HomeMy WebLinkAboutDave Buich CUP
CUP 05-005
MERIDIAN PLANNING & ZONING MEETING
APPLICANT Dave Buich
March 3, 2005
ITEM NO.
17
REQUEST Public Hearing: CUP for a mixed use three story building consisting of retail,
office and residential uses in the o-T zone for Dave Buich - 641 North Main Street
AGENCY
COMMENTS
CITY PLANNING DIRECTOR:
CITY ATTORNEY
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CITY CLERK:
CITY ENGINEER:
CITY POLICE DEPf:
CITY FIRE DEPT:
CITY BUILDING DEPf:
CITY WATER DEPf:
CITY SEWER DEPT:
CITY PARKS DEPT:
No comment
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
See attached comments
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
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Materials p,e.ented at public meeting. .hall become property of the City of Merldlan.
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RECEIVED
FEB 2,22005
City of Me,idian
'1A - .~~ La - & ,""'" --' J. - - ~ City C~Offic.
,~ ,,~-/~ Vi4t!Uet
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
14 February, 2005
Phones: Area Code 208
OFFICE: Nompa 466-7861
SHOP: Nampa 466-0663
William G. Berg Jr., City Clerk
City of Meridian
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Meridi
RE:
CUP 05-005/641 N. Main Street
Dear Will:
If all stonn drainage is retained on-site there will be no impact on Nampa & Meridian
Irrigation District and no further review will be required.
However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation
District requires that a Land Use Change Application is filed for review prior to final
platting. Please contact Donna Moore at 466-7861 for further infonnation.
All laterals and waste ways must be protected. The developer must comply with Idaho
Code 31-3805. Itis recommended that irrigation water be made available to all
developments within the Nampa & Meridian Irrigation District.
Sincerely,
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Asst. Water Superintendent
Nampa & Meridian Irrigation District
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File - Office/Shop
APPROXIMATE IRRIGABlE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
RECEIVED
FEB 22 2005
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1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
15 February 2005
Phones: Area Code 208
OFFICE: Nompo 466-7861
SHOP: Nompo 466.0663
Amber Van Ocker, AlA
LKV Architects
1735 Federal Way
Boise, ID 83705
RE:
LandU;e Cha~g~ Applicatio~-::' Dave Bui~h-:.~~o¡)8rtiiat 641cN:-Maln-si:~.Meridia¡'-
Please note the District now reQuires three (3) sets of plans
Dear Ms. Van Ocker:
Enclosed please find a Land Use Change Application for your use to file with the Irrigation
District for its review on the above-referenced development. If this development is under a
"rush" to be finalized, I would recommend that you submit a cashier's check, money order or
cash as payment of the fees in order to speed the process up. If you submit a company or
personal check, it must clear the bank before processing the application.
Should this development be planning a pressure urban irrigation system that will be owned,
operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P.
Anderson, Water Superintendent for the Irrigation District, concerning the installation of the
pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate
the process of contractual agreements between the owner or developer and the Irrigation
District for the ownership, operation and maintenance of the pressure urban irrigation system.
If you have any questions concerning this matter, please feel free to call on me at the District's
office, or John P. Anderson, at the District's shop.
]~ ~ 7rJ ñù-
Donna N. Moore, Asst. Secretary/Treasurer
NAMPA & MERIDIAN IRRIGATION DISTRICT
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cc: File
Water Superintendent
Will Berg, City Clerk, Meridian City
Greg Hall / Dave Buich, 3533 N. Holl Drive, Eagle, ID 83616-2845
Shepherd Enterprises, LTD. Partnership, 133111th Avenue, North, Nampa, ID 83687-6708
enc.
APPROXIMATE IRRIGABlf ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJEa RIGHTS - 40,000
CITY OF MERIDIAN
PUBLIC HEARING
SIGN-UP SHEET
March 3, 2005
ITEM #
17
DATE
PROJECT NUMBER
CUP 05-005
PROJECT NAME
Dave Buich
NAME (PLEASE PRINn FOR AGAINST NEUTRAL
oJ,¡' W1 _.~ - J '¡(
J
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Christine Donnell
Shaun Wardle
Charles M. Rountree
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05
IDAHO
- 51
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 . FAX 888-6854
STAFF REPORT:
Transmittal Date: February 24, 2005
Hearing Date: March 3, 2005
To:
Mayor, City Council and Planning & Zoning Commission
Josh Wilson, Associate City Planne-' #4-
Bruce Freckleton, Development S~e~ Manager ~
Dave Buich
RE~ C;E lVE ])
MAq 0 1 2005
From:
Of Meridian
CJerk Office
Re:
e
Request for a Conditional Use Pennit for a new mixed use three-story
building consisting of retail, office, and residential uses in the 0- T Zone, by
Dave Buich (File No. CUP-O5-005).
We have reviewed this submittal and offer the following comments, as conditions of the applicant.
These conditions shall be considered in full, unless expressly modified or deleted by motion of the
Meridian City Council:
APPLICATION SUMMARY
The applicant, Dave Buich, has requested approval of a Conditional Use Pennit for a new mixed use
three-story building consisting of retail, office, and residential uses on approximately.41 acres in the
0- T Zone. Professional offices, retail, and apartment buildings are all conditional uses in the Old
Town zone. Currently, a Shell automobile service station exists on the property, which will be
removed for construction of the new building.
The applicant has reviewed the draft Downtown Design Guidelines which have been prepared by the
City of Meridian, but have not been adopted by the City as of the date of this report. The Downtown
Design Guidelines contain specific building and site design stipulations which are intended to
encourage buildings which are compatible with historic downtown buildings and promote pedestrian
activity. Staff has encouraged the applicant to incorporate elements from these guidelines into the
design of the mixed use building proposed by this application, and the applicant has done this, as
evidenced by the submitted plans and the December 14, 2004 letter from Amber Van Ocker.
This report contains several special considerations for the Commission and Council. Upon
resolution ofthose items, staff recommends approval of the project with the conditions noted in this
report.
CUP-O5-O05
Buich.CUP
Planning & Zoning Commission/Mayor & City Council
March 3,2005 (Hearing Date)
Page 2
LOCATION & SURROUNDING USES
The subject property is located at 641 N. Main Street, on the southwest comer of Main Street and
Broadway A venue, in downtown Meridian. The following uses surround the subject property:
North - Farmers and Merchants State Bank, zoned 0- T.
South - Alley and Zamzows feed factory, zoned 0- T.
East - Lumbennen's Building Center and Frontier Tires, zoned O-T.
West - A city-owned parking lot and The Creamery, zoned O-T.
OWNER OF RECORD
The owner of record is Shepard Enterprises Ltd. Partnership, who has given consent for the applicant
to submit the requested application.
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve II conditional use permit
if they shall fmd 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;
Staff finds that the subject property, as depicted, is large enough to accommodate the
required open spaces and landscaping required by the ordinance, but not parking. The
applicant has submitted a Variance application for a reduction in the number of required
parking spaces (VAR-O5-003). The City of Meridian has prepared draft Downtown Design
Guidelines which have not been adopted by the City as of the date of this report and will
apply to projects in the city's downtown core. These proposed guidelines do not require new
buildings in the downtown core, which are built to certain specifications, to provide any off-
street parking. In light of these proposed changes, Staff will support a Variance to the
parking requirements for the proposed structure. If a Variance is approved for the project,
staff finds that the project will meet this requirement.
The proposed mixed use building consists of 8,300 square feet of ground floor retail, 8,460
square feet of second floor office, and third floor residential with four (4) units. Ordinance
requires one (J) off-street parking space per 200 s.f. of gross floor area for retail, one (J) off-
street parking space per 400 s.f. of gross floor area for office, and two (2) parking spaces for
each residential unit, for a total of71 required spaces. The proposed site plan shows 22 off-
street parking stalls, 11 of which are compact spaces. The adjacent city-owned parking lot
contains 32 parking spaces.
CUP-05-005
Buich.CUP
C.
D.
CUP-O5-005
Planning & Zoning CommissionlMayor & City Council
March 3,2005 (Hearing Date)
Page 3
A.
That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
The Comprehensive Plan Land Use Map designates the property as "Old Town" and it is
currently zoned O-T. Old Town "includes the historic downtown and the true community
center. Uses would include offices, retail and lodging, theaters, restaurants and service retail
for surrounding residents and visitors. . .. In order to provide and accommodate preservation
of the historical character, specific design requirements may be imposed" (see
Comprehensive Plan, p. 99). Ordinance 11-8-1, Schedule of Use Control, allows for
professional offices, retail, and apartment buildings through the conditional use process in
the 0- T zone. Staff finds that the requested use will be in compliance with the approved
Future Land Use Map if design requirements are imposed that preserve the character of Old
Town. Staff further finds that if the project is approved as a CUP it will be in compliance
with the MCc.
B.
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;
The surrounding properties vary greatly and include, a bank, a lumberyard, the Creamery,
and a feed mill. Old Town is intended as a mixed use zone. Therefore, staff finds that the
proposed development will not adversely change the existing or intended character of the
general vicinity. Staff finds the design concept to be compatible with the intended character
of the area.
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 that the proposed development will have an adverse impact on
the surrounding property. In the case of the Creamery and other surrounding properties,
the proposed project should actually add further incentive for redevelopment. However,
the Commission and Council should consider any testimony given at the public hearings
before making this finding.
That the proposed use will be served adequately by essential public facilities and
services such as highways, street, police, and fll'e 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 project proposes vehicular access from Broadway Avenue and from the alley to the south
of the property. The Commission and Council will need to reference any written or verbal
testimony submitted by the Meridian Police and Fire Departments regarding their ability to
Buich.CUP
G.
H.
Planning & Zoning Commission/Mayor & City Council
March 3,2005 (Hearing Date)
Page 4
adequately service this project. ACHD approved the proposed project with the conditions
noted in their report. Water and sanitary sewer service to the project is readily available to
the site via mains installed adjacent to the property. [wI]
E.
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 ofthe community;
If approved, the applicant will finance the extension of sewer, water, utilities and pressurized
irrigation to serve the project. The primary public costs to serve the future project 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.
F.
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;
ACHD estimates that the traffic volume would be 3 I 9 additional average daily trips (169
existing) for the originally proposed bank building. Traffic congestion is an ongoing issue for
downtown, the resolution of which is beyond the scope of this project. ACHD staff finds that
the additional traffic created by a revised building should not be excessive. Staff also finds
that no smoke, fumes, glare or odors will result ITom the proposed use.
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;
As discussed above, vehicular approaches are proposed ITom Broadway Avenue and ITom the
existing alley. Staff finds that the proposed use will not create significant interference with
traffic on the surrounding public streets. Please refer to ACHD comments for additional
detail on this issue. According to ACHD staff, the project does not require action by the
ACHD Commission and was approved at stafflevel February 15,2005.
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.
Staff finds that this proposal will not result in the destruction, loss, or damage of a
natural, scenic, or historic feature considered to be of major importance.
SPECIAL CONSIDERATIONS
1.
CUP-O5-005
Silma!!e: No ITeestanding signs are proposed for this project and none are approved. For
Buich.CUP
CUP-O5-005
Planning & Zoning Commission/Mayor & City Council
March 3, 2005 (Hearing Date)
Page 5
wall signs, the applicant has proposed a building signage area of 50 square feet in the form of
a circle which is 8 feet in diameter on the north elevation. The applicant has also proposed
tenant signage areas which are 5 feet by 5 feet (25 square feet) on the east and west
elevations. Since Old Town does not have specific signage regulations, any wall signs
should be regulated by the L-O standards in the zoning ordinance. The type, size, and
locations of signs are approved as proposed with this application.
The L-O District standard for wall signs is no more than eighteen percent (18%) of wall area
(up to a maximum of seventy-five (75) square feet). The sign type, size, and locations are
approved as proposed with this application. All signs will require a separate sign pennit in
compliance with the sign ordinance. The applicant should verify the location and maximum
size for all signs at the hearing. If the building is a multi-tenant structure, all future signs for
tenants will require conditional use approval, unless the sign type, size, and location are
approved with this application. Therefore, staff strongly recommends that the applicant
verify that all desired signage is reviewed with this application. See Site Specific Condition
#2 and Standard Condition #7 below.
2.
Architecture of Structure: Staff is generally pleased with the applicant's effort to design a
structure which is in substantial confonnitywith the proposed Downtown Design Guidelines.
The guidelines contain specific building and site design stipulations which are intended to
encourage buildings which are compatible with historic downtown buildings and promote
pedestrian activity. Staff does have some minor concerns with the peaked roof which is
prominently featured on the east elevation of the building. The proposed Downtown Design
Guidelines strongly encourage the facade of structures to include parapets which are in
keeping with the architectural heritage ofthe downtown core. The Commission and Council
should consider comments ITom the Meridian Development Corporation and public
testimony at the hearing to detennine whether the proposal contains architectural elements
which are appropriate for the development of the downtown core.
3.
Streetscapes: When the Farmers and Merchants State Bank adjacent to this site was
approved through the Conditional Use Pennit process, City Staff, Meridian Parks
Department, the Meridian Development Corporation and the applicant worked together to
develop a streetscape pattem that would set a precedent for development in the downtown
core. Staff recommends that the applicant should be required to coordinate with the
Meridian Development Corporation to obtain the design documents for the streetscape that
was developed for Farmers and Merchants Bank, and implement the design on the subject
site. This design has become the "de facto" streetscape for the development of the
downtown core and includes coordinated streetlights, tree grates, tree spacing, paver inlays,
and other elements. See Site Specific Condition #3.
4.
Allev: The alley to the south of the site is designated as one-way westbound. The applicant
shall provide signage at the intersection of the alley and the south exit to the parking lot
which prohibits left turns into the alley and is clearly visible to traffic exiting the site.
Buich.CUP
Planning & Zoning Commission/Mayor & City Council
March 3, 2005 (Hearing Date)
Page 6
5.
Variance for Parking: The variance submitted by the applicant for a reduction in the number
of required parking spaces (VAR-O5-003) must be approved by the City Council prior to
issuance of this Conditional Use Pennit. The Variance application will be heard
concurrently with this application by City Council.
SITE SPECIFIC CONDITIONS OF APPROVAL
I.
The building and site improvements shan be constructed per the approved plans with all
modifications required by this application.
2.
Wall signs are approved as submitted on the building elevations and shall be regulated by the
L-O standards for signage in the zoning ordinance. No fteestanding signs are approved for
this project. Any additional signs will require a modification of the Conditional Use Pennit.
3.
The applicant shall be required, prior to CZC approval, to coordinate with the Meridian
Development Corporation to obtain the design documents for the streetscape that was
developed for Farmers and Merchants Bank, and implement the design on the subject site.
4.
The applicant shall provide signage at the intersection of the alley and the south exit to the
parking lot which prohibits left turns into the alley and is clearly visible to traffic exiting the
site.
STANDARD CONDITIONS OF APPROVAL
1.
Meridian City Code requires that this site be served with an automatic underground irrigation
system. Use of non-potable irrigation water is required when detennined to be available by
the City Public Works Department as regulated by City Ordinance 9-1-28.
2.
Sanitary sewer and water service shall be ftom the city of Meridian's existing systems
adjacent to the site.
3.
This conditional use pennit shall be subject to the expiration provisions set forth in MCC Il-
17-4.B.
4.
AU standard parking stalls shall be at least 9 feet wide and 19 feet long and all compact staBs
shall be at least 7 Y, feet wide and IS feet long per Ordinance I 1-13 -4.F. All drive aisles
shall be at least 25 feet wide.
5.
All parking areas and drive aisles shall be paved for all uses, in compliance with the
submitted plans. Handicap parking spaces shall be signed and striped in compliance with
Federal accessibility guidelines.
CUP-05-005
Buich.CUP
Planning & Zoning CommissionlMayor & City Council
March 3, 2005 (Hearing Date)
Page 7
6.
All exterior lighting, whether attached to the building or located within the parking lot, shall
be down-shielded or otherwise altered so that the light does not spill over onto adjacent
properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-
13-4C.
7.
All signage shall be in accordance with the standards set forth in this report and Section 11-
14 of the City Zoning and Development Ordinance. All signage shall require separate sign
pennit(s).
8.
All construction and site improvements shall confonn to the requirements of the Americans
with Disabilities Act and the adopted building and fire codes.
9.
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.
Stonn water treatment and disposal must be designed in accordance with Department of
Environmental Quality 1997 publication Catalog ofStonn 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.
10.
Certificate of Occupancy: 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 fonn 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.
OTHER AGENCY COMMENTS
Fire Denartment Comment:
I. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 y," 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 comers when spacing pennits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
CUP-OS-ODS
Buich.CUP
Planning & Zoning Commission/Mayor & City Council
March 3, 2005 (Hearing Date)
Page 8
2. All entrance and intemal roads shall have a turning radius of 28' inside and 48' outside
radius.
3. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane".
4. 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 per Appendix D.
5. The first digit ofthe Apartment/Office Suite shall correspond to the floor level.
6. Provide a Knoxbox entry system for the complex prior to occupancy.
7. All processes & storage practices shall be required to comply with the International Fire Code.
8. Provide exterior egress lighting as required by the International Building & Fire Codes.
9. Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) ITom a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire
hydrants and mains shall be provided where required by the code official. For buildings
equipped throughout with an approved automatic sprinkler system installed in accordance with
Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet
(183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system
installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement
shall be 600 feet (183 m).
10. Buildings over 30' in height are required to have access roads in accordance with Appendix D
Section DI05.
II. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project
as soon as possible.
Sanitary Services Comment:
I. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and
submit stamped (approved) plans with your certificate of zoning compliance application,
Police Deoartment Comment:
CUP-05-005
Buich.CUP
Planning & Zoning Commission/Mayor & City Council
March 3,2005 (Hearing Date)
Page 9
I. The Police Department has no concerns related to the site design submitted with the
application.
Parks Deoartment Comment:
I. Tree Grate and Tree Box standard for Downtown street trees: The proposed tree grate shall
be a 6 foot by 6 foot, cast iron, French pattern tree grate. This grate is available from
Canterbury International. This grate shall be placed in a 6 foot by 6 foot inside diameter tree
box with a steel grate frame set in concrete. Prior to CZC approval, contact Meridian Parks
and Recreation Department for specifications and tree box construction drawings.
RECOMMENDA nON
Upon resolution of the remaining issues raised in this report, staff recommends approval ofthis
application with the aforementioned conditions of approval.
CUP-O5-005
Buich.CUP