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HomeMy WebLinkAboutMayfair Commons Sub CUP 03-057RECEIVED JAN 2 3 2~0~ ,,~~~~ ~~++<m m UYI~YII.~ICIY! 11 in.aNo STAFF SUMMARY OF City Of Meridian City Clerk Office PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL Project Name: Case No(s).: Applicant: Mayfair Subdivision PP-03-031 /CUP-03-057 / RZ-03-011 Wildwood Development, LLC P&Z Commission Hearing Date: December 18, 2003 Recommendation: Approve with conditions Summary of Public Hearing: The applicant's representative testified in favor of the application. Four neighbors of the proposed developmem testified in opposition of the development. Primary concerns were centered on the existing industrial uses neighboring the property and the potential incompatibility of the proposed residential subdivision with these existing industrial uses. Key Commission Changes to Staff Recommendation: Planning and Zoning Commission recommended disclosure in the CCR&R's concerning the existence of neighboring industrial uses Outstanding Issues for City Council: None BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDIITONAL USE PERMIT FOR A PLANNED DEVELOPMENT IN A PROPOSED I-L AND R-15 ZONE Case No. CUP- 03-057 RECOMMENDATION TO CITY COUNCIL } Wildwood Development, LLC, Applicant 1. The property is located at 1125 E. Pine Street, Meridian. 2. The owner of record of the subject property is Montague - Saurial, LLC. 3. Applicant is Wildwood Development, LLC. 4. The subject property is currently caned I-L. The zoning district of I-L is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The Applicant requests the Conditions! Use Permit for a Planned Development in an I-L and proposed R-15 cane. The I-L and R-15 zoning designations 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-$-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. The Planning and Zoning Commission recognized the concerns of neighbors concerned with the project, expressed in their letters. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR Mayfair Commons BY Wildwood Development, LLC -CUP-03 -057 Page 1 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 Special Recommendations of the Planning and Zoning Commission as follows: 1. Change the header on page 5 to read "Zoning Conditions" 2. Change the header on page 6 to read "Site Specific Conditions" 3. Change the header on page 12 to read "Site Specific Conditions." 4. Add a Condition No. 6 on page 12 to read, "Sound dampening required and handled through the receipt of a certificate of zoning compliance, which will include sound dampening on east and south walls and windows." 5. Add a Condition No. 7 to read, "Include a disclosure in the CC&R's to the existence of neighboring properties that create noise and vibrations 24/7. This information will also be made available to the owners and tenants as part of their lease agreements." B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS (Conditional Use Permitl Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. At least 10 days prior to the next public hearing, the Applicant shall submit a detailed plan for the proposed park and tot lot. A revised site plan and/or elevations depicting 100 sq. feet of useable open space per dwelling unit must be submitted at least 10 days prior to City Council. 4. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 5. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. C. Adopt the Recommendations of the Meridian Fire Department as follows: 'T'he following will be the requiremens and/or concerns to provide nunimum levels of fire protection for the proposed project: RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR Mayfair Commons BY Wildwood Development, LLC -CUP-03 -057 Page 2 I. That afire-flow consistent with Appendix D of the Irnernational Fire Code be provided to service the entire project. Fire hydrams shall be placed an average of 350' apart. 2. Operational fire hydrants and temporary or permanern street signs aze required before combustible constmclion begins. 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydram locations shall be by the Meridian Fire Department thru the Public Works Departmern. 5. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of 20'. No Pazking will be allowed on all internal access roads which are less than 20' wide. 7. The proposed project will have an undetermined transient population. Based on historical run analysis the Meridian Fire Department will respond to one call for service for every 24 people in the service area. This will generate an undetermined number of calls for service at build out. According to a report completed by Fire & Emergency Services Consulting Group in Febn~azy of 2000 our requests for service are projected to reach 2800 in the yeaz 2005 and 3800 by the year 2010, this is up from 2069 responses in the year 2000. 8. Any driveway over 150' long will require an approved turn-around. 9. Any building with more than 6 units or more than three stories will be required to be fire sprinklered. D. Adopt the Recommendations of Central District Health Department as follows 1. This proposal can be approved for central sewage & cernral 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. 5tormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR Mayfair Comrooas BY Wildwood Develc~ment, LLC -CUP-03 -057 Page 3 5. The Engineers and architects involved with the design of the subject project shall obtain current best managemern practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions ofApprovad 1. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet ofright-of--way (from the centerline) along Pine Avenue, and construct a minimum 5-foot wide concrete sidewalk along Pine Avenue, located a minimum of 28 feet from the centerline of the right-of--way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Pine Avenue, located a minimum of 28-feet from the centerline of the right-of--way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Pine ,Avenue, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct a (30-foot wide maximum) driveway that intersects Pine Avenue approximately 150-feet east of the west property line and aligns with Stonehenge Way, as proposed. Construct a 30-foot wide driveway that intersects Commercial Avenue approximately 140-feet east of the west property line, as proposed. 4. Pave the driveways their full width 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. 5. Extend Commercial Avenue from the east property line and extend it to the west property line. Construct a temporary turnaround easement at the terminus of Commercial Avenue or within the private road. Install a sign at the terminus of Commercial Avenue stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct Commercial Avenue as a 36-foot street section with curb, gutter and sidewalk within 50-feet of right-of--way. Taper Commercial Avenue from the existing 40-foot street section to the proposed 36-foot street section. Other than the access point that has specifically bee approved with this application, direct lot access to Pine Avenue is prohibited. Notes of this shall be noted on the plat. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR Mayfair Commons BY Witdwood Development, LLC -CUP-03 -057 Page 4 8. Comply with all Standard Conditions of Approval. Standard Coratitiorrs of Approval Any existing irrigation facilities shall be relocated outside oftheright-of--way. 2. All utility relocation costs associated with improving street fromages 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 the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and constnic~tion shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD 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. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. 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 ACRD 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 RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR Mayfair Conunoas BY Wildwood Development, LLC - CUP-03 -057 Page 5 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 awaiver/variance of said requirements or other legal relief is grained pursuant to the law in effect at the time the change in use is sought. RECOMMENDATION TO CITY COUNCII. OF APPROVAL OF CONDITIONAL USE PERMIT FOR Mayfair Commons BY Wildwood Development LLC - CUP-03 -057 Page 6