HomeMy WebLinkAboutRiverbirch Courtyard Condos CUP
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PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
Project Name: Riverbirch Courtyazd Condominiums
Case No(s).: PFP-04-00 CUP-04-
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/Moditications 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 )
REQUEST FOR CONDITIONAL )
USE PERMIT APPROVAL FORA )
12,010 SQUARE-FOOT )
MEDICAL/DENTAL OFFICE )
BUILDING ON 1.24 ACRES IN A )
L-O ZONE
Case No. CUP-04-007
RECOMMENDATION TO CITY
COUNCIL
N.M. ENTERPRISES, LLC,
Applicant
1. The subject property is approximately 1.24 acres in size and is located near the
southeast corner of Overland Road and Celebration Avenue, approximately %z
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, a
registered agent, has provided notarized consent for the subject application.
3. 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 Applicant requests Conditional Use Permit approval to construct a 12,010
square-foot medicaUdental office building. As part of the previous approval on
this site (Resolution Plaza, CUP-00-017), this site must obtain a new Conditional
Use Permit for any proposed use(s).
6. The Meridian Planning and Zoning Commission recognizes that the proposed
application is in compliance with the Meridian Comprehensive Plan.
7. The use proposed which is the subject of this will, in fact, constitute a conditional
use as determined by City policy.
RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A
12,010 SQUARE-FOOT MEDICAL/DENTAL OFFICE BUILDING ON 1.24 ACRES IN A L-O ZONE,
BY N.M. ENTERPRISES, LLC -CUP-04-007 -Page 1
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City
Council of the City of Meridian that they approve the requested Conditional Use Permit
as requested by the Applicant for the property described in the application, subject to the
following:
A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning
and Engineering Departments as follows:
1. All conditions of the concunent Preliminary/Final Plat application (PFP-04-003)
shall also be considered conditions of the subject Conditional Use Permit (CUP-
04-003).
2. The minimum building setbacks for this development shall be according to the
City minimums for the L-O zone. Construction materials used on the structure
shall be approved by City of Meridian Building Department and in accordance
with the most recent Uniform Building Code.
3. Coordinate the location and design of trash dumpsters with Sanitary Services
Company (SSC) staff. Trash enclosures must be built in the locafioli and to the
size approved by SSC. Prior to Certificate of Zoning Compliance (CZC)
submittal, the applicant shall submit an approved plan by SSC, for the proposed
trash enclosure location and design. All dumpster(s) must be screened in
accordance with MCC 11-12-1.C.
4. Install a motion light on the west side of the building, above the proposed HVAC
unit.
5. No signs are approved with this CZC. All signs will require a separate sign permit
in compliance with the sign ordinance (MCC 11-14).
6. Standard parking stalls shall be 9-feet wide by 19-feet long. Designated compact
stalls maybe constructed to a width of 7% feet-wide (minimum) by 15-feet long.
All parking and areas of circulation should be paved, striped, and meet the
minimum dimensional requirements of Meridian City Code. All landscape areas
adjacent to driveways, parking lots, or other vehicle use areas, must be protected
by curbing, wheel stops, or other approved protective devices. Curbing maybe
cut to allow for storm water runoff.'
GENERAL CONDITIONS
RECOMMENDATION TO CITY COUNCII. FOR CONDITIONAL USE PERMIT APPROVAL FOR A
12,010 SQUARE-FOOT MEDICAL/DENTAL OFFICE BUILDING ON 1.24 ACRES IN A L-O ZONE,
BY N.M. ENTERPRISES, LLC -CUP-04-007 -Page 2
Down-shield or otherwise alter all exterior lighting, whether attached to the
building or located within ,the parking azea, so that the light does not spill over
onto adjacent properties or rights-of--way. All parking lot lighting shall be in
accordance with Ordinance 11-14-4.C.
2. All signage shall be in accordance with the standards set forth in Section 11-14 of
the City Zoning and Development Ordinance. All signage is subject, to design
review and shall require sepazate permits. Temporary or portable signs shall be
prohibited, and will be removed upon three (3) days notice to the applicant.
3. All building and site improvement construction shall conform to the requirements
of the Americans with Disabilities Act.
4. Submit a drainage plan designed by a State of Idaho licensed architect or engineer
to the City Engineer (Ord. 557, 10-1-91) for all off-street pazking azeas.
Stormwater treatment and disposal must be designed in accordance with
Department of Environrnental Quality, 1997 publication Catalog of Storm Water
Best Management Practices for Idaho Cities and Counties and City of Meridian
standazds and policies: Off-site disposal into a 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.
5. No building or other structure shall be erected, moved, added to or structurally
altered, nor shall any building structure or land be established or change in use on
this site without first obtaining a Certificate of Zoning Compliance (CZC) from
the Meridian Planning and Zoning Department (MCC 11-19-1).
6. A building permit shall be obtained prior to the start of construction.
7. All required improvements must be complete prior to obtaining a Certificate of
Occupancy for the proposed development. A temporary Certificate of Occupancy
maybe obtained by providing surety to the City in the form of a letter of credit or
cash in the amount of 110% of the cost of the required improvements (including
paving, striping, landscaping, and irrigation). A bid must accompany any request
for temporary occupancy. Any temporary occupancy will not exceed 60 days to
complete the required improvements.
8. This Conditional Use Permit shall be valid for a maximum period of 18 months. If
construction has not begun within this timeframe, a new Conditional Use Permit
must be obtained prior to the start of development.
9. As part of a Conditional Use Permit, the City of Meridian may impose additional
restrictions/conditions.
RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A
12,010 SQUARE-FOOT MEDICAL/DENTAL OFFICE BUILDING ON 1.24 ACRES IN A L-O ZONE,
BY N.M. ENTERPRISES, LLC -CUP-04-007 -Page 3
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 neaz edge to near edge). The'applicant shall be required to
pave the driveways on Gala Street their full width (maximum 3b-feet) and at least
30-feet into the site beyond the edge of pavement of the roadway.
2. Direct lot or parcel 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
standard 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 Standazd 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 ACRD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plaris.
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.
RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A
12,010 SQUARE-FOOT MEDICAL/DENTAL OFFICE BUILDING ON 1.24 ACRES IN A L-O ZONE,
BY N.M. ENTERPRISES, LLC -CUP-04-007 -Page 4
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable mad 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 ACRD 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
ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACRD conduits (spaze 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:
1. Afire hydrant will be required to serve this development. Final Approval of the
fire hydrant location shall be by the Meridian Fire Department:
a. Fire Hydrants shall have the 4 %i" 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'.
2. All enteance and internal roads shall have a turning radius of 28' inside and 48'
outside.
3. Provide a 20' wide Fire Lane for all internal & external roadways.
RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A
12,010 SQUARE-FOOT MEDICAL/DENTAL OFFICE BUILDING ON 1.24 ACRES IN A L-O ZONE,
BY N.M. ENTERPRISES, LLC -CUP-04-007 -Page 5
4. Fire lanes and streets shall have a vertical clearance of 13'6". This includes
mature landscaping.
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 unlrnown transient population and will have an
unknown 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.
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. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
E. Adopt the Recommendations of the Meridian Parks Department as follows:
RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A
12,010 SQUARE-FOOT MEDICAL/DENTAL OFFICE BUILDING ON 1.24 ACRES IN A L-O ZONE,
BY N.M. ENTERPRISES, LLC -CUP-04-007 -Page 6
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 Irrigation 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. A pressure
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:
1. The proposed HVAC area does not offer natural surveillance opportunities. In
order to increase visibility, a motion light shall be installed along the west side of
the, building, above the HVAC unit.
RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A
12,010 SQUARE-FOOT MEDICAL/DENTAL OFFICE BUILDING ON 1.24 ACRES IN A L-0 ZONE,
BY N.M. ENTERPRISES, LLC -CUP-04-007 -Page 7