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HomeMy WebLinkAboutResolution Subdivision cupRECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR RESOLUTION SUBDIVISION BY G.L. VOIGT DEVELOPMENT – CUP-03-011 - Page 1 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR TWO RETAIL BUILDINGS ON ONE LOT IN AN L-O ZONE FOR RESOLUTION SUBDIVISION G. L. VOIGT DEVELOPMENT, Applicant ) ) ) ) ) ) Case No. CUP-03-011 RECOMMENDATION TO CITY COUNCIL 1. The property is located on the south-west corner of E. Overland Rd. and S. Millennium Way, Meridian. 2. The owner of record of the subject property is Resolution Business Park, LLC, 1908 Jennie Lee Drive, Idaho Falls, Idaho 83404. 3. Applicant is G. L. Voigt Development c/o Habitec Architects, 1250 E. Iron Eagle Dr. #200, Eagle, Idaho 83616. 4. The subject property is currently zoned L-O (Limited Office). The zoning district 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 two retail buildings on one lot in an L-O zone. A Planned Development within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for the use requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the current Comprehensive Plan Land Use Map designates the property as “High Density Residential” and is currently zoned “L-O”. The Resolution Subdivision project was approved under the former Comprehensive Plan; the new plan and accompanying Future Land Use Map do not reflect the approved plans for Resolution Subdivision. Staff finds that the requested use is in compliance with plans approved by the City of Meridian and it appears that the adopted Future Land Use Map does not accurately reflect the City’s approval of retail uses on the subject lot. 7. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR RESOLUTION SUBDIVISION BY G.L. VOIGT DEVELOPMENT – CUP-03-011 - Page 2 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 Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. Sanitary sewer and water service shall be from existing service lines on the property. 2. The trash enclosure shall be designed and located so that no part of the structure encroaches into a required drive aisle. Coordinate the enclosure location, size, and materials with the Sanitary Services Company (SSC). Design must be in accordance with Ordinance 11-12-1C. 3. 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. 4. The submitted landscape/site plan, prepared by Habitec Architects, dated “14 FEB 03” is approved as submitted. 5. 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. 6. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 7. All parking shall be striped and improved in accordance with the Meridian City Code. 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 RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR RESOLUTION SUBDIVISION BY G.L. VOIGT DEVELOPMENT – CUP-03-011 - Page 3 policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. 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 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. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400’ apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 5. All radii shall be 28’ inside and 48’ outside radius for all entrances and internal roads. 6. All fire lanes shall have an unobstructed width of 20’. UFC 902.2.1 7. The proposed project will have an undetermined transient population. Based on historical run analysis the Meridian Fire Department will respond to one call for service for every 24 people in the service area. This will generate an undetermined number of calls for service at build out. According to a report completed by Fire & Emergency Services Consulting Group in February of 2000 our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010, this is up from 2069 responses in the year 2000. C. Adopt the Recommendations of Central District Health Department as follows: RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR RESOLUTION SUBDIVISION BY G.L. VOIGT DEVELOPMENT – CUP-03-011 - Page 4 1. Submit more detailed information to the Health Department as to whether the buildings will be provided with central sewer and central water and what type of storm water management will be incorporated for the development. D. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. If all storm drainage is retained on site, this proposed project will not impact Nampa & Meridian Irrigation District. However, if the storm drainage leaves the site, a land use change form is required. E. Adopt the Recommendations of ACHD as follows: Comply with the conditions and requirements of Resolution Subdivision AZ-00-004/CUP- 00-015/CUP-00-016/CUP-00-017 Site Specific Requirements: 1. Dedicate 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 3. Provide a stub street to the south property line located 1,000-feet west of the east property line. Provide a paved temporary turnaround at the end of the stub with a temporary easement provided to the District. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 4. Provide a stub street to the east property line located 400-feet south of Overland Road. Provide a paved temporary turnaround at the end of the stub with a temporary RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR RESOLUTION SUBDIVISION BY G.L. VOIGT DEVELOPMENT – CUP-03-011 - Page 5 easement provided to the District. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street, and the design of the turnaround with District staff. 5. Provide a $112,500.00 deposit to the Public Rights-of-Way Trust Fund for 75- percent of the cost to construct a traffic signal on Overland Road for the new collector roadway. The District will construct the signal when it is warranted. 6. Provide a $37,500.00 deposit to the Public Rights-of-Way Trust Fund for 25- percent of the cost of constructing a traffic signal at the Overland Road/Locust Grove Road intersection. The District will construct the signal when it is warranted. 7. Provide a $52,800.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Overland Road abutting the parcel (approximately 2,640-feet) prior to District approval of a final plat, whichever occurs first. 8. Construct a 5-foot wide concrete sidewalk on Locust Grove Road abutting the parcel prior to District approval of a final plat. Locate the sidewalk two feet within the new right-of-way of Locust Grove Road. Coordinate the location and elevation of the sidewalk with District staff. 9. Locate two driveways on Locust Grove Road as follows:  The northern driveway shall be located 550-feet south of Overland Road to align with Peacock Street to the west.  The southern driveway shall be located 75-feet north of the south property line. The driveways shall be constructed 30 to 35-foot wide with 15-foot radii pavement tapers abutting the roadway. Provide 100-feet of stacking for both the inbound and out-bound travel lanes for the driveways. Coordinate the design of the driveways with District staff. 10. Locate three driveways on Overland Road as follows:  480-feet east of Locust Grove Road: provide a minimum of 50-feet of stacking for this driveway.  930-feet east of Locust Grove Road: provide a minimum of 50-feet of stacking for this driveway.  1,280-feet east of Locust Grove Road: provide a minimum of 100-feet of stacking for this driveway. The driveways shall be constructed 30 to 35-feet wide with 15-foot radii pavement tapers abutting the existing roadway edge. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR RESOLUTION SUBDIVISION BY G.L. VOIGT DEVELOPMENT – CUP-03-011 - Page 6 11. Locate two public roads as follows:  off Overland Road 320-feet west of the east property line: locate driveways off this public street a minimum of 100-feet south of Overland Road. The roadway shall be constructed as a 40-foot street section with curbs gutters and 5-foot wide concrete sidewalks within 58-feet of right-of-way.  off Overland Road 850-feet west of the east property line: driveways off this roadway shall be located a minimum of 175-feet south of Overland Road and consecutive driveways are required to align or offset a minimum of 150-feet. The roadway shall be constructed as a 46-foot street section with curbs, gutters, and a 5-foot wide concrete sidewalk within 64-feet of right-of-way. The applicant shall be required to construct a signal for the roadway/Overland Road intersection. Coordinate the design of the signalized intersection with District staff. 12. Locate an east/west road 400-feet south of Overland Road: locate driveways on the east/west roadway a minimum of 50-feet from a public street intersection. The traffic circle within the roadway shall be constructed to provide a minimum of 29-feet wide street section around the traffic circle. A YIELD sign shall be installed at all approaches into the island and a directional island shall be constructed in the street approaches to the traffic circle to guide motorists in the proper direction. The pedestrian crossings shall be located at the intersection to improve pedestrian/vehicular recognition and safety. Coordinate the design of the buffer circle, the traffic control plan and location of the pedestrian crossings with District staff. 13. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 14. Construct a center turn lane on Overland Road and Locust Grove Road abutting the entire site. 15. In accordance with District policy, stub streets to the school parcel abutting this site should be extended upon review of a future application for this site. 16. Other than the access points specifically approved with this application, direct lot or parcel access to Overland Road and Locust Grove Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR RESOLUTION SUBDIVISION BY G.L. VOIGT DEVELOPMENT – CUP-03-011 - Page 7 Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission’s action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. 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. 5. 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. 6. 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. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR RESOLUTION SUBDIVISION BY G.L. VOIGT DEVELOPMENT – CUP-03-011 - Page 8 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 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. 8. 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. 9. 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.