HomeMy WebLinkAboutRiverbirch Courtyard Condos PFP,E~'EIVED
APR 2 9 2004
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RECOMMENDATION TO CITY COUNCIL
Project Name: ]tiverbirch Courtyard Condominiums
Case No(s).: FP-04-003 CUP-04-007
Applicant: N.M. Enterprises, LLC.
P&Z Commission Hearing Date: April 1, 2004
Recommendation: Approve with conditions.
Summary of Public Hearing:
• .The applicant's representative, Mark Guho, testified in favor of the application.
• No members of the public testified about the proposed development.
• Key issues of discussion and questioning by the Commission included:
• Cross access
• Condominium layout
Key Commission Additions/1VIodifications to Staff Recommendation:
• The Commission made no modifications to the staff recommendation.
Outstanding Issues for City Council:
• None
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE ) Case No. PFP-04-003
REQUEST FOR PRELIMINARY )
AND FINAL PLAT APPROVAL FOR ) RECOMMENDATION TO CITY
TWO-HUNDRED-EIGHTY-NINE ) COUNCIL
(289) CONDOMINIUM UNITS ON )
1.24 ACRES IN A L-O ZONE FOR )
RIVERBIRCH COURTYARD
CONDOMINIUMS
N.M. ENTERPRISES, LLC,
Applicant
The subject property is approximately 1.24 acres in size and is located near the
southeast comer of Overland Road and Celebration Avenue, approximately %:
mile west of Eagle Road, in Section 20, Township 3 North, Range 1 East.
2. N.M. Enterprises, LLC, is the current property owner, and Mark Guho,
registered agent, has provided notarized consent for the subject application.
The Applicant is N.M. Enterprises, LLC.
4. The subject property is currently zoned L-O. The zoning of L-O is defined within
the City of Meridian Zoning and Development Ordinance Section 11-7-2.
The subject property is within the city limits of the City of Meridian.
6. The entire parcel is included within the Meridian Urban Service Planning Area as
defined in the Meridian Comprehensive Plan.
7. The Applicant proposes to develop the subject property in the following manner:
A 289 unit, multi-tenant condominium building for medicaUdental offices.
8. There are no significant or scenic features of major importance that affect the
consideration of this application.
RECOMMENDATION TO CITY COUNCIL FOR PRELIMINARY AND FINAL PLAT APPRO VAL OF
289 CONDOMINIUM UNITS ON 1.24 ACRES IN A L-O ZONE FOR RIVERBIItCH COURTYARD
CONDOMINIUMS, BY N.M. ENTERPRISES, LLC -PFP-04-003 -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 Preliminary acid Final
Plat as requested by the Applicant for the property described in the application, subject to
the following:
A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning
and Engineeririg Departments as follows:
1. Applicant shall meet all of the requirements of the concurrent application (CUP-
04-007) as a condition of the subject Preliminary/Final Plat (PFP-04-003).
2. Provide documentation to the Planning & Zoning Department, that the property
owner to the west (Lot 1, Block 1, Gala Pazk Subdivision) has granted access for
this site to utilize that property for access to Celebration Avenue. Provide a note
on the plat granting cross-access to the lot to the west (Lot 1, Block 1; Gala Park
Subdivision), to utilize this lot for access to Gala Street. Provide a note on the plat
granting cross-access to all of the proposed units to utilize the drive aisles and
parking areas. Maintenance of all drive aisles and parking areas shall be provided
for with a note on the plat, AND/OR a recorded document such as CCR's. The
applicant shall provide the required documents prior to the City Engineer's
signature of the final plat.
3. All drive aisles shall be constructed a minimum of 25-feet wide, with gravel and
asphaltic concrete paving as outlined in Meridian City Code 12-4-14. All parking
shall be constructed in accordance with Meridian City Code 11-13-1.
4. The submitted landscape plan, prepared by ZGA Architects and Planners, and
dated 11-14-03 is approved as submitted, with the following changes:
• Provide a 10-foot wide landscape buffer along Gala Street. Said landscape
buffer shall be delineated on the face of the final plat. Landscaping along Gala
Street shall be in accordance with MCC 12-13-10.
• A tree approved for planting within street buffers shall be installed along Gala
Street where the conifer (Vanderwolf pine) is shown.
• All woody shrubs shall be from a minimum two-gallon pot.
• Plant low-lying shrubs, not trees, within the proposed 20-foot wide landscape
buffer/building setback along the east property line.
• Any tree over 4" in caliper that is removed from the property shall be replaced
by installing additional trees, being the equivalent number of caliper inches of
RECOMMENDATION TO CITY COUNCIL FOR PRELIMINARY AND FINAL PLAT APPRO VAL OF
289 CONDOMINIUM UNITS ON 1.24 ACRES IN A L-O 7ANE FOR RIVERBIRCH COURTYARD
CONDOMINnJMS, BY N.M. ENTERPRISES, LLC -PFP-04-003 -Page 2
trees that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that are removed (MCC 12-13-13-3).
A revised landscape plan, shall be submitted for review and approval with the
submittal of the Certificate of Zoning Compliance (CZC) application. The plan
must include sizes and species of trees, shrubs, berming/swale details, and all
proposed ground cover/treatment.
5. Maintenance of all common areas, including but not limited to: drive aisles,
parking areas, landscaping, etc., shall be the responsibility of the Riverbirch
Courtyard Condominium Association. Maintenance, repair and replacement of the
common elements and payments therefor, including the method of approving
payment vouchers shall be included in the condominium by-laws/CCR's. Said by-
laws/CCR's shall include all of the elements required by Idaho Code and shall be
recorded prior to, or concurrent with, the plat declaration.
6. An underground, pressurized irrigation system shall be installed to all landscape
areas per the approved specifications and in accordance with MCC 12-13-8 and
MCC 9-1-2.
7. All irrigation ditches, laterals or canals, exclusive of natural 'waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per MCC 12-4-13. Plans will need to be approved by the
appropriate irrigation/dralnage district, or lateral users association (ditch owners),
with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can not be obtained, plans will be reviewed
and approved by the City Engineer prior to final plat signature.
8. A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all
off-street parking areas. Storm water treatment and disposal must be designed in
accordance with Department of Environmental Quality 1997 publication Catalog
of Storm Water Best Management Practices for Idaho Cities and Counties and
City of Meridian standards and policies. Off-site disposal into surface water is
prohibited unless the jurisdiction which has authority over the receiving stream
provides written authorization prior to development plan approval. The applicant
is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding Shallow Injection Wells.
9. Add/Amend the following notes to read:
Add a note stating that building setbacks shall be in accordance with Title 11
and Title 12 of Meridian City Code unless otherwise modified by Conditional
Use Permit approval.
Add a note that reads: Direct lot access to Overland Road is prohibited unless
approved by ACRD and the City of Meridian.
RECOMMENDATION TO CITY COUNCIL FOR PRELIMINARY AND FINAL PLAT APPROVAL OF
289 CONDOMINIUM UNITS ON 1.24 ACRES IN A L-O 7ANE FOR RIVERBIRCH COURTYARD
CONDOMINIUMS, BY N.M. ENTERPRISES, LLC - PFP-04-003 -Page 3
10. All sidewalks shall be constructed as submitted and in accordance with MCC 12-
5-2.x. Prior to signature of the final plat by the City Engineer, all sidewallcs shall
be constructed or a surety shall be provided in accordance with MCC 12-5.3.
11. A fmal plat shall be filed with the County Recorder within one year after written
approval by the Council (MCC 12-3-8). The Applicant shall have one year from
the approval date of the final plat, to begin construction of the public utilites and
one year thereafter to complete construction of those public facilities (MCC 12-2-
4).
STANDARD PLAT CONDITIONS:
1. Prior to signature of the final plat(s) by the City Engineer, a letter of credit or cash
surety in the amount of 110% will be required for all fencing, landscaping,
pressurized irrigation, sanitary sewer, water, etc. that has not been completed.
2. Streetlights may be required at locations designated by the Public Works
Department. All streetlights shall be installed at the expense of the applicant.
Typical locations are at street intersections and/or fire hydrants. Final design
locations and quantity are determined after power designs are completed by Idaho
Power Company. The street light contractor shall obtain design and permit from
the Public Works Department prior commencing installations.
3. Please submit groundwater/soils monitoring data, as collected and analyzed by a
soils scientist, to the Public Works Department for review. Any drainage areas
(detention/retention basins) must be designed to ensure that water will percolate
or discharge with a period of time not to exceed 24-hours for all storms up to and
including a 100-year storm events. Side slopes within drainage areas shall not
exceed 3:1. Any portion of a drainage area not improved with sod grass seed (or
other approved landscaping) shall not count towards the required open space area.
The project engineer should pay close attention to the results of field studies
determining the groundwater, soil type & and characteristics during the design
and construction phases.
4. Coordinate mailbox locations with the Meridian Post Office:
5. Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service per City Ordinance Section 9-1-4 and
9-4-8. Wells may be used for non-domestic purposes such as landscape imgation.
6. Compaction test results must be submitted to the Meridian Building Department
for all building pads receiving engineered backfill, where footing would sit atop
fill material.
RECOMMENDATION TO CITY COUNCIL FOR PRELIMINARY AND FINAL PLAT APPROVAL OF
289 CONDOMINIUM UNITS ON 1.24 ACRES IN A L-O ZONE FOR RIVERBIRCH COURTYARD
CONDOMINIUMS, BY N.M. ENTERPRISES, LLC - PFP-04-003 -Page 4
7. Staff s failure to cite specific ordinance provisions or terms of the approved
annexatioh/conditional use does not relieve the Applicant of responsibility for
compliance.
B. Adopt the Recommendations of ACHD as follows:
Site Specific Conditions of Approval
1. Locate driveways on Gala Street a minimum of 50-feet from any public street
intersection (measured near edge to near edge). The applicant shall be required to
pave the driveways on Gala Street their full width (maximum 36-feet) and at least
30-feet into the site beyond the edge of pavement of the roadway.
2. Direct lot or pazcel access to Overland Road is prohibited. Lot access restrictions
as required with this application shall be stated on the final plat.
3. The applicant shall be required to repair any existing damaged sidewalk; curb and
gutter construction or replacement; replacement of unused driveways with
standazd curb, gutter and sidewalk; installation of pedestrian ramps; pavement
repairs; signs; traffic control devises; and other similar items in order to correct
deficiencies or replace deteriorated facilities. The applicant shall be required to
work with the Development staff to correct any deficiencies abutting the site.
4. Comply with all Standard Conditions of Approval..
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any, that maybe
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 aze not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
RECOMMENDATION TO CITY COUNCIL FOR PRELIMINARY AND FINAL PLAT APPROVAL OF
289 CONDOMINIUM UNITS ON 1.24 ACRES IN A L-O ZONE FOR RIVERBIRCH COURTYARD
CONDOMINIUMS, BY N.M. ENTERPRISES, LLC - PFP-04-003 -Page 5
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.
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 utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.-
C. Adopt the Meridian Fire Department Recommendations as follows`.
A fire hydrant will be required to serve this development. Final Approval of the
fire hydrant location shall be by the Meridian Fire Departmeht.
a. Fire Hydrants shall have the 4 %" outlet face the main street or pazking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant mazkers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of
the hydrant location.
e. Fire Hydrants shall be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
RECOMMENDATION TO CITY COUNCIL FOR PRELIMINARY AND FINAL PLAT APPROVAL OF
289 CONDOMINIUM UNITS ON 1.24 ACRES IN A L-O ZONE FOR RIVERBIRCH COURTYARD
CONDOMINIUMS, BY N.M. ENTERPRISES, LLC - PFP-04-003 -Page 6
2. All entrance and intemal roads shall have a taming radius of 28' inside and 48'
outside.
3. Provide a 20' wide Fire Lane for all intemal & external roadways.
4. Fire lanes and streets shall have a vertical clearance of 13'6". This includes
mature landscaping.
5. Commercial and office occupancies will require afire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed an average of 300' apart.
6. The proposed office will have an unlmown transient population and will have an
unlmown impact on Meridian Fire Department call volumes. The Meridian Fire
Department has experienced 2397 responses in the year 2003. According to a report
completed by Fire & Emergency Services Consulting Group our requests for service
are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
7. The proposed project lies outside the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is intended to
enhance the probability of a favorable outcome on a request for Basic Life
Support. The budget constraints are typically defined as capital outlay for
facilities that are located within 1.5 miles from a given location and sufficient
operational funds to staff the facilities.
8. All processes & storage practices shall be required to comply with the International
Fire Code.
D. 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.
4. Stoimwater shall be pretreated through a grassy Swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
RECOMMENDATION TO CITY COUNCII. FOR PRELIMINARY AND FINAL PLAT APPROVAL OF
289 CONDOMINIUM UNITS ON 1.24 ACRES IN A L-O ZONE FOR RIVERBIRCH COURTYARD
CONDOMINIUMS, BY N.M. ENTERPRISES, LLC - PFP-04-003 -Page 7
stormwater management system that prevents groundwater and surface water
degradation.
E. Adopt the Recommendations of the Meridian Parks Department as follows:
1. The Parks Department has no concerns with the site design as submitted with the
application.
F. Adopt the Recommendations of the Sanitary Services Company (SSC) as follows:
1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal and submitted stamped (approved) plans with your Certificate of Zoning
Compliance (CZC) application(s). It is anticipated that a 3-yard dumpster, with
pick-up on multiple days will be needed.
G. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows:
1. All municipal surface drainage must be retained on site. If any surface drainage
leaves the site, the Nampa & Meridian hrigation District requires a land use
change application be filed for review prior to final platting.
2. All laterals and waste ways must be protected.
3. The Developer must comply with Idaho Code 31-3805.
4. NMID recommends that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
5. If the developer wishes to have Nampa & Meridian Irrigation District own,
operate and maintain the pressure urban irrigation system, the district must first
review and approve the plans based on the District's specifications. Apressure
Urban Irrigation System Contract must be entered into, with the District, prior to
our operating the system.
H. Adopt the Recommendations of the Meridian Police Department as follows:
The proposed HVAC area does not offer natural surveillance opportunities. hi
order to increase visibility, a motion light shall be installed along the west side of
the building, above the HVAC unit.
RECOMMENDATION TO CTI'I' COUNCIL FOR PRELIMINARY AND FINAL PLAT APPROVAL OF
289 CONDOMINIUM UNITS ON 1.24 ACRES IN A L-O ZONE FOR RIVERBIRCH COURTYARD
CONDOMINIUMS, BY N.M. ENTERPRISES, LLC - PFP-04-003 ,Page 8