HomeMy WebLinkAboutSettlement Bridge Sub CUP03-065
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RECOMMENDATION TO CITY COUNCIL
Project Name: Settlement Bridge Subdivision
Case No(s).: AZ-03-035, PP-03-041, CUP-03-065
:Applicant: Capital Development. lnc.
P8c7. Commission Hearing Date: January 15, 2004
Recommendation: Approve with conditions.
Summary of Public Hearing:
• The Applicant, Dave Yorgason, and his representative, Mile Wardle, testified in
favor of the application.
• Three members of the public testified, expressing concerns about the proposed
development.
Key issues of discussion and questioning by Commission included:
• Water supply in the area, and the possibility of a well on this site
• The lack of ACRD action on this application
• The lack of roadway improvements (sidewalks, travel lanes, signals,
etc.) in this area
An irrigation ditch on the southern boundary and fencing types
adjacenC to the ditch
Kev Commission Additions/Modifications to Staff Recommendation:
• The Commission modified staff's recommendation by modifying a fencing condition
(condition #18) and adding a condition regarding private streets (condition #24) and
one restricting signature of a final plat until water service is available (condition #2~).
Minor modifications were made to several other conditions.
Outstanding Issues for City Council:
• Fencing along the southern boundary.
• The availability of water for this site.
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT APPROVAL FOR A
PLANNED DEVELOPMENT ON
70.64 ACRES IN AN R-8 ZONE
Case No. CUP-03-065
RECOMMENDATION TO CITY
COUNCIL
CAPITAL DEVELOPMENT, INC.,
Applicant
1 . The property is approximately 70.64 acres in size and is located on the east side of
Locust Grove Road, and on the south side of McMillan Road, in Section .2,
Township 4 North, Range 1 East.
3. The John & Jeatme Tolk Trust and Lynne Sasso Talk are the cun~ent property
owners and John, Jeanne and Lynne Tolk have submitted notarized consent for
the subject application.
3. The Applicant is Capital Development, hoc.
4. The subject property is currently zoned RliT. There is, however, an application
for annexation and zoning to R-8 before the City Council. The zoning 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
for single-family residences with reduced lot frontages, reduced lot sizes, a
substandard cu]-de-sac length, and a sidewalk variance along McMillan Road.
The Planned Residential Development designation within the City of Meridian
Zoning and Development Ordinance requires a Conditional Use PcrmiC be
obtained far most uses including those requested by the Applicant. (Meridian
City Zoning and Development Ordinance, Section 11-8-1).
6. The Meridian Plaiming and Zoning Conunission recognizes that the proposed
application is incompliance with the Meridian Comprehensive Plan.
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 oFTerry ]ngram,
Steve Sherer and Viclc Clapp, expressed at the January 15, 2004, hearing.
RECOMMENDATION TO C[TY COUNCIL FOR CONDITIONAL USE PERM[T APPROVAL FOR A
PLANNED DEVELOP'VIENT ON 70.64 ACRES IN AN R-8 ZONE, BY CAPITAL DEVELOPMENT,
INC. -CUP-03-65 -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 properly described in the application, subject to the
following:
A. Adopt the Special Recommendations of the Planning and Zoning Commission as
follows:
1. Delete the last sentence of the second ballet in Site Specific Condition #2 on page
23, and add a sentence to the end of the condition that reads:' "Lots sharing
common driveways shall not be required to have any street frontage."
2. Add a sentence to the end of Site Specific Condition #3 that reads: "If the City
acquires a well site in the area where common area is proposed, additional open
space will not be required by the development."
3. Add a sentence to the end of Site Specific Condition'~5 that reads: "The Meridian
Loop pathway is allowed in lien of a ~-foot sidewalk where the pathway location
coincides with the sidewalk."
B. Adapt the Comments and Recommendations of the Meridian Planning d Zoning
and Engineering Departments as follows:
SITE SPECIFIC CONDITIONS (Conditional Use Permit)
1. Applicant shall meet all of the requirerroents of the Annexation/Zoning (AZ-03-
035) and Preliminary Plat (PP-03-041) as a condition of the Conditional Use
Permit (CUP-03-065.
2. The project shall conform to the modified dimensional standards, as follows:
• Minimum lot size: 4,031 square-feet (attached Lots); 5,250 square-
feet (detached lots).
• Minimum frontage: 40 feet for attached lots on straight-away
streets and 28 feet (lots on comers/cul-de-sacs); 58 feet for detached lots
on straight-away streets and 30 feet (lots on corners/cul-de-sacs). bets
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5
RECOMMENDATION TO CITY COUNCIL FOR CONDI"CLONAL USE PERMIT APPROVAL POR A
PLANNED DEVELOPMENT ON 70.64 ACRES IN .AN R-8 ZONE, BY C.4P[TAI., DEVELOP!-LEN"I ,
1NC. -CUP-0.-65 -Page 2
^"'""°'"" ""`'~ " ° '. Lots sharing common driveways shall not he
required to have any street frontage.
The Applicant is granted permission to exceed the 450-toot
maximum cul-de-sac length as depicted on the submitted plat
(approximately 950-feet long). As a condition of increasine the cul-de-sac
length for Swift Water Drive/Pier Place, the Applicant shalt construct an
emergency access from Pier Place to McMillan Road. Coordinate the
design and construction of the emergency access with the Meridian Fire
Department.
The proposed amenities far the planned development including three tot
lot,~activity areas linked by a linear open space system, over 7 acres of open space
(over 10%), and the construction of a portion of the "Meridian Loop" pathway
system abutting the North Slough are approved with this application. Unless
otherwise approved by Planning & Zoning staff, the proposed amenities shall be
installed as depicted on the landscape plan. If the City acquires a well site in the
area where common area is proposed, additional open space will not be
required by the development.
4. The Applicant shall work with Meridian Planning & Zoning staff as well as
ACHD staff on striping, signage, or other means to create an efficient
crosswalk(s) design for the multi-use pathway at Schumann Avenue.
5. All sidewalks shall be constnicted as submitted and in accordance with MCC 12-
5-2.x. The Meridian Loop pathway is allowed in lieu of a 5-foot sidewalk
where the pathway location coincides with the sidewalk.
C. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
Dedicate 48-feet ofright-of--way from the centerline of McMillan Road abutting
the parcel by means of a warranty deed. The right-of--way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of--way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of--way dedicated which is an addition to existing ACHD right-oF-way if die
owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACRD Ordinance in effect at that time
(currently Ordinance #198), if funds are available.
OR
Dedicate 38-feet ofright-of--way from the centerline of McMillan Road abutting
the parcel by means of a warranty deed. The right-of--way purchase and sale
agreement and deed must be completed and signed by the applicanC prior to
RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A
PL.4nTED DEVELOPMENT ON 70.64 ACRES IN AN R-8 ZONE, BY CAPITAL DEVELOPMENT,
iNC. -CUP-0. -65 -Page 3
scheduling the final plat for signature by the ACRD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACRD right-of-~~~ay if the
owner submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with the ACHD Ordinance in effect at that time
(cun~ently Ordinance #198), if funds are available.
2. Construct a 10-foot asphalt pathway on McMillan Road in lieu of constructing a
5-foot concrete sidewalk if the pathway is maintained by the homeowners
Association. Construct the pathway to be located a minimum of 4l-feet from the
centerline of McMillan Road.
OR
Construct a 5-foot concrete sidewalk on McMillan Road located a minimum of
41-feet from the centerline of McMillan Road. If the sidewalk should meander
outside oftheright-of--way, the applicant should provide the ,District with an
easement for the sidewalk.
3. The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet ofright-of--way along Locust Grove
Road, and construct a minimum 5-foot wide concrete sidewalk along Locust
Grove Road, 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-toot wide
concrete sidewalk along Locust Grove Road, located a minimum of 28-feet fiom
the centerline of the right-of--way, in an easement provided to the District.
e. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide
concrete sidewalk along Locust Grove Road, located at the back edge of fhe
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
4. Construct a main entrance (North Schumann Avenue) to intersect McMillan Road
approximately 1,000-feeC west of the east property line and align with Schumann
Avenue, as proposed.
5. Construct a main entrance (East Trinity Springs Drive) to intersect Locust Grove
Road approximately 515-feet north of the south property line, as proposed.
6. Construct a stub street (East Trinity Springs Street) to the east property line
approximately 400-feet north of the south property line, as proposed. Lnstall a
sign at the terminus of the stub street stating that, "TH1S ROAD WILL BE
EXTENDED IN THE FUTURE".
RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL POR .A
PLANNED DEVELOPMENT ON 70.64 ACRES IN AN R-8 ZONE, BY CAPITAL DEVELOPMENT,
INC. -CUP-03-65 -Page 4
Construct a stub street to the 6.64-acre site that is located directly to the east at
this time with the ability for the site specific requirement to be removed in the
future, IF:
The 6.64-acre site to the east submits a development application before this phase
of Settlement Bridge Subdivision is final platted
AND
The 6.64-acre site has connectivity and access as required by District policy.
Consn-uct North Schumann Avenue (from McMillan Road to North Trail Blazer
Drive) and East Trinity Springs Drive (from Locust Grove Road to 240-feet east
of North Bach Way) as a 36-foot street section with vertical curb, gutter and 5-
foot concrete sidewalks on both sides of the roadway within ~0-feet of right-of-
way.
9. Construct Notth Sharp Shooter Court, East Territory Court and North Stampede
Place as a 29-foot street section within 42-feet ofright-of-way, as proposed.
Adequately sign the roadway to prohibit parking on one side. Submit a copy of
[he signage plan to District staff for review and approval.
10. Constrrct East Red Rock Court (east of East Sidewinder Drive), North Pathfinder
Place (north of East Red Rock Drive), North Aberdeen Place (south of North Trail
Blazer Drive), North Mendelson Avenue (north ofNorth Trail Blazer Drive),
Mountain Man Way, the cul-de-sac on Trinity Springs Drive between Schubert
Avenue and Expedition Way, North Schubert Avenue (north and south of East
Trinity Springs Drive), East Swift Water Street (between North Schubert Avenue
and North Mountain Man Way), East Swift Water Street (east of Schumann
Avenue) and North Pier Place as 33-foot street sections with rolled curb, gutter
and 5-foot attached concrete sidewalks on both sides of the roadway within 50-
feet ofright-of--way, as proposed.
1 1. Construct the remaining internal roadways as 36-foot street sections with rolled
curb, gutter and 5-foot attached concrete sidewalks within 50-feet ofright-of--way,
as proposed.
12. Construct seven cul-de-sac turnarounds with islands within the turnarounds, as
proposed. Provide a minimum turning radius of 45-feet in each turnaround.
Provide a minimum of a 29-foot street section on either side of any proposed
center islands within the turnarounds. Construct the islands medians to be
constructed a minimum of 4-feet wide to total a minimum of a 100-square foot
area.
13. Construct an approved turnaround at the terminus of North Sharp Shooter Court
OR
Construct these proposed roadways as private streets or common driveways with
the review and approval of the City of Meridian.
RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A
PLANNED DEVELOPMENT ON 70.64 ACRES IN AN R-8 ZONE, BY CAPITAL DEVELOPMENT,
TNC. -CUP-03-65 -Pace 5
14. Construct an approved turnaround at the terminus of East Territory Street
OR
Construct these proposed roadways as private streets or common driveways with
the review and approval of the City of Meridian.
1~. Construct an approved turnaround at the terminus of East Swift Water Drive
OR
Construct these proposed roadways as private streets or common driveways with
the review and approval of the City of Meridian
16. Construct the island/median within North Schumann Avenue to match the island
on the north side of McMillan at the intersection of North Schumatm Avenue and
McMillan Road. (The island should be approximately 10-feet in width at the
throat of the street and can enlarge as they enter the subdivision).
17. Construct the island/median within East Trinity Springs Drive to be a maximum
width of 10-feet at the intersection of Locust Grove Road. (The island should be
approximately 10-feet in width at the throat of the street andcan enlarge as they
enter the subdivision).
18. Any proposed landscape islands/medians within the public right-of-way dedicated
by this plat are required to be owned and maintained by a homeowners
association. Construct the islands/medians to be a minimum of 4-feet wide to
total a minimum of a 100-square foot area.
19. Construct cleft-turn lane on McMillan Road at the intersection of Shumann
Avenue and McMillan Road, as described in the submitted traffic impact study.
Coordinate the design of the taper with District staff.
20. Construct cleft-tuns bay on Schumann Avenue at the intersection of Shumann
Avenue and McMillan Road, as described in the submitted traffic impact study.
Coordinate the design of the taper with District staff.
21. Other than the access points that have specifically been approved with this
application, direct lot access to McMillan Road and Locust Grove Road is
prohibited. Notes of this access restriction will be required to be noted on the
final plat.
22. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-af--way.
RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A
PLANNED DEVELOPMENT ON 70.64 ACRES IN AN R-8 ZONE, BY CAPITAL DEVELOPMENT,
NC -CUP-03-65 -Page 6
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 roay 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 Coordinaror al
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Elighway
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 #198, 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 ntilities
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
ACRD 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.
] 1. Any change by the applicant in the plamied use of the properCy 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
RECONiMEND.ATION TO CITY COUNCIL FOR CONDITIONAL USE PE2~41T .~PPROV'AI. FOR :\
PL:~NNED DEVELOPMEN"C ON 70.64 ACRES IN AN R-8 "ZONE, BY CAPITAL DE\%ELOPME~"I",
INC. -CUP-03-65 -Page 7
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.
D. Adopt the Meridian Fire Department Recommendations as follows:
1. That afire-flow as required by the International Fire Code is provided to service the
entire project. Fire hydrants shall be placed an average of 350' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian hire
Department.
4. 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.
5. All entrances and internal 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.
7. The proposed subdivision will have a population of 77l and will have an
unknown impact Meridian Fire Department call volumes. According to a report
complete 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 up from 2069 responses in the year 2000.
8. No vertical obstructions or mature landscaping which obstructions the outlets of the
fire hydrant within 10'.
9. All fire lanes shall have a clear driving surface which is 20' wide available at all
times.
10. The Meridian Fire Department would like to request that N. Pier Pl. be connected
to E. McMillan Rd. Streets longer that 750' require special approval according to
the 2000 International Fire Code Appendix D. The Meridian Fire Department
would accept an emergency access on the north end of N. Pier Place where the
access for the sewer easement will be built. Barricades at this access will need to
be approved by Meridian Fire Department and the Meridian Public Works
Department.
11. The following areas shall have red curbs Block 4 Lots 12, 13, ]4, L~, 3~, 36, 37,
38, 39, 40, Block 5 Lot 16, 17, 18, 19, 20, 21, Block 6 4, 5, 6, 7, 8, Block 1, Lot
30 thru 36, Block 6 Lots 46 thru 50, 39 thru 43.
RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROV"AL FOR A
PLANNED DEVELOPMENT ON 70.64 ACRES IN AN R-8 ZONE, BY CAPITAL DEVELOPMENT,
INC. -CUP-03-65 -Page 8
12. Recommend comiecting Territory & Stampeded to prevent blocking of the
roadway due to limited parking.
13. Parking shall be limited to one side on all 29' wide street sections.
E. Adopt the Recommendations/Comments ofJoint School District No. 2 as follows:
]. The Meridian School District has experienced phenomenal student growth the last ten
years. The high schools, middle schools, and elementary schools throughout the district
are operating over capacity.
2. Approval of Settlement Subdivision will have a significant impact on school enrollments
at Discovery Elementary, Lowell Scott Middle, and Eagle High School.
3. We can predict that these homes, when completed, will house eight-five (85) elementary
aged children, sixty-five (65) middle school aged children, and forty-seven (47) senior
high aged students. Additional students will farther compound the current overcrowded
situation.
4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is
currently operating beyond capacity. Future development will continue to have an
impact on the district's capacity.
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.
G. Adopt the Recommendations of Settlers' Irrigation District as follows:
1. All inigation/drainage facilities along with their easements must be protected and
continue to function. The facility involved is the North Slough. (Settlers Canal).
2. A Land Use Change Application must he on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of any
S.LD. facilities.
RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERh41T APPRO V.AL FOR A
PLANNED DEVELOPMENT ON 70.64 ACRES IN AN R-8 ZONE, BY CAPITAL DEVELOPMENT,
INC. -CUP-03-65 -Page 9
4. Any changes to the existing irrigation system such as relocation, tiling, and
landscaping must be approved by Settlers Irrigation District.
~. All storm drainage must be retained on-site.
6. The development must supply irrigation access to all lots within the above-
mentioned subdivision. If the developer wishes to have Settlers Irrigation District
own, operate, and maintain the pressure irrigation system an agreement needs to
be in place prior to the pre-construction meeting.
According to the plans there is a pedestrian pathway located next to the Settlers
Canal. The canal in this area is extremely dangerous, especially to children,
because of high water velocity, and flows. SID does not recommend placing this
pathway next to the canal for safety reasons. However, if the pathway must be
placed within S1D's easements the district will require a license agreement from
the developer and/or who ever shall have ownership of the pathway. The
agreement will address liability issues, as well as the operation and maintenance
of the canal system.
H. Adopt the Recommendations of the Meridian Parks Department as follows:
Constnict pathway (Meridian Loop) according to current published pathway
standards.
RECOMMENDATION TO CITY' COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A
PLATED DEV ELOPMENT ON 70.64 ACRES IN AN R-8 ZONE, BY CAPITAL DEVP.LOPMENT,
1NC. -CUP-03-65 -Page 10