw-aTE~ZZ !~' oiw..e-n.[R+'>ar! Date: ~S / ~~ (~ Reviewed By: l2,, .~it~ ~J Review Sheet coHn boo Bo _ CENTRAL •• DISTRICT ~ HEALTH DEPARTMENT -- MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-5211 • FA%327-8500 7a prevent and treat disease and disabiiirp; ro promote health} lifestyles; and ra protect and promote the health and quulitp of our environment. STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Department of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, -May 2000. wee.,, rt. o3ro Serving Valley, Elmore, Boise, and Ada Counties Ada /Boise County Office - Elmore County Office Valley County Office 707 N. Armstrong PI. 520 E. 8[h St. North 703 N. 1st St. Boise, ID 83704 Mountain Name, ID 83647 P.O. Box 1448 Endra. Health: 327-7499 Endro. Health: 587-9225 McCall, ID 83638 Family Planning: 327-7400 Family Heanh: 587-0407 Ph. 634-7194 Immunizations: 327-7450 WIC: 587-4409 FAX: 634-2174 Senior Nutrhion: 327-7460 FA%: 587-3521 WIC: 327-7488 FAX: 327-8500 HUB OFTREASURE I~ALLEY ~~ > ~ ~~- MAYOx A Good Place to Live L Robert•D. Come CITY OF MERIDIAN ~ - 3 0 CLTY COUNCIL MEMBERS Tammy deweera 33 EAST IDAHO xeilh s;ra MERIDIAN, IDAHO 83642 I ~e1~1S ~ , gl Cherie M~Canaless (208} 888-0433 • FAX (208) 887-4813 CiTy Clerk Office Fax (208) 888-4218 William L.M. Nary STAFF REPORT: P&Z Hearing Date: July 3, 2003 Transmittal Date: June 30, 2003 7~ To: Mayor, City Council and Planning & Zoning Commission RECEIVEIJ From: BruceFreckleton,SeniorEngineeringTech~ JUN 3 0 2003 Steve Siddoway, Planner II t~~--- City Of Meridian City Clerk Office Re: Kelly Creek Subdivision • Annexation and Zoning of 79.77 Acres from RUT (Ada County) to R-8 (Medium Density Residential), L-O (Limited Office), and C-G (General Retail and Service Commercial), by Kevin Howell Construction (File No. A~03-013). • Preliminary Plat Approval of 216 Residernial Lots, 14 CommerciaUoffice Lots, and 14 "Other" Lots on 75.43 Acres of Land, by Kevin Howell Construction (File No. PP-03-0014). A Conditional Use Permit for a Planned Development for 216 Single Family Dwellings, Ten (10) Office Buildings (total up to 34,200 s.f.), and Four (4) Commercial Buildings (total up to 35,790 s.f.). The Proposed Planned Developmern Includes a Request to Allow a Land Use Exception (Office/Commercial Uses), Reduced Lot Sizes, Reduced Frontage Requirements, and to Exceed Block Length Requiremerns, by Kevin Howell Construction (File No. CUP 02-028) We have reviewed the aforementioned applications card now offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMILIARY The Applicant, Kevin Howell, has requested the annexation and zoning of 79.77 acres of land at the northwest comer of McMillan and Linder Roads. The land is presently zoned RUT and contains four single family dwellings. Two of the dwellings will remain in the proposed subdivision; the other two will be removed as the property develops. The property is comprised of eight (8) tax pazcels and three different property ownerships. According to Assessor's records, the eight parcels combined include 75.43 acres of land; the remaining 4.34 acres included in the annexation is right-of--way (because we annex to the centerline of adjacent arterial roads). The Applicant's preliminary plat approval request is for 216 residential lots, 4 commercial lots, 10 office lots, and 14 "other" lots. The "other" lots include common open space, street buffers, AZ-03-013; PP-03-014; CUP-03.028 Keay Creek Bub AZ.CUP.PP Mayor, Council, and P&Z Commission Heazing Date: July 3, 2003 Page 2 micropaths, and stormwater lots. The proposed residential gross density of the subdivision is 3.08 dwelling units per acre; net density is 4.95 dwelling units per acre. Proposed lot sizes range from 6,000 s.f. to 12,000 s.f. The Applicant has also requested approval of a Conditional Use Permit for a Planned Development to allow reduced development standards including reduced lot size, reduced frontages, and to exceed block length requirements. Additionally, as part of the planned development request, the applicant has requested a twenty percent (20%) land use exception to allow office and commercial uses in the project. The proposed ten office buildings will total up to 34,200 s.f. on 5.99 acres and the four commercial buildings will total up to 35,790 s.f. on 5.8 acres. The excepted uses comprise approximately 15% of the overall project area. The applicant has provided the following amenities as part of the planned development: 7.59 acres (9.51%) open space, including a 3.4 acre central private park. The park includes a tot lot, gazebo, half- court basketball, and open play azea. The subdivision also includes a network of mid-block pedestrian micropaths. Staff has a number of concerns regarding the site plan as described on pages 12-14 of this report. CURRENT OWNERS OF RECORD Kevin Howell, Kelly & Brenda Fulfer, Jack Fuller, 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 three subject applications. LOCATION The subject property is located within Section 26, Township 4 North, Range 1 West, at the northwest comer of Linder and McMillan Roads. SURROUNDING PROPERTIES North: Lochsa Falls Subdivision, zoned R-4. South: Bridgetower Subdivision, zoned R-4. East: Recently approved Paramount Subdivision, zoned C-G. West: Lochsa Falls Subdivision, zoned R-4. ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff: AZA3A13; PP•03A14; CUP-03-028 Kelly Creek sub AZ.CUP.PP Mayor, Council, and P&Z Commission Hearing Date: 7uly 3, 2003 Page 3 "A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds that the requested residential zoning designation, R-8, is harmonious with and in accordance with the adopted Comprehensive Plan Future Land Use Map, which designates the land to be Medium Density Residential. The requested L-O and C-G zones do not comply with the Future Land Use Map, but can be approved under the use exception provisions of Ordinance 12-6-3. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the land to be annexed will be rezoned in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into commercial area by means of conditional use permits; Staff finds that the property will be developed in a manner consistent with the proposed zoning and/or consistent with allowable Planned Development uses. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that the annexation and zoning of the Bridgetower Subdivision to the south, Lochsa Falls to the north and west, and Paramount to the east is a significant change in the azea. All such developments were also approved as planned developments with land use exceptions. The two arterial streets abutting the project are not planned for improvements in Ada County Highway District's Five Year Work Program. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed uses match the intended character of the vicinity, as noted on the Generalized Land Use Map. Staff finds that the proposed uses can be designed and constructed in a manner that will be harmonious with and appropriate in appeaance with the existing and intended character of the surrounding azea. The proposed use exceptions are located adjacent to other similar use exceptions granted to surrounding developments. The existing character of the area will change, especially upon build-out of the proposed project, but it will not adversely change the essential character of area. AZ-03-013; PP-03-014; CUPA3-028 Kelly Creek Sub AZ..CUP.PP Mayor, Council, and F&Z Commission Hearing Date: 7uly 3, 2003 Page 4 F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony to determine whether or not the proposed use will be disturbing or hazardous to the neighboring uses. Staff does not anticipate that the proposed uses will be hazardous to future or existing neighbors. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The Commission and Council will need to reference any written or verbal testimony submitted by the Meridian Police Department regarding their ability to adequately service this project. The Meridian Fire Departmern has submitted a list of conditions and needs in order to adequately serve the project. The ACRD Commission will act on the application at their July 2 meeting. Water and sanitary sewer service to phase one will be readily available to the north from phase 3 ofLochsa Falls Subdivision which is currently under construction. Future phases of this development will be dependent upon a sanitary sewer extension to the west through future phases of the Lochsa Falls project. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. L Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed residential, office and commercial uses themselves will not be detrimental. Staff also finds that the proposed uses will create additional traffic on adjacent arterial roads. The Traffic Impact Study provided by the applicant to ACHD states that the developmem is estimated to generate 3,772 additional vehicle trips per day with a peak traffic volume of 352 vehicle trips per hour. AZ. 03-013; PP-03-014; CUP-03-028 Kelly Creek Sub AZ.CUP.PP Mayor, Council, and P&Z Commission Hearing Date: July 3, 2003 Page 5 Staff notes that the nuxed use nature of the proposed development will encourage a higher degree of trip capture within the square mile. In this regard, the "excessive production" of traffic is lessened versus a project without accessible neighborhood services. Staff does not anticipate the proposed uses will create excessive noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; ACHD staff has reviewed and recommended approval the vehicular approaches to the residential areas of Kelly Creek Subdivision off of Linder and McMillan Roads. The proposed access points to the commercial and office areas are found to violate ACHD's offset requirements and must be redesigned per ACHD requirements. Stafffmds that the applicant has proposed internal connections to adjacent properties by connecting to the fow stub streets provided by Lochsa Falls. K Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that no natural or scenic features of major importance will be lost or damaged by approval of this annexation request. The land is currently in agricultural production with no historic structures or significant natural features. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" Staff fmds that the annexation of this property would be in the best interest of the City. ANNEXATION AND ZONING COMMENTS 1. The legal descriptions submitted with the application appears to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The subject property is within the Urban Services Planning Area. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-?-517. Wells may be used for non-domestic purposes such as landscape irrigation. 4. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. AZ-03.013; PP-03-014; CUP-03-028 Kelly Creek Sub AZ.CUP.PP Mayor, Council, and P&Z Commission Hearing Date: July 3, 2003 Page 6 5. A Development Agreement will be required as part of this annexation request. The development agreement shall include all conditions of the annexation, preliminary plat, and conditional use permit/planned developmern. PRELIlVIINARY PLAT FINDINGS AND 12EQUIltEMENTS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "ln determining the acceptance of a proposed subdivision, the Commission/Councd shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; As noted above, staff finds that the subdivision appears to be in conformance with the Comprehensive Plan, provided the Commission and Council grant the requested land use exceptions. See Annexation and Zoning Analysis item A. b. The availability of public services to accommodate the proposed development; Staff finds that public services aze available to accommodate the proposed development. See Annexation and Zoning Analysis item H. G The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not conflict with the capital improvement plan. Because the developer is installing sewer, water, local street infrastructure, utilities and irrigation, the subdivision will not require the expenditure of capital improvement funds. See Annexation and Zoning Analysis item H. d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. Staff recommends that the Commission and Council consider the Meridian Police and Fire Departments' comments with regard to their capability to serve the proposed development. See Annexation and Zoning Analysis item H. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis; no hazazdous natural features have been identified on the site. AZ-03.013; PP-03-014; CUP-03-028 Kelly Creek Sub AZ.CUP.PP Mayor, Council, and P&Z Commission Hearing Date: July 3, 2003 Page 7 SPECIAL CONSIDERATIONS A. Street Alignment: The proposed connection to Apgar Creek Street to the west does not align with the approved preliminary plat for Lochsa Falls. Staff does not object to the proposed shift, however, staff recommends that the applicant provide a letter from the developer of Lochsa Falls stating that they are in agreement to shift the stub street when the area is final platted. See Site Specific Condition #1. B. Arterial Right-of-Wav: The proposed preliminary plat must be modified to accommodate the additional right-of--way required by ACRD for future road widening along Linder Road and McMillan Road. Staff recommends that the future right-of--way be placed on separate common lot(s) so that they will be easily conveyable in the future. See Site Specific Condition #2. C. Street Buffers: Landscaped street buffers are required along McMillan and Linder Roads. The minimum width of the buffers is 25 feet. ACRD has provided the applicant with several options in relation to the dedication of future right-of--way and construction of sidewalks. One option is to dedicate an additional 15 feet along McMillan and an additional 23 feet along Linder, with a detached sidewalk to be located within the additional right-of--way. Another option is to dedicate only an additional 5 feet along McMillan and an additional 13 feet along Linder, with a detached sidewalk to be located within the street buffer on a public easement. Ordinance 12-13-10-2 states that if detached sidewalks are located within the street buffer, the buffer width must exclude the width of the sidewalk. Thus, if the latter option is chosen by the applicant, the street buffer width must be increased to 30 feet to accommodate 25 feet of landscaping and a five foot sidewalk. See Site Specific Condition #4. D. Fencin :Fencing shown on the landscape plan does not taper down to 3 feet maximum within 20 feet of all right-of--way. Micropath fencing is also not shown but is required. Staff also recommends that the developer install fencing along the east and west sides of the central park for a consistent appearance. See Site Specific Condition #5. SITE SPECIFIC COMMENTS (oreliminarv nlat) 1. At least 10 days prior to the next hearing on this application, the applicant shall provide a letter from the developer(s) of Lochsa Falls Subdivision stating that they are in agreement to shift the location of W. Apgar Creek Street as depicted on the proposed preliminary plat for Kelly Creek Subdivision. The shift would formally occur upon final plat of that portion of Lochsa Falls. If the applicant cannot obtain such a letter, the preliminary plat must be redesigned to conform to the approved stub location. Z. Water and sanitary sewer service to phase one will be readily available to the north from phase 3 of Lochsa Falls Subdivision which is currently under construction. Future phases of this development will be dependent upon a sanitary sewer extension to the west through future phases of the Lochsa Fa11s project. AZ-03-013; PP-03-014; CUP-03-028 Kelly Creek Sub AZ.CUP.PP Mayor, Council, and P&Z Commission Hearing Date: July 3, 2003 Page 8 Modify the plat to accommodate the future right-of--way as required by ACHD along McMillan and Linder Roads. All future right-of way shall be located on a sepazate common lot. Add McMillan and Linder Road name to the preliminary plat map. 4. In accordance with Ordinance 12-13-10-8, Applicant shall construct detached sidewalks adjacent to Ten Mile Road, McMillan Road and Linder Road. The minimum width of the parkway area between the future curb and sidewalk is five (5) feet. in any parkway azeas less than ten feet wide, tree plantings within the parkways will be restricted to either Class I or Class II trees. 5. Street buffers along McMillan and Linder Roads shall include 25 feet of landscaping and may be measured from the future back of curb, since detached sidewalks are required. If the right- of-way ends at the back of curb, the width of the landscape buffer common lot shall be at least 30 feet wide to provide a fu1125 feet of landscaping exclusive of the sidewalk width. 6. Fencing details shall be submitted with the Final Plat application for perimeter fencing. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. Micropath fencing shall be shown per Ordinance 12-13-15-9. Fencing is also required by the developer along the east and west sides of the central park for a consistent appeazance from within the park. 7. Revise preliminary plat note 3 to include rear lot lines to the list of lines having 10-foot wide easements for public utilities, drainage, and irrigation. 8: A detailed landscaping plan and performance specifications for the common area pressurized irrigation system shall be submitted with the final plat application. 9. The phasing schedule may apply to the residential portions of the subdivision only. If the applicant/developer determines that the office/commercial property can or should be developed in an order that is not consistent with the phasing schedule, they may request final plat approval of said phases in anon-sequential manner without revising the preliminary plat. All development; however, must be contiguous to a previously approved phase. GENERAL COMMENTS (arelimioarv slat) 1. Please submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at AZ•03-013; PP-03-014; CUP-03-028 Kelly Creek Sub AZ.CUP.PP Mayor, Council, and P&Z Commission Hearing Date: 7uly 3, 2003 Page 9 locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. Underground pressurized irrigation must be provided to all landscape azeas on site. Applicant shall be required to utilize any existing surface or well water for the primary source. Applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Settler's Irrigation District. 6. Perimeter fencing shall be required, unless otherwise agreed upon in writing by the Planning Director. No fencing will be permitted within the required landscape buffers. The Applicant shall address the type of fencing planned at the P&Z Commission public heazing. Submit detailed fencing plans for review and approval with submittal of the Final Plat. All required fencing is to be in place prior to issuance of building permits. A letter of credit or cash will be required for these fences prior to signature on the final plat. Perimeter fencing shall be installed prior to obtaining building permits. 7. A detailed landscape plan for the common areas, including pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat applications. The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat. 8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacern and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 9. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 10. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. Please submit updated groundwater/soils monitoring data to the Public Works Department for review. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a AZ•03-013; PP-03-014; CUP-03-028 Kelly Creek Sub AZ.CUP.PP Mayor, Council, and P&Z Commission Heazing Date: July 3, 2003 Page 10 minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above groundwater. STANDARDS FOR CONDITIONAL USE PERMITS 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 (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Staff finds that the subject property is Iarge enough to accommodate the requested use and all other required features. All residential lots are of adequate size and shape to accommodate homes that would comply with the zoning ordinance bulk and dimensional standards. The commercial properties appear to be of adequate size to accommodate structures, pazking, and drived aisles. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The current Comprehensive Plan Land Use Map designates the property as Medium Density Residential. The proposed mix of residential, commercial and office uses can comply with the Comprehensive Plan by means of approval as a Planned Development if the requested use exception is granted. Staff finds that if the modifications required in this report are done, the application will meet the requirements of the Planned Development and other Zoning Ordinances. 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 nse will not adversely change the essential character of the same area; Staff finds the design concept to be compatible with the intended character of the area. See item E under Annexation and Zoning Analysis. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed development will have an adverse impact on the surrounding property. However, the Commission and Council should consider any testimony given at the public hearings before making this finding. E. That the proposed use will be served adequately by essential public facilities and services A7.-03.013; PP-03-014; CUPA3-028 Kelly Creek Sub AZ.CUP.PP Mayor, Council, and P&Z Commission Hearing Date: July 3, 2003 Page 11 such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; (See comments under Annexation & Zoning Analysis item G.) F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; (See comments under Annexation & Zoning Analysis item H.) 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; (See comments under Annexation & Zoning Analysis item I.) H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traflc on surrounding public streets; (See commerns under Annexation & Zoning Analysis item 7.) L 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. (See comments under Annexation 8c Zoning Analysis item K.) FINDINGS FOR USE EXCEPTIONS WITHIN A PLANNED DEVELOPMENT MCC 12-6-3 "Use Exceptions" require the Commission and Council to make the following findings in order to authorize specific uses that are not normally permitted by the use regulations of the zone in which the development is located (no more than 20% of the gross area of the gross project): 1. The uses permitted by the exception are strongly related to the principal use of the development, and have the purpose of providing services or facilities useful or complementary to the primary use. Staff finds that the office/multiple-family housing uses are related to the primary residential use of the development. The office and commercial uses will provide services that will be complementary to the residents of the subdivision, and may provide employment opportunities as well. Staff has some concern about continuing to allow commercial uses on the arterial intersections, since they create additional congestion at the intersections and compete with the neighborhood centers shown in the Comprehensive Plan. However, in this location, since other AZ-03-013; PP-03-014; CUP-03-028 Kelly Creek Sub AZ.CUP.PP Mayor, Council, and P&Z Commission Hearing Date: July 3, 2003 Page 12 office/commercial use exceptions have already been approved on two of the other comers, staff finds that the layout will match the character of other surrounding developments. 2. No more than twenty percent (20%) of the total area of the project shall be devoted to the uses permitted by the exception. The percentage of use exception allowed wilt be determined by the Commission and Council based upon the size of the project and intensity of the use exceptions. The proposed ten office buildings will total up to 34,200 s.f. on 5.99 acres and the four commercial buildings will total up to 35,790 s.f. on 5.8 acres. The total area to be annexed for the project is 79.77 acres. Thus, staff finds that the excepted uses utilize approximately 15% of the overall project area. (5.99 acres of office + 5.8 acres commercial _ 79.77 acres * 100 = 14.78% of land. Staff finds that the size and intensity of the excepted uses is appropriate for this location and size of development. 3. The development will be phased so that construction of the excepted use or uses will be justified by construction of all or a proportionate amount of the principal or primary use or uses. Staff finds that the excepted uses (office and commercial) will be phased and constructed in a manner that justifies their inclusion as part of the project's primary residential uses. 4. The uses permitted by the exception are integrated into the overall project by: a. Being located in proximity to and within convenient walking distance of the primary uses. Staff finds that the office/commercial uses aze located in the southeast and southwest corners of the proposed development. Staff finds that the excepted uses are within convenient walking distance for many of the residents within the proposed subdivision. b. Utilizing one or more of the main vehicular accesses to the primary use site as the main access to the exception site or interconnection through a system of private roadways and/or pathways. Staff finds that the proposed office area has a road connection to the residential use on its north boundary and a pedestrian connection to the east. The conunercial area at the southeast comer of the subdivision has a pedestrian connection, but no vehiculaz connection. Staff recommends providing a road connection via a private street to the commercial area in the vicinity of lot 41, Block 10. See Site Specific Condition #2. G Providing pedestrian and bicycle pathway connections with the primary use site. AZ-03-013; PP-03-014; CUPA3-028 Kelly Creek Sub AZ.CUP.PP Mayor, Council, and P&Z Commission Hearing Date: July 3, 2003 Page 13 Staff finds that the proposed development has one pedestrian bicycle connection to each use exception area. With the addition of a vehicular access on the north side of the commercial area, as described above, staff recommends that the pedestrian connection (lot 36, block 10) shift to provide pedestrian/bicycle access from the west neaz lot 31, block 10. See site specific condition #3. d. Orienting buildings on the exception site to facilitate vehicular and/or pedestrian access from the primary use site. Staff finds that the excepted commercial layout does not currently facilitate vehiculaz access from the primary use site, unless a private street connection is provided to W. Apgaz Creek Street as described under item "b" above. With that addition and shifting the pedestrian access, staff finds that adequate access will be facilitated. Staff finds that the proposed building orientation places the reaz of the structures abutting the pedestrian accesses, which obscure the accesses and make them less friendly for the users. Staff recommends realigning the building pads and/or pedestrian accesses to be in amore visible location. e. Continuing architecture, landscaping, and building bulk concepts from the primary use into the use of the exception site so they are consistent and harmonious throughout the development. Staff finds that the landscaping is consistent throughout the development. Architectural and building bulk concepts will need to be submitted with a new detailed conditional use permits for each of the office and commercial areas. The Commission and Council should determine what, if any, azchitecturaUdesign concepts (residential and/or commercial) should be incorporated into all buildings within this development at this time. 5. The uses} permitted by the exception are neighborhood or community serving in size and character and not regional, and are not detrimental to adjacent neighborhoods in location and character. Staff finds that the office, commercial and multi-family uses are not regional in size or character. SPECIAL CONSIDERATIONS A. CommerciaUOffice layouts: Only conceptual approval of the excepted uses is currently requested by the applicant. Detailed conditional use permits will be required for all the office and commercial uses in the project. Therefore, no detailed review of the proposed layout is provided in this staff report. The proposed access points were not approved by ACRD and must be relocated in accordance with ACRD policy. The site plan depicts areas for landscape AZ-03-013; PP-03-014; CUP-03-028 Kelly Creek Sub AZ.CUP.PP - Mayor, Council, and P&Z Commission Hearing Date: July 3, 2003 Page 14 islands in the parking lot that do not appear on the accompanying landscape plan. The pazking lot layouts in the office azea do not provide for backout areas exclusive of the landscaped buffers between land uses. All such issues will need to be resolved with the application for detailed approval. Perhaps the major issue related to layout that affects the plat is the relationship between the pedestrian access on lot 25, Block 12 and office building pad on lot 36, Block 12. Staff recommends that the design be reconfigured to provide more visible access. The applicant should address this at the public hearing. If the pedestrian access to the conunercial area is relocated as described in finding 4c above, staff recommends considering the pedestrians' experience as it interfaces with the commercial layout. B. Reduced Standazds: The Applicant has also requested approval of a Conditional Use Permit for a Planned Development to allow reduced development standards including reduced lot size, reduced frontages, and to exceed block length requirements. Staff has no objections to the requested modifications. The Commission and Council should also consider if the requested modifications are acceptable. See Site Specific Condition #4. C. Amenities: The applicant has provided the following amenities as part of the planned development: 7.59 acres (9.51%) open space, including a 3.4 acre central private pazk. The pazk includes a tot lot, gazebo, half-court basketball, and open play area. The subdivision also includes a network of mid-block pedestrian micropaths. The Commission and Council should review these proposed amenities and determine if they aze "appropriate to the size and uses of the proposed development" per Ordinance 12-6-2.3. Staff finds that the proposed amenities are appropriate to the size and use of the development. See Site Specific Condition #5. D. Private Streets: ACHD provides an alternative for the proposed Dove Ridge Drive, which connects to the north portion of the office azea, to either be constructed either as a public or private street. As a planned development, a private street connection can be approved. The planned development ordinance specifies various private street standazds based on the number of dwelling units accessed by the street; it makes no specific provisions for private streets accessing commercial or office areas. Staff recommends approving Dove Ridge Drive as a private street, to be designed in conformance with 12-6-2.A.6.e and f. This requires a 29-foot street with 5-foot sidewalks on both sides, in a 42-foot right-of--way. Per findings 4-b and 4-d under the Findings for use exceptions, staff recommends a private street connection from W. Apgaz Street to the commercial area in the vicinity of lot 41, Block 10. Staff recommends that the street be designed in conformance with 12-6-2.A.6.e and f. This requires a 29-foot street with 5-foot sidewalks on both sides, in a 42-foot right-of--way. Lot 18, Block 10 is labeled as a private drive. Our ordinance provides for private streets or common drives. Staff suggests that the proposed lot be considered as a private street. Further, staff recommends that Lots 17 and 22, Block 10 be required to take access from the private street to reduce conflicts at the intersection with N. Chimney Peak Ave. Ordinance 12-6- AZ-03-013; PP-03-014; C[JP-03-028 Kelly Creek Sub AZ.CUP.PP Mayor, Council, and P&Z Commission Hearing Date: July 3, 2003 Page 15 2.A.6.d and f would apply to the design of the street, which also requires a 29-foot street with 5-foot sidewalks on both sides, in a 42-foot right-of--way. See Site Specific Condition #2. E. Summit Wav: Lot 26, Block 12 is an existing residence with access onto McMillan Road that does not comply with District policy. ACHD staff recon3mendsthat existing access be allowed until the existing house is torn down or converted to another use. In order for the access to be abandoned in the future, ACRD recommends that Lot 26, Block 12 be provided an access easement or frontage on Summit Way or to the office area. They also state that the applicant has agreed to an access easement from the office pazk. Staff feels that the residence should take access from the residential streets, not through the office park landscape buffer and recommends providing actual street frontage for Lot 26, Block 12 on Summit Way. See Site Specific Condition #6. The Commission and Council may also wish to set a specific date by which the existing access must be abandoned as part of this Conditional Use Permit. Staff also finds that the lot layout azound the intersection of Summit Way and Sage Springs is awkward and recommends that Commission direct the applicant to revise the street/lot layout in this area. The applicant should address this at the hearing with the Commission. STTE SPECIFIC CONDITIONS (Conditional Use Permitl 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 and Lot 18, Block 10 shall also be private streets. All three 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. Applicant shall shift the pedestrian connection on lot 36, block 10 to provide pedestrian/bicycle access from the west neaz lot 31, block 10. 4. The modified development standards, including reduced lot size, reduced frornages, 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. AZ-03-013; PP-03-014; CUP-03-028 Kelly Creek Sub AZ.CUP.PP Mayor, Council, and P&Z Commission Hearing Date: July 3, 2003 Page 16 6. Lot 26, Block 12 shall be provided frontage on Summit Way. 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: Across-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. RECOMMENDATION Staff supports the subdivision uses, amenities, and general layout except as noted in this report. Staff recommends continuing the application so that the applicant can revise plans in accordance with this report. Upon resolution of the outstanding issues, staff recommends approval of the application with the conditions noted above. AZ-03-013; PP-03-014; CUP-03-028 Kelly Creek Sub AZ.CUP.PP