The URL can be used to link to this page

2009 08-06i E IDIAN~-- M~ RIDIAN PLANNING ANDZONING IDAHO REGULAR MEETING j AGENDA Ci Council Chambers 33 E. Broa ay Avenue, Meridian, Idaho ' '- , Thursday, August 6, 2009 at 7:00 p.m. "Although the City of Meridian no longer req~-ires sworn testimony, all presentations before the Mayor and C-ty Council are expected #o be truthful and honest to best of the abi~ity of the presenter. " 1. Roll-call Attendance: ', X Tom O'Brien X_~ Wendy Newton-Huckabay X Michael Rohm _X 'Joe Marshall X David Moe -chairman 2. Adoption of the Agenda: Approve ', 3. Consent Agenda: A. Approve Minutes of July 23, 2009 Special .Meeting: Approve B. Findings of Fact and Conclusions of Law for Approval: CUP 09-005 Request for Conditional Use Kermit for a Public Education Institution in an R-4 zoning district forlWillowcreek Elementary by Joint School District No. 2 - 2500 W. ~ango Creek Drive: Approvo, 4. Continued Public Hearing from June 4, 2 09: RZ 08-005 Request for Rezone of 26.58 acres from an R-4 to an R- zone for Cavanaugh Ridgy by Kastera Development, LLC -east of S. eridian Road. and south of ~. Victory Road: Continue Public Hearing to eptember 3, 2009 and Re- Notice 5. Continued Public Hearing from June 4, 209: PP 08-014 Request .for Preliminary Plat approval for 255 residential (building lots and 26 cornrrfon area lots on 91.08 acres in an R-4 and pr~posed R-8 zoning district. fior Cavanaugh Ridge by Kastera Developme ,LLC -east of S. Meridian Road and south of E. Victory Road: C~ntinue Public Hes~ng September 3, 2009 and Re-Notice 6. Public Hearing: ZOA 09-002 Request tp amend the standards fior ' temporary signs listed in UDC 11-3D-6A.6 to allow an ingrease in the amount of time a temporary sign may be (splayed from 90 days to a maximum of 180 days for UDC Text Amend~ent -Temporary Signs by Meridian Planning and Zoning Commission Meeting Agenda - ugust 6, 2009 Page 1 of 2 All materials presented at public meetings shall become pr party of the City of Meridian. ' Anyone' desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 ours prior to the public meeting. City of Meridian Planning Department: Recommend Denial to City Council Meridian Planning and Zoning Commission Meeting Agenda - August 6, 2009 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. AGENDA NAME BACK TABLEFORP&ZORC/C CLERKS STATION CITY COUNCIL SEATS CLERKS WALL CALENDAR WEBSITE WEBLINK E-MAIL CLERK'S CORK BOARD OUTSIDE CITY HALL CITY HALL LOBBY REVISED (YES/NO) REVISED DATE: 0 Initial: Date: Time: Meridian Planning and Zoning Special Meeting August 6, 2009. Special Meeting of the Meridian Planning and Zoning Commission of August 6, 2009, was called to order at 7:00 p.m. by Chairman David Moe. Members Present: Chairman David Moe, Commissioner Wendy Newton-Huckabay, Commissioner Tom O'Brien, Commissioner Michael Rohm and Commissioner Joe Marshall. Others Present: Machelle Hill, Ted Baird, Pete Friedman, and Dean Willis. Item 1: Roll-Call Attendance: Roll-call X Wendy Newton-Huckabay X Tom O'Brien X Michael Rohm -Vice Chairman X Joe Marshall X David Moe -Chairman Moe: Good evening, ladies and gentlemen. Welcome to the regularly scheduled meeting of the Planning and Zoning Commission for August 6th, 2009. I'd like to open the hearing and ask the clerk to call roll, please. Item 2: Adoption of the Agenda: Moe: Next item on the agenda is the adoption of the agenda. Commissioners, on -- Items 4, 5, will be continued to a later date and we will take care of that when I open that hearing. Other than that everything will stay the same. So, can I get a motion to accept the agenda as it was changed or will change? O'Brien: So moved. Marshall: Second. Moe: It's been moved and second to approve. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Approve Minutes of July 23, 2009 Special Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 09-005 Request for Conditional Use Permit for a Public Education Institution in an R-4 zoning district for Willowcreek Elementary by Joint School District No. 2 - 2500 W. Tango Creek Drive: Meridian Planning and Zoning August 6, 2009 Page 2 of 11 Moe: Next item on the agenda is the Consent Agenda. There are two items one is the approval of the meeting minutes of the July 23rd special meeting of the Planning and Zoning and the second item is the Findings of Facts and Conclusions of Law for approval of CUP 09-005. Are there any questions or comments? O'Brien: One question, sir. Moe: Yes, sir. O'Brien: Did I see that on the -- on the minutes that read after the meeting -- the last meeting it showed that Michael -- Mr. Rohm was absent or not here. I didn't see a check mark on this name. Moe: I did not note that. Hill: It does show that he wasn't here. He was, though. Moe: That will be changed. Rohm: Thank you, Commissioner O'Brien. Moe: Good catch. Anything else? Okay. So, can I get a motion to accept the Consent Agenda? Marshall: So moved. O'Brien: Second. Moe: It's been moved and seconded to approve the Consent Agenda with the one change. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Item 4: Continued Public Hearing from June 4, 2009: RZ 08-005 Request for Rezone of 26.58 acres from an R-4 to an R-8 zone for Cavanaugh Ridge by Kastera Development, LLC -east of S. Meridian Road and south of E. Victory Road: Item 5: Continued Public Hearing from June 4, 2009: PP 08-010 Request for Preliminary Plat approval for 255 residential building lots and 26 common area lots on 91.08 acres in an R-4 and proposed R-8 zoning district for Cavanaugh Ridge by Kastera Development, LLC -east of S. Meridian Road and south of E. Victory Road: Moe: Because we have such a large audience tonight, I don't think I really need to instruct the audience tonight. So, therefore, I will, then -- I will now open the continued Meridian Planning and Zoning August 6, 2009 Page 3 of 11 public hearing RZ 08-005 an continuing both hearings to 2009. Can I get a motion? Rohm: So moved. Marshall: Second. Newton-Huckabay: Second. d PP 08-010 for Cavanaugh Ridge for the sole purpose of the regularly scheduled meeting of September the 3rd, Moe: It's been moved and seconded to approve the continuance of RZ 08-005 and PP 08-010 for Cavanaugh Ridge to September 3rd, 2009. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Hill: Mr. Chair? Moe: Yes. Hill: Also, for the record, we are requiring the applicant to renotice that, too, because it's been so long. Moe: Okay. Thank you very much. Item 6: Public Hearing: ZOA 09-002 Request to amend the standards for temporary signs listed in UDC 11-3D-6A.6 to allow an increase in the amount of time a temporary sign may be displayed from 90 days to a maximum of 180 days for UDC Text Amendment -Temporary Signs by City of Meridian Planning Department: Moe: Next item on the agenda is the public hearing of ZOA 09-002 for the UDC Text Amendment For Temporary Signage by the City of Meridian Planning Department. And, please, go forward. Friedman: Thank you, Mr. Chair, Commissioners. As Mr. Chairman indicated, this is a zoning text amendment by the Planning Department to amend the UDC to extend the time that temporary signs maybe erected. As you know, we have a limitation right now on 90 days per year. The proposal is to increase that to 180 days per year. But, however, this is seen as an interim measure. By way of background, the whole temporary sign timing thing has been creating a number of challenges for code enforcement given the current economic atmosphere. Some of our -- more than one or two of our business owners -- many business owners are feeling that they really are feeling constrained by the 90 day time limit and we have had an increase in code enforcement activity. Those concerns have been communicated to the city at all levels. We met with the City Council to discuss a couple options. One being, you know, Meridian Planning and Zoning August 6, 2009 Page 4 of 11 eliminate the time period all together, although we indicated that would be -- kind of a tough Genie to get back in the bottle once we eliminated it. Another one was to just double the time that they could be allowed. Staff and the city attorney's office have been working on an entire new sign code. They have completed or almost have completed the draft. Right now the thought is that they are going to get that draft completed, assemble an advisory committee. That draft code -- and hopefully have it to you for your consideration -- I believe the time line would probably be around October or November, with the goal of getting it to City Council in November -- December, with adoption at the end of the year. All signs would be discussed and reviewed in that code and I don't know -- I can't answer what thoughts have gone into temporary signs and so forth, but they will be addressed in one manner or another. So, really, this is seen as an interim measure that would probably stay in effect until the new sign code is adopted at the end of the year. So, with that staff is recommending approval of this text amendment and I'd be happy to answer any questions. Moe: Thank you. Are there any questions from staff? Mr. Marshall. Marshall: Mr. Chair? Pete, I assume, though, then -- and I think I have this correct -- is that the new sign amendment that would be seen in October, November would supercede what we are talking about tonight? Friedman: Mr. Chairman, Commissioner Marshall, Commission Members, it would stay in effect -- this amendment, if adopted by the City Council, would stay in effect until some other code provision replaces it. Marshall: Got you. Friedman: So -- and our anticipation is that -- or at least our goal is to have Council action on a new code by the end of this year. By the end of December. Marshall: Comments. Moe: You've still got the floor, sir. Marshall: Having a degree in business management I fully understand the power of advertising. When economic times are difficult, as they as now, the need to advertise is even more important. All of us are impacted by this economic down turn and wanting to see our local businesses succeed. I want to do everything in my power to help them. That being said, I want to consider what the city can do to help local businesses attract customers. Where the main goals of the Planning and Zoning Commission is to help guide development in a manner that provides a safe and attractive environment that people want to frequent, temporary signs are temporary for a reason. They do not replace permanent signage. I have never met anyone that has called them attractive. In fact, I have met many people who called them a blight or an eye sore. They are intended to draw attention. If they did not, no one would use them. Rather than banning them, I feel the city has correctly allowed their use on a temporary basis. This Meridian Planning and Zoning August 6, 2009 Page 5 of 11 allows special sales, advertisements, and one-time offerings to catch people's attention as they drive past an establishment. They alert potential customers that some -- something special is coming or currently underway. These limits also keep the eye sore or blight in check, creating a more attractive streetscape that consumers want to frequent. Having taken numerous classes in advertising, I am aware that humans tend to take notice of the new and unusual. Our brains are hard wired to evaluate everything in front of us and anything that is common or common place or seen again and again, is given a lower priority for our brain to evaluate. Therefore, things that are new and changing go to the forefront and a higher priority in the brain. It is this fact that helps make temporary signage useful. It is not always there. We take notice when it is. Increasing the time limit for temporary signage decreases its effectiveness. If every single business were to take advantage of the 180 day limit for temporary signs, we would have a temporary sign in front of every other business on the street. Maybe I'm a slow reader, but while driving I cannot read that many signs and still be able to drive. If there is an occasional sign that catches my attention, I will read it. When there are a whole bunch of signs close together, I get information overload and I do not read any of them. If I even try, I know I'm going to run into something. 1 worry about the person behind me trying to read them all. Personally, I believe increasing the time limit on temporary signs on the surface seems like a good thing for business, which I want to support any way I can. When looking at it holistically, I believe it decreases their effectiveness, creates a less attractive streetscape, which, in turn, decreases -- decreases the propensity for consumers to visit the area and the decreases traffic safety. It is for these reasons I'm against increasing the time limits on temporary signs. On the whole I do not think it's a good idea for .businesses or the city. Moe: Any other comments, Commissioners? O'Brien: Mr. Chair? Moe: Mr. O'Brien. O'Brien: My thought was, in looking at this situation, is that I -- I agree that 180 days is too long. I -- if it would make any sense to have a business renew or have it previewed as an extension past 90 days to 180, I think it would be -- it would serve best if -- if that business would review it again with the Planning Department and whoever and get an extension pass for 90 days, instead of just automatically putting it out a 180. I'm against that overall number. Marshall: If I -- if I understand this correct, a business can come in and apply for five day, ten day, 15 day, 30 day permits, up for a maximum of 90 days for the entire year. If I were a business owner I would only want to put temporary signage out five to ten days at maximum, take it down for longer than that and, then, put it back up. Otherwise, people see it on a daily basis and they stop reading it. Their brain just puts it at a lower priority. But they can go up to a maximum of 90 days over the entire course of the year. One hundred and eighty days is every other day or half the year and if every business took advantage of it and in these times I think everybody should take advantage of Meridian Planning and Zoning August 6, 2009 Page 6 of 11 temporary signage when they can, need every opportunity to advertise that you can. If they do that much, every other business would have something out all the time. Friedman: Mr. Chairman, Commissioners, just a point of clarification and I think you hit on it already, Commissioner Marshall. Right now the code allows for -- even with a 90 day limitation -- annual limitation for allowing temporary signs to be up for intervals of 15, 30, 60 or 80 days. Now, those businesses that avail -- we have had some that come in and just take out one permit for the 90 days. And, then, the 90 days elapses and that's it. We have others that will come in and take them out for 15 days or 30 days and, then, they will go fallow for awhile and, then, they will come back and get in it, but it's a new permit every time. And, yeah, it's been interesting, because I have had calls from people who have taken their 90 days permit, used it, yet a neighboring business gets multiple permits throughout the next year and they call up and they are not happy. Granted, it could be every other day, but businesses don't have to take them all out in one lump sum, they can take them out in intervals, provided they obtain a new permit for each interval. O'Brien: Okay. Thank you for clarifying that. Moe: Any other comments, Commissioners? Newton-Huckabay: Mr. Chair? Moe: Commissioner Newton-Huckabay. Newton-Huckabay: I don't have any problem with the 180 days. I think your utilization percentage is going to be something well below 100 percent of those eligible to use it, much like any other utilization percentage for things. So, I have no problem with the 180 days. I would have liked -- I think it would have been nice in here maybe to have -- you can't take -- can take one out for 180 days at one interval now? Friedman: Uh-huh. Newton-Huckabay: Okay. On the -- as a prequal to a sign ordinance I don't have any concern. Moe: Okay. Any other comments? No more comments? Rohm: No more comments. Moe: No more comments? So, are there any motions to be made? Newton-Huckabay: Let's see. I will try one and see if we can get them -- yeah. Mr. Chair, I recommend we close the public hearing on ZOA 09-002, Temporary Signs Text Amendment. Meridian Planning and Zoning August 6, 2009 Page 7 of 11 Rohm: Second. Moe: It's been moved and seconded to close the public hearing on ZOA 09-002. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Newton-Huckabay: I just have one question of my fellow Commissioners. Commissioner Marshall, Commissioner O'Brien, were you recommending some alternative or compromise between 180 or just leave it at 90? Marshall: That's one quarter of the year for me. If I were a business owner I would want one out there every day of the year, but I think it -- once you open that to everybody, I think it -- it diminishes the effectiveness and I think one quarter of the year is very reasonable. Newton-Huckabay: Okay. Rohm: I guess I do have one question of staff. If -- how encumbering would it be to leave it at the 180 -- or, excuse me, at the 90, with one 90 day extension if -- if needed? Would that make it difficult for staff to execute? Friedman: Well, we -- Mr. Chairman, Commission Members, we would still -- I mean one 90 day extension, again, we would still have the people who would have the option under the existing code language of taking them out in intervals adding up to 90 days. Now, the one thing I didn't clarify was for the people who have obtained the 90 day permits now, they couldn't come in and get a 180 day permit. So, in essence, if the recommendations were to go forward with 180 total, if you already have obtained your 90 day permit and you come in for another sign permit, temporary sign permit, it won't be for 180 days, it will only be for 90 days. So, it's probably more -- I don't know that it would be that much of a burden on staff, I mean we process the permits and we track them. So, if you came in fora 90 day permit and, then, if I heard the question correctly, wanted to come in for a one time extension of 90 days, it would be another sign permit. Rohm: With an application fee associated with it? Friedman: That's correct. Rohm: Oh. Okay. All right. Friedman: And, again, for those folks, as the code currently allows them to take them out in intervals less than 90 days, each one of those intervals is a new sign permit with a new fee, so they are tracked. O'Brien: Mr. Chair. Mr. Friedman, what effect will this resolution tonight have on the changes that are planned for the new signage amendments in the next couple of Meridian Planning and Zoning August 6, 2009 Page 8 of 11 months? Will it -- will this become part of that new UDC? Is it going to change or just be obsoleted and, then, we start all over again? Friedman: Mr. Chairman, Commissioners, that's a good question, to which I don't have an answer. However -- because 1 have not been a part of the drafting process of the new code. However, this was -- when staff proposed it, did propose it as an interim measure. So, I don't believe that this is going to find its way into the new code. I don't know exactly how they are looking at temporary signs. There may be an entirely new focus, but I don't know what that is. Newton-Huckabay: But it would give you the data if there is a run on the Planning Department to get a temporary sign permit. Friedman: Yeah. Marshall: Pete, can lask -- how much is the fee that they are paying? Friedman: Twenty-three or twenty-seven dollars per permit. Marshall: See, I'd almost recommend in the new -- it just -- having some background in advertising, if I were a business owner, I'd only want it out there maximum, you know, five, ten days at a time over and over again. I would almost want to be able to come in and fill out one permit for the year and say I'm going to have it the first ten days of this month and these days -- so, I can get my 90 days or, if it passes, 180 days in one fell swoop and have that all in one single permit, but -- Friedman: Mr. Chairman, Commissioners, that -- that, Commissioner Marshall, does present a tracking problem for us. That's why we have had businesses avail themselves of this -- sort of the intervals and -- because they know theirs highs and lows better than anybody else and they are willing to spend that 27 dollars over again. Because, otherwise, if you take out your permit for 90 days and, then, you take it down and, then, it goes back up again, code has a tough time -- I mean we have stickers on them, but it's a very difficult time for tracking that sort of thing. If you take it out, you know, for Joe's place for 15 days and, then, you come back in and take out another one for 30 days, we still, you know, have the ability at least to track the number of permits that you have taken out for the number -- for the period of time that you have taken it out for. Newton-Huckabay: After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number ZOA 09-002 as presented in the staff report for the hearing date of August 6, 2009, with no modifications. End of motion. Rohm: Second. Moe: It's been moved and seconded to approve ZOA 09-002 with no modifications. All those in favor say aye. Meridian Planning and Zoning August 6, 2009 Page 9 of 11 Newton-Huckabay: Aye. Rohm: Aye. Moe: Opposed? O'Brien: Aye. Marshall: Aye. Moe: Aye. That would be two ayes, three no's. So, that motion did not carry. MOTION FAILED: TWO AYES. THREE NAYS. Newton-Huckabay: So -- you could have spoken up before I made the motion and saved me the sentence. Moe: But you did a great job. Rohm: The reason why I voted in favor of the motion is because we are going to get a new signage code by the end of the year anyway and so this going to be a one time deal. It will only -- we have less than 180 days left in the year and so there will only be a one time -- Moe: Okay. And I would tell you the reason why I would say no is just for that same reason. Why do something now when Pete has made the statement that it probably won't carry through, so why bother. Rohm: Just for those people that have -- are desirous of having their temporary signage throughout the balance of the summer months, I guess. I don't know. Anyway, that's -- Marshall: And, Mr. Rohm, I would argue if I were a business owner I would want my temporary sign out there all the time. I -- if I could put it out there permanently I would, but the idea behind the temporary sign is it's there some of the time. I mean at what point in time are we no longer temporary and semi-permanent? Rohm: Well, I don't think that the temporary sign is -- by -- if you had it for 90 days you can put it out five days this week and four days that next week and two days the following week and stretch it over a period of a year, I think it's just 90 days from the date that it's taken out period. Marshall: Right. And, to be honest, I think most people will -- most businesses that have seen will roll it out there and it will stay there on the street for 90 or 180 days for as Meridian Planning and Zoning August 6, 2009 Page 10 of 11 long as they can get -- in fact, it appears it's staying longer and we are having code enforcement problems beyond the permit. Moe: So, then, stating all this, is there another motion someone wants to make? Rohm: No. Marshall: Mr. Chair, after considering all staff, applicant, and public testimony, I move to recommend denial to the City Council of file number ZOA 09-002 as presented on the hearing date of August 6th, 2009, because I don't think it's appropriate for the city or for the business owners. O'Brien: Second. Moe: It's been moved and seconded to deny so ZOA 09-002. All those in favor say aye. Marshall: Aye. O'Brien: Yes. Moe: Aye. Opposed? Rohm: Aye. Newton-Huckabay: Aye. Moe: That motion carries three to two. MOTION CARRIED: THREE AYES. TWO NAYS . Moe: Commissioners, there is only one other motion to make this evening. Friedman: Mr. Chairman, before -- Commissioners, before you make that motion I have one other item for you. Moe: I'm sorry? Friedman: I have one other item for you tonight not on the agenda, just an informational item. You're scheduled to have a joint meeting with the City Council on the 18th to have a presentation by the Urban Land Institute on Development 101. Originally that was scheduled from 5:00 o'clock until 7:00 o'clock, I believe, if you haven't received notice. It will be from 5:30 to 7:00 o'clock. Hill: I e-mailed them that. Meridian Planning and Zoning August 6, 2009 Page 11 of 11 Friedman: Okay. Moe: Yeah. I got that notice as well. All done? Friedman: I'm all done. Marshall: Mr. Chair, I move we adjourn. O'Brien: Second. Newton-Huckabay: Second. Third. Moe: It's been moved and seconded twice to adjourn. All those in favor say aye. Opposed? Motion carries. MOTION CARRIED: ALL AYES. Moe: We are done at 7:27. MEETING ADJOURNED AT 7:27 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) AP OVED DAVID MOE - CHAI AN ~~~ ROVED O `~ ~~ ~~ oaPORq ,~ ATTEST: (j ,~` -•- '`~o ~ ,~ ~SEAL4 ~~. ~ ~ //y~ -: JA CEE HOLMAN, CI CLERK ~ U ~ ,,. s August 3, 2009 MERIDIAN PLANNING 8~ ZONING MEETING August 6, 2009 APPLICANT ITEM NO. 3-A REQUEST Approve Minutes of July 23, 2009 Planning 8~ Zoning Special Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~,Qr6`'e CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. August 3, 2009 CUP 09-005 MERIDIAN PLANNING 8~ ZONING MEETING August 6, 2009 APPLICANT Joint School District No. 2 ITEM No. 3-B REQUEST Findings of Fact & Conclusions of Law for Approval -Conditional Use Permit for a Public Education Institution in an R-4 zoning district for Willowcreek Elementary 2500 W. Tango Drive AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: ITD: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: See Attached Findings ~?~~,~- Date: Phone: Staff Initials: Materials presented at pubUc meetings shall become property of the City of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF E IDIAN~-- LAW AND I D A H O DECISION & ORDER In the Matter of Conditional Use Permit for a Public Education Institution in an R-4 Zoning District, by Joint School District No. 2. Case No(s). CUP-09-005; DES-09-009 & ALT-09-012 For the Planning and Zoning Commission Hearing Date of: July 23, 2009 (Findings on August 6, 2009 agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 23, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 23, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 23, 2009 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 23, 2009, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No, 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-09-005, DES-09-009 & ALT-09-012 Page 1 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Commission Chair and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval in the attached Staff Report for the hearing date of July 23, 2009, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's Conditional Use Permit as evidenced by having submitted a Site Plan Landscape Plan and Elevations, attached in the Staff Report as Exhibit A, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 23, 2009, incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-09-005, DES-09-009 & ALT-09-012 Page 2 require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 23, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-09-005, DES-09-009 & ALT-09-012 Page 3 6~ By action of the Planning & Zoning Commission at its regular meeting held on the day of S'~, 2008. COMMISSIONER DAVID MOE (Chair) COMMISSIONER MICHAEL ROHM COMMISSIONER WENDY NEWTON-HUCKABAY COMMISSIONER TOM O'BRIEN VOTED VOTED CL,, VOTED VOTED COMMISSIONER JOE MARSHALL VOTED ~ ~~ CHAIRMAN DAVID E Attest: Tar reen, Deputy City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By:~a,~`i ~~ 1~ Dated: City Clerk's Office ,7~- ®x ~d~ ~~ . ,~~cJGO P~~q~, ~~,f o~Lo z ~ ~~ ,.~` ~ ®~ SST ls~. \~~ P CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-09-005, DES-09-009 & ALT-09-012 Page 4 STAFF REPORT Hearing Date: July 23, 2009 (Continued from May 21 and June 4, 2009) E IDIAN~- TO: Planning & Zoning Commission I D A H O FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: CUP-09-005; DES-09-009 & ALT-09-012 -Willowcreek Elementary 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Joint School District No. 2, has applied for Conditional Use Permit (CUP) approval for a Public Education Institution in an R-4 zone. Concurrently, the applicant is requesting design review approval in accordance with the UDC and the Meridian Design Manual. Further, alternative compliance is also requested because more than 50 percent of the parking is located between the building facade and the abutting public streets. 2. SUMMARY RECOMMENDATION Staff is recommending approval of the proposed development subject to the conditions of approval listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning and Zoning Commission heard this item on July 23, 2009. At the public hearing, the Commission voted to approve CUP-09-005. a. Summary of Commission Public Hearing: i. In favor ii. In opposition: None iii. Commenting: Wayne Thowless iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Kev Issues of Discussion by Commission: i. None c. Kev Commission Changes to Staff Recommendation: i. None 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP-09-005, as presented in the staff report for the hearing date of July 23, 2009 with the following modifications: (Add any proposed modifications.) Ifurther move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission meeting on August 6, 2009. Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-09-005, as presented during the hearing on July 23, 2009, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). Continuance I move to continue File Number CUP-09-005 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Willowcreek Elementary CUP-09-005, DES-09-009 & ALT-09-012 PAGE 1 4. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 2500 W. Tango Creek Drive, in Section 26, Township 4 North, Range 1 West. B. Owner/Applicant: Joint School District No. 2 1303 E. Central Drive Meridian, Idaho 83642 C. Representative: LKV Architects 2400 E. Riverwalk Drive Boise, Idaho 83706 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. 5. PROCESS FACTS A. The subject application is for a conditional use permit. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 4 and 18, 2009; July 6 and 20, 2009 C. Radius notices mailed to properties within 300 feet on: Apri130, 2009 and July 2, 2009 D. Applicant posted notice on site by: May 7, 2009 6. LAND USE A. Existing Land Use(s): The subject site is currently vacant land; zoned R-4. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject site is primarily surrounded by residential subdivisions and a mix of commercial development adjacent to Chinden Boulevard. 1. North: Chinden Boulevard (SH 20/26) 2. East: Commercial Buildings and Single Family Residential, zoned L-O and R-4 3. South: Single Family Residential, zoned R-4 4. West: Single Family Residential, zoned R-4 C. History of Previous Actions: The subject lot is a legal parcel created with the Silverleaf Subdivision. The site is subject to the previous approvals and conditions that govern this site. The approvals include AZ-04-024, PP-04-031, CUP-04-033, FP-OS-025 and DA instrument # 105010990. D. Utilities: 1. Public Works: a. Location of sewer: This site is currently served from W Tango Creek Dr. b. Location of water: This site is currently served from W Tango Creek Dr. c. Issues or concerns: None E. Physical Features: 1. CanalslDitches Irrigation: Simpson Lateral parallels the southern property boundary and is currently Willowcreek Elementary CUP-09-005, DES-09-009 & ALT-09-012 PAGE 2 tiled per City ordinance. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA 4. Topography: NA 7. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Public/Quasi-Public" on the Comprehensive Plan Future Land Use Map. Public/Quasi-Public areas are defined in the Comprehensive Plan as follows, "Areas are designated to preserve and protect existing private, municipal, state, and federal lands for area residents and visitors. This category includes churches and public lands (excluding parks and schools) within the Area of Impact. Upon redevelopment of such properties, a change in designation and use may be appropriate. The redevelopment of these areas should be guided by the intensity of the existing use, the underlying zoning of the property, the surrounding land uses, the location of the property, and transportation issues associated with the proposed development of the property. The appropriate land use designation and accompanying zoning for these areas will be determined by City Council on a case by case basis." Areas are designated throughout the Area of Impact which provides educational opportunities, community gathering places and green space. Chapter 6 of the Comprehensive plan describes elementary schools being sited on acreages of 10-12 acres. The subject site consists of 10 acres of land. Further, the future land use map identifies this site as a location for a future school site. Staff believes the proposed use is consistent with the Comprehensive Plan Future Land Use Map. Idaho Code 67-6508 states that "the plan shall consider previous and existing conditions, trends, desirable goals and objectives, or desirable future situations for each planning component." Staff has reviewed the subject PP application and offers the analysis and recommendations contained herein for the Commission and Council's consideration. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the subject property in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian City Fire Department. - The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD) and ITD. This service will not change. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VI, Goal I, Objective B, Action 2 -Require elementary schools to be sited in locations that are safe for the children, easily accessible by the public and provide a visual and "user-friendly Willowcreek Elementary CUP-09-005, DES-09-009 & ALT-09-012 PAGE 3 benefit to the neighborhood. Elementary schools should not be "hidden" within subdivisions or otherwise made inaccessible to the public. The City encourages all schools to have public street frontage. The subject school site was planned in conjunction with the Silverleaf Subdivision. The proposed school is located on the fringe of several residential subdivisions and provides great visibility and accessibility for the public. The site fronts on a predominant corner and parallels N. Long Lake Way which provides signalized access to Chinden Boulevard (SH2O/26). • Chapter VII, Goal IV, Objective C, Action 2 -require screening and landscape buffers on all development requests that are more intense than adjacent residential properties. Although the school site is zoned R-4, the proposed use on the site is more intense than the adjacent residential properties. The applicant is proposing to construct a 20 foot wide landscape buffer planted with trees and lawn and the future building is setback from the property line 45 feet. In addition the proposed building is to be constructed as a single story building which staff believes fits in with the context of the single family homes in the area. Therefore staff finds the proposed use compatible with existing residential and commercial uses in the area. • Chapter VII, Goal 1V, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. The site plan depicts one full access driveway to W. Tango Creek; designated a local street and one full access driveway that connects to W. Boulder Bar Drive and provides access to N. Long Lake; designated a collector street. These access points were approved with Silverleaf Subdivision. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: UDC 11-2A-21ists Public Education Institutions as a Conditional use in the R-4 zoning district subject to Specific Use Standards. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the R-4 zoning district. D. Landscaping 1. UDC 11-3B-8C regulates the parking lot standards of the development code (see section 9 below for further analysis). E. Off-Street Parking: UDC 11-3C-6B requires 1 space for every 500 square feet of gross floor area; a 64,012 square foot building is proposed. Based on this amount, 128 parking stalls would be required; 135 are proposed, which complies with this requirement. 9. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. CUP Application: Conditional use permit approval is requested for 64,012 square foot Public Education Institution and associated 480 square foot storage building in an R-4 district. UDC 11- Willowcreek Elementary CUP-09-005, DES-09-009 & ALT-09-012 PAGE 4 2A-2 lists a Public Educational Institution as a Conditional Use in the R-4 zoning district subject to Specific Use Standards. Further Idaho State Statue 67-6519 requires all new public school facilities to be reviewed for the effects on increased vehicular, bicycle and pedestrian volumes on adjacent roadways and highways. The applicant has submitted a traffic study to ACHD for review and comments to ensure the surrounding roadways can accommodate the proposed school project. As a result of the traffic study, ACHD has recommended site specific conditions of approval. Staff has included the recommended conditions of approval in the staff report and recommends that the applicant comply with these conditions. Public Education Institution: Per UDC 11-4-3-14, Specific Use Standards apply to the proposed use of the property as follows: A. Accessory uses: Accessory uses including, but not limited to, daycare facilities, special events, community services, social services, meeting facilities for clubs and organizations, and school administration maybe allowed. B. Location criteria for elementary schools: Elementary schools should be located within the center of neighborhoods with access encouraged from local streets. The subject site takes access from two abutting streets W. Tango Creek and W.Boulder Bar Drive and is surrounded on three sides by residential subdivisions. Access from W. Boulder Bar Drive connects to N. Long Lake Way, designated a collector street, and is the primary access point to the bus loading/unloading area. W. Tango Creek, designated a local street, provides access to the parent drop off area and visitor and faculty parking. Elementary school locations adjacent to public parks or open space are encouraged. The southern boundary of the site is adjacent to a 2 acre pocket park from the abutting residential subdivision. At least thirty percent (30%) of the perimeter of an elementary school site should be open to streets or open space areas. The applicant has indicated a portion of the existing 6 foot wood fence adjacent to the eastern boundary is slated for removal to provide visibility into the school site; however this fencing is not located on the subject property. The applicant will have to coordinate removal of the fencing with the Lochsa Falls Homeowner's Association prior to commencing with fence removal. C. Location criteria for middle schools and high schools: Middle and high schools may take access off a designated arterial or collector street. Not-applicable as this site is proposed for an elementary school. D. An education institution with less than one hundred fifty (150) students or located within the TN- R district maybe exempt from the requirements for open space, landscaping, parking and drop off areas. NA E. A conditional use permit shall be required for any education institution in which any of the following circumstances exist: This section is not applicable because the R-4 zoning district requires CUP approval prior to establishing the use in lieu of the criteria listed below. 1. The education institution is in excess of two hundred fifty thousand (250,000) square feet within a residential district; 2. The education institution includes lighted fields adjoining or within a residential district; 3. The education institution will generate in excess of one thousand five hundred (1,500) vehicular trips per day; 4. The education institution takes access from a collector or an arterial street and there is not a safe, separate pedestrian and bikeway access between the neighborhood and the school site. Willowcreek Elementary CUP-09-005, DES-09-009 & ALT-09-012 PAGE 5 F. Portable classrooms that are not indicated on an approved conditional use or certificate of zoning compliance shall require administrative approval. If the proposed use cannot meet all of the following specific use standards, the use shall require conditional use approval: 1. The portable classroom shall not be located in the front yard of the principal school structure. Portable classrooms are depicted on the submitted site plan and are not proposed to be located in front of the elementary school. 2. The portable classroom shall not be located in any required yard. The future portable classrooms are not located within any required yard and comply with this requirement. 3. The placement of the portable classroom shall not reduce the number of required off street parking spaces. The placement of the portable classrooms does not interfere with the parking requirements on the site. 4. The portable structures shall comply with the building code in accord with title 10 of this code. The portable structures shall comply with the building code (title 10) prior to issuance of a building permit. G. Additional standards for education institution, private: The applicant shall provide written documentation that the facility meets the minimum site area guidelines as established by the Idaho state department of education. Not-applicable as this is a public facility. H. Additional standards for vocational or trade schools: The applicant shall provide written documentation that the school will have a major curriculum relating to technological industrial research and processes. This site is to house an elementary school not a vocational or trade school; therefore this requirement is not-applicable. (Ord. OS-1170, 8-30-2005, eff. 9-15-2005) Access: Access to this site is provided from two abutting streets; W. Tango Creek and W. Boulder Creek Drive which provides access to N. Long Lake Way. Both access points were approved with Silverleaf Subdivision No. 3. Site Design: The site plan submitted with this application (LKV Architects, labeled as Sheet S- 1.1, dated 4/14/09) depicts one 64,012 square foot building pad, two future portable classroom locations, a 480 square foot storage building and the required site improvements. NOTE: The portable classrooms will require future CZC and design review approval. Staff has reviewed the site design for conformance with UDC and the Meridian Design Manual. Staff fmds the site plan is consistent with the aforementioned documents. However, Staff is recommending additional changes to the site plan as follows: 1) There is a cluster of 15 parking stalls located between the storage building and the W. Tango Creek 30-foot street buffer that are paralleled by a 5-foot sidewalk into the site. The applicant shall provide wheel stops for said parking stalls or increase the sidewalk from 5-feet in width to 7 feet in width and dimension the stalls to measure 9' X 17" in accordance with UDC 11-3C-SB.3 and UDC 11-3C-SB.4. 2) The bus loading area depicted on the site plan shall be striped and signed for one-way traffic. 3) It is important to note along the east side of the school site exist a 50-foot landscape buffer platted with Lochsa Falls Subdivision No. 12. This buffer does not contain a sidewalk and includes a 6-foot wood fence which the applicant is proposing to remove. To meet the intent of the code the applicant has provided an additional 10 feet of landscaping and included an 8-foot sidewalk that parallels the 50-foot landscape buffer to address pedestrian traffic adjacent to N. Long Lake Way. Staff believes the applicant has done a nice job providing pedestrian access to this site. However, the applicant will have to coordinate removal of the fencing with the Lochsa Falls Homeowner's Association prior to commencing with fence removal. If permission is granted, staff is supportive of the applicant removing the fence. Willowcreek Elementary CUP-09-005, DES-09-009 & ALT-09-012 PAGE 6 Landscaping: The applicant has submitted a landscape plan dated 4/14/2009 by Breckon Land Design Inc., labeled as Sheet L.1.1. Staff has reviewed the internal parking lot landscaping depicted on the landscape plan and finds it generally complies with the landscaping requirements in UDC 11- 38-8. However, Staff is recommending additional changes to the landscape plan as follows: 1) Replace the four Green Vase Zelkova trees located in the planter islands (south of the service area) with a class 2 deciduous tree species in accordance with UDC 11-3B-8.2.d. 2) Identify the 4 trees located in the planter islands located on the east side of the faculty parking area. 3) The 6-foot chain link fence proposed for the site shall be powdered coated dark brown. The proposed fencing shall terminate at the same location as the vinyl fencing that parallels the school site on the western boundary to maintain consistency between the two fences. A fence detail shall be incorporated on the landscape plans submitted with the CZC application. 4) The existing landscaping (35-foot landscape buffer adjacent to Chinden Boulevard and the 50- foot landscape buffer adjacent to N. Long Lake Way) shall remain protected during construction on this site. Any damage to the existing landscaping shall be replaced to its original condition. Building Elevations: The Applicant has submitted building elevations (dated 4/14/09) with this application that are included in Exhibit A. Building materials depicted on the elevations include two different color brick veneers ,split face CMU banding and accents with architectural composition shingles. Decorative steel trusses are also incorporate into the roof design of the building. The doors, windows, fascias, downspouts and soffits are cased metal, painted in three variations of tan. Further the proposed storage building is proposed to be constructed of the same materials. Staff is supportive of the proposed elevations as they comply with the design standards listed in UDC 11- 3A-19 and the Meridian Design Manual. The future buildings constructed on this site shall substantially comply with these elevations. Alternative Compliance: As mentioned earlier the site is consistent with the Meridian Design Manual however; the applicant has requested alternative compliance to locate all of the required parking between the building facade and the abutting streets. Per UDC 11-3A-19.3, no more than 50 percent of the total off-street parking area for the site shall be located between building facades and abutting streets. As mitigation, the applicant has provided a 30-foot streetscape buffer in lieu of the 10-foot landscape required by code. In addition, a 50-foot streetscape buffer exists along the eastern boundary of the site but is not part of the subject parcel. However, the applicant has provided an additional 10 feet of landscaping planted with trees to help screen the parking areas. In addition, internal planter islands exceeding the minimum code requirements have been incorporated in the overall design to help delineate and break up the parking area. Per UDC 11-SB-SB.2f., requests for alternative compliance are allowed when a site design demonstrates consistency with the Meridian Design Manual. Staff believes the site design is consistent with the Meridian Design Manual. For this reason; Staff is supportive of the request for Alternative Compliance as proposed. See attached Findings in Exhibit D for more information. Note.• Per UDC 11-SA-2, Alternative Compliance applications are approved at administrative level by the Planning Director. However, because ALT is requested concurrently with the CUP, Staff has included analysis on the ALT request in this staff report; the ALT application does not require Commission/Councilactfon. Design Review: The proposed development is subject to Administrative Design Review in accord with UDC 11-SB-8. Further, the building and site design are subject to the standards and guidelines in accord with UDC 11-3A-19 and the Meridian Design Manual. As mentioned above, staff has Willowcreek Elementary CUP-09-005, DES-09-009 & ALT-09-012 PAGE 7 reviewed the site design and elevations (elementary school and storage building) for compliance with these standards and guidelines. The future portable classroom buildings will be subject to CZC and design review approval. Therefore, the applicants administrative design review is approved and the elevations and site design attached in Exhibit A shall not be altered without written approval from the Planning Department. 10. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan (dated: 4/14/09) 3. Landscape Plan (dated: 4/14/09) 4. Building Elevations (4/14/09) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Settlers Irrigation District 9. Central District Health Department 10. Idaho Department of Transportation C. Required Findings from Unified Development Code Willowcreek Elementary CUP-09-005, DES-09-009 & ALT-09-012 PAGE 8 1. Vicinity/Zoning Map Exhibit A - 1 - .....~ .u~~- ~~~.w~ Exhibit A - 2 - 2. Site Plan (dated: 4/14/09) 3. Landscape Plan (dated: 4/14/09) oMW~WPWN ~~~: ~ -~ Z'oN gIMlO loapS WW1' ^°~.-+ r.° i ~i ~+QIfNIPW~S fly sfYbl flJ7LIptlr -...w wn r ouexual~vaanrnoul~u IOWJQNY/~-NNOYM-IIrNlYB~ ioiionaisrm~ -°- ao~aoN ~.~-_ ~~ ~~~~ ' ~~~ ~~~ ~ ~ ~~ ~ ~~ Q ~ ~ ~~~~~~~ ~~~~ w i ~ ~e~~~3~~8$ Q I I'I'•o c7 ~ A ~ 9 a ~ . s ~, pp~p p t~ ~gr ~x•yg ~: a C ~~~S kkngg x i ~ ~ '_ `1... ~ 8 # ~ s !~ ~ # ~ ~ s® $ ~ 9 ~ t ~ 9 ~~€ ~~ ~ ~ u: ff Q m ~ ~ ~~~ 9a ~~~ 3~~~ ¢ 6~ 9 ~ a ~ ~ ~ ~ ~~~~ ~ ~ ~ ~ ~~ f .. ~~~~~~~ FhFF7,F iii rCC¢Cl..¢¢f¢¢¢¢CC r ~~~i~ ~~i~1 pphi !~~ ,~ ~~ 7 f~f1~7}}i~ ~1d3i~37l1~9A ~~ {~ ~ i~~~~ asim:aa t~ tte ~ f i ~~~~~8 ~~ ~ ! ~~~~~~ifl~afalt~ a3Qeaaa:fsetcier: J Exhibit A - 3 - 4. Building Elevations (dated: 4/14/2009) ~....~. ..~. ww •rrn~ ~~r 4rr ~e.wr~ +~ r.ra.~ rnrr r~awr ~~ ~~i! Exhibit A - 4 - B. Conditions of Approval On April 30, 2009 a joint agency and departments meeting was held with service providers in this area. These agencies submitted comments on this application, which are included below. 1. Planning Department 1.1 All conditions of the annexation (AZ-04-024), preliminary plat (PP-04-031), conditional use permit (CUP-04-033), final Plat (FP-OS-025) and development agreement #105010990 associated with this site shall also be considered conditions of the subject Conditional Use Permit (CUP-09- 005). 1.2 The Applicant shall comply with the Specific Use Standards for Public Education Institutions in UDC 11-4-3-14. 1.3 The Site Plan, labeled Sheet 5-1.1, prepared by LKV Architects, dated 04/14/2009, included in Exhibit A, is approved, with the following changes: 1) The cluster 15 of parking stalls located between the storage building and the W. Tango Creek 30-foot street buffer paralleled shall have wheel stops or increase the sidewalk from 5- feet in width to 7 feet in width and dimension the stalls to measure 9' X 17" in accordance with UDC 11-3C-SB.3 and UDC 11-3C-SB.4. 2) The bus loading area depicted on the site plan shall be striped and signed for one-way traffic. 3) The applicant shall coordinate removal of the 6-foot wood fencing with the Lochsa Falls Homeowner's Association. 1.4 The Landscape Plan, labeled Sheet L.1, prepared by Breckon Land Design Inc., dated 04/14/2009, is approved, with the following changes: 1) Replace the four Green Vase Zelkova trees located in the planter islands (south of the service area) with a class 2 tree species in accordance with UDC 11-3B-8.2.d. 2) Identify the 4 trees located in the planter islands located on the east side of the faculty parking area. 3) The proposed 6-foot chain link fence proposed for the site shall be dark brown powdered coated. The proposed fencing shall terminate at the same location as the vinyl fencing that parallels the school site along the western property boundary to maintain consistency between the two fences. A fence detail shall be incorporated on the landscape plans submitted with the CZC application. 4) The existing landscaping (35-foot landscape buffer adjacent to Chinden Boulevard and the 50-foot landscape buffer adjacent to N. Long Lake Way) shall remain protected during construction on this site. Any damage to the existing landscaping shall be replaced to its original condition. 1.5 The request for Administrative Design Review (DES-09-009) and Alternative Compliance (ALT- 09-012) approvals for the site and proposed buildings are approved. The future portable classroom buildings shall be subject to CZC and design review approval. Any modifications to the site design, landscape design or building alternations shall not occur without written approval from the Planning Department. 1.6 The applicant shall submit a Certificate of Zoning Compliance application for the proposed elementary school with revised plans that comply with the conditions of approval listed herein, prior to issuance of building permits. Exhibit B - 1 - 1.7 All signs require a separate sign permit in compliance with the sign ordinance (UDC 11-3D). 1.8 The applicant shall comply with the outdoor lighting standards listed in UDC 11-3A-11. 1.9 The applicant shall comply with ACHD site specific and standard conditions of approval. 1.10 Staffs failure to cite specific ordinance provisions or terms of approval of the Silverleaf development does not relieve the applicant of responsibility for compliance. The applicant shall comply with all prior conditions of approval for this site. 1.11 Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above (UDC 11-SB-6F). If the approved use has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. Public Works Department 2.1 Water service to this site is being proposed via extension of main located in W Tango Creek Dr and W Boulder Bar Dr. The applicant will be responsible to install water mains to and through this development, coordinate main size and routing with the Public Works department. 2.2 Sanitary sewer service to this development is being proposed via extension of mains in W Tango Creek Dr. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas. 2.5 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.6 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells maybe used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.7 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District ,prior to applying for building permits. 2.8 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., 2.9 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.10 Applicant shall be required to pay Public Works development plan review, and construction Exhibit B - 2 - inspection fees, as determined during the plan review process, prior to construction plan approval. 2.11 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.15 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of building pads is at least 1-foot above. 3. Fire Department 3.1 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.2 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/i" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 ''/z" outlets. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D1.03.6 Signs. The proposed fire lane at the rear of the building that runs through the half court basketball area shall increase the base outside of the 20-foot fire lane (in the specified area) so the basketball hoops will not interfere with the height requirement of 13'6" and can accommodate an imposed weight of 75,000 lbs. 3.5 For all Fire Lanes provide signage "No Parking Fire Lane". 3.6 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.7 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure. Exhibit B - 3 - 3.10 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.11 This project will be required to provide a 20' wide swing or rolling emergency access gate. The gate shall be equipped with a Knoxbox Padlock which has to be ordered thru the Meridian Fire Department. 3.12 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 4. Police Department 4.1 The Police Department has no concerns related to the site design submitted with this application. 4.2 The Police Department supports the removal of the 6-foot wood fence that parallels the eastern property boundary 5. Parks Department 5.1 The Parks Department has no concerns with the site design submitted with the application. 6. Sanitary Service Company 6.1 Please contact Doug Mason at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with the certificate of zoning compliance application. 7. Ada County Highway District SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Comply with requirements of ITD and the City of Meridian for the Chinden Boulevard frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact the District III Traffic Engineer at 334-8340. 7.1.2 Install school speed zone flashers on Long Lake Way to clearly identify the school speed zone and the reduced speed limit during the appropriate hours. Coordinate the design and installation of the school speed zone flashers with District Traffic Services and Development Review staff. 7.1.3 Install NO PARKING signs along Long Lake Way, as proposed - on both sides of the street from Tango Creek Drive to the driveway on Long Lake Way. Coordinate the location of the signs with District Traffic Services and Development Review staff. 7.1.4 Upgrade the existing cross-walk at Long Lake Way and Boulder Bar Drive with striping and the installation of a 51-1 school signs. Coordinate with District Traffic Services and Development Review staff. Exhibit B - 4 - 7.1.5 Install NO PARKING signs along Tango Creek Drive, as proposed - on both sides of the street from Long Lake Way to the driveway on Tango Creek Drive. Coordinate the location of the signs with District Traffic Services and Development Review staff. 7.1.6 Install school speed zone flashers on Tango Creek Drive to clearly identify the school speed zone and the reduced speed limit during the appropriate hours. Coordinate the design and installation of the school speed zone flashers with District Traffic Services and Development Review staff. 7.1.7 Install signage to indicate that the driveway on Long Lake Way is for bus traffic only. Coordinate the location of the signs with District Traffic Services and Development Review staff. 7.1.8 Replace the existing standard crosswalk signs with 51-1 school signs on a114 approaches of the roundabout at the Cayuse/Long Lake/Goddard intersection. Coordinate the location of the signs with District Traffic Services and Development Review staff. 7.1.9 Install signage and crosswalks (striping) in locations identified within the traffic control plan. Coordinate the location of the signs, striping and crosswalks with District Traffic Services and Development Review staff. 7.1.10 Because the actual pedestrian routes and anticipated volumes are unknown at this time additional crossing and signage maybe needed to be installed after walk to school routes are established. The school district will be responsible for the design, funding, and installation of any additional crosswalks, pedestrian signals, ramps, striping, signs, etc... needed to facilitate a safe route to school. 7.1.11 If the school district does not install school speed zone flashers on Long Lake Way and Tango Creek Way prior to the opening of Willow Creek Elementary School, any future request for such improvements will not be funded by ACHD. The school district will be fully responsible for the design, hardware, and installation of the school speed zone flashers, either now or in the future. 7.1.12 Enter into a license agreement for any landscaping located within ACRD right-of--way abutting the site. 7.1.13 Either than access specifically approved with this application, direct lot access to Chinden Boulevard and Long Lake Way is prohibited. 7.1.14 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Policy. 7.2.6 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. 7.2.7 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 Exhibit B - 5 - applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 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. 7.2.9 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. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 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 (1-811-342-1585) 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. 7.2.12 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. 7.2.13 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. Settlers Irrigation District 8.1 Applicant shall apply for a land use change application be filed prior to any approvals. 8.2 All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the Simpson Lateral. Please contact Josh Janicek at 989-1411. 8.3 All storm drainage must be retained on site. 8.4 Any changes to the existing irrigation system such as relocation, water delivery, tiling and landscaping must be approved by Settlers Irrigation District. 8.5 A pressure irrigation system must be provided to service all lots within the above-mentioned subdivision from the current delivery point. 9. Central District Health Department 9.1 Central District Health will require plans be submitted for a plan review for any: food establishment. Please contact Frank Isenberg at 327-8529 to set up the food establishment plan review and licensing requirements. Exhibit B - 6 - 10. Idaho Transportation Department tOAMp IDAHO TRANSPORTATION DEPARTMENT * * P.O. Box 8028 (208) 3348300 Boise, ID 83707-2028 ftd.idaho.gov ATION O~Qp - q ~ ~ May 5, 2009 ' '~ City of'Meridian t. . J •'~~ Planning Department ~ °;~, r,~; , `: 660 E. Waiertower Lane Suite 202 ",• f~~° ~ ~ I~~i//r3„ ~ Meridian, Idaho 83642 rtn;.a.,; FAX 888-6854 Re: Location: NWC Chinden Blvd, & N Long Lake Way Route: US 20 MP 36.75 Name: ,Joint School District No.. 2 Case No.. Cup 09-005 Hearing Date: May 14, 2009 Dear Zoning Adnvnistrator, Thank you for the opportunity to comment on this notice.. Please note that we ar+e trying to preserve this US 20 corridor.. Direct access to US 20 (Chinden Blvd) will not be allowed., With access to N. Long Lake Way and Tango Creek Drive this is not an issue. The proximity ofthe school to a high speed roadway is cause for concern.. In accordance with the Local Land Use Planning Act, the ITD is reporting to the commission on the following issues: 1. The land use master plan: No Comment 2. School bus plan: All residents north of US 20/26 should be provided bus service to eliminate student crossing of Chinden. 3. Access safety: No access to US 20/26 is proposed, 4.. Pedestrian plan: Pedestrians should be highly discouraged from crossing US 20/26 to access the school (see #2) 5. Crossing guard plan: No crossing guards should be located on US 20/26 (see #2) 6. Barriers between highways and school: There is an existing landscape buffer with a berm and fence between the school site and the existing highway 7. Location of'school zone: According to the TIS, dated Apri12009, school zones are not proposed on US 20/26.. Exhibit B - 7 - 8 Need for flashing beacon: According to the I'IS, dated Apri12009, flashing beacons are not proposed on US 20/26. 9. Need for traffic control signal: A signalized intersection currently exists at Long Lake and US 20/26. 10. Anticipated future improvements: A corridor study is currently underway for the US 20/26 corridor. Future widening to a 4 or 6-lane facility will be necessary with anticipated growth in the area. 11.. Speed on adjacent highways: It is a goal of the US 20/26 corridor study to maintain US 20/26 as a high speed facility. It is anticipated the speed limit will remain posted at 55 mph.. 12. Traffic volumes on adjacent highways: 2007 ADT is 15,000 vpd 13. Effect upon the highway's level of'service: Additional trips from the school during the AM peak hour has the potential to contribute to the lowering of the level of'service on US 20/26.. 14. Need for acceleration or deceleration lanes: An eastbound right turn lane and westbound left rum lane currently exist at the Long Lake/ US 20/26 intersection. 15 Internal traffic circulation: No comment We are requesting a 100 foot setback to accommodate future widening. If' you have any questions please call me at 334-8377.. Sinncere~ly, 1 Pam Golden P.E. Development & Access Management Engineer Exhibit B - 8 - C. Required Findings from Unified Development Code 1. Conditional Use Permit Findings: The decision making body shall base its determination on the Conditional Use Permit request upon the following: A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The proposed elementary school on this site can accommodate and meet all dimensional and development regulations of this district (as amended). The Commission fmds that the subject property is large enough to accommodate the required parking, landscaping and other features required by the ordinance. The Commission should rely on Staff's analysis, and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the Comprehensive Plan designation for this property is "Public/Quasi-Public." The proposed use is generally harmonious with the Comprehensive Plan and the UDC (see Section 7, 8 and 9 above for more information regarding the requirements for this use). 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. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the operation of the proposed elementary school should be compatible with adjacent residential uses and intended character of the area. The Commission should rely upon any public testimony provided to determine if the development will be compatible with other uses in the 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. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that the site will be adequately served by the previously mentioned public facilities and services. Exhibit C - 1 - F. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the Applicant will be fmancing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 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 the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. The Commission does not believe that the amount of traffic generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the public as there are no nearby residents. The Commission does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. H. 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. The Commission finds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Commission's attention. The Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. 2. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR Staff finds that the subject property has shape restraints that impacted the site design of this property particularly how it relates to facility layout and vehicle circulation requirements. This does, in fact, preclude full compliance with the City's structure and site design standards. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and Staff finds the alternative compliance does provide a superior means for meeting the City's landscape standards. As mitigation, the applicant has provided a 30-foot streetscape buffer in lieu of the 10-foot landscape required by code. In addition, a 50-foot streetscape buffer exists along the eastern boundary of the site but is not part of the subj ect parcel. However, the applicant has provided an additional 10 feet of landscaping planted with trees to help screen the parking areas. In addition, internal planter islands exceeding the minimum code requirements have been incorporated in the overall design to help delineate and break up the parking area. Therefore staff finds the applicant's proposal meets the intent of the landscape ordinance. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. Staff fmds that the proposed alternative will not be detrimental to the public welfare or impair the use /character of the surrounding properties. Exhibit C - 2 - Au st 2009 RZ 08-005 MER IAN CANNING & ZONING MEETING AUgUSt 6, 2009 APPL Kastera Development, LLC ITEM NO. 4 REQUEST Continued Public Hearing from June 4, 2009 -- Request for Rezone of 26.58 acres from an R-4 to an R-8 zone for Cavanaugh Ridge -- east of South Meridian Road and south of East Victory Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: COMMENTS See previous Item Packet /Minutes See attached Request for Continuance C~~'~ q13~~~~, ~ ~9~ ~G~ X Date: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Phone: August 3, 2009 PP 08-010 MERIDIAN PLANNING 8~ ZONING MEETING August 6, 2009 APPLICANT Kastera Development, LLC ITEM NO. S REQUEST Continued Public Hearing from June 4, 2009 -- Request for Preliminary Plat approval for 255 residential building lots and 26 common area lots on 91.08 acres in an R-4 8~ proposed R-8 zone for Cavanaugh Ridge -- e/o S. Meridian 8~ s/o E. Victory AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: See RZ Packet ~i~~°~ ~~ ~~ ~~~ ~~~ ~a Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Au ust , 2009 ME DIA PLANNING 8~ ZONING MEETING ZOA 09-002 August 6, 2009 APP T City of Meridian Planning Department ITEM NO. 6 REQUEST Public Hearing -Amend the.standards for temporary signs listed in UDC 11-3D-6A.6 to allow an increase in the amount of time a temporary sign may be displayed from 90 days to a maximum of 180 days for UDC Text Amendment -Temporary Signs AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: COMMENTS See Attached Staff Report No Comment No Comment No Comment ~G~°' ~~- ~~ G .~~ ~ ~,~ v ~~~~ Materials presented at public meetings shall become property of the City of Meridian.