HomeMy WebLinkAboutRiverbirch Courtyard Condominiums PFP-04-003
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE REQUEST )
FOR PRELIMINARYIFINAL PLAT FOR)
RlVERBIRCH COURTYARD )
CONDOMINIUMS ON 1.24 ACRES IN AN )
L-O ZONE, LOCATED NEAR THE SOUTH- )
EAST CORNER OF OVERLAND ROAD AND)
CELEBRATION AVENUE, APPROXIMA TEL Y)
Yz MILE WEST OF EAGLE ROAD, IN )
SECTION 20, TOWNSHIP 3 NORTH, RANGE)
1 EAST )
)
)
)
)
)
N.M. ENTERPRISES,
APPLICANT.
CIC 05/04/04
CASE NO. PFP-04-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND ORDER OF
CONDITIONAL APPROVAL
OF PRELIMINARYIFINAL
PLAT
The above entitled matter coming on regularly for public hearing before the City Council
on May 4, 2004, and Anna Powell Planning Director, and Mark Guho, appeared and testified at
the hearing, and the City Council having received a report from Craig Hood for the Planning and
Zoning Department and Bruce Freckleton, Engineering Technician III, and the City Council
having received as part of the record of this matter the recommendation to City Council of the
Planning and Zoning Commission and the applicant having submitted the Plat Drawing described
as follows, "PLAT SHOWING RIVERBIRCH COURTYARD CONDOMINIUMS LOT 2,
BLOCK I OF GALA PARK SUBDIVISION SITUATED IN A PORTION OF THE
NORTHEAST V. OF THE NORTHWEST V. OF SECTION 20, TOWNSHIP 3 NORTH,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT-
RIVERBIRCH COURTYARD CONDOMINIUMS - (PFP-O4-003)
PAGE] OF 14
RANGE I EAST, BM., CITY OF MERIDIAN, ADA COUNTY, IDAHO 2004, X:
IPROJECTS/GUHO/2438IDRA WlNGS/PLAT/FINAL/2438PLAT.dwg PN 1003-2438 SHEET
1 OF 3, HANDWRITTEN DATE: 02-13-04, N M ENTERPRISES, L.L.C.-
OWNER/DEVELOPER, PREPARED BY ROYLANCE AND ASSOCIATES PA", N.M.
Enterprises submitted for preliminarylfinal plat approval, and which preliminary/final plat
application is herein received and adjudged by the City Council, pursuant to Meridian City Code,
Section 12-3. Therefore the City Council makes the following fmdings:
FINDINGS OF FACT
1.
That the proposed development is in conformance with the Comprehensive Plan
by reason of the fact that it lies within the existing Urban Area as defined in the Meridian
Amended Comprehensive Plan Generalized Land Use Map, lnftastructure Planning Analysis
Comprehensive Plan and Map, adopted August 6, 2002, Resolution No. 02-382, and the property
is presently zoned L-O (Limited Office District), and requires connection to the Municipal Water
and Sewer System. [see Meridian City Code, Section 11-7-2 G]
2.
The preliminary plat is in conformance with the Amended Comprehensive Plan
City of Meridian adopted August 6, 2002, Resolution No. 02-382.
3.
It is found that the subdivision to be in conformance with the Comprehensive
Plan. The Future Land Use Map designates the property as Commercial. Commercial areas are
anticipated to provide a full range of commercial and retail to serve area residents and visitors.
Existing zoning on the property is Limited Office (L-O). The subject plat is intended for
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT-
RlVERBIRCH COURTYARD CONDOMINIUMS - (PFP-O4-003)
PAGE 2 OF 14
commercial development in compliance with the approved CUP and the Comprehensive Plan.
4.
It is determined that public services are available to accommodate the proposed
development. The developer will be financing the extension of sewer, water, utilities and
irrigation services needed to serve the project. The primary public costs to serve the future
residents will be fire and police services. The site is currently serviced by city water and sewer.
On March 12, 2004, a joint agencyldepartment comments meeting was held with
representatives of key service providers to this property. The Meridian Fire Department has
concerns with serviceability of this site, as it is currently outside of their five-minute response
zone. The Fire Department does not know when a new station will be constructed in this area,
which will be south of the fteeway.
The applicant indicated on the submitted site plan, that the refuse pick-up area will be
located off-site and be shared with the existing medical office ~o the west. The applicant shall
coordinate the location and design of refuse container(s) with Sanitary Services Company.
The Meridian Police Department has submitted comments and a condition for this site for
safety lighting along the west side of the building.
5.
It is found that the subdivision will not require the expenditure of any capital
improvement funds, as the developer is installing sewer, water, and utilities for the development
at their cost.
6.
It is found that the development will not require major expenditures for providing
supporting services, but compounded with the other projects to the south side of the fteeway that
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT-
RIVERBIRCH COURTYARD CONDOMINIUMS - (PFP-O4-003)
PAGE 3 OF 14
~
have recently been approved by the City, basic life support service in this area is not optimal at
this time. The project lies outside the five-minute response zone goal of the Meridian Fire
Department. 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 layout for facilities that are located within 1.5 miles
ftom a given location and sufficient operational funds to staff the facilities.
7.
Other than the Fire Department's concerns with serviceability, staff is not aware
of any health, safety or environmental problems associated with this subdivision. There has not
been identified any environmental problems that may be associated with the development of this
site. ACHD considers road safety issues in their analysis, and ACHD staff has recommended,
with conditions, approval of the subject subdivision.
DECISION AND ORDER
Pursuant to the City Council's authority as provided in Meridian City Code,
Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein
adopted:
IT IS HEREBY ORDERED AND THIS DOES ORDER
1.
The PreliminarylFinal Plat of the applicant as evidenced by "PLAT SHOWING
RIVERBIRCH COURTYARD CONDOMINIUMS LOT 2, BLOCK 1 OF GALA PARK
SUBDIVISION SITUATED IN A PORTION OF THE NORTHEAST Y. OF THE
NORTHWEST Y. OF SECTION 20, TOWNSHIP 3 NORTH, RANGE I EAST, BM., CITY OF
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT-
RIVERB1RCH COURTYARD CONDOMINIUMS - (PFP-O4-003)
PAGE40F 14
MERIDIAN, ADA COUNTY, IDAHO 2004, X:
IPROJECTS/GUHO/2438/DRA WlNGS/PLATIFINALl2438PLAT.dwg PN 1003-2438 SHEET
I OF 3, HANDWRITTEN DATE: 02-13-04, N M ENTERPRISES, L.L.C.-
OWNER/DEVELOPER, PREPARED BY ROYLANCE AND ASSOCIATES PA", has been
submitted for preliminary/final plat.
2.
The conditions of Staff pertaining to the PreliminarylFinal Plat comments are as
set forth in the Memorandum to the Mayor and City Council from Craig Hood for Planning and
Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: P & Z Hearing
Date: April I, 2004 Transmittal Date: March 26, 2004, listing II Site Specific Comments -
PreliminarylFinal Plat and 7 Standard Plat Conditions, a true and correct copy of which is
attached hereto and marked Exhibit "A", and consisting of sixteen pages, and by this reference
incorporated herein, and the response letter ftom Mark Guho ofNM Enterprises, L.L.C. dated
March 29, 2004, a true and correct copy of which is attached hereto and marked Exhibit "B", and
consisting of one page, and by this reference incorporated herein, and with the additional
requirements from the City Council ftom their meeting of May 4, 2004, and the requirements are
as follows, to-wit:
A.
Adopt the Comments and Recommendations of the Meridian Planning & Zoning and
Engineering Departments as follows:
SITE SPECIFIC CONDITIONS (PRELIMINARYIFINAL PLAT)
I. Applicant shall meet all of the requirements of the concurrent application (CUP-04-007) as a
condition of the subject PreliminarylFinal Plat (PFP-04-003).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT-
RlVERBIRCH COURTYARD CONDOMINIUMS - (PFP-O4-003)
PAGE 5 OF 14
2. Provide documentation to the Planning & Zoning Department, that the property owner to the
west (Lot 1, Block 1, Gala Park Subdivision) has granted access for this site to utilize that
property for access to Celebration A venue. Provide a note on the plat granting cross-access to
the lot to the west (Lot I, Block I, 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 fmal 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 I O-foot wide landscape buffer along Gala Street. Said landscape buffer shall be
delineated on the face of the fmal 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 (Vanderwolfpine) is shown.
. All woody shrubs shall be ftom a minimum two-gallon pot.
. Plant low-lying shrubs, not trees, within the proposed 20-foot wide landscape
bufferlbuilding setback along the east property line.
. Any tree over 4" in caliper that is removed ftom the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of 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, berminglswale details, and all proposed ground coverltreatment.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT-
RIVERBIRCH COURTYARD CONDOMINIUMS - (pFP-O4-003)
PAGE 6 OF 14
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/drainage district, or lateral
users association (ditch owners), with written approval or non-approval submitted to the
Public Works Department. Iflateral 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 ACHD and the City of Meridian.
10. All sidewalks shall be constructed as submitted and in accordance with MCC l2-5-2.K.
Prior to signature of the final plat by the City Engineer, all sidewalks shall be constructed
or a surety shall be provided in accordance with MCC 12-5.3.
II. 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).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARY/FINAL PLAT-
RIVERBIRCH COURTYARD CONDOMINIUMS - (PFP-O4-003)
PAGE 7 OF 14
STANDARD PLAT CONDITIONS:
I. 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 ftom the Public Works Department prior commencing installations.
3. Please submit groundwaterlsoils 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 IOO-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 ftom 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 irrigation.
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.
7. Staffs failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the Applicant of responsibility for compliance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT-
RIVERBIRCH COURTYARD CONDOMINIUMS - (PFP-O4-003)
PAGE 8 OF 14
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 parcel access to Overland Road is prohibited. Lot access restrictions as
required with this application shall be stated on the fmal 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 Standard Conditions of Approval.
Standard Conditions of Approval
I. 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 may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5. All design and 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 ofIdaho shall prepare and certify all improvement plans.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMlNARYIFlNAL PLAT-
RIVERBIRCH COURTYARD CONDOMINIUMS - (PFP-O4-003)
PAGE 9 OF 14
6. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance # 198, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing 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 ftom the Ada County Highway
District.
II. 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 waiverlvariance 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:
I. A fire 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 Yo' 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 spec.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT-
RlVERBIRCH COURTYARD CONDOMINIUMS - (PFP-O4-003)
PAGE 10 OF 14
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 entrance and internal roads shall have a turning radius of28' inside and 48' outside.
3. Provide a 20' wide Fire Lane for all internal & 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 a rITe-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 unknown 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.
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 ftom 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
ftom 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT-
RIVERBIRCH COURTYARD CONDOMINIUMS - (PFP-O4-003)
PAGE] 1 OF 14
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:
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 ofNampa & Meridian Irrigation District as follows:
I. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT-
RIVERBIRCH COURTYARD CONDOMINIUMS - (PFP-O4-003)
PAGE 12 OF 14
H.
Adopt the Recommendations of the Meridian Police Department as follows:
1. The proposed HV AC area does not offer natural surveillance opportunities. In order to
increase visibility, amotion light shall be installed along the west side of the building, above
the HV AC unit.
2.
The final plat upon which there is contained the Certification and signature of
the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be
signed only at such time as:
a.
The Plat dimensions are approved by the City Engineer;
b.
The City Engineer has verified that all off-site improvements are completed
and/or the appropriate letter of credit or cash has been issued guaranteeing the
completion of off-site and required on-site improvements; and
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
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 fmal 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 may be filed.
Please take notice that this is a final action ofthe 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 may be adversely affected by this decision may, within twenty-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYIFINAL PLAT-
RIVERBIRCH COURTYARD CONDOMINIUMS - (PFP-O4-003)
PAGE 13 OF 14
67, Idaho Code.
III By ..... of tho (:by Camcil .. .. """" ........ bold on tho I ¿Y!: day of
lit ,2004. ..
~~
Tammy de Weer
"",\IIIIMay,ç>,r, City of dian
I" C Mt=ro III
"" -, 0< ~/D. II"
" ~" I!.. '"
Attest: ~' c} d'P~ -11-~-.
f R ~~o %
~~~ d. SEAL 1
William G. Berg, Jr., City ler ( %..,,~ ,&,Ö' 0 J
Copy served upon Applicant, the p~ 1:~'~, Public Works Department
and City Attorney. ""'1 COUNT'/'o 'I¡ I"'"
1111111t"n, "111"""
BY:~() ,~G~tr\
City Oerk's Office
Dated: mo.~ 2\, 2cD+
Z:IWork\M\MeridianIIS360MlRiverbitchColltyanlCoødos PFP-ü4-003 CUP-o4-OO7lPFP FtC..."""
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND ORDER OF CONDITIONAL APPROVAL OF
PRELIMINARYfFINAL PLAT-
RIVERBIRCH COURTYARD CONDOMINIUMS - (pFP-O4-O03)
PAGE 14 OF 14
CITY COUNCIL MEMBERS
KeitbBird
William LM. Nary
Sliaun Wardle
Cbarles M. Rountree
.,"'\
~f
~ IDAHO ¡;
:it-q" ~.
'. '¡p, .. Ji' ~
.. r.,"^-'W,,"..~!!}= !. ! ,."
. ""
CITY HALL
(208) 888-4433 - Fax 887-4813
MAYOR
Tammy de Weerd
olfe;; dltrfl
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 - Fax 898-9551
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
STAFF REPORT:
P & Z Hearing Date: April 1, 2004
Transmittal Date: March 26, 2004
To:
Mayor, City Council and Planning & Zoning Commission
Craig Hood, Associate City Planner (IN
Bruce Freckleton, Senior Engineering Tech. ~
Riverbirch Courtyard Condominiums
From:
Subject:
.
Preliminary and Final Plat (PFP) Approval for Two-hundred-eighty-nine (289)
Condominium Units on 1.24 Acres, for Riverbirch Courtyard Condominiums, by N.M.
Enterprises, L.L.C. (File No. PFP-04-003)
.
Conditional Use Permit (CUP) Approval ofa 12,010 Square-foot MedicallDental Office
Building, by N.M. Enterprises, L.L.C. (File No. CUP -04-007)
We have reviewed the aforementioned applications and now offer the following comments, as conditions of the
applicant. These conditions shall be considered infull, unless expressly modified or deleted by motion of the
Meridian City Council.
APPLICATION SUMMARY & BACKGROUND
The applicant, N.M. Enterprises, L.L.C., has applied for PreliminarylFinal Plat (PFP) and detailed Conditional
Use Permit (CUP) approval for a new 12,010 square-foot medical/dental office on a 1.24 acre site that is
currently vacant. The site is commonly known as Lot 2, Block I, Gala Park Subdivision, which was recorded in
2004. The applicant is proposing to divide/plat the proposed building into 289 condominium units. The site is
located near the southeast corner of Overland Road and Celebration Avenue, approximately Yz mile west of
Eagle Road, in an L-O (Limited Office) zone. This property is currently designated "Commercial" on the 2002
Comprehensive Plan Land Use Map.
The subject development is eligible for a combined preliminary/final plat application because the proposed
condominium/subdivision does not exceed four lots, there are no new streets being dedicated or widened,
and this development is not located within a floodplain, hillside or the like (MCC 12-3-3). The purpose of
the subject preliminary/final plat application is to divide the proposed 12,010 square-foot medicalldental
office into 289 condominium units. These units have been designed by the applicant to provide flexibility
for space planning by the future owners of the condominium space. NOTE: The subject condominium
development is proposed on an existing lot of record (Lot 2, Block I, Gala Park Subdivision). The process
for recording a condominium plat is similar to the division of land. In order to create condominium
Exhibit "A" 1 OF 16
Planning & Zoning CommissionlMayor & City Council
Hearing Date: April 1, 2004
Page 2
properties Idaho Code requires the land-owner of record to submit a plat or survey map of the surface of the
ground included within the project, and a diagranunatic floor planes) of the building or buildings built or to
be built thereon in sufficient detail to identify each unit, its relative location and approximate dimensions,
showing elevations where multi-level or multi-story structur.es are diagramed (Title 55, Chapter 15 ofIdaho
Code). The submitted preliminarylfinal condominium plat appears to meet the requirements ofIdaho Code.
Staff does not have any detailed analysis for the proposed division of air space within the proposed building.
The conditions outlined in this report are geared towards the proposed medical/dental office use, and the
design of the building (CUP-04-007).
This site was part ofa larger, conceptual Conditional Use Permit proposal in 2000 (CUP-00-017). CUP-00-OI7,
processed as Resolution Plaza, included a wide range of uses including, office, retail, and commercial pad sites,
multi-family residential units, a day care, a seminary, and an ice arena. The conceptual CUP included multiple
parcels, and its boundary extended ftom Locust Grove Road, west one-half mile towards Eagle Road, and
contained approximately 55 acres. Condition 12.1 of the Findings of Fact and Conclusions of Law for
Resolution Plaza required that "future phases of the project shall require separate Conditional Use Permits for
each phase...." In accordance with the development agreement requirement, the applicant has submitted the
subject Conditional Use Permit. The subject CUP application proposes to amend the previous CUP approval
(CUP-00-OI7), and obtain detailed approval for the proposed medical office building. The applicant is not
requesting any variances or waivers to any ordinance requirements.
The subject applications (PFP and CUP) were submitted concurrently to the Planning and Zoning Department
for review. Staff has provided a detailed analysis and recommended conditions of approval for the requested
preliminarylfinal plat and conditional use permit applications below. Staff is recommending approval of the
applications, with the conditions outlined in this report.
CURRENT OWNERS OF RECORD
N.M. Enterprises, L.L.C., is the current property owner, and Mark Guho, who is a registered agent, has
submitted notarized consent for Roylance & Associates, P.A., to submit the subject applications.
LOCATION & SURROUNDING USES
The subject property is located near the southeast corner of Overland Road and Celebration Avenue,
approximately Y, mile west of Eagle Road, in Section 20, Township 3 North, Range I East.
The following uses surround the subject property:
North - Vacant, zoned CoG
South - Vacant, zoned L-OlMedical office, zoned L-OlMountain View High School, zoned R-4
East - Vacant, zoned RUT (Ada County)
West - Pediatrics office, zoned L-O
PRELIMINARYIFINAL PLAT ANALYSIS
Sections 12-3-3.1.2 and l2-3-5.D of Meridian City Code read as follows: In determining the acceptance of a
proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the
following:
Exhibit "A" 2 OF 16
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April I, 2004
Page 3
A.
The conformance of the subdivision with the Comprehensive Development Plan;
This site is currently designated as "Commercial" on the Comprehensive Plan Future Land Use
Map and zoned is L-O. In Chapter VII of the Comprehensive Plan, "Commercial" areas are
anticipated to provide a full range of commercial and retail to serve area residents and visitors.
Uses may include retail, wholesale, service and office uses, multi-family residential, as well as
appropriate public uses such as government offices.
Staff finds the following Goals, Objectives, and Action items contained in the 2002
Comprehensive Plan to be applicable to this application (sraff analysis is in italics below policy):
.
"Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV,
Objective D, Action item 2)
.
"Develop methods, such as cross-access agreements, ftontage roads, to reduce the number of
existing access points onto arterial streets." (Chapter VI, Goal II, Objective A, Action item 12)
This site has frontage on Overland Road, an arterial roadway. The applicant is proposing to
construct a new access to Gala Street, a local/commercial street, and to extend the driveway
from the west that connects to Celebrarion Avenue. The applicant is not proposing any direct lot
access to Overland Road. Staff is supportive of the access proposal for this site. See Special
Consideration HA" in the Preliminary/Final Plat section below.
.
"Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal 111,
Objective D, Action item 5)
Staff has included conditions for landscaping of this site. See Special Consideration HB" in the
Preliminary/Final Plat secrion below.
.
"Require appropriate landscape and buffers along transportation corridors (setback, vegetation,
low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4)
A 35-foot wide landscape buffer easement was platted along Overland Road, an arterial street,
with the Resolution Subdivision #1 plat. There is currently landscaping within the platted
landscape easement abutfing the site.
.
"Permit new. . .commercial development only where urban services can be reasonably provided at
the time offinal approval and development is contiguous to the City." (Chapter IV, Goal I, Objective
A, Action item 6)
The Meridian Fire Department has submitted comments and conditions for this site (see comments
Exhibit "A" 3 OF 16
Planning & Zoning CommissionlMayor & City Council
Hearing Date: April 1, 2004
Page 4
at end of this report). One of the comments received from the Fire Department states that the
proposed project is 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 szifficient operational fùnds to
staff the facilities. Staff does not anticipate that at the time of final approval of the first phase of this
development that the response time goals of the Fire Department will be achieved.
The subject site is readily serviceable by City of Meridian's sanitary sewer and water systems.
.
"Locate new community commercial areas on arterials or collectors near residential areas in such a
way as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action
item 5)
The subject property has frontage on an arterial roadway, Overland Road, and a locallcommercial
roadway, Gala Street. The property directly to the east of this site is designated as "Mixed Use -
Regional" on the Comprehensive Plan. It is anticipated that this currently vacant parcel will include
some multi-family residential uses when it develops. Staff believes that the development of a
medicaUdental condominium office should complement thefùture, anticipated, residential uses.
.
"Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" ftom the
National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective
A, Action item 3)
This publication encourages jurisdictions to establish bikeway and walkway facilities in new
construction and reconstruction projects, in a manner that is safe, accessible and convenient.
Sidewalk currently exists abutting the site on Overland Road and Gala Street.
The applicant is not requesting any modifications to the zoning standards for the L-O zone, as
outlined in Meridian City Code. The proposed lot size, building setbacks, driveways, frontage,
and all other dimensional standard requirements of the L-O zone are being met with the
submitted application. If the applicant complies with the conditions included in this report, staff
finds that the overall site design of the condominium plat will be in general conformance with
the City of Meridian Comprehensive Plan.
B.
The availability of public services to accommodate the proposed development;
If approved, the developer will be financing the extension of sewer, water, utilities and irrigation
services needed to serve the project. The primary public costs to serve the future residents will be
fire and police services. The site is currently serviced by city water and sewer.
On March 12,2004, ajoint agencyldepartment comments meeting was held with representatives
of key service providers to this property. The Meridian Fire Department has concerns with
Exhibit "A" 4 OF 16
Planning & Zoning CommissionlMayor & City Council
Hearing Date: April 1, 2004
Page 5
c.
D.
serviceability of this site, as it is currently outside of their five-minute response zone. The Fire
Department does not know when a new station will be constructed in this area, south of the
fteeway(all of the detailed conditions ftom the Fire Department and other agenciesldepartments
are at the end of this report).
The applicant has indicated, on the submitted site plan, that the refuse pick-up area will be
located off-site and be shared with the existing medical office to the west. The applicant should
coordinate the location and design of refuse container( s) with Sanitary Services Company (SSe).
The Meridian Police Department has submitted comments and a condition for this site for safety
lighting along the west side of the building. See Special Consideration "B" in the Conditional
Use Permit Section below.
Staff recommends that the Commission and Council reference the comments and conditions
from the various agencies and departments, regarding their ability to adequately service this
project.
The continuity of the proposed development with the capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their cost,
staff finds that the subdivision will not conflict with the capital improvement program.
The public financial capability of supporting services for the proposed development;
As noted above, the project lies outside the five-minute response zone goal of the Meridian Fire
Department. 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
ftom a given location and sufficient operational funds to staff the facilities. Staff finds that this
development itself will not require major expenditures for providing supporting services.
However, compounded with the other projects on the south side of the fteeway that have recently
been approved by the City, basic life support service in this area is not optimal at this time. Staff
recommends that the Commission and Council reference any written and/or verbal testimony
submitted by the Meridian Police and Fire Departments with regard to their capability to serve
the proposed development.
E.
The other health, safety or environmental problems that may be brought to the
Commission's attention.
Other than the Fire Department's concerns with serviceability, staff is not aware of any health,
safety or environmental problems associated with this subdivision that should be brought to the
Council or Commission's attention. Staff has not identified any environmental problems that
may be associated with the development of this site. ACHD considers road safety issues in their
Exhibit "A" 5 OF 16
Planning & Zoning CommissionlMayor & City Council
Hearing Date: April 1, 2004
Page 6
analysis, and ACHD staff has recommended, with conditions, approval of the subject
subdivision. Staff recommends that the Commission and Council reference any public testimony
that may be presented to determine whether or not the proposed subdivision may cause health,
safety or environmental problems of which staff is unaware.
SPECIAL CONSIDERATIONS (PRELIMINARYIFINAL PLAT)
A. Access and Parking: As part of the subject application, the applicant is proposing to remove some
existing curbing on the west property line to connect the drive aisles on the parcel to the west (Lot 1,
Block 1, Gala Park Subdivision) with the subject drive aisles. Staffis supportive ofthis proposal. The
applicant is also proposing to construct a new driveway off Gala Street, to the south. ACHD staff has
reviewed and approved the access points. The proposed on-site and existing off-site drive aisles and
parking all tie into each other. Therefore, the applicant should be required to gain approval ftom the
property owner of the parcel to the west to utilize their driveway as access to Celebration Avenue,and
provide cross-access to the property owner to the west to utilize the new drive aisles as access to Gala
Street. Further, a cross parking/cross access agreement for all of the new units within the subdivision to
utilize the driveways and parking shall be provided. Maintenance of the drive aisles and parking areas
should be provided for in a note on the face of the final plat, ANDIOR in a document such as CCR's.
See Site Specific Condition #2 below.
The proposed building is approximately 12,010 square-feet. Ofthis total square-footage, approximately
10,000 square-feet will be for examination rooms, treating rooms, waiting rooms, and office space. MCC
ll-13-5.B.2 requires I parking stall for every 200 square feet of gross floor area for the above-listed
uses, excluding hallways, storage, bathrooms, etc. In accordance with the parking requirements of the
City, the applicant is proposing 52 new parking stalls for the development; 50 stalls are required by
ordinance. All parking stalls and drive aisles should be constructed in accordance with Meridian City
Code, as proposed. See Site Specific Condition #3 below.
B.
Landscape Plan: The submitted landscape plan, prepared by ZGA Architects and Planners, and dated 11-
14-03 is approved as submitted, with the following changes:
Street Buffers: Meridian City Code 12-13-10-4 requires a 25-foot wide landscape buffer along arterial
streets, and a 10-foot wide landscape buffer along local streets. The required landscape buffer along
Overland Road, an arterial roadway, currently exists abutting the site. In accordance with Meridian City
Code, the applicant should provide a I O-foot wide landscape buffer along Gala Street, as proposed. Said
landscape buffer shall be delineated on the final plat. Said landscape buffer shall not preclude the
construction of hard-surface driveways. Landscaping shall be in accordance with MCC 12-13-10 (see
Prohibited Materials below).
Prohibited Materials: Meridian City Code 12-13-7-2 prohibits conifers ftom being planted in street
buffers for non-residential subdivisions. The applicant is proposing to plant a Vanderwolf pine (a
conifer) in the street buffer for Gala Street. A tree approvedfor planting within street buffers shall be
installed along Gala Street where the conifer is shown (see Tree Selection Guide for Streets and
Exhibit"A"60FI6
Planning & Zoning CommissionlMayor & City Council
Hearing Date: April 1, 2004
Page 7
Landscapes Throughout Idaho). See Site Specific Condition #4 below. NOTE: Before the current
Landscape Ordinance was adopted by the City, there were some coniferslpines constructed within the
landscape buffers on Overland Road, Gala Street, and/or Celebration Avenue.
Minimum Plant Size: MCC 12-13-7-3 requires all shade trees (deciduous) and ornamental trees to have
a minimum 2"inch caliper at planting; all evergreen trees should have a minimum 6-7 foot height; and all
wood shrubs (not grasses) to be ftom a minimum two-gallon pot. There are several shrubs on the
submitted landscape plan that have a minimum one-gallon pot. In accordance with MCC 12-13-7-3, all
woody shrubs shall be from a minimum two-gallon pot.
Land-Use Buffers: Meridian City Code 12-13-12-4 requires landscape buffers between the different
classifications ofland uses. For instance, a 20-foot wide landscape buffer between an office use and a
single-family home is required. Meridian City Code 12-13-12-2 requires the land use buffer to be
provided by the higher intensity use and to be located on the building site of the higher intensity use. A
land use buffer is not required for uses with similar intensities, for instance a professional office next to a
medical clinic. There is a pediatrics office, a similar use, west of the site; a landscape buffer is not
required.
The land use intensity classifications table does not include Ada County zones (MCC 12-13-12-4). The
property directly to the east of the site is currently zoned RUT in Ada County and designated as Mixed
Use - Regional on the City's Comprehensive Plan Future Land Use Map. The applicant is proposing a
20-foot landscape bufferlbuilding setback along the east property line. Staff anticipates that the future
development of the currently vacant parcel to the east will either be a similar (office) use, or will be a
more intense (commercial) use, and therefore a buffer will be required by the more intense use. Further,
MCC 12-13-11-2 requires one tree per thirty-five lineal feet with shrubs, lawn, or other vegetative
groundcover, adjacent to vehicular use areas along the perimeter of a development. The applicant is
proposing a 20-foot wide landscape buffer between the proposed building and parking area. However,
along the east property line is an existing Nampa-Meridian Irrigation District easement. This existing
irrigation eaSement prevents trees ftom being planted within the bufferlsetback to the east. Therefore, the
applicant should be required to plant low-lying shrubs, not trees, within the proposed 20-foot wide
landscape bufferlbuilding setback along the east property line. See Site Specific Condition #4 below.
Existing Trees: Any tree over 4" in caliper that is removed ftom the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that may be
removed (MCC 12-13-13-3).
C.
Covenants. Codes. and Restrictions: Idaho Code 55-1507 requires condominium developments to
record by-laws, which set forth the restriction, requirements, and maintenance of the common elements
and individual units. Staff recommends that for maintenance and operation purposes of the common
areas (landscape, drive aisles, parking, etc.) as well as the individual units themselves, the applicant
record by-laws/CCR's for this development. See Site Specific Condition #5 below.
Exhibit "A" 7 OF 16
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April I, 2004
Page 8
D.
E.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a
year-round source of water (MCC 12-13-8.3). The applicant shall be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized, the
developer shall be responsible for the payment of assessments for the common areas prior to signature
on the fmal plat by the City Engineer. 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-
28. See Site Specific Condition #6 below.
Ditches. Laterals. and Canals: 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/drainage district, or lateral
users association (ditch owners), with written approval or non-approval submitted to the Public Works
Department. If lateral users association approval cannot be obtained, plans will be reviewed and
approved by the City Engineer prior to final plat signature. See Site Specific Condition #7 below.
SITE SPECIFIC CONDITIONS œRELIMINARYIFINAL PLAT)
I. Applicant shall meet all of the requirements of the concurrent application (CUP-04-007) as a condition
of the subject PreliminarylFinal Plat (PFP-04-003).
2.
3.
4.
Provide documentation to the Planning & Zoning Department, that the property owner to the west (Lot
I, Block I, Gala Park Subdivision) has granted access for this site to utilize that property for access to
Celebration A venue. Provide a note on the plat granting cross-access to the lot to the west (Lot 1, Block
I, 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.
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.
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 I O-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 (Vanderwolfpine) 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 bufferlbuilding setback
Exhibit "A" 8 OF 16
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April 1, 2004
Page 9
along the east property line.
. Any tree over 4" in caliper that is removed ftom the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of 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, berminglswale 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/drainage 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
ACHD and the City of Meridian.
Exhibit "A" 9 OF 16
Planning & Zoning CommissionlMayor & City Council
Hearing Date: April I, 2004
Page 10
2.
10.
All sidewalks shall be constructed as submitted and in accordance with MCC I2-5-2.K. Prior to
signature of the final plat by the City Engineer, all sidewalks shall be constructed or a surety shall be
provided in accordance with MCC 12-5.3.
11.
A final 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 ftom 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:
I. Prior to signature of the final plates) 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.
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 rITe
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 ftom the Public Works
Department prior commencing installations.
3.
Please submit groundwaterlsoils 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 I OO-year storm events. Side slopes within drainage areas shall not exceed
3: I. 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 offield 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 ftom 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 irrigation.
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.
7.
Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use
does not relieve the Applicant of responsibility for compliance.
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of each proposed
Exhibit "A" 10 OF 16
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April I, 2004
Page 11
conditional use in terms ofthe following and may approve a conditional use permit if they find evidence
presented at the hearing(s) is adequate to establish (11-17-3):
A.
That the site is large enough to accommodate the proposed use and all yards, open spaces,
parking, landscaping and other features as may be required by this ordinance;
On the submitted site plan, the applicant has shown enough parking to accommodate the
proposed use. The proposed setbacks are in accordance with the City established minimums
for the L-O zone. The applicant is proposing to provide adequate landscaping along the
perimeter, adjacent to the streets, and within the parking areas. Staff finds that the site is
large enough to accommodate the proposed uses and all yards, open spaces, parking,
landscaping and other features required by ordinance.
B.
That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
Staff finds that the proposed development is harmonious with the current Comprehensive Plan
Land Use Map which designates the property as "Commercial". Staff finds the development plan
is, or can be made to be, in compliance with the requirements of the Zoning Ordinance and the
adopted Comprehensive Plan, if the applicant complies with the Site Specific and General
Conditions contained herein. (See Preliminary Plat Analysis "A" for detailed information
regarding this finding.)
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;
Staff finds that the proposed medicalldental building will be compatible with other uses in the
neighborhood and with the intended character of the general vicinity, which includes a mix of
residential, commercial, office, and school uses. The Council and Commission should consider
public testimony when determining if the proposed use will adversely change the essential
character ofthe general 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;
Staff does not anticipate the proposed use will have an adverse affect on other property in the
vicinity if designed, constructed, operated and maintained in accordance with the Site Specific
and General Conditions of approval. Staff recommends that the Commission and Council rely
upon public testimony, staffs analysis, and other agency comments when determining if the
proposed uses will adversely affect the other properties in the vicinity.
Exhibit "A" 11 OF 16
Planning & Zoning Commission/Mayor & City Council
Hearing Date: April I, 2004
Page 12
E.
F.
G.
That the proposed use will be served adequately by essential public facilities and services
such as highways, street, police, and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed conditional
use shall be able to provide adequately any such services;
The subject site has adequate access to Overland Road via local streets in the area. The City of
Meridian Fire and Police Departments currently monitor, service, and protect the subject
neighborhood. Sanitary Services Company currently provides refuse service to the site and
surrounding properties. The site is serviced by city water and sewer currently.
On March 12, 2004, ajoint agencyldepartment comments meeting was held with representatives
of key service providers to this property. The Meridian Fire Department has concerns with
serviceability of this site, as it is currently outside of their five-minute response zone. The Fire
Department does not know when a new station will be constructed in this area, south of the
freeway (all ofthe detailed conditions from the Fire Department and other agenciesldepartments
are at the end ofthis report). Staff recommends that the Commission and Council reference the
comments and conditions ftom the various agencies and departments, regarding their ability to
adequately service this project.
That the proposed use will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic welfare of the
community;
If approved, the developer will be required to finance the extension of sewer, water, utilities and
pressurized irrigation to serve the project. The primary public costs to serve the site will be fire
and police services. Staff 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.
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 general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
This development is estimated to generate 433 additional vehicle trips per day (0 existing) based
on the Institute of Transportation Engineers Trip Generation Manual. The proposed medical use
is consistent with the existing office use just to the west of the site. Staff does not anticipate that
the proposed use, will be detrimental to the general welfare of the community by means of
producing excessive traffic, noise, smoke, fumes, glare or odors generated by the proposed
residential use.
H.
That the proposed use will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public streets;
The applicant is proposing to construct a new driveway off Gala Street, located near the site's
Exhibit "A" 12 OF 16
Planning & Zoning CommissionlMayor & City Council
Hearing Date: April I, 2004
Page 13
east property line. The applicant is proposing to connect the new parking lot area with the
existing parking lot area to the west which leads to Celebration Avenue. ACHD staff has
reviewed and approved these vehicular approaches. There are no vehicular approaches to
Overland Road proposed with this application. Staff finds that the proposed use and associated
approaches will not create significant interference with any traffic on the surrounding public
streets.
I.
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.
Staffis not aware of any natural, scenic or historic features in the general vicinity of this project.
Staff fmds that no site improvements associated with the Conditional Use Application should
damage natural, scenic or historic features in the area.
SPECIAL CONSIDERATIONS (CUP)
A. Building Setbacks: The proposed site plan proposes building setbacks in accordance with Meridian City
Code for the L-O zone.
B.
Miscellaneous:
Fire Hvdrant Relocation: The applicant is proposing to relocate an existing hydrant, located near the
southeast corner ofthe site. The applicant should coordinate this relocation with the Meridian Fire and
Public Works Departments. Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins. See Site Specific Condition #2 below.
Trash: MCC requires all trash and/or garbage collection areas for commercial, industrial, and multi-
family residential uses to be enclosed on at least three (3) sides by a solid wall or fence of at least four
feet (4 ') in height or within an enclosed building or structure. The applicant is proposing to share the
existing trash enclosure, located off-site, with the pediatrics office to the west. 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). See Site Specific Condition
#3 below.
Lighting: The Meridian Police Department has raised some concerns over the proposed HV AC area (see
comments at the end of this report). As designed, the HV AC on the west side of the site creates a hiding
place and does not offer natural surveillance opportunities. In order to increase visibility, a motion light
should be installed along the west side of the building, above the HV AC unit. See Site Specific
Condition #4 below
Signage: 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 separate
permits. See Site Specific Conditions #5 below.
SITE SPECIFIC CONDITIONS (CONDITIONAL USE)
Exhibit "A" 13 OF 16
Planning & ZoningCommissionlMayor & City Council
Hearing Date: April I, 2004
Page 14
1.
All conditions of the concurrent 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 location 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 1I-I2-1.C.
4.
Install a motion light on the west side of the building, above the proposed HV AC 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 I9-feet long. Designated compact stalls may be
constructed to a width of7Y:. feet-wide (minimum) by l5-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 may be cut to allow for storm water
runoff.
GENERAL CONDITIONS
I. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within
the parking area, 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 ll-l4-4.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 separate 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 parking areas. Stormwatertreatrnent 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 a surface water is prohibited unless the jurisdiction which has authority over the
Exhibit "A" 14 OF 16
Planning & Zoning CommissionlMayor & City Council
Hearing Date: April I, 2004
Page 15
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) ftom 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 may be 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.
Other A¡¡encvlDenartment Comments & Conditions
SANITARY SERVICES COMPANY (SSC)
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 pickcup on multiple days will be needed.
MERIDIAN PARKS DEPARTMENT
I. The Parks Department has no concerns with the site design as submitted with the application.
MERIDIAN POLICE DEPARTMENT
I. The proposed HV AC 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 HV AC unit.
MERIDIAN FIRE DEPARTMENT
I. A fire 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 Yo" 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 spec.
Exhibit "A" 15 OF 16
Planning & Zoning CommissionlMayor & City Council
Hearing Date: April 1, 2004
Page 16
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 entrance and internal roads shall have a turning radius of28' inside and 48' outside.
3. Provide a 20' wide Fire Lane for all internal & 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 a fire-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 unknown transient population and will have an unknown impact on
Meridian Fire Department call volumes. The Meridian Fire Department has e¡¡perienced 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 ftom 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.
RECOMMENDATION
Staff recommends approval of the submitted PreliminarylFinal Plat (pFP-04-003), and Conditional
Use Plermit (CUP-04-007) applications, with the conditions listed herein.
Exhibit "A" 16 OF 16
--..- --"...
(208J 939-8928
p. 1
NM ENTERPRISES~ L.L.C.
:3!H W. State Street, Suite G . Eagle, Idaho 8:3616 . (208) 9a9.8850
Fax (208) 938.8850
~i;i\R
;"'\1\
March 29, 2004
~'.'
City of Meridian
Office of City Clerk
33 E. Idaho Avenue
Meridian. Idaho 83642
- - --- - --
-
Fax: 888-4218
Ref:
Staff Report - Riverbirch Courtyard Condominiums
File No.: PFP-O4-003
CUP-D4-0D7
Applicant, NM Enterprises, LLC. acknowledges receipt of Staff Report for Riverbirch
Courtyard Condominiums and agree to comply with slated special considerations, site
specific conditions, standard plat conditions, standards for conditional uses, special
considerations for (CUP). site specific conditions (Conditional Use), general conditions
and other agency department comments and conditions.
ã: t;. ~
Mark N. Guho
E~:6,"¡ 'l3ft f¿,.f/