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HomeMy WebLinkAboutWaltman Court Subdivision CUP RECEIVED Nav 2 4 2004 City Of Meridian City Clerk Office STAFF SUMMARY OF PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL Date of Recommendation: November 23, 2004 Project Name: Waltman Court Subdivision Case No(s): PP-04-036, CUP-04-044 Applicant: Buffalo Hump LLC P&Z Commission Hearing Date: November 4, 2204 A. Recommendation: Approve with conditions (all ayes - both applications) B. Summary of Public Hearing: I. In favor: Ross Erickson (Applicant's Representative) 2. In opposition: None 3. Commenting: None 4. Staff presenting application: Steve Siddoway C. Key Issues of Discussion by Commission: 1. Multi-use pathway adjacent to Ten Mile Creek 2. Fencing for the outdoor materials storage area 3. Definition of contractor's yard D. Key Commission Changes to Staff Recommendation: I. Change all references to a "contractors yard" in the report to "storage yard." 2. Amend Preliminary Plat site specific condition #7, second sentence, to read: "The applicant shall work with staff on a detailed fencing plan to be submitted upon application for final plat." 3. CUP site specific condition #3: Delete all except for the last sentence, which requires a screening fence around the storage area. 4. Add CUP site specific condition to read: "Applicant shall file an application with the City of Meridian to amend the existing development agreement prior to approval of this CUP by City Council." E. Outstanding Issue(s) for City Council: 1. Landscaping Plan: The Landscape Plan needed modifications as outlined in Preliminary Plat Conditions of Approval #6. The revised plans have been submitted to the Clerk's office and will be reviewed by staff prior to the Council hearing. 2. Pathwav Design; The applicant, the Parks Director, and P&Z staff met on site on 11/22 to discuss the pathway alignment along the Ten Mile Creek. We are all in agreement that the path should be constructed continuously along the northeast side of the canal adjacent to the this project, but would require a narrower cross-section near Waltman Lane to respond to existing site conditions. This modification should be reflected on the revised plans. Doug Strong will be available at the Council hearing to respond to any questions. 3. Development Agreement: The existing DA includes some potentially confusing language that the property is subject to de-annexation if not developed within a certain number of years-which has passed. To clean this up, a new condition was added by the Commission to require the applicant to submit an application to modifY the DA prior to final approval (Findings) of this CUP application. The Council may also be interested in removing the DA requirement that all uses, including permitted uses, go through a conditional use process. F. Preliminary Plat/CUP Site Plan I. Date of Preliminary Plat reviewed by Commission: October 2 I, 2004 2. Date of CUP Site Plan reviewed by Commission: October 2 I, 2004 3. Date of Revised Preliminary Plat: November 15, 2004 4. Date of Revised CUP site plan: November 15, 2004 G. Recommended Conditions of Approval (as amended by Commission, if applicable) Exhibit A - Preliminary Plat (City staff) Exhibit B - Conditional Use Permit (City Staff) Exhibit C - ACHD Conditions Exhibit D - Irrigation District Conditions Exhibit E - Central District Health Department Conditions EXHmIT A Preliminary Plat Waltman Court Subdivision (File PP-04-036) [P&Z Commission approved additions shown as underline. Deletions shown as~.] Preliminarv Plat Site Specific Conditions of Aooroval (as modified bv P&Z Commission) I. All conditions of the accompanying Conditional Use Permit (CUP-04-044) application shall also be considered conditions of the Preliminary Plat (PP-04-036). 2. The multi-use pathway along the Ten Mile Creek is approved as a 10,foot wide asphalt pathway. The applicant shall work with the City Parks Department to acquire the necessary approvals through the City's Master Pathway Agreement with the Nampa Meridian Irrigation District (NMID). The applicant shall conform to the Parks Department's standards for construction of the pathway. The Busioess Owners' Association shall be responsible for maintenance of all landscaping adjacent to the pathway. 3. Add a note to the plat granting an easement in favor of the City of Meridian on the lots that contain the Ten Mile Creek multi-use pathway. Submit an encroachment agreement for any area of the pathway constructed outside of the boundaries of the plat. 4. Prior to signature of the final plat by the City Engineer, the barn on Lots 2 and 3, Block 2, and all other structures spanning across lot lines shall be removed. 5. Applicant shall be required to connect the existing building on Lot 5, Block 2 to the municipal sewer system when it becomes available. Until such time as municipal sewer is available, the existing septic system may be utilized. Wells may be used for non-domestic purposes such as landscape irrigation 6. The subntitted landscape plan, prepared by Erickson-Civil, Inc., and dated 9-5-04 is not approved as submitted. The following should be included in a revised landscape plan: Provide a 10-foot wide landscape buffer along Corporate Drive and SW 5th Avenue, as proposed. Conifer trees are not allowed within the required buffer area. Landscaping shall be in accordance withMCC 12-13-10. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent nwnber of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. Provide a ntinimum 5-foot wide landscape strip, with one tree for every 35-linear feet, along the north side of the Ten Mile Creek multi-use pathway. Submit 10 copies of a revised landscape plan, depicting the above-mentioned changes, to the City Clerk at least 10 days prior to the next public hearing. 7. Fencing constructed adjacent to the multi-use pathway should be a ntinimum of 5-feet from the edge of pavement. The applicant shall work with staff on a detailed fencine plan to be subntitted uoon aoolication for fmal Dial. Unless otherwise approved by the City, all fencing shall be constructed in accordance with MCC 12-4-10. 8. The applicant shall not be required to tile or cover the Ten Mile Creek. In accordance with Meridian City Code, all other irrigation ditches, laterals or canals that cross, intersect or lie adjacent to the subject site shall be covered or tiled. Any ditch, canal or lateral to be piped shall be 18. 19. shown on plans, which shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confmnation of said approval subntitted to the Public Works Department. 9. Underground vear-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. 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 final plat by the City Engineer. 10. Dedicate a full right-of-way width for Corporate Drive throughout the site and to the southwestern property line (stub) so that a bridge crossing can be made in the future. II. Sanitary sewer and water service to this site shall be via main line extensions from existing mains installed adjacent to the property. The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to the adjacent properties. The Applicant shall coordinate main sizing and routing with the Public Works Department. Cover over the sanitary sewer shall be no less that three-feet from fntish grade to the top ofpipe. 12. Other than the access points that have specifically been approved with this application by ACHD, direct lot access to Corporate Drive is prohibited. 13. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be subntitted 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. 14. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 15. Streetlights will 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. 16. Developer shall coordinate mailbox locations with the Meridian Post Office. 17. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the fmal plates), all sidewalks shall be constructed or a fmancial goarantee that said improvements will be completed shall be provided All lot, parcel and tract sizes shall meet the minimwn dimensional standards as established in the zoning ordinaoce. A note shall be placed on the fmal plat stating that unless otherwise approved, all building setbacks shall meet the requirements of the zoning ordinance in effect at the time of building permit submittal. 2. 3~ 4. 5. 6. 7. 8. 9. 20. Unless otherwise approved through the CUP, minimwn building setback lines shall be in accordance with the zoning ordinance in effect at the time of issuance of building permit( s). 21. Compaction test results must be subntitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 22. A letter of credit or cash surety in the amount of 110% will be required for all landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature of the final plat. 23. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the fmal plat per Resolution 02-374. 24. Plat approval shall be subject to the expiration provisions set forth in MCC. 25. Staff's failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use permit or development agreement does not relieve Applicant of responsibility for compliance. OTHER AGENCY IDEP ARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT CONDITIONS I. Final Approval of the fife hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 \1," 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. Fire Hydrants shall be placed on corners. Fire hydrants shall not have any vertical obstructions to outlets within 10'. e. f. Any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved twn around. All entrance and internal roads shall have a turning radius of 28' inside and 48' ontside. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. Commercial and office occupancies will require a fire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 10. The 5 office/commercial lots lot will have an unknown transient population and will have an unknown iropact on Meridian Fire Department call volwnes. 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. 11. Provide a Knoxbox entry system for the complex. 12. All processes & storage practices shall be required to comply with the International Fire Code. 13. Provide a 20' wide Fire Lane for all internal & external roadways. 14. Any chemical storage on the site will require compliance with IFC and MCC Il-12-3.A. This includes agricultural fertilizers and chemicals. 15. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate flreflghting and lire-prevention equipment and by such safety devises as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC, Uniform Life Safety Code, MCC Il-12-3.C, and the National Safety Foundation publications. SANITARY SERVICE COMPANY 1. Design the enclosure(s) per the standard recommendations of SSC for access, gates, floor/pad, container stops/bwnpers, and dimensions. Coordinate the location and design with SSC. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. MERIDIAN PARKS DEPARTMENT I. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & c. 2. Standard for City to asswne Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 9. 10. EXHIBIT B Conditional Use Permit Waltman Conrt Subdivision (File CUP-04-044) [P&Z Commission approved additions shown as underline. Deletions shown as ~.] Conditional Use Permit Site Specific Conditions of Aooroval (as modified bv P&Z Commission) 1. All conditions of the accompanying Prelintinary Plat (PP-04-036) application shall also be considered conditions of the Conditional Use Permit (CUP-04-044) application. 2. Provide all required building setbacks, open spaces, landscaping, parking and other features required by Meridian City Ordinance and as outlined in this report. At least 10 days prior to the City Council hearing, submit 10 copies of a revised site plan and landscape plan reflecting the features required with this report. 3. lB order Ie I'reteBt the eHistiag eff site reoidenB. en Walt""", L...e !Fe", m,eessi. e IFalHe, noise, "",ok.., fumes, glare er eders generated en this silo, eenslR1ot an g foet tall fonee arBond the 8enlfaBtofS j'æ-d IIRd 1"'" :ide a 15 f..et ido IIIRds8al'e "arrer, '¡lith "affcr -terials as """ined in 12 13 123.J & C aleng the BeRth lIRE! ..eGt sides of tho Ba_lers )ard. In accordance with MCC 1I-13-3.E, construct a screening fence around all area(s) utilized for storage of equipment. 4. Construct a 5-foot wide landscape strip along all interior lot lines that are adjacent to paved vehicular use areas. Landscape materials within the landscape strips shall conform to MCC 12-13- 11-2. 5. In accordance with MCC 11-13-6.C, the applicant shall improve the material storage area on the south side of the proposed building with a dustless material. Staff recommends that recycled asphalt be used, as it does not create drainage problems but does an excellent job of keeping dust down. 6. Off-street parking is approved as shown on the submitted site plan. In accordance with MCC 11- 13-5, all standard parking stalls must be constructed 9 feet by 19 feet minimum and drive aisles must be at least 25-feet wide. All vehicular use areas shall be improved in accordance with Meridian City Code and this report. Project architect shall certify that the number and size of handicap-accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA. 7. The applicant shall coordinate the location and design of trash dumpster(s) with Sanitary Services Company (SSe¡ staff. Trash enclosures must be built in the location and to the size approved by SSC. All dwnpster(s) must be screened in accordance with MCC 11-12-I.C. Prior to issuance of a Certificate of Zoning Compliance (CZC), the applicant shall subntit an approved (stamped) site plan from SSC. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal. 8. Any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved twn around. No signs are approved with this CUP. All signs will require a separate sign permit in compliance with the sign ordinance. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 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 16. 17. Certificate of Zoning Compliance (CZC) from the Meridian Planning .and Zoning Department (MCC 11-19-1). 11. In accordance with MCC 12-13-8 and MCC 9-1-2, an underground, pressurized irrigation system shall be installed to all landscape areas. 12. A drainage plan designed by a State ofIdaho 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 trealtnent 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. 13. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illwnination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 14. 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 II 0% 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. 15. This conditional use permit shall be valid for a maximwn 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. The applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. Aoplicant shall file an application with the Citv of Meridian to amend the existing development agreement prior to aODfoval of this CUP bv Citv Council. EXHmIT C Preliminary Plat Waltman Conrt Subdivision (File PP-04-036) Irrigation District Conditions 1. The Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466- 7861 for further information. 2. All laterals and waste ways must be protected. 3. The District's Ten-Mile Drain courses along the western boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The developer must comply with Idaho Code 3 I -3805. 6. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT C Preliminary Plat/Conditional Use Permit Waltman Court Subdivision (File PP-04-036, CUP-04-044) ACHDCONDITIONSOFAPPROVAL A. Site Specific Conditions of Approval 1. Extend SW 5th Avenue into the site from the north property line and construct it as a 40-foot street section, within 54-feet of right-of-way, with vertical curb, gutter, and 5-foot concrete sidewalks, as proposed. 2. Widen the pavement on Waltman Lane to one-half of a 40-foot street section and construct vertical curb, gutter, and a 5-foot concrete sidewalk abutting the site. 3. Construct Corporate Drive within the site to collector standards for base and pavement depth. The width of the road shall be 40-feet (back-of-curb to back-of-curb). Construct vertical curb, gutter, and 7-foot wide concrete sidewalks, as proposed. Install a sign at the eastern AND western terminus of Corporate Drive stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 4. Provide a temporary easement for fire truck and public turnaround at the eastern end of Corporate Drive, as proposed. Provide the District with a written approval for the turnaround easement from the local fire district. 5. Construct a temporary public turnaround at the western terminus of Corporate Drive, as proposed. Coordinate the design of the turnaround with District Development Review Staff and the local Fire District. 6. Provide the District with a road trust deposit in the amount of$12,700 for the full street improvements (Pavement, vertical curb, gutter, and 7-foot concrete sidewalks, 10% for drainage, and 10% for contingencies) for Corporate Drive (approximately 120-feet) where those improvements at the western terntinus of Corporate Drive are proposed to NOT be constructed at this time. 7. Construct a 30 to 35-foot wide curb return driveway for Lot I, Block I, on the north side of Corporate Drive. This driveway shall be located a ntinirnum of 105-feet (measured near edge to near edge) east ofSW 5~ Avenue and shall be in alignment with the proposed driveway on the south side of Corporate Drive. 8. Construct a curb return driveway, no wider than 35-feet, for Lots 2 and 3, Block 2 on the south side of Corporate Drive. This driveway shall be located a minimum of 1O5-feet (measured near edge to near edge) east ofSW 5th Avenue, and it shall be in alignment with the proposed driveway on the north side of Corporate Drive. (This driveway was proposed to be a shared driveway.) 9. Construct a 30 to 35-foot wide curb return driveway for Lot I, Block 2 approximately 170-feet west ofSW 5th Avenue. 10. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that 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 nwnbers) 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 ofldaho 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. 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 comprontised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. EXHmIT D Preliminary Plat Waltman Conrt Snbdivision (File PP-04-036) Central District Health Department 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storrnwater management system that prevents groundwater and surface water degradation.