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HomeMy WebLinkAboutCourtyards @ Ten Mile AZ 03-009June 30, 2003 MERIDIAN PLANNING & ZONING MEETING July 3, 2003 AZ 03-009 APPLICANT Doug Campbell/Tom Bevan/DTE Developers ITEM NO. 12 REQUEST Public Hearing -Request for annexation and zoning of 11 acres from RUT to R-15(PD) and C-N zones for propsoed The Courtyards at Ten Mile -southeast comer of North Ten Mile Road and West Pine Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FlRE DEPT: See attached Comments CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: See OttaChed COmmentS CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: \ \R~ I (~ I ~ /P dV\ IIVJ.~ ~ J Date: ~ovv~,rv~.e,~ ~/ ~~ Gov/~ J~~ "G V Phone: / / ~ at public meetings shall become properly of the City of Meridian. MAYOR CHIEF ROBERT D. CORRIE KEN W. BOWERS COUNCIL MEMBERS DEPUTY CHIEF-FIRE PREVENTION WILLIAM L.M. NARY .,p~ ' ]OSEPH SILV.4 KEITH BIRD ~~~ ~ *+'q ~ -. - '! DEPUTY CHIEF - TRAINMG TAMMY DE WEERD i ~~ y ~~~,. '""~' CHERIE MCCANDLESS ,= ,p y~~y~~jj _ r, L// C /L BILL JOHNSON RURAL FIRL COMMI$SIONER$ ti )!01 X61 f Clll l.~ln R08d RlCrwiD GREENS IU.AFi(> v L~~ ~Lcridlnn 1174364? TERRY LEICHTON ~`.C;. ' (208J tih8 1234 STEVE F,LLIOTT °---..Y..*.-,?!~,._, ,~,,..,:.'-^"'' _, ,. ^a~'f~I)4, 895-f1390 MERIDIAN CITY/RORF'IL I?.IF~E D}ul'F1t"I':YILIN"I June 10, 2003 R~j~j~jw1J~ JUF~ 1 ~3 ~~3 City Of Meridian City Clerk Of&ce TO: Meridian Planning & Zoning Commission FROM: Joseph Silva, Deputy Chief, Fire Prevention SUBJECT: The Courtyards at Ten Mile AZ 03-009, CUP 03-020, PP 03-010 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 III-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. 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 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. iTFC 902.2.2.1 . ~~~~~. Susan S. Eastlake, 1st vice rresiaenr Dave Bivens, 2nd Vice President David E. Wynkoop, Commissioner John S. Franden, Commissioner To; Anthony & Tracey Garner 680 N. Ten Mile Road Meridian, ID 83842 May 16, 2003 Subject: MPP03-010/MAZ03-009/MCUP03-020 The Courtyard Subdivision Southeast comer of Ten Mile Road & Pine Avenue DECEIVED MAY Z 0 2003 City Of Meridian City Clerk Office On May 18, 2003, the Ada County Highway District acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at 208-387-6174. ' cerely, ~~ Craig Hood Senior Development Analyst Right-of-way & Development Services Planning Division CC: Planning & Development project file City of Meridian Construction Services Drainage Utilities 318 East 37th Street Garden City ID 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: tellus@ACHD.ada.id.us Ada County Highway District DTE Development, LLC, C/O Doug Campbell, 1681 Shoreline Drive, Boise, ID 83702 Leavitt & Associates Engineers, Inc., CIO Nathan Cleaver, 1324 1st St. South, Nampa, ID 83651 ,,li't' '~'R.. Ada County Highway District rcignt-off-way c~ueveaopmentc~eparamenr Planning Review Division This application does not require Commission action and is approved at the staff level as of May 16, 2003. Tech Review for this item was held with the applicant on May 9, 2003. Please refer to Attachment 5 for appeal guidelines. Staff contact: Craig Hood, 387-6174, chood(a.achd.ada.id.us File Numbers: MAZ03-009/MCUP03-020/MPP03-010, The Courtyards Subdivision Site address: Southeast corner of Ten Mile Road and Pine Avenue Owner: Anthony & Tracey Garner 680 N. Ten Mile Road Meridian, ID 83642 Applicant: DTE Development, LLC CIO Doug Campbellffom Bevan 1661 Shoreline Drive Boise, ID 83702 Representative: Leavitt & Associates Engineers, Inc. 1324 1st Street South Nampa, ID 83651 Application Information The applicant is requesting annexation, rezone, conditional use and preliminary plat approval from the City of Meridian to annex and rezone 11.02-acres of currently zoned RUT zoned property into 36-lots within the proposed R-15 (PD) and C-N zones. The site is located on the southeast corner of Ten Mile Road and Pine Avenue. Acreage: 11.02-acres Current Zoning: RUT (County) Proposed Zoning: C-N (3.6-acres), R-15 (PD) (7.4-acres) Proposed buildable lots: 34 (3-commercial, 31-residential) Proposed common lots: 5 Vicinity A. .Findings of Fact Trip Generation: This development is estimated to generate 1,436 additional vehicle trips per day (10 existing) based on the Institute of Transportation Engineers Trip Generation Manual. 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permit(s) on the site. The fee will be based on the impact fee ordinance in effect at that time. 3. Traffic Impact Study: A traffic impact study was not required with this application. 4. Site Information: There is currently asingle-family home and some out-buildings on the site that will be removed. 5. Description of Adjacent Surrounding Area: a. North: Single-family home on large lot b. South: Vacant lot (future church site) c. East: Single-family home d. West: Single-family home on large lot Impacted Roadways: Ten Mile Road: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: Nearest intersection: Pine Avenue: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: Nearest intersection: 564-feet Minor Arterial 8,712 south of Pine Avenue on 11-13-02 LOS "C" or better 35 MPH Pine Avenue, astop-controlled intersection 471-feet Collector 5,459 west of Linder Road on 12-3-02 LOS "C" or better 35 MPH Ten Mile Road, astop-controlled intersection 7. Roadway Improvements Adjacent To and Near the Site Ten Mile Road is currently improved with 2-lanes (no center turn lane), no curb, gutter or sidewalk abutting the site. Existing Right-of-Way There is currently 50-feet of right-of-way (25-feet from centerline) for Ten Mile Road abutting the site. There is currently 50-feet of right-of-way (25-feet from centerline) for Pine Avenue abutting the site. 9. Existing Access to the Site Access to the site is currently provided from a 16-foot wide dirt/gravel driveway on Ten Mile Road located approximately 475-feet south of Pine Avenue. 10. Site History The ACHD Planning Review Division has not reviewed this site in the recent past. 2 11. Five Year Work Program/Capital Improvements Plan (CIP) Ten Mile Road, from Franklin Road to Cherry Lane, is currently in the District's Five Year Work Program for roadway improvements in 2007 (also in CIP). Ten Mile Road from Cherry Lane to Ustick Road, is currently in the District's Five Year Work Program for roadway improvements in 2008 (also in CIP). 12. Other Development in Area/Miscellaneous In January of 2003, ACHD staff reviewed a rezone application for the 10-acre parcel directly to the south of this site. It is anticipated that a church will be constructed on this site in the future. B. Findings for Consideration Right-of-Way & Sidewalk Ten Mile Road & Pine Avenue District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of--way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot wide concrete detached sidewalks and bike lanes. District policy 7204.7.2 requires 5-foot wide (minimum) concrete sidewalk on all arterial roadways. District policy requires 70-feet of right-of-way on collector roadways (Figure 72-F1 B). This right-of- way width allows for the construction of a 3-lane roadway with curb, gutter, 5-foot wide detached sidewalks and bike lanes. District policy 7204.6.5 requires 5-foot wide (minimum) concrete sidewalk on all collector roadways. 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 ACHD Board of Commissioners authorizes the expenditure of available collected impact fees, or other District funds, if available, for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, 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 Road. Coordinate the location and design of the sidewalk and right-of- way dedication 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 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. Access Points Driveways Direct access to arterials and collectors is normally restricted (District policy 7207.8). Location District policy 72-F4 (1) requires driveways located on arterial roadways near a signalized intersection to be located a minimum of 440-feet feet from the signalized intersection for afull-access driveway and a minimum of 220-feet from the signalized intersection for aright-in/right-out only driveway. District policy 72-F4 (1) requires driveways located on collector roadways near a signalized intersection to be located a minimum of 175-feet feet from the signalized intersection for afull-access driveway and a minimum of 85-feet from a signalized intersection for aright-in/right-out only driveway. NOTE: The intersection of Ten Mile Road/Pine Avenue is scheduled for signalization in 2007. The applicant is proposing to construct two right-in/right-out driveways into the site. The driveways will serve the commercial portion of the development, Lot 1, Block 1. The first driveway is located on Ten Mile Road approximately 230-feet south of Pine Avenue. The second driveway is located on Pine Avenue approximately 220-feet east of Ten Mile Road. The proposed locations of the right-in/right-out driveways meet District policy and should be approved with this application. NOTE: The proposed right-in/right-out driveway on Pine Avenue does not have to be restricted to right-in/right-out movements only. The proposed location of the driveway on Pine Avenue meets District policy for full-access. In the future, the District may install a center median in Ten Mile Road near the Pine Avenue intersection, if the right-in/right-out driveway on Ten Mile Road becomes hazardous. Design District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Curb return type driveways with 15-foot radii will be required for commercial driveways accessing collector and arterial roadways. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy 7207.9.1, the applicant should be required to pave the driveway on Ten Mile Road and the driveway on Pine Avenue to their full widths (maximum 36-feet) and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with f 5-foot radii abutting the existing roadway edge. Further, the applicant should be required to coordinate the design of the right-in/right-out restricted driveways on Ten Mile Road and Pine Avenue with District Traffic staff. Other than the access points specitrcally approved with this application, direct lot or parcel access to Ten Mile Road and Pine Avenue fs prohibited. 3. Public Streets Location District policy 7204.11.5, requires local roadways to align or offset a minimum of 300-feet from an arterial roadway (measured centerline to centerline). The applicant is proposing to construct Treva Way to intersect Ten Mile Road approximately 525-feet south of Pine Avenue and approximately 250-feet south of the proposed right-in/right-out driveway to the north. The applicant is proposing to construct Marco Avenue to intersect Pine Avenue approximately 420-feet east of Ten Mile Road and approximately 200-feet east of the proposed 4 driveway to the west. The proposed locations of Treva Way and Marco Avenue meet District policy for location and should be approved with this application. Design Industrial/Commercial Streets District policy 7202.8 and 72-F1 B, require roadways abutting commercial developments to be constructed as a 40-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 54- feet of right-of--way. Aright-of-way width less than 40-feet will not be permitted (District policy 7204.4.1). The applicant is proposing to construct the industrial/commercial streets, Treva Way and Marco Avenue, as 40-foot street sections with curb, gutter and 5-foot wide concrete sidewalk. In accordance with District policy, the applicant should construct Treva Way and Marco Avenue as 40-foot street sections with curb, gutter and 5-foot sidewalk within 54-feet ofright-of-way as proposed. NOTE: The applicant is proposing to construct full street improvements for Treva Way, located at the south property line. District policy 7203.4.2 states that if a development abuts an unpaved street or streets, the developer shall construct full one-half street improvements, including curb, gutter and concrete sidewalk, plus additional pavement widening beyond the centerline established for the street to provide a minimum 24-foot wide paved surface. A 3-foot wide gravel shoulder and a drainage swale sized to accommodate the roadway storm runoff shall be constructed on the unimproved side. This street section shall be constructed within a minimum 40-foot right-of--way. In accordance with District policy the applicant may construct the first 250-feet (approximately) of Treva Way as stated above. If the applicant chooses to do so, the southern portion of the Treva Way street section should be completed by the property to the south when it develops. Driveways District policy F2-F4 (1) and 72-F4 (2) require driveways located on local residential roadways to offset a controlled and/or uncontrolled intersection a minimum of 50-feet (measured near edge to near edge). District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Most commercial driveways will be constructed as curb-cut type facilities if located on local streets. In accordance with District policy, any driveways 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. Local Streets Design District policy 7204.4.2 states that developments with buildable lots that are less than 1-acre in size will typically provide streets having a minimum pavement width of 32-feet with curb, gutter and sidewalks. The total street width shall be 36-feet from back-of-curb to back-of-curb. The applicant is proposing to construct Marbeth Court as a 36-foot street section (measured back-of- curb to back-of-curb), with curb, gutter and sidewalk on both sides of the roadway. The proposed design of Marbeth Court meets District policy and should be approved with this application. 4. Turnarounds District policy 7205.2.1 requires turnarounds to be constructed to provide a minimum turning radius of 45-feet. District policy 7205.2.1 states that the maximum number of expected trips per day generated by those properties taking access from an individual cul-de-sac shall not exceed 400. The roadway around a traffic island in a knuckle/turnaround should maintain a minimum of a 29-foot street section. All medians should be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. District policy 7202.7 and 7207.5 require any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. The applicant is proposing to construct a cul-de-sac turnaround for Marbeth Court that has a 45-foot radius with an island in the center. The expected trips per day by those properties taking access from Marbeth Court is below the 400-trip maximum. The applicant should construct a District approved turnaround for Marbeth Court. The applicant should be required to provide a minimum of a 29-foot street section on either side of any proposed center island within a turnaround. Landscape islands within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the frnal plat. 5. Roundabouts/Islands Roundabouts should be designed with 21-foot street sections on either side of a center island/roundabout. The applicant is proposing to construct roundabouts in Marco Avenue and Treva Way. The applicant should be required to dedicate sufflrcient right-of-way on either side of an island. The applicant should coordinate the size and design of the roundabout with Traffrc Services staff. District policy 7202.7 and 7207.5 require any proposed landscape islands/medians within the public right-of-way dedicated by this plat to be owned and maintained by a homeowners association. Notes of this should be required on the final plat. C. Site Specific Conditions of Approval 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 ricaht-of-wav from the centerline of Ten Mile Road and 45-feet of right-of-wav, tapering to 37-feet, from the riaht-of-wav 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 aright-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. 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- footsidewalk 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. D. Standard Conditions of Approval 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. 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. 8 E. Conclusions of Law The proposed site plan is approved, if all of the Site Speck and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Vicinity Map 2 3. Preliminary Plat 4. Pine Avenue/Ten Mile Road Intersection Plan 5. Appeal Guidelines 9 U U m ~ ~' ~u" mil ® ~~, -~-.-~ k~ ~'~W I d •/ N ~D Q C fR ^~ O A~A inf. y t11 ~r 7 _. ~D .. ~~ ~' z ~~ .~ a~ o~ G~ o ~ b x ~~ a r .~ ~; rn m ~ ~c o~ z~ _o oa -~ o r~r z s o ~ ~~~ ~~~~ ~~ ~~ ~~~ ~~ ~ ~~~ IL'• ~~t ~~~ ~ ~~ aa8@I ~~R ~~~~~E~ Ea~ ~~~~~a~ ~~~~ ~ ~ @~~ i x~5~ E . E~ .g~~~E~ga a t e ~+ ~ • ice; ,.' : i .°g ~ s ~ ~ .~ ; . : i ~vE ;~ ~_~ ~. ~ ~ 1 ~~ ~ ,~/ ,; ~i ~ j ° i~ ~~ [: ~ /i s~ ~'°~~ •i~ E ~ ° ~ ~~/ IIIIIII I III '11°C°aave ^C ~i I +itiil 4k iiz {so ~~, y g i n ae ~~ Faase ~ a~li xa tl~a9 ~I~ ~°~ i ~~@p@I@@E@@ma' e:°ava saga aaa @;@@~@~E~~;:il~E@E@tl€jYj N~CP Epe j~~` y q €q~ ~~~~d ~~' ~ ~~~ ry J - - ~ ~ ~-- ---- ~' p T' m ----~ ~ C=f ~~ ----- l' - s ----- ~ -~- ~_ -f~S- ------- -- --" --~- -sr-_"" --_--- :~ t ------ - -- ~__ - -------- -- ~,. ~~. -__.,y~_._-____._ N ._._. ___,_.__-.___ ____-__-_.__ __. _.~_.__ = __-._._..-_____.____.___...___...____.___..__.__._..--____._2._._._ Request for Appeal of Staff Decision Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROW DS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply, and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1} week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. Appeal Guidelines Atkinson, Inna_(ID) Subject: FW: questions alwut the courtyards at ten mde and pine in meridian... gE~E~D --0tiginal Message--- - 3 2003 From; Craig Hood [mailto:Chood@achd.ada.id.us] J U L Sent: Wednesday, July 02, 2003 12:44 PM To: IAtkinson CITY OF IYLERiijL4~ Subject: Re: questions about the courtyards at ten mile and pine in meridian... I am glad to help any way I can. Hopefully my answers will darify the requested points of interest. If not, please dont hesitate to tail or e-mail me. 3. Why wasn't a traffic study required? District policy 7106.1 states that the Disbict will decide if a traffic impact study will be required and set the parameters. The Disttict must consider the impacts of a proposed deveeopment on nearby land uses and transportat9on fadlilies. A study will be required if the proposed development contains more than 100 dwelling units; more than 30,000 square feet of commercial use; or more than 50,000 square feet of industrial or insfid~Gonal use. Yf a project has spedal dreumstanoes associated with it, the Distrit may require an impact sutdy, even if the aforementioned cNtetia are not met. The Disttid: may waive the requirement if, in the DislricCs opinion, there are no traffic issues to resolve. Although this development did meet the above warrants for requiting a TIS, staff determined that a traffic study would not have told us much information. With the intersection of Pineji"en Mile and Ten Mile Road abutting the site being scheduled for improvements within 5-years, it would be hard for the developer to construct any roadway improvements abutting the site that aren't scheduled for improvement in the near future. 2. On page 3, at the top where the five year work program is discussed: please clarify what "roadway improvements in 2007" means for Ten Mile fran Franklin to Cherry Lane. IS that when the planning phase begins, or right-of--way acquisition, or actual physical improvements to the road? The improvements to Ten Mile are adually in 2 phases. The 1st phase is Franklin Road fb Pine Avenue and the 2nd is from Ptne to Cherry Lane. The Franklin to Pine phase incudes widening Ten Mile to 5-lanes, a railroad crossing and instating a 5-lane by 5-lane signalized intersedion at the Franklin/Ten Mile intersedton: The Pine to Cherry phase includes widening Ten Mile to 5-lanes and installing a 5-lane (fen Mile) by 3-lane (Pine) signal at the Ten Mlle/Pine intersedtoh. Bottt phases are scheduled for construction in 2007 and indude curb, gutter HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGr~1.llEP.1R'1'b~IFiN'1' Robert U. Coxrie ~- CITY OF MERIDIAN (208) 288-2499 Fax 288-2501 PUBLIC WORxS CI"1'Y COUN(:IL b1EMBERS ' 33 EA$T IDAHO BU1LllING llEPAR7'MGNT Tammy deWeerd (208) BS7-2211 ~ Fax 587-1397 xeith Bud MERIDIAN, IDAHO 83642 Cherie Md:andless (208) 888-4433 ~ F'AX (208) 88?-4813 PLANNING AND ZONING ' ' Ciry Clexk Office Fax (208) 888-4218 UI3PARTbIEN 1 William L. M. Nary (208) 884-5533 ~ PAX 885-6854 STAFF REPORT: Hearing Date: July 3, 2003 Transmittal Date: June 30, 2003 ~ ~j~ To: Mayor, City Council and Planning & Zoning Commission RECEI Y 1:JD From: Wendy Kirkpatrick, Planner II ~~~ )UL 0 1 2003 Bruce Freckleton, Senior Engineering Tech ~~DD City Of Meridian Re: The Courtyards at Ten Mile City Clerk Office • Annexation and Zoning of 11 Acres from RUT (Ada County) to R-15 (High Density Residenfial) and C-N (Neighborhood Commercial), by Doug Campbell /Tom Bevan /DTE Developers (File No. AZ-03-009) • Preliminary Plat Approval of 31 Building Lots and 5 Other Lots on 11 Acres in proposed R-15 (PD) and C-N zones by Doug Campbell /Tom Bevan /DTE Developers (File No. PP-03-010) • A Conditional Use Permit for a Planned Development on 11 Acres to Allow Reduced Lot Sizes, Reduced Frontage Requirements, Reduced Setbacks, Reduced Home Sizes, Cul-De-Sac Length, and to allow Residential Lofts above Retail Buildings by Doug Campbell /Tom Bevan /DTE Developers (File No. CUP 03-020) We have reviewed the aforementioned applications and 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 SUMMARY The Applicant, DTE Development, has requested the annexation and zoning of 11 acres of land located at the southeast corner of North Ten Mile Road and West Pine Avenue. The land is presently zoned RUT (Ada County). The Applicant has requested that the subject property be zoned to R-15 and C-N. The applicant is proposing to rezone 4.76 acres to C-N and 4.50 acres to R-15. Three of the lots within the proposed subdivision would be commercial/office uses, allowable with a CUP application and approval. The Applicant's preliminary plat request is for 28 single family attached building lots, three (3) office/commercial lots, and five (5) other lots. The "other" lots include four (4) landscaped AZ03-009, PP-03-010, CUP03-020 Cwrtyards a[ Tw Mile. AZ. PP.CLP/PD Planning & Zoning Commission/Mayor & City Council July 3, 2003 Page 2 lots and one (1) 0.53 acre park. The proposed density is 3.27 d.u./acre. The plat includes .67 acres of open space, or 7 % of the gross land area. The Applicant has also requested approval of a Conditional Use Permit for a Planned Development (PD) in order to allow alternative development standards, including reduced residential building setbacks, reduced lot sizes, reduced lot frontages, reduced dwelling sizes, to allow residential lofts to be placed above retail buildings, and to allow a cul-de-sac street to be 497' in length. Following is a comparison of the City's minimum R-15 requirements and the reduced requirements that have been proposed by the Applicant through the PD application Setbacks- Citv Reauirements (R-15) Front: 20' Rear: 15' Side: 5'/per story Street side: 20' Corner Lots: 20' Proposed Setbacks Front Garage: 10' Front House: 15' Rear: 10' Side: 5' (no additional setback per story) Street side: 10' Corner Lots: 10' Lot Size- Citv Requirements R-15 zone: 2,400 sq.ft Lot Frontage-City Requirements 50'minimum House Size- City Requirements 1,301 sq. ft. min.* Pronosed Lot Sizes 8,000 sq. ft. Pronosed Frontage 80' min. Pronosed Minimum House Sizes 900 sq. ft. min. *1,001 sq. ft. minimum house sizes are allowed if restricted to 10% of total lots) LOCATION The property is generally located at the southeast corner of North Ten Mile Road and West Pine Avenue. SURROUNDING PROPERTIES North: Pine Street borders the subject property to the north. Property north of Pine Street is residential and commercial and zoned R-15 and L-O. South: Property is currently zoned RUT (Ada County), a church site is proposed for the property. East: The Ten Mile Drain borders the subject property to the east. Property east of the Ten Mile Drain is zoned RUT and is agricultural. West: Ten Mile Road borders the subject property to the west. Property to the west of Ten Mile Road is zoned RUT (Ada County) and is agricultural. AZ-03-009, PP-03-010, CUP03-020 Comyerd ac Trn Mile. AZ. PP.CUP%PD Planning & Zoning Commission/Mayor & City Council July 3, 2003 Page 3 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: 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 zoning designations of R-15 and C-N are harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which designates the land to be "Mixed Use Community". B. 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; The area has been designated as a Mixed-Use Community area in Meridian's Comprehensive Plan and is located just north of a potential Transit Station that has been identified in the Comprehensive Plan. These Comprehensive Plan designations in combination with the L-O and R-15 zoning directly north of the subject property make the proposed zoning of the property compatible with surrounding land uses and the City of Meridian's plan for the development of the area. C. 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 are compatible with the existing and intended character of the area. The Comprehensive plan designates the area as Mixed Use - Community; the proposed mixture of residential, retail and commercial uses are compatible with the Comprehensive Plan designation. Staff finds that the proposed uses can be designed and constructed in a manner that will be AZ-03-009, PP-03-010, CUP03-020 Counyard at Ten Mile. AZ. PP COPiPO Planning & Zoning Commission/Mayor & City Council July 3, 2003 Page 4 harmonious with and appropriate in appearance with the existing and intended character of the surrounding area. D. 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 or disturbing to future or existing neighbors. Special attention will need to be paid to protect the existing agricultural uses to the south. E. 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; Staff finds that the subject property can be served adequately by all essential public facilities and services. Sanitary sewer service will be via a temporary private lift station being installed as part of the Mosher's Farm project. F. 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; Staff fmds that there will not be additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. G. 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 uses will create additional traffic, especially on Ten Mile Road and Pine Avenue. However, staff does not believe that the increase in traffic will be excessive. Staff does not anticipate that the proposed development will generate traffic, noise, smoke, odors or other nuisances that would be detrimental to the general welfare of the surrounding area. H. 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; AZ03-009, PP-03-010, CUP03-020 Cowryard at Tm Mile. AZ. PP CUPiP~ Planning & Zoning Commission/Mayor & City Council July 3, 2003 Page 5 Staff finds that the two proposed vehiculaz approaches on Ten Mile Road and the proposed vehicular approach on Pine Street should not appreciably interfere with traffic on the surrounding streets. Ada County Highway District's comments should be considered when making this finding. I. 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. J. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" Staff finds that the annexation of this property would be in the best interest of the City by providing a variety of housing types, an innovative subdivision layout, and the addition of employment opportunities. ANNEXATION AND ZONING COMMENTS 1. The legal description submitted with the application appeazs to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The requested zoning designations of R-15 and C-N are compatible with the City Comprehensive Plan and Meridian's Zoning Ordinance. 3. The subject property is within the Urban Service Planning Area. Essential City services are available to the subject property. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per Ciry Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 5. A Development Agreement will be required as part of this annexation request. PRELIMINARY PLAT FINDINGS AND REQUIREMENTS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: AZ-03-009, PP-03-010, CUP03-030 Covnyard al Trn Mile. AZ. PP.CUP%PD Planning & Zoning Commission/Mayor & City Council July 3, 2003 Page 6 a. The conformance of the subdivision with the Comprehensive Development Plan; As noted above, staff finds that the subdivision conforms with the Comprehensive Plan. b. The availability of public services to accommodate the proposed development; Staff finds that public services aze, or will be available to accommodate the proposed subdivision. c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. 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. 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. ADDITIONAL CONSIDERATIONS • Cul-De-Sac Leneth: The preliminary plat has one cul-de-sac that exceeds the 450 foot maximum cul-de-sac length (MCC 12-4-2). However, because this plat is part of a PD, the Applicant has requested they be allowed to exceed this section of Code without the need for a variance application. Staff supports this request to exceed the maximum cul-de-sac length. SITE SPECIFIC COMMENTS (preliminary alatl 1. Sanitary sewer service to this project is being proposed via a temporary lift station being installed as part of the Mosher's Farm project. The applicant will be responsible to construct lateral sewer mains (including dry-line) to and through this proposed development. The subdivision designer to coordinate main sizing and routing with the Public Works Department. Revise the preliminary plat to provide a 20-foot wide easement between Lots 29 & 30, Block 2, or re-route the sewer so as not to be between lots. AZ-03-009, PP-03-010, COP03-020 Courtyard al Ten Mile. AZ. PP.CUP/PD Planning & Zoning Commission/Mayor & City Council July 3, 2003 Page 7 2. Domestic water service to this site shall be via new main extensions from the existing mains adjacent to the property Subdivision designer to coordinate main sizing and routing with the Public Works Department. Ordinance 12-13-10-3, Applicability of Street Buffers, requires that all street buffers at subdivision boundaries be placed on a common lot, maintained by a homeowner or business-owners association. Applicant shall submit a revised preliminary plat at least 10 days prior to the next public hearing that shows the landscape buffer along Ten Mile Road and Pine Street within a common lot. 4. Required fencing along micropaths is to be 4' in height and shall be installed by the developer. 5. The developer shall be required to install all parkway trees within each phase of the development prior to any Certificates of Occupancy being issued. 6. Fencing details shall be submitted with the Final Plat application. Fencing adjacent to pathways or the common area lots shall not be over three feet in height if constructed of a solid material, and shall not be more than 4 feet in height if it is non-sight obscuring. A solid, 6-foot high perimeter fence shall be installed prior to any building permits being issued, unless agreed to otherwise in writing by the Planning Director. All adjacent agricultural uses shall be protected and a note added to the face of the plat regarding the Right to Farm Act. 8. The required landscaping and irrigation system shall be installed prior to the issuance of a Certificate of Occupancy for any building on any lot created by the subdivision. Landscaping and fencing must be bonded for prior to applying for building permits. 9. No phasing lines were shown on the preliminary plat. If phasing is planned, applicant shall submit a revised plat prior at least 10 days prior to the next public hearing showing the proposed phase lines. 10. The phasing schedule shall 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. 11. Underground pressurized irrigation must be provided to all landscape areas on site. The applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 12. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water. If a creek or well source is not available, asingle-point connection AZ-03-009, PP-03-010, CUP03-W 0 CouvNard al Tw Mile. AZ. PP.CUP. PD Planning & Zoning Commission/Mayor & City Council July 3, 2003 Page 8 to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 13. The applicant has submitted a statement indicating that they will be providing on-site soils/groundwater investigation prior to final plat approval, and that depth to groundwater should be similar to depths measured in the Mosher's Farm project. Please submit all initial excavation information to the Public Works Department for review, and updated groundwater/soils monitoring data to the Public Works Department. All drainage aeeas (detention/retentionbasfns) 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. 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 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. GENERAI. COMMENTS (pretiminary 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 con•ections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. 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 locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations aze at street intersections and/or fire hydrants. 5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent 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. 6. 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. AZ-03-009, PP-03-010, CUP03-020 Cuurtyazd at Ten Mile. AZ. PP.CUP~PD Planning & Zoning Commission/Mayor & City Council July 3, 2003 Page 9 7. Any drainage areas (detension/retension 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. Graphically depict any FEMA flood plain boundaries. Note restrictions associated with the flood zone on the face of the preliminary plat. 9. Performance specifications for the common area pressurized irrigation system shall be submitted with each Final Plat application. STANDARDS FOR CONDITIONAL USES 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's size of 11 acres is large enough to accommodate the proposed commercial and residential development and all other required features. 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 Mixed Use - Commercial. The proposed mix of residential, commercial and office uses are harmonious with and in accordance with the Comprehensive Plan. The project meets the requirements and objectives of the Planned Development Ordinance. The applicant is proposing to include micropaths and a11/2 acre park and tot lot to meet the requirement for two amenities for the planned development. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds that the proposed uses will be compatible with other uses in the general neighborhood and the existing and intended character of the general vicinity. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; AZ-03-009, PP-03-010, CUP03-020 Courtyazd az i®Mile. AZ. PP.CUPiPD Planning & Zoning Commission/Mayor & City Council July 3, 2003 Page 10 Staff does not anticipate that the proposed project 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 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; Staff finds that the proposed development can be adequately served by essential public facilities including: streets, police and fire protection, drainage structures, refuse disposal, water and sewer. 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; Staff finds that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 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; Staff finds that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed commercial and residential uses. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets. The Council and Commission should refer to the ACHD report for additional information concerning this finding. I. 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. Staff does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. SPECIAL CONSIDERATIONS AZ03-009, PP-03-010, COP03-020 Courtyard al Tw Mile. AZ. PP.CUP/PD Planning & Zoning Commission/Mayor & City Council July 3, 2003 Page 11 The applicant is proposing residential lofts above two of the proposed commercial buildings. This type of development is not specifically addressed by Meridian's Zoning Ordinance but is supported by the Comprehensive Plan's designation of the subject property for Mixed Use -Community development. Staff supports this proposed mix of housing and retail. The applicant is proposing two amenities for the planned development including: micropaths to provide connectivity to the proposed park and a '/z acre park and tot lot. The proposed park does not consist of 10% of the gross area of the subdivision as required by the Planned Development Ordinance. The applicant is proposing to provide a "tot lot" in the park as an amenity and is requesting approval by the Commission and the Council for alternative compliance. Staff met with the applicant regarding staff concerns over the proposed design of the 4-plex units. The concerns of staff included the configuration of the 4-plex garages and the lack of landscaping for the 4-plex units. The applicant has agreed to submit revised elevations for the 4-plex units. Substantial compliance with the (revised) elevation drawings submitted with the application will be required. Front of Garage Setback: The applicant wishes to reduce the front of garage setback to 10- feet. By doing so there would not be enough room to park a vehicle in front of the garage without the tail end hanging out over the sidewalk. It also appears that the proposal is for there to be a driveway between the two garages into a courtyard where parking is accommodated under two separate breezeways. Staff does not support this concept if parking is proposed in front of the garages. SITE SPECIFIC COMMENTS (Conditional Use Permit) Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 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. 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 pazk 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. AZ-03-~09, PP -03-010, COP03-020 Courtyard al Tm ~1ile. AZ. PP.CUP.PD Planning & Zoning Commission/Mayor & City Council July 3, 2003 Page 12 COMPREHENSIVE PLAN POLICIES Chapter VI, Goal III, Objective A, Action 3.: Provide a variety of park types (neighborhood parks, regional parks) interspersed throughout the community. The development's proposed %z acre pazk and tot lot meets the intent of this Comprehensive Plan Action Chapter VII, Goal I, Objective B, Action 5: Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. The proposed mixed-use commercial development's location at the intersection of Ten Mile Road and Pine Street meets the intent of this Comprehensive Plan Action through providing a community commercial azea on an arterial and within close proximity to residential areas. Chapter VII, Goal V, Objective A, Action 4: Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of location suitable for residential development. The proposed residential lofts located above the proposed retail development and the proposed duplexes meet the intent of this Comprehensive Plan Action. The proposed mixed -use residential and commercial development will help to diversify the types of housing available in Meridian by providing additional housing choices. Staff strongly supports the mixed-use principles of this development. The proposed mixed -use development meets the Comprehensive Plan's vision for the area as a Mixed Use -Community area and will be an asset to the City of Meridian. Special discussion will need to take place regarding the proposed residential lofts over the proposed commercial buildings, and proposed setbacks. Staff recommends approval of the Annexation and Zoning, PD and Preliminary Plat applications with the conditions noted above. AZ-D3-009, PP-03-O10, CIIP03-020 Cou~hsrd al Tm Nile. AZ. PP.CLP.PD