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HomeMy WebLinkAboutCourtyards at Ten Mile CUPRECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF Conditional Use Permit for Courtyards at Ten Mile BY DTE Developers - Page 1 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION & ZONING OF 11 ACRES TO R-15 ZONE FOR THE COURTYARDS AT TEN MILE DOUG CAMPBELL/TOM BEVAN/DTE DEVELOPERS, Applicant ) ) ) ) ) ) ) ) Case No.CUP-03-020 RECOMMENDATION TO CITY COUNCIL 1. The property is approximately 11 acres in size and is generally located at the south-east corner of W. Pine Avenue and N. Ten Mile Road, Meridian. The property is designated as Mixed Use - Community. 2. The owner of record of the subject property is Anthony & Tracey Garner, 680 N. Ten Mile Road, Meridian. 3. Applicant is Doug Campbell/Tom Bevan/DTE Developers, 1661 Shoreline, Boise, Idaho 83701. 4. The subject property is currently zoned RUT (Ada County) and consists of rural residential/agricultural land. 5. The Applicant requests the property be zoned as R-15 (Medium High Density Residential) and C-N (Neighborhhod Commercial.) 6. The subject property is bordered to the north by residential and office uses (zoned R-15 and L-O), to the south by the proposed Central Valley Baptist Church, to the east and west by agricultural land (zoned RUT). 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: 31 building lots and 5 other lots on 11 acres. 10. The Applicant requests zoning of the subject real property as R-15 and C-N which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Use Community. RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF Conditional Use Permit for Courtyards at Ten Mile BY DTE Developers - Page 2 11. The Planning and Zoning Commission recognized a letter written by Wendel Bigham from Joint School District No. 2, dated May 1, 2003. 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested Preliminary Plat application as requested by the applicant for the property described in the application, subject to the following: A. Adopt the Recommendations of the Planning and Zoning Commission as follows: Change Page 11, fourth bullet to read: “The applicant wishes to reduce the front of garage setback to 18 feet. Staff does not support this concept if permanent parking is proposed in front of the garages. Staff and Commission do agree that temporary guest parking is okay.” Planning and Zoning Commission highly recommends that the developer push ACHD for a four-way stop at Ten Mile and Pine and relocation of the bus pickup. B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: SITE SPECIFIC COMMENTS (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF Conditional Use Permit for Courtyards at Ten Mile BY DTE Developers - Page 3 2. The proposed bank and gas station will require CUP applications. Additionally, a detailed list of approved and conditional uses shall be included in the Development Agreement. 3. All office or commercial uses proposed within the development not specifically listed in the Development Agreement shall be required to apply for a conditional use permit for a planned development prior to construction. 4. At least 10 days prior to the next public hearing, the Applicant shall submit a detailed plan for the proposed park and tot lot. 5. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 6. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. C. Adopt Recommendations of Meridian’s Fire Department 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. 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. 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 RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF Conditional Use Permit for Courtyards at Ten Mile BY DTE Developers - Page 4 safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 9. All access roads leading into and within the project shall have a clear driving surface with a minimum width of 20’ available at all times. UFC 902.2.2.1 D. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Ten Mile Road, including the signalization of the intersection of Ten Mile Road/Pine Avenue, is listed as a project in the District’s currently adopted Five Year Work Program and in the currently adopted CIP. As such, the applicant may receive reimbursement for dedicated right-of-way from available impact fees. The applicant shall dedicate 48-feet of right-of-way from the centerline of Ten Mile Road and 45-feet of right-of-way, tapering to 37-feet, from the centerline of Pine Avenue abutting the site. Further, the applicant shall construct a 5-foot wide concrete sidewalk on Ten Mile Road and Pine Avenue. Coordinate the dedication of the right-of-way and the location, design and construction of the sidewalk with District staff. However, if funds cannot be secured for the purchase of the above- mentioned right-of-way, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant’s specific development project) 48-feet of right-of-way along Ten Mile Road and 45-feet of right-of-way tapering to 37-feet along Pine Avenue, and construct a minimum 5-foot wide concrete sidewalk along the roads. Coordinate the location and design of the sidewalk with District staff. b. Do not dedicate additional right-of-way, but construct a minimum 5- foot wide concrete sidewalk along Ten Mile Road and Pine Avenue in its ideal location with an easement provided to the District. Coordinate the location and design of the sidewalk with District staff. c. Provide a road trust deposit in the amount of $20,680, to be used for future sidewalk construction along the applicant’s frontage. 2. Construct a right-in/right-out driveway on Ten Mile Road located approximately 230-feet south of Pine Avenue (measured near edge to near edge). Pave the right- in/right-out restricted driveway on Ten Mile Road to its full width (maximum 36- feet) and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. Coordinate the design of the right-in/right-out restricted driveway on Ten Mile Road with District Traffic staff. RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF Conditional Use Permit for Courtyards at Ten Mile BY DTE Developers - Page 5 3. Construct a driveway on Pine Avenue located approximately 220-feet east of Ten Mile Road (measured near edge to near edge). Pave the driveway on Pine Avenue to its full width (maximum 36-feet) and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. If the driveway is constructed as right- in/right-out only, coordinate the design of the driveway with District Traffic staff. 4. Construct Treva Way and Marco Avenue as 40-foot street sections with curb, gutter and 5-foot sidewalk within 54-feet of right-of-way as proposed. 5. Construct Marbeth Court as a 36-foot street section with curb, gutter and 5-foot wide concrete sidewalk within 50-feet of right-of-way as proposed. Construct a District approved turnaround for Marbeth Court, with a minimum of a 29-foot street section on either side of any proposed center island within the turnaround. If a center island is constructed within the turnaround, it shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 6. Any islands/roundabouts within the right-of-way shall be a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. Coordinate the size and design of any roundabouts located in the right-of- way with Traffic Services staff. Any proposed landscape islands/medians/roundabouts within the public right-of-way shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 7. Any driveway(s) on Marco Avenue and Treva Way should be located a minimum of 50-feet back from the near edge of Pine Street and Treva Way. 8. Other than the access points specifically approved with this application, direct lot or parcel access to Ten Mile Road and Pine Avenue is prohibited. 9. 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. RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF Conditional Use Permit for Courtyards at Ten Mile BY DTE Developers - Page 6 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. 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. E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF Conditional Use Permit for Courtyards at Ten Mile BY DTE Developers - Page 7 1. Applicant shall apply for a land use change/site application. 2. All Storm Drainage must be retained on site. 3. All laterals and waterways must be protected. 4. The Developer must comply with Idaho Code 31-3805. 5. Nampa & Meridian Irrigation District recommends that Irrigation be made available to all lots. 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. RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF Conditional Use Permit for Courtyards at Ten Mile BY DTE Developers - Page 8