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HomeMy WebLinkAboutBrockton Subdivision CUP JUL Q ~ 2004 Inn ~; eri~ian It IDAHO STAFF SUMMARY OF i~;it~~ Of bleridia~= t`ity Clerk Office PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY. COUNCIL Project Name: Case No(s).: Applicant: Brockton Subdivision AZ-04-010, PP-04-013, CUP-04-012 Confluence Management, LLC. P&Z Commission Hearing Date: June 3, 2004 Recommendation: Approval. Summary of Public Hearing: At the June 3, 2004 hearing, testimony was provided by the following people: - Staff testified on the proposed applications. - Becky McKay, representafive for the developer, testified in favor of the subject applications. - Beverly Donahue, an adjacent property owner, testified about concerns regarding the potential to commercially develop her property, noise in the area, and access. - Joe Canning testified about a concern over the City approving other, future, developments in the area for non-residential uses if the subject development is approved. He also provided testimony on mixed-use developments and vertically integrating uses within buildings. The Commission discussion focused on the neighborhood center concept and the amount of non-residential uses within the center. The Commission also discussed the drive aisle and amenities being in easements rather than common lots (see NOTE below). Key Commission Changes to Staff Recommendation: The Commission made only minor modifications to the staff report. NOTE: At the June 3, 2004 meeting, the Commission discussed not requiring the Applicant to construct the gazebo areas and picnic tables within common lots. The Commission failed to include this change to the staff report in the motion. Consistent with what was discussed at the public hearing, CUP Site Specific Condition #6 on Page 20 should be amended. Said condition should be modified by deleting the requirement to have the amenities in common lots, but should require the Applicant to provide a recreational easement for all lot owners to have access to the amenities. BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) Case No. CUP-04-012 REQUEST FOR CONDITIONAL ) USE PERMIT APPROVAL FORA ) RECOMMENDATION TO CITY PLANNED DEVELOPMENT ) COUNCIL CONSISTING OF TEN (10) OFFICE ) BUILDINGS WITH REDUCTIONS ) TO STREET FRONTAGE AND LANDSCAPE BUFFER REQUHiEMENTS ON 3.8 ACRES IN A PROPOSED L-O ZONE FOR BROCKTON SUBDIVISION CONFLUENCE MANAGEMENT, LLC Applicant The property is approximately 3.8 acres in size and is located on the west side of Locust Grove Road, approximately '/ of a mile north of Ustick Road, within Section 31, Township 4 North, Range 1 East. 2. Herbert and Cynthia Lee are the current property owners and Herb Lee has provided notarized consent for the subject application. 3. The Applicant is Confluence Management, LLC. 4. The subject property is currently zoned RUT. There is, however, an application for annexation and zoning to L-O before the City Council. The zoning of L-O is defined within the City of Meridian Zoning and Development Ordinance Section 11-7-2. 5. The Applicant requests the Conditional Use Permit for a Planned Development consisting of ten (10) office buildings with reductions to street frontage and landscape buffer requirements. The Planned Residential Development designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8- 1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A PLANNED DEVELOPMENT ON 3.8 ACRES IN A PROPOSED L-O ZONE, BY CONFLUENCE MANAGEMENT, LLC -CUP-04-012 -Page 1 The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. 8. There aze no significant or scenic features of major importance that affect the consideration of this application. 9. The Planning and Zoning Commission recognizes the concerns of Beverly Donahue and Joe Canning, expressed at the hearing on June 3, 2004. 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 Special Recommendations of the Planning and Zoning Commission as follows: Modify Site Specific Condition #2 on Page 19 to read: "All building construction within Brockton Subdivision shall substantially comply with the eight photos/elevations on file with the Planning and Zoning Department, submitted by Ms. Becky McKay on May 27, 2004. Construction materials shall substantially comply with the materials list on file with the Planning and Zoning Deparhnent, submitted by Ms. Becky McKay on May 27, 2004. Any significant modification(s) to the approved architectural design features and/or materials list, as determined by the Planning Director, will require separate CUP modification approval. Said modification will require City Council approval." B. Adopt the Conditions and Recommendations of the Meridian Planning & Zoning and Public Works Departments, as modified by the Planning & Zoning Commission, as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USEI 1. All conditions of the Annexation and Zoning (AZ-04-010) and Preliminary Plat (PP-04-013) applications shall also be considered conditions of CUP/PD (CUP- 04-012). 2. All building construction within Brockton Subdivision shall substantially comply with the eight photos/elevations on file with the Planning and Zoning Department, submitted by Ms. Becky McKay on May 27, 2004. Construction materials shall RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A PLANNED DEVELOPMENT ON 3.8 ACRES IN A PROPOSED L-O ZONE, BY CONFLUENCE MANAGEMENT, LLC -CUP-04-012 -Page 2 substantially comply with the materials list on file with the Planning and Zoning Department, submitted by Ms. Becky McKay on May 27, 2004. Any modification(s) to the approved architectural design features and/or materials list, as determined by the Planning Director, will require separate CUP modification approval. Said modification will require City Council approval. 3. There is no frontage requirement for the lots within Brockton Subdivision. All lots within Brockton Subdivision shall utilize a common ingress/egress drive aisle, as proposed. 4. Construct a 20-foot wide landscape buffer along the southern property line as proposed. Construct a 10-foot wide landscape buffer along the northern properly line as proposed. Redesign the northwest portion of the drive aisle and parking area to allow for a fu1120-foot wide landscape buffer along the entire west property line. This condition will require the removal of at least one parking stall and the relocation of the proposed trash enclosure location. 5. Place a note on the face of the final plat stating that all building setbacks shall be in compliance with the effective zoning regulations of the City of Meridian. 6. As amenities for the Planned Development, construct two gazebo areas with picnic tables. Said gazebo areas shall be incorporated into common lot(s) so all future lot owners within the development have access to the amenities. At least 10 days prior to the City Council hearing, the applicant shall submit 10 copies of a schematic showing how the amenities will be oriented on the common lot(s). The landscape plan prepared by Harvest Design, P.C., on 3-17-04, is approved with the following changes: • Depicbconstruct a minimum 25-foot wide landscape buffer adjacent to Locust Grove Road. Said landscape buffer shall be located beyond any future street ~t-of--way for Locust Grove Road. • Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of 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 Final Plat application(s). The plan must include the changes listed above, the sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. 8. Construct a pedestrian walkway, from the proposed internal sidewalks, to the southwest (Parcel #50531449500) and to the north (Parcel #50531417685). The required walkways should be constructed in accordance with MCC 12-5-2.K and MCC 12-13-15. RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A PLANNED DEVELOPMENT ON 3.8 ACRES IN A PROPOSED L-O ZONE, BY CONFLUENCE MANAGEMENT, LLC -CUP-04-012 -Page 3 9. All parking and areas of circulafion should be paved, striped, and meet the minimum dimensional requirements of Meridian City Code. 10. The applicant shall 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 a revised site plan, stamped approved by SSC, for the proposed trash enclosure locafion and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. 11. All internal sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. 12. 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). 13. 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. 14. 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. C. Adopt the Recommendations of ACRD as follows: Site Saecific Conditions of Auproval 1. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet ofright-of--way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of- way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of--way, in an easement provided to the District. RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A PLANNED DEVELOPMENT ON 3.8 ACRES IN A PROPOSED Ir0 ZONE, BY CONFLUENCE MANAGEMENT, LLC -CUP-04-012 -Page 4 c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of--way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct one 30-foot wide driveway intersecting Locust Grove Road in alignment with Summerridge Drive on the east side of Locust Grove. The driveway shall be constructed as a curb return type driveway with 15-foot radii. The driveway shall be paved its full width and at least 30-feet into the site. 3. Direct lot access to Locust Grove Road is prohibited and shall be noted on the final plat. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Annroval 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 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 of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A PLANNED DEVELOPMENT ON 3.8 ACRES IN A PROPOSED L-O ZONE, BY CONFLUENCE MANAGEMENT, LLC -CUP-04-012 -Page 5 9. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or othee legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows: 1. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" 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. 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. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved tum around. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal & external roadways. RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMITIAPPROVALFQR A PLANNED DEVELOPMENT ON 3.8 ACRES IN A PROPOSED L-O ZONE, BY CONFLUENCE MANAGEMENT, LLC -CUP-04-012 -Page 6 5. Operational fire hydrants and temporary or permanent street signs are required before combustible constmction begins. 6. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 7. Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 8. The 10 office lots will have an unknown transient populafion 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 aze projected to reach 2800 in the year 2005 and 3800 by the year 2010. 9. Maintain a separation of 5' from the building to the dumpster enclosures 10. In areas determined by the Fire Department to be fire lanes, paint the curb red and provide signage "No Parking Fire Lane." 11. All processes & storage practices shall be required to comply with the International Fire Code. 12. All portions of the buildings located on this project must be within 150' of a paved surface. E. Adopt the Recommendations of the Central District Health Departrnent 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 & Welfaze, 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. 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. RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A PLANNED DEVELOPMENT ON 3.8 ACRES IN A PROPOSED L-O ZONE, BY CONFLUENCE MANAGEMENT, LLC -CUP-04-012 -Page 7 F. Adopt the Recommendations of the Meridian Parks Department as follows: Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. G. Adopt the Recommendations of the Settlers' Irrigation District as follows: All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the White Drain (Parkins Nourse Drain) located at the north property boundary flowing east to west. A 20' easement is required. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement must be on file prior to any approvals. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above- mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. RECOMMENDATION TO CITY COUNCIL FOR CONDITIONAL USE PERMIT APPROVAL FOR A PLANNED DEVELOPMENT ON 3.8 ACRES 1N A PROPOSED L-O ZONE, BY CONFLUENCE MANAGEMENT, LLC -CUP-04-012 -Page 8