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HomeMy WebLinkAboutStapleton Sub CUPRECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR STAPLETON SUBDIVISION BY WARDLE & ASSOCIATES – CUP-03-034 Page 1 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR STAPLETON SUBDIVISION IN A PROPOSED R-8 ZONE WARDLE & ASSOCIATES, Applicant ) ) ) ) ) ) Case No. CUP-03-034 RECOMMENDATION TO CITY COUNCIL 1. The property is located at 3680 W. Ustick Road, Meridian. 2. The owner of record of the subject property is Betty Lou Britton, 3680 W. Ustick Road, Meridian, Idaho 83642. 3. Applicant is Jonathan Wardle, Wardle & Associates, 4940 E. Mill Station Drive, Suite 100, Boise, Idaho 83716. 4. The subject property is currently zoned C-N (Neighborhood Business District). There is, however, an application for rezone to R-8 (Medium Density Residential) before the City Council. The zoning district of R-8 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The Applicant requests the Conditional Use Permit for a Planned Development in an R-8 zone. The R-8 zoning designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application will be in compliance with the Meridian Comprehensive Plan if the amendment accompanying this application is granted. 7. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. 8. The Planning and Zoning Commission recognized the concerns of Wendel Bigham, Joint School District No. 2, in a letter dated July 9, 2003; and Ruth Wilkins, 3764 W. Ustick Road, in a letter dated September 15, 2003. They also recognized the concerns of Charles Crane and Rhonda Leighton, who verbally testified at the public hearings. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR STAPLETON SUBDIVISION BY WARDLE & ASSOCIATES – CUP-03-034 Page 2 RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested Conditional Use Permit 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 and Engineering staff as follows: SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. Applicant shall meet all of the requirements of the rezone and preliminary plat as a condition of the Conditional Use Permit. 2. The Applicant shall submit a copy of a sample floor plan of a house containing the proposed 500 square foot floor plan as well as a sample elevation. This shall be submitted prior to the City Council public hearing. 3. The following amenities are required as part of the planned development: a minimum of 10% of the gross area as open space and picnic/hardscape amenities. All amenities shall be bonded for prior to signature on the final plat. 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. 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. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. This section of Ustick Road is not listed in the adopted Capital Improvements Plan; therefore, impact fees cannot be used to purchase the right- of-way abutting the site. Right-of-way dedication is not required with this application. If the applicant chooses to dedicate the right-of-way, ACHD will not provide compensation. The applicant shall do one of the following: i. Dedicate by donation an additional 23-feet of right-of-way along Ustick Road (48-feet total from centerline), and construct a minimum 5-foot wide RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR STAPLETON SUBDIVISION BY WARDLE & ASSOCIATES – CUP-03-034 Page 3 concrete sidewalk along Ustick Road in its ultimate location (minimum 41-feet from centerline). Coordinate the location and elevation of the sidewalk with District staff. The applicant should provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. The applicant should also be required to obtain a license agreement for any landscaping located in the Ustick Road right-of-way. ii. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road in its ultimate location. The sidewalk should be located no closer than 41-feet from the centerline of the right-of-way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. iii. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right-of-way (if feasible). Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct the main entrance into the subdivision, Stapleton Avenue, in alignment with Turnberry Way on the south side of Ustick Road, OR offset a minimum of 300-feet (measured centerline to centerline). The street shall be constructed with as a 36-foot street section within 50-feet of right-of-way with curb, gutter and 5-foot wide concrete sidewalks between Ustick Road and Tourist Street as proposed. Stapleton Avenue shall be constructed with 21-foot street sections on either side of the proposed center median. 3. Construct Tourist Street, west of Stapleton Avenue, and Stapleton Avenue, south of Tourist Street, as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet of right-of-way. Provide the District with an easement for any portion of any sidewalk that is not located within the right-of-way. 4. Construct Stapleton Avenue, north of Tourist Street, Tourist Street, east of Stapleton Avenue, and Traveler Street as 29-foot street sections with curb, gutter and 5- foot wide concrete sidewalks, within 42-feet of right-of-way. Sign the streets for “NO PARKING” on one side. 5. Construct District approved turnarounds for Tourist Street, Stapleton Avenue and Traveler Street. The applicant shall submit a design of any non-standard turnaround for review and approval by District Development Division staff. The turnarounds shall have a minimum 18-foot radius and a minimum right-of-way width of 42-feet. 6. Construct Tourist Street to the west property line, as proposed. Install a sign at the terminus of the roadway stating that, “THIS ROAD WILL BE EXTENDED IN THE FUTURE”. Coordinate the sign plan for the stub street with District staff. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR STAPLETON SUBDIVISION BY WARDLE & ASSOCIATES – CUP-03-034 Page 4 7. Pave the existing driveways their full width and at least 30-feet into the site beyond the edge of pavement. 8. Any landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 9. Other than the access points specifically approved with this application (Stapleton Avenue & existing driveways), direct lot or parcel access to Ustick Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat(s). The existing driveways are approved with the current use only. 10. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 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. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR STAPLETON SUBDIVISION BY WARDLE & ASSOCIATES – CUP-03-034 Page 5 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400’ apart. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 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. 5. All radii shall be 28’ inside and 48’ outside radius for all internal roads. 6. The roadways shall be built to Ada County Highway Standards with a minimum clear street width of 20’. All 29’ wide streets shall have restricted parking to one side. All 33’ RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR STAPLETON SUBDIVISION BY WARDLE & ASSOCIATES – CUP-03-034 Page 6 wide street sections shall also be posted no parking on one side to prevent encroachment on the required clear width of 20’. UFC 902.2.1 7. The proposed 40-lot subdivision with an estimated 2.8 residents per household would have a total estimated population of 115 residents at build out. According to a report completed by Fire & Emergency Services Consulting Group in February of 2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010, this is up from 2069 responses in the year 2000. 8. The Meridian Fire Department would support the strict application of the International Building Code for side yard setbacks with no variances. This would limit the potential fire spread from building to building in those blocks. D. Adopt the Recommendations of 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. E. Adopt the Recommendation of Nampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change/site application.