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CC - Staff Report Revised 1.12Linder Village –AZ, PP, VAR H-2017-0088 PAGE 1 STAFF REPORT Hearing Date: January 16, 2018 (Continued from: November 21, 2017) TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Linder Village – AZ, PP, VAR (H-2017-0088) Note: This project was heard by the City Council on November 21, 2017 with a recommendation of denial from the Commission. The recommendation of denial was based on the Commission’s belief that the proposed conceptual development plan wasn’t consistent with the Comprehensive Plan, specifically the Mixed Use – Community (MU-C) Future Land Use Map (FLUM) designation, and the applicant’s unwillingness to revise the plan as recommended in the staff report. Prior to the Council meeting in November the applicant did submit a revised concept plan that addressed some of the issues noted in the staff report and held a new neighborhood meeting to discuss the changes with neighbors. The Council continued the project to January 16th in order to allow the Applicant additional time to obtain updated traffic counts and submit an updated Traffic Impact Study (TIS) to ACHD based on the revisions to the plans and get a report from ACHD. To date (1/12/18), an updated TIS has not been submitted to ACHD. On December 11th, Staff met with the Applicant and their traffic engineer, ACHD and ITD staff to discuss changes to the concept plan and timing of an updated TIS, which they stated would be 6 weeks after updated traffic counts were collected. The Applicant states that updated traffic counts have been completed; however, an updated TIS has not been submitted to ACHD for review, therefore, a staff report is still not available from ACHD. Staff has included the updated plans submitted by the Applicant in Exhibit A. Sections VII and IX of the staff report have not been updated per the revised plans; however, the conditions of approval in Exhibit B have been updated should the Council decide to move forward with a decision prior to receiving a staff report from ACHD. I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Lynx/DMG Real Estate Partners, LLC, has submitted an application for the following:  Annexation and zoning of 81.61 acres of land from the RUT zoning district in Ada County to the C-C zoning district (64.75 64.41 acres) and the R-8 zoning district (16.87 17.1 acres) in the City;  Preliminary Plat consisting of 16 commercial building lots, 1 residential building lot, 1 common lot and 3 other lots for future right-of-way dedication on 78.29 acres of land in the proposed C-C and R-8 zoning districts; and, Linder Village –AZ, PP, VAR H-2017-0088 PAGE 2  Variance to UDC 11-3H-4B.2 for two (2) accesses via W. Chinden Blvd./SH 20-26. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ, and PP applications; and denial of the proposed VAR application in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. Note: The Variance request does not require action from the Commission; the City Council is the decision making body on this application. The Meridian Planning & Zoning Commission heard these items on August 3, September 7, and October 19, 2017. At the public hearing on October 19, 2017, the Commission moved to recommend denial of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: David McKinney, DMG Real Estate Partners, Applicant; Brian Ballard, Attorney with Hawley, Troxell, Ennis and Hawley; Craig Slocum, CSHQA Architects; Bob Taunton; Diane Wolford; Greg Brown, Russell Corporation; Nate Wheeler; Chris Williams; and Chad Lamer, counsel for Winco Foods. ii. In opposition: Andrea Carroll, land use attorney, representing Protect Meridian; David McKinney (adjacent property owner); Sally Reynolds, representing a group of Paramount residents; Jonathan Kahnoski; Casey Babendure; Roger Lyngaas; Doug Twitchell; Alicia Muhlestein; Lori Badigian; Catherine Turek; and Tony Brownlee. iii. Commenting: John Ringert, Traffic Engineer, Kittelson & Associates; Joe Marshall representing Smart Growth Meridian; and Doug Stewart. iv. Written testimony: David McKinney, Applicant; many letters of testimony have been received (see public record). v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: Ted Baird b. Key issue(s) of Public Testimony: i. Lack of detail on pedestrian and vehicular interconnectivity with the adjacent residential neighborhoods and walkability of the site; ii. Concern regarding the large size of the box buildings/stores and their arrangement on the site in proximity to adjacent residential properties; iii. Concern regarding access via SH 20-26/Chinden Blvd. and the future signal at Chinden/Bergman and resulting traffic impacts (i.e. congestion) and safety; iv. Lack of transition and buffering from existing residences to proposed commercial development (i.e. lesser intense uses should be adjacent to residential uses and transition outward to higher intense commercial uses); v. Opposition to “strip mall” configuration of buildings and massive parking lots; vi. Winco loading docks and trash dumpsters oriented toward residential neighborhood and associated noise and light impacts on neighbors from proposed 24 hour operation; vii. Inadequacy of proposed buffer (6’ wall & trees) between the rear of the Winco building and adjacent residents; viii. Would like the site to be redesigned to be more consistent with the Comprehensive Plan in regard to land use (smaller neighborhood friendly uses/services) and design/layout of the site; ix. Traffic impact on adjacent streets (i.e. Linder Rd. and SH 20-26/Chinden) and within adjacent neighborhoods generated from the proposed uses and safety of elementary school children walking to/from school; x. Proposed building elevations do not blend with nearby structures; xi. Not enough common area and poorly placed; Linder Village –AZ, PP, VAR H-2017-0088 PAGE 3 xii. Objectivity to not having a complete conceptual development plan for the area proposed to be annexed; and, xiii. Infrastructure on SH 20-26/Chinden Blvd and Linder Rd. is not sufficient for a major development such as this & no consideration of public transportation (i.e. bus stop, bus- bicycle hub). c. Key Issues of Discussion by Commission: i. Location of the Winco building at the rear of the site adjacent to residential uses rather than adjacent to the state highway (i.e. Chinden)/arterial street (i.e. Linder Rd.); ii. Concern regarding proposed 24 hour operation of the Winco store and associated noise and light impacts on adjacent residents from deliveries at the loading docks located at the rear of the building; iii. Design of the site plan should be “flipped” with larger more intense commercial uses located adjacent to the state highway and arterial street (i.e. Linder Rd.) with less intense neighborhood friendly uses located near the single-family residential uses – not consistent with MU-C designation; iv. Extent of improvements to SH 20-26/Chinden Blvd. and timing thereof. v. Would like to see how a public street connects from Linder Road to the east boundary of the site for future connection to Fox Run; vi. Lack of integration between the proposed development and the adjacent residential neighborhood; and, vii. Location of the live/work units at the northwest corner of the site adjacent to Chinden in the commercial area rather than adjacent to residential properties at the south boundary. d. Commission Change(s) to Staff Recommendation: i. The Commission voted to deny the project based on the following: proposed site design/layout (i.e. lack of transition and integration with adjacent residential properties), lack of detail on the concept plan for the eastern and southern portions of the annexation area (i.e. no pedestrian or vehicular connectivity with adjacent residential neighborhood and no plan for a street connection between Linder Road and the east boundary for future connection to N. Fox Run Way), the proximity of higher intense commercial uses to single-family residential uses, 24-hour operation of the Winco store and impacts on adjacent residents; traffic; and access – general consensus that the proposed development plan is not consistent with the MU-C designation in the Comprehensive Plan. e. Outstanding Issue(s) for City Council: i. The City Council should consider the Commission’s recommendation of denial and public testimony in making a decision on this application. ii. A revised conceptual development plan has been submitted since the Commission hearing. The City Council should determine if the revisions made to the concept plan adequately address the concerns from the Commission hearing and conditions of approval noted in the original staff report. If so, the City Council should direct staff to prepare an updated staff report based on the revisions to the plan and either remand the application back to the Commission for review and a new recommendation; or, continue the project to a subsequent Council meeting for review and action. If not, the Council may vote to deny the application. III. PROPOSED MOTION Approval After considering all staff, applicant, and public testimony, I move to approve File Number H-2017- 0088 as presented during the hearing on January 16, 2018, with the following modifications: (add any proposed modifications). Linder Village –AZ, PP, VAR H-2017-0088 PAGE 4 Continuance I move to continue File Number H-2017-0088 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0088, as presented during the hearing on January 16, 2018, for the following reasons: (You should state specific reasons for denial) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at the southeast corner of N. Linder Road and W. Chinden Blvd. at 1225 W. Chinden Blvd., in the NW ¼ of Section 25, Township 4N., Range 1W. Parcel No.’s: S0425223010; S0425212480; S0425212420 B. Owner(s): Lynx Investments, LP 712 N. Troutner Way Boise, ID 83712 CCPD, Inc. P.O. Box 203 Pendleton, OR 97801 C. Applicant: Lynx/DMG Real Estate Partners, LLC 2537 W. State St., Ste. 110 Boise, ID 83702 D. Representative: Craig Slocum, CSHQA 200 Broad Street Boise, Idaho 83702 E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning, preliminary plat and a variance. A public hearing is required before the Planning & Zoning Commission and City Council on all of these applications except for the variance, which only requires Council approval, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: July 14, 2017; re-noticed on September 29, 2017 (Commission); November 3, 2017 (City Council) C. Radius notices mailed to properties within 300 feet on: July 7, 2017; re-noticed on September 25, 2017 (Commission); October 30, 2017 (City Council) D. Applicant posted notice on site(s) on: July 25, 2017; re-posted on October 10, 2017 (Commission); November 10, 2017 (City Council) E. Posted to Next Door: August 9 and September 25, 2017 (Commission); October 30, 2017 (City Council) Linder Village –AZ, PP, VAR H-2017-0088 PAGE 5 VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of undeveloped agricultural land, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Commercial (retail/restaurant/vehicle washing facility, fuel facility) and single-family residential uses in Reynard Subdivision, zoned C-3 and MU-DA in Eagle 2. East: Single-family residential properties in Paramount Subdivision, zoned R-8; and vacant/undeveloped property, zoned C-C 3. South: Single-family residential properties in Paramount Subdivision, zoned R-8; and RUT in Ada County 4. West: N. Linder Road; commercial uses, zoned C-G and single-family residential uses in Lochsa Falls Subdivision, zoned R-4 C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site currently exists at the current north terminus of N. Arliss Avenue and N. Bergman Avenue. b. Location of water: Water mains intended to provide service to the subject site currently exist at the current north terminus of N. Arliss Avenue and N. Bergman Avenue, as well as within N. Linder Road, and at the west terminus of W. Director Street. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The North Slough and the Simpson Lateral cross this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS LAND USE DESIGNATION(S): Approximately 54 acres of the annexation area is designated on the Future Land Use Map as Mixed Use – Community (MU-C) and the remaining 24+/- acres is designated Medium Density Residential (MDR). Linder Village –AZ, PP, VAR H-2017-0088 PAGE 6 MU-C: The purpose of the MU-C designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Non- residential buildings in these areas have a tendency to be larger than in Mixed Use – Neighborhood areas, but not as large as in Mixed Use – Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted below (Figure 3-3 in the Comprehensive Plan, pg. 27). Developments should have a mix of at least 3 land use types [i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial]; residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre; non-residential buildings should be proportional to and blend in with adjacent residential buildings; vertically MU-C MDR Linder Village –AZ, PP, VAR H-2017-0088 PAGE 7 integrated structures are encouraged; supportive and proportional public and/or quasi- public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area are required. MDR: The purpose of the MDR designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). TRANSPORTATION: The Master Street Map (MSM) does not depict any collector streets planned across this site. Access is proposed as follows: two (2) accesses are proposed via W. Chinden Blvd./SH 20-26 - one right-in/right-out approximately 450 feet west of the Bergman Way intersection and one full-access in alignment with Bergman Way on the north side of Chinden where a traffic signal will be located when warranted; and three (3) accesses via N. Linder Rd. The Ada County Highway District (ACHD) has jurisdiction of access via N. Linder Rd.; and the Idaho Transportation Department (ITD) has jurisdiction of access via W. Chinden Blvd./SH 20-26. Three (3) stub streets exist to the subject property (i.e. N. Arliss Ave.; N. Bergman Ave., and W. Director Street) – all at the boundaries of the site planned for future residential development. The Idaho Transportation Department (ITD) submitted comments on this application, included in the project file, in regard to access via Chinden Blvd./SH 20-26. The comments state: 1) the access via Bergman Way will be permitted as a temporary full signalized access to remain in place until the construction of a continuous flow intersection (CFI) at Linder/Chinden; 2) the temporary signal will not be installed until the signal warrants are met based on traffic generation of the completed development; 3) the signal will convert to a right-in/right-out, left-in movement with the implementation of the CFI given that a connection has been provided to Fox Run Way and a signal has been allowed on Linder Rd. at site access E; and traffic calming measures to discourage cut through traffic on Bergman Way must be coordinated with the City of Eagle before the full access signal can be put into service – these measures may be considered for inclusion as part of the STAR agreement. Note: The UDC (11-3H-4B) prohibits access via SH 20-26; a variance is requested for Council approval of the proposed accesses via the state highway. CONCEPTUAL DEVELOPMENT PLAN: The applicant submitted a conceptual development plan that depicts commercial pads, a restaurant, a fuel station and live/work along Chinden and in the central portion of the site and 2 areas of strip type commercial buildings for the anchors of the development – one of which is a community grocer (Winco). The southern portion of the site is planned for future residential development which the applicant intends to develop with single-family detached homes along the south boundary adjacent to the same type of uses in Paramount Subdivision and attached or detached homes on the remainder of the residential area. The site plan depicts “future development” on the eastern portion of the site which is proposed to be zoned C-C. Strip type commercial buildings are not desired in MU-C designated areas as stated above in the purpose statement; and the general layout of the site is more consistent with the Commercial than the existing MU-C designation with the more intense commercial uses located at the back of the site away from the transportation corridor and adjacent to residential uses. Therefore, staff recommends the plan is revised prior to the City Council meeting to rearrange and/or detach the buildings so that they aren’t configured in a “strip” (i.e. one way might be to configure them in an “L” shape); and the rear of the buildings which will serve as delivery areas for the stores should not face the future residential development. Specifically, staff recommends the Winco building (and/or adjacent anchor/shops) is reconfigured so that the rear (or portions) of the building faces N. Linder. Linder Village –AZ, PP, VAR H-2017-0088 PAGE 8 GOALS, OBJECTIVES, & ACTION ITEMS: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics):  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) A portion of the site, 17+/- acres, is proposed to be designated for medium density residential uses consisting of attached and detached single-family homes although a specific development plan is not proposed at this time. Staff is unaware of how “affordable” the units will be.  “Provide housing options close to employment and shopping centers.” (3.07.02D) The medium density residential uses designated on this site will provide housing options near employment and shopping uses proposed within this development and across Chinden Blvd./SH 20-26 to the north (i.e. Fred Meyer and other commercial uses). However, because a concept plan is not proposed for that area, it’s unclear how connectivity between the proposed project and existing and future neighborhood may work. If efficient and convenient connectivity does not occur with the first phase, then local traffic will have to exit onto an arterial roadway (Linder) or a State Highway (Chinden) to access the project. A local or collector roadway connecting Linder Road and one or several of the stubs streets in the existing neighborhood, from the proposed project, would allow residents in Paramount to access the site without creating additional congestion on arterial roadways, and also reduce the likeliness and need for out of area cut-through traffic. No employment centers are proposed, but some office type uses could develop on the eastern side of this site in the future. Staff supports housing on this site, close to proposed shopping and future employment.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) There are existing single-family residential detached homes adjacent to the south boundary of this site in Paramount Subdivision and one rural residential property in Ada County at the southwest corner of the site. Single-family detached homes are planned to be developed in the future along the south boundary adjacent to the homes in Paramount Subdivision. The residential property at the southwest corner of this site is designated on the FLUM as MU-C; a development application (i.e. Linder Mixed Use) is currently in process that proposes multi-family and townhome residential and commercial uses on that property. Revisions to the concept site plan should be considered to clarify integration with neighborhood serving commercial uses, or separation from more intense commercial uses. No concept or bubble diagram is shown of how proposed residential will integrate either with the existing neighborhoods, or with the commercial portions of the site. Note: Many letters of testimony have been received by the City from adjacent property owners objecting to the proposed development.  “Locate small-scale neighborhood commercial areas within planned residential developments as part of the development plan.” (3.05.01E) Future and existing residential areas are located on the backside of big box stores, with the small-scale neighborhood serving type pad sites generally located furthest from the neighborhoods. Revisions to the proposed site plan should be made to better comply with intent of Figure 3-3 of the Comprehensive Plan. Linder Village –AZ, PP, VAR H-2017-0088 PAGE 9  “Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings.” (2.01.01C) The proposed grocery store will be within walking distance of residences in the nearby vicinity; however, because other specific uses are not known at this time, staff is unable to determine if other such uses will be provided within walking distance of residential dwellings. Further, the concept plan does not take into account any interconnectivity with the existing residential development to the south.  “Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning.” (3.01.01J) City staff has been coordinating with both the applicant and the transportation authorities (i.e. ACHD and ITD) on this project. The proposed project will preserve right-of-way for future widening projects for SH 20-26. The applicant is proposing to enter into a STAR agreement with ITD to make some off-site improvements to SH 20-26 with Phase 1. These improvements would widen the highway to 4-lanes and improve the Meridian Road intersection in conjunction with ITD’s project to widen the corridor from Eagle Road. The City received a letter from ITD earlier this year, supporting the applicant’s proposal. Since the initial support letter was composed, a key “anchor” tenant has apparently backed-out and ITD is re-analyzing the impacts of this project. The Commission and Council should consider ACHD’s and ITD’s comments when determining appropriate access and circulation for this site. The City has policies limiting access points to arterial roadways and State highways. The submitted site plan shows two direct access points to a State Highway, including a new signal at Bergman Way/Chinden and three access points to Linder Road, an arterial street. Every additional access is a point of conflict that can impact roadway functionality. In coordination and discussion with ACHD, commuters and local residents alike would likely be best served by a signalized access on Linder Road, with an east-west access road to the existing signal at Fox Run Way. City Staff, ACHD Staff and ITD Staff have been in communications with the property owner to the east (Brighton) about a collector-type roadway being constructed through their property to connect to Fox Run Way. While all of the details have not been worked out, Brighton has indicated support and Staff believes this option is best for the overall transportation network. The submitted concept plan shows a dead-end public street where an east-west access road could be extended toward Fox Run Way. While the developer has worked extensively with both ITD and ACHD, much of that work involved requests for additional accesses to both SH 20/26 and Linder Road that would benefit the development. From staff’s perspective, preserving the corridor and access management planning for a site this large should include backage type roads and connectivity to the existing local roadway network, to reduce congestion impacts on State Highway and arterial roadways. Development of this scale proposing full and partial access curb cuts, without additional planned public east-west connectivity through the entire Mixed Use land use areas, does not meet the intent of this policy. Figure 3-3 in the City of Meridian Comprehensive Plan demonstrates how local and collector roadways may be considered to allow cross-access and to facilitate traffic patterns that reduce local and community vehicle trips from impacting regional traffic flow.  “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets).” (3.03.02O) Linder Village –AZ, PP, VAR H-2017-0088 PAGE 10 The project area is currently designated as MU-C and MDR, and ACHD’s Master Street Map does not identify any future collector roadways in this area. There are three local roadways stubbed to the subject property from Paramount Subdivision, with two on the south and one on the east side of the project area. The MU-C FLUM designation describes local and collector roadways being used both to buffer lower density residential from more intense uses, and to provide efficient connectivity and access between uses. The proposed concept plan does not indicate how connectivity will be addressed with existing and established neighborhoods. The site layout shows the less intensive, more community friendly uses furthest from the existing neighborhood (nearer Chinden), and in combination with the proposed road network, makes the transportation network less effective. Staff recommends the concept plan is amended to better address these items consistent with the intent of Figure 3-3 of the Comprehensive Plan.  “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) Pedestrian sidewalks/pathways are depicted on the site circulation plan included in Exhibit A.3 throughout the development with connections from the perimeter sidewalks along Linder and Chinden and to the future residential development on the southern portion of the site.  “Identify transitional areas to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses.” (3.05.03A) The proposed concept plan does not depict any office or other low intensity uses as a transition from commercial to residential uses. Some additional R-8 zoned property is proposed adjacent to the existing R-8 zoned property in Paramount; however, no details of how that area will develop are provided other than the lots directly abutting existing residences will be single-family residential detached units. The concept plan attempts to buffer proposed residential from big box store impacts with a berm, landscape buffer and a screen wall (see Exhibit A.2). As depicted in the mixed-use exhibit above, more intense commercial should be near the major roadways with less intense commercial transitioning to the future and existing residential. As currently proposed, the opposite is shown with less intense commercial uses near the Linder/Chinden intersection and more intense commercial uses closer to the nearby and proposed residences. As such, the proposed concept plan is more of a commercial than a mixed-use development plan. Changes are needed to the site layout in order to be considered consistent with the MU-C designation.  “Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Comments from these service providers are included in Exhibit B of this report.  “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) The proposed development should offer a large variety of commercial and retail opportunities for residents in the northern portion of the City.  “Minimize noise, odor, air pollution, and visual pollution in industrial and commercial development adjacent to residential areas.” (3.06.01B) The proposed site plan shows generous landscape buffers to separate heavy commercial areas from residential areas. However, the applicant is proposing a 24-hour use, with a truck loading dock area facing residentially-zoned areas. Staff has some concerns about Linder Village –AZ, PP, VAR H-2017-0088 PAGE 11 hours of operation for the grocery store, in particular for deliveries with the siting proposed. There may be noise, odor and negative visual impacts if the site plan is approved as submitted. More information is needed with respect to timing and phasing of the landscape material, berms, walls, or other strategies to determine whether the proposed site plan is in compliance with this policy statement. As noted above, staff recommends that the Winco store rotate so that the loading docks are oriented towards Linder Road to minimize impacts to the nearby residents.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development.  “Require neighborhood and community commercial areas to create a site design compatible with surrounding uses (e.g., landscaping, fences, etc.). The concept plan depicts street buffers along Linder and Chinden in accord with UDC standards and a landscaped buffer to future residential uses (see Exhibit A.2).  “Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts, school enrollment, parks, etc).” (3.01.01B) ACHD was provided with a Traffic Impact Study, but as of the writing of this staff report, the analysis is not complete. The narrative provided by the applicant does not supplement the site plan well as little information is provided for staff to make realistic assumptions about how the project will impact the community. Typically, big box developments are less dense, but higher intensity uses than most residential, office, and other retail developments. Staff does realize that a lot of urban services are nearby and some commercial on/near this high- volume intersection is appropriate.  “Consider the adopted COMPASS regional long-range transportation plan in all land-use decisions.” (3.03.02G) The Communities in Motion (CIM) 2040 Plan identifies US 20/26 as a priority corridor with a typology of expressway. It is currently listed as an “unfunded” priority, though some early improvements are pending. The following is a summary from the CIM US 20/26 Priority Corridor Summary. “As a major mobility highway, US 20/26 is experiencing congestion along much of its length but especially between Linder Road and State Highway 55 (Eagle Road), a stretch with only two travel lanes. US 20/26 has been a regional priority for a number of years but it remains unfunded, causing traffic to divert to other routes such as McMillan Road. In addition to high traffic levels on this road, the intersection with State Highway 55 (Eagle Road) is ranked #2 on ITD’s list of high-accident locations. By 2040, daily traffic between Middleton Road and State Highway 55 is expected to increase substantially. o From Middleton Road to Star Road, traffic is projected to more than double, from 12,000 in 2013 to 30,000 in 2040. o From Star Road to Linder Road, traffic is projected to double, from 14,000 in 2013 to 28,000 in 2040.  This would be similar to current traffic on US 20/26 (Chinden Boulevard) in Garden City. o From Linder Road to State Highway 55 (Eagle Road), traffic is projected to increase 80%, from 21,000 in 2013 to 38,000 in 2040. Linder Village –AZ, PP, VAR H-2017-0088 PAGE 12  This would be similar to current traffic on Eagle Road north of US 20/26. o Rush hour driving time between Middleton Road and Glenwood Street is expected to more than double, from 25 minutes in 2013 to 60 minutes in 2040.”  “Consider ACHD’s Master Street Map (MSM) in all land use decisions.” (3.03.04K) As noted in 3.03.02O, the MSM does not show any new arterial or collector roadways in this area. However, if more intensive land uses are proposed closer to existing residential than what the Comprehensive Plan contemplates (which should be located along the arterials), then it is not unreasonable to consider a modified street network. An internal collector type roadway, as shown in Figure 3-3 for the MU-C FLUM designation, would provide external and internal access to the site, reduce local traffic on US 20/26, and buffer the existing and proposed neighborhoods. ACHD has verbally indicated that they would support a future signal on Linder near the fire station to support a collector type roadway and a backage roadway that extends to Fox Run.  “Protect citizen investments in existing public facilities (water, sewer, streets, fire, police, etc.) by encouraging controlled growth through development application reviews and development agreements.” (3.04.01G) The proposed project is surrounded by urban development and would be well served by the City.  “Coordinate with transportation agencies to ensure provision of services and transit development.” (6.02.02H) The applicant should include an ADA bus stop on this property; coordinate the details with Valley Regional Transit. In reviewing development applications, the following items will be considered in all Mixed Use areas: (Staff’s analysis in italics) • Residential densities should be a minimum of six dwellings/acre. A residential density of up to 8 units/acre is proposed in the future residential development area. • Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69. Single-family attached and detached units are proposed to be developed in the future on the R-8 zoned portion of the site. Staff recommends the single-family detached units planned along the south boundary adjacent to existing residential uses transition to higher density residential uses (as desired in Mixed-use areas), which will provide housing for employment uses in the area adjacent to SH 20-26. • A conceptual site plan for the entire mixed-use area should be included in the application. A concept site plan was submitted for this site but only the western portion includes a development plan; “future development” is depicted on the eastern portion of the site (see Exhibit A.2). Because integration and connectivity of uses within the overall transportation network is so important within mixed use areas, staff recommends the development agreement is amended to include a concept plan for this area that is consistent with the Comprehensive Plan, prior to any development occurring within this area. • In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. The concept plan for the eastern commercial area includes a public plaza and esplanade in front of and on the east side of the buildings; a Linder Village –AZ, PP, VAR H-2017-0088 PAGE 13 community meeting place is also proposed at the rear of one of the shops. Staff recommends the buildings are rearranged, such as in an “L” shape or detached to create more of a central common area (rather than directly in front or at the end of the buildings) and to “break up” the “strip.” • The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low- or medium-density residential development. The proposed concept plan depicts a landscape berm and landscape buffer and screen wall on the commercial property adjacent to “future residential development” to the south (see Exhibit A.2); however, no buffering is depicted to residential uses on the eastern portion of the site. Single-family detached homes are proposed adjacent to the existing medium density residential homes in Paramount Subdivision. • A mixed-use project should include at least three types of land uses [i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial]. Exceptions may be granted for smaller sites on a case-by-case basis. The proposed concept plan depicts commercial, residential and entertainment uses in accord with this requirement; however, as proposed does not provide transitioning between uses as desired in the Mixed-use areas. • Community-serving facilities such as hospitals, churches, schools, parks, daycares, civic buildings, or public safety facilities are expected in larger mixed-use developments. Rocky Mountain High School, Paramount Elementary School, a fire station, and a church exist to the south within a ¼ mile of this site. A City park exists approximately a mile away to the west on Ten Mile Road. A community meeting space is also proposed with this development at the rear of one of the shops on the east side of the site adjacent to the plaza. • Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count. The concept plan depicts an esplanade and public plaza at the strip of commercial buildings on the east side of the site; a community meeting space is also proposed at the rear of one of the shops. • All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians. Three (3) stub streets exist to this site that are intended to be extended with development of this site for interconnectivity between the residential and commercial development; however, no connections to these streets are depicted on the concept plan. Without vehicular connections, residents from nearby residential neighborhoods will need to travel out of their subdivisions onto adjacent arterial streets, into the commercial development and back again, which will increase traffic on arterial streets. Staff recommends all of the existing stub streets are extended with development as originally intended for interconnectivity and that at least one of the stub streets is extended with the first phase of development. • Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code. The developer will be required to dedicate right-of-way along Linder Road and within the site as required by ACHD; right-of-way along W. Chinden Blvd./SH 20-26 should be dedicated and/or reserved for future dedication as required by ITD. • Because of the existing small lots within Old Town, development is not subject to the Mixed- Use standards listed herein. The proposed development is not within Old Town. In reviewing development applications, the following items will be considered in MU-C areas: Linder Village –AZ, PP, VAR H-2017-0088 PAGE 14 • Development should comply with the general guidelines for development in all Mixed-Use areas. See above. • All developments should have a mix of at least three land use types. The concept plan depicts commercial, residential and entertainment type uses. • Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre. Residential uses are proposed for approximately 20% of the development area; the future development plan should reflect a residential density of at least 6 units per acre. • Non-residential buildings should be proportional to and blend in with adjacent residential buildings. Staff is concerned with the massing of the buildings adjacent to future and existing residential areas. There are no proportional transitions or blending of scales of non- residential buildings shown on the submitted concept elevations (see Exhibit A.6). Instead, the concept site plan relies entirely on large landscape buffers to separate uses. While these may potentially be very effective in obscuring loading docks (with the right details), it misses the intent of the mixed use designation. Almost all of the smaller-scale non-residential buildings and those most likely to also be neighborhood serving uses, are located along Chinden. The area around the Esplanade tries to correct and accommodate some of this, but without stronger emphasis and co-location of other pedestrian oriented site plan features and uses, is likely to be underused. Both sides of the adjacent drive aisle near to the Esplanade should really work to frame and introduce a sense of space and pedestrian scale, but no information to the east is suggested or shown and could just be more parking, thus potentially discouraging active use and limiting transitional elements. The elevations submitted with future Certificate of Zoning Compliance applications should be proportional to and blend in with adjacent residential buildings. • Vertically integrated structures are encouraged. Two (2) live/work pads are depicted on the concept plan. Staff recommends the live/work pads are located at the periphery of the commercial development near the future residential area rather than in the middle of a busy commercial area and parking area, perhaps near the esplanade/public plaza. • Unless a structure contains a mix of both residential and office, or residential and commercial land uses, maximum building size should be limited to a 30,000 square-foot building footprint. For community grocery stores, the maximum building size should be limited to a 60,000-square foot building footprint. For the development of public school sites, the maximum building size does not apply. The community grocery store proposed on this site is 85,000 square feet (s.f.), which exceeds the 60,000 s.f. limitation by 25,000 s.f. Staff recommends additional public and quasi-public uses are provided in excess of the minimum 5% commensurate with the increase in building size proposed. • Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area are required. Outdoor seating areas at restaurants do not count towards this requirement. The concept plan depicts a public plaza and esplanade in front of and on the east side of the strip of commercial buildings on the east side of the site. A community meeting space is also proposed at the rear of one of the shops. (Note: The internal landscape buffers and planter islands do not count toward the required public/quasi-public spaces/places.) • Where the development proposes public and quasi-public uses to support the development above the minimum 5%, the developer may be eligible for additional residential densities and/or an increase to the maximum building footprint. Because the building footprint for the community grocery store exceeds the 60,000 s.f. limitation in the Linder Village –AZ, PP, VAR H-2017-0088 PAGE 15 MU-C designated area, staff recommends the developer provide additional public and quasi-public uses above the minimum 5% required commensurate with the proposed increase in building size. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District(s): 1. The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated (UDC 11-2A-1). 2. The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways (UDC 11-2B-1). Allowed uses in the C-C district are larger scale and broader mix of retail, office, and service uses and are usually located with access to arterials or nonresidential collectors. B. Schedule of Use: 1. UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed is prohibited. 2. UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C-C zoning district. Any use not explicitly listed is prohibited. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district; and 11-2B-3 for the C-C zoning district. D. Landscaping: Landscaping is required within street buffers in accord with the standards listed in UDC 11-3B-7C. E. Off-Street Parking: NA (not required or reviewed with the subject application) IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Annexation & Zoning (AZ): The applicant requests approval to annex & zone 81.61 acres of land from the RUT zoning district in Ada County to the C-C zoning district (64.75 64.41 acres) and the R-8 zoning district (16.87 17.1 acres) in the City. The proposed zoning is consistent with the FLUM designations of MU-C and MDR for this site. Note: The proposed residential area is approximately 7 acres less than depicted on the FLUM for the MDR designated area. Conceptual Development Plan: The applicant has submitted a conceptual development plan, included in Exhibit A.2, which depicts an 85,000 square foot community grocery store (Winco) as an anchor for the development with a mid-size retail use and retail shops in the southwest portion of the development; mixed use (i.e. office, retail and live/work) in the northwest portion of the development; pad sites adjacent to Chinden Blvd.; and other mid-size retail and entertainment users, shops and restaurants in the middle of the development. A specific development plan for the eastern portion of the site is proposed to be submitted at a later date. Linder Village –AZ, PP, VAR H-2017-0088 PAGE 16 Staff recommends revisions to the plan as stated above in Section VII in accord with the Comprehensive Plan. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed and recommended by staff with this application and in accord with the Comprehensive Plan, staff recommends a DA is required with the annexation containing the provisions included in Exhibit B. B. Preliminary Plat (PP): The applicant proposes a preliminary plat consisting of 16 commercial building lots, 1 residential building lot, 1 common lot and 3 other lots for future right-of-way dedication on 78.29 acres of land in the proposed C-C and R-8 zoning districts. The residential lot (Lot 1, Block 4) is included in the plat as one large lot and will be developed in the future under a subsequent preliminary plat as will the commercial development on the eastern portion of the site depicted as Lot 1, Block 2. Existing Structures: There are no existing structures on this site. Dimensional Standards: The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district and UDC Table 11-2A-6 for the R-8 zoning district. There is no minimum front, rear or interior side setbacks required in the C-C district; however, required street landscape buffers act as a setback where applicable as building encroachment within buffers is not allowed. All of the proposed lots comply with the minimum standards. Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3 and 11- 3H-4. Access is proposed as discussed in Section VII above per the concept plan in Exhibit A.2. The UDC requires access to be taken from a local street when available. There are 3 local streets (i.e. N. Arliss Ave., N. Bergman Ave., and W. Director St.) stubbed to this site; however, the portion of the site that abuts these streets is not being developed now. Staff believes the traffic volume would be far too great for sole access from these streets through the residential neighborhood anyway. Because the intent of the UDC is to limit access points to arterial streets, a Council waiver is required for the proposed accesses via N. Linder Road. The UDC (11-3H-4B.2) prohibits access via SH 20-26 and requires access to a street other than the state highway; the applicant has requested City Council approval of a variance for the (2) accesses via SH 20-26 depicted on the concept plan. A cross-access/ingress-egress easement and driveway is required to be provided to the property to the south (Parcel #S0425233700) in accord with UDC 11-3A-3A in an effort to decrease access points to the arterial street (i.e. Linder Rd.); the developer should work with that property owner to align the driveway/easement with the backage road proposed on that site. An east/west backage driveway is proposed through this site from Linder Road to the east boundary of the commercial area as shown on the circulation plan included in Exhibit A.t, in accord with UDC 11-3H-4B.3. Another such public street is proposed at the south boundary of the site and should extend to the east boundary of the site for extension to N. Fox Run Way. Linder Village –AZ, PP, VAR H-2017-0088 PAGE 17 Traffic Impact Study (TIS): A TIS was prepared for this development and submitted to ITD and ACHD for review with this application. Staff has not received updated comments from ACHD in regards to the revised concept plan. ITD stated that they didn’t feel the change in trip generations would significantly impact the recommendations of the TIS. Landscaping: Landscaping is required to be provided on the site with development per UDC Tables 11-2A-6 and 11-2B-3 in accord with the standards listed in UDC 11-3B. Street buffer landscaping is required to be provided along arterial and collector streets as set forth in UDC Table 11-2B-3 per the standards listed in UDC 11-3B-7C. A 35-foot wide street buffer is required along W. Chinden Blvd./SH 20-26 and along N. Linder Road, both entryway corridors. Any future collector streets will require a 20-foot wide street buffer. Staff recommends the entire street buffer and pathway/sidewalk along N. Linder Road and W. Chinden Blvd./SH 20-26 is constructed with the first phase of development. A 25-foot wide buffer to residential uses is required to be provided on the C-C zoned portion of the site in accord with the standards listed in UDC 11-3B-9C. The concept plan depicts landscape berms and landscape buffer with a screen wall on the commercial property adjacent to future residential uses. The buffers should facilitate pedestrian access from the residential to the commercial development in accord with UDC 11-3B-9C.3. Parking lot landscaping will be required internally within the site in accord with the standards listed in UDC 11-3B-8C with development. Open Space: A minimum of 10% (or 1.69 acres) of the area of the residential portion of the site (16.87 17.1 acres) is required to consist of qualified open space in accord with the standards listed in UDC 11-3G-3B and is required to be provided upon development of the residential area. A future preliminary plat for that area should include qualified open space in accord with this requirement. Site Amenities: A minimum of one qualified site amenity that meets the requirements listed in UDC 11-3G-3C is required to be provided within the residential portion of this site upon development. A future preliminary plat for the residential area should include details on the site amenity(s) proposed. Pathways: The Pathways Master Plan depicts a 10-foot wide multi-use pathway (Eagle Island) along the frontage of this site on N. Linder Road. The pathway is required to be placed in a 14- foot wide public pedestrian easement. The applicant should coordinate with Kim Warren, Park’s Department Pathways Project Manager (208-888-3579), regarding specifications for the pathway. The UDC (11-3H-4C.4) requires a 10-foot wide multi-use pathway within a public use easement along W. Chinden Blvd./SH 20-26. Sidewalks/walkways are proposed throughout the development with connections to the multi-use pathways along Linder and Chinden, to the adjacent properties to the south and east, and to the future development area as shown on the circulation plan included in Exhibit A.3 Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. Detached sidewalks are required along Linder & Chinden, both arterial streets. Waterways: The North Slough and the Simpson Lateral cross this site. These waterways should be piped if not already piped as set forth in UDC 11-3A-6. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. Linder Village –AZ, PP, VAR H-2017-0088 PAGE 18 A semi-private wood screen wall is depicted on the concept plan on the eastern portion of the commercial property adjacent to the future residential development. A CMU wall is proposed behind the community grocer/pet/mixed retail area (see details in Exhibit A.5). Utilities: Street lights are required to be installed along public streets adjacent to the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with the appropriate fire district standards. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed and will be served by the Nampa & Meridian Irrigation district. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18. Hours of Operation: Business hours of operation in the C-C zoning district are limited from 6:00 am to 11:00 pm when the property abuts a residential use or district; extended hours of operation may be requested through a conditional use permit as set forth in UDC 11-2B-3A.4. The Winco store is proposed to operate 24 hours/day. The property as-is without being subdivided, currently abuts a residential use and zoning district at the south boundary of the site. When right-of-way is dedicated for a street between Linder and the east boundary of the site for extension to Fox Run, the commercial property should no longer abut residential property although deliveries at the loading docks will still likely affect adjacent residences. If the Winco store is turned so the rear of the building and loading docks are facing Linder Road as recommended by Staff, deliveries shouldn’t impact the residential neighbors. If it’s not turned, staff recommends the hours of operation are restricted unless otherwise approved by the City Council. Because this is an annexation, provisions above and beyond UDC standards may be implemented through the development agreement if deemed appropriate by the City Council. Building Elevations: Future building elevations are required to be consistent with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual. Conceptual building elevations were submitted for the main anchor (Winco), the mid anchor and the retail shops as shown in Exhibit A.6. Building materials consist primarily of stucco, with smooth and split face CMU, metal panel siding and stone and brick veneer accents. As noted above in Section VII, non-residential buildings should be proportional to and blend in with adjacent residential buildings; future building elevations submitted for design review should demonstrate compliance with this requirement. Certificate of Zoning Compliance (CZC): The applicant is required to submit a CZC application for approval of the proposed use, site layout and building elevations from the Planning Division prior to submittal of a building permit application. Design Review: The applicant is required to submit a Design Review application concurrent with the CZC application for final approval of the site layout and building elevations. The proposed site layout and structures are required to comply with the design standards listed in UDC 11-3A- 19 and the Architectural Standards Manual. C. Variance (VAR): The applicant requests a variance to UDC 11-3H-4B.2, which prohibits new approaches directly accessing a state highway (i.e. SH 20/26). The applicant requests approval of (2) accesses via SH 20/26 as shown on the concept plan included in Exhibit A.2. ITD staff has Linder Village –AZ, PP, VAR H-2017-0088 PAGE 19 expressed to Planning staff that they’re amendable to the applicant’s request for access and that they’re working with the developer on the approval process. The applicant is proposing to enter into a STAR agreement with ITD to make some off-site improvements to SH 20-26 with Phase 1. These improvements would widen the highway to 4- lanes and improve the Meridian Road intersection in conjunction with ITD’s project to widen the corridor from Eagle Road. The City received a letter from ITD earlier this year, supporting the applicant’s proposal. Since the initial support letter was composed, a key anchor tenant (i.e. Costco) has backed-out and ITD is re-analyzing the impacts of this project. When a change or increase in intensity of use is proposed, the UDC requires the owner to develop or otherwise acquire access to a street other than the state highway. The use of any existing approaches is required to be abandoned and removed. Public street connections are only allowed at the section line roads; and the half mile mark between section line roads, and shall be collector roads. The UDC (11-5B-4) allows requests for a variance for the placement and/or number of access points to state highways. In order to grant a variance, the Council is required to make 3 findings: 1) the variance can’t grant a right or special privilege that isn’t otherwise allowed in the district; 2) the variance relieves an undue hardship because of characteristics of the site; and 3) the variance can’t be detrimental to the public health, safety, and welfare (see Exhibit D). Because staff can’t make all of the required findings listed in Exhibit D, staff is recommending denial of the proposed variance application. In summary, Staff recommends approval of the proposed AZ application with the requirement of a development agreement that includes the provisions listed in Exhibit B; approval of the PP application with the conditions contained in Exhibit B, and denial of the VAR application in accord with the Findings in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Conceptual Development & Use Area Plans (dated: 8/4/2017 1/4/18) - REVISED 3. Site Circulation Plan (dated: 8/4/2017 1/4/18) – REVISED 4. Proposed Preliminary Plat (dated: 9/5/2017 1/4/18) – REVISED 5. Proposed Landscape Plan (dated: 9/5/2017 1/4/18) – REVISED 6. Proposed Conceptual Building Elevations (dated: 9/20/2016 & 1/4/18) – REVISED B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary - REVISED D. Required Findings from Unified Development Code Exhibit A Page 1 A. Drawings/Other Exhibit A.1: Zoning Map - 2 - Exhibit A.2: Proposed Conceptual Development & Use Area Plans (dated: 8/4/2017 1/4/18) - REVISED - 3 - CMU wall proposed behind the community grocer/pet/mixed retail area - 4 - Exhibit A.3: Site Circulation Plan (dated: 8/4/2017 1/4/18) – REVISED - 5 - Exhibit A.4: Proposed Preliminary Plat (dated: 9/5/2017 1/4/18) – NOT APPROVED - 6 - - 7 - - 8 - Exhibit A.5: Proposed Landscape Plan (dated: 9/5/2017 1/4/18) & Open Space Exhibit – REVISED - 9 - - 10 - - 11 - Exhibit A.6: Proposed Conceptual Building Elevations (dated: 9/20/2016 & 1/4/18) - 12 - - 13 - - 14 - - 15 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT Prior to the City Council meeting, staff recommends the conceptual development plan in Exhibit A.2 is revised to address inconsistencies with development in the MU-C designated area as discussed in Section VII, as follows: a. The most intense commercial uses should be located along N. Linder Road and W. Chinden Blvd./SH 20-26 and transition to less intense commercial, live/work and residential uses at the south and east boundaries of the site as desired in MU-C designated areas per Figure 3-3 of the Comprehensive Plan. At a minimum, the “strip” commercial buildings depicted along the south boundary of the site should be reconfigured into an “L” shape and/or detached to break up the building mass and uses adjacent to the existing & future residential area and the future east/west street. The rear of the Winco building should face N. Linder Road so that the loading docks aren’t directly adjacent to the existing and future residential area. With an “L” shape, central common areas/public plazas could be provided rather than at the end of and in front of a strip of stores as currently depicted. b. Vertically integrated residential (i.e. live/work) pads should be located on the periphery of the commercial development near future residential uses and less intense commercial uses rather than in the middle of a busy commercial area and parking lot adjacent to the state highway. c. Based on the MU-C designated area (54 acres) and the increase in building size of 25,000 square feet (or 0.57 of an acre), a minimum of 3.27 acres of public and quasi-public uses shall be provided for the development. (Submit an exhibit that demonstrates compliance with this requirement; qualified area is limited to parks, plazas, outdoor gathering areas, open space, libraries, schools, etc. – landscape buffers and planter islands do not qualify. If some of this area will be provided on the on the future development area, include a bubble plan or note to that effect.) Configuring some of the buildings in an “L” shape as recommended could provide a more usable and attractive plaza/public use/gathering area rather than at the end of and in front of a strip of stores as currently depicted. d. Include a street/driveway/pedestrian network that depicts vehicular and pedestrian connectivity between the proposed commercial development and the existing and future residential neighborhood; a street connection between N. Linder Road and the east boundary of the site for future connection to N. Fox Run Way and access to the traffic signal (this will also serve as a “break” or transition between commercial and residential areas); and extension of the existing stub streets. Also include a bubble plan for possible future uses on the “future development” area. 1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall substantially comply with the conceptual development plan, use area plan, circulation plan, fencing plan (including materials), site section, preliminary plat, landscape plan and conceptual building elevations included in Exhibit A and the conditions contained herein. - 16 - b. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. c. One building permit is allowed to be issued on the subject property prior to recordation of the subdivision. d. Non-residential buildings should be proportional to and blend in with adjacent residential buildings in accord with the Comprehensive Plan for mixed use community designated areas. e. Provide an ADA bus stop on the site; work with Valley Ride Transportation (VRT) on the location and details. If VRT determines a bus stop is not needed at this location, the applicant should submit written documentation as such from VRT. f. A minimum of three (3) land use types are required to be provided within this development [i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial]. g. Provide a detached 10-foot wide multi-use pathway (Eagle Island segment) within the street buffer along N. Linder Road in accord with the Pathways Master Plan. A 14-foot wide public pedestrian easement for the pathway is required to be submitted to the Planning Division, approved by City Council and recorded. The applicant shall coordinate with Kim Warren, Park’s Department Pathways Project Manager (208-888-3579), regarding specifications for the pathway. h. Provide a detached 10-foot wide multi-use pathway within the street buffer along W. Chinden Blvd./SH 20-26 as set forth in UDC 11-3H-4C.4. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division, approved by City Council and recorded for the pathway. i. A minimum of 3.27 acres of public and quasi-public uses shall be provided for the mixed use designated portion of the development consisting of parks, plazas, outdoor gathering areas, open space, libraries, schools, etc. – landscape buffers, planter islands, outdoor seating areas at restaurants, etc. do not qualify. j. Business hours of operation for the community grocer (i.e. Winco) shall be limited to the hours between 6:00 am and 11:00 pm due to the location of the loading docks adjacent to an existing and future residential area, unless otherwise approved by City Council. Exception: If the Winco building is turned so that the rear of the structure and loading docks face N. Linder Road as recommended, the hours shall not be restricted unless the use abuts a residential use or district as set forth in UDC 11-2B-3A.4. Comply with the hours of operation for the C-C zoning district listed in UDC 11-2B-3A.4. k. All of the existing stub streets (N. Arliss Ave., N. Bergman Ave. and W. Director Street) shall be extended with this development as originally intended for interconnectivity. At least one of the stub streets shall be extended with the first phase of development for interconnectivity between the commercial development and residential neighborhood. l. The street buffer landscaping and 10-foot wide multi-use pathways along the entire frontage of N. Linder Road and SH 20-26/Chinden Blvd. shall be constructed with the first phase of development. m. Prior to any development occurring on the eastern portion of the site depicted on the conceptual development plan as “future development” and “future residential development”, the development agreement shall be amended to include a concept plan for these areas that is consistent with the Comprehensive Plan for the MU-C designated area, that depicts the following: - 17 - a. Residential densities shall be a minimum of six dwelling units per acre. b. Single-family detached units shall be provided along the south boundary of the site adjacent to existing homes in Paramount Subdivision and should transition to higher density housing to obtain a minimum density of 6 units per acre. c. A public street connection from N. Linder Road to the east boundary of the site for future connection with N. Fox Run Way for access to the traffic signal. d. Transitional uses/buffering between commercial and residential uses. m. It is anticipated that all improvements made by the Applicant to Chinden Boulevard/US 20- 26 as noted in the Idaho Transportation Department (ITD) letter dated 2/24/2017 will be described in a STARS Agreement (subject to agreed upon design, improvement phasing and completion) between the Applicant and ITD consistent with all traffic studies and analysis. 1.2 Site Specific Conditions – Preliminary Plat 1.2.1 The preliminary plat included in Exhibit A.4, dated 9/5/2017 1/4/18, shall be revised as follows: a. Work with the property owner to the south (Parcel #S0425233700) on the location for the driveway stub in order to align with the backage road proposed on that site; depict a driveway stub through Lot 15 18 to the property to the south within a separate common lot covered by an ingress-egress/cross-access easement. b. There is only (1) Block in this subdivision as right-of-way does not divide the property necessitating individual blocks; re-number the lots accordingly and remove Blocks 2, 3 and 4. Depict right-of-way for all future public streets on the plat. c. Revise the plat to reflect any changes required by ACHD. 1.2.2 The landscape plan included in Exhibit A.5, dated 9/5/2017 1/4/18, shall be revised as follows: a. The 5-foot wide sidewalk depicted within the street buffer along N. Linder Road shall be widened to 10-feet as it’s a segment of the City’s multi-use pathway system. b. Depict sidewalks along all public streets in accord with UDC 11-3A-17. c. Depict a sidewalk along the east side of the driveway through Lot 18 to the parcel (#S0425233700) to the south for pedestrian interconnectivity. 1.2.3 The entire street buffer and pathway/sidewalk along N. Linder Road and W. Chinden Blvd./SH 20-26 shall be constructed with the first phase of development. 1.2.4 Provide a cross-access/ingress-egress easement to the property to the south (Parcel #S0425233700) in accord with UDC 11-3A-3A; the developer shall work with that property owner to align the driveway/easement with the backage road proposed on that site. 1.2.5 All fencing shall comply with the standards listed in UDC 11-3A-7. 1.3 General Conditions of Approval – Preliminary Plat 1.3.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.3.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. - 18 - 1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.3.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.3.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.3.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.3.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.3.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.3.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.3.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Standards Manual. 1.3.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.3.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7 and 11-3A-6B as applicable. 1.4 Ongoing Conditions of Approval – Preliminary Plat 1.4.1 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.5 Process Conditions of Approval – Preliminary Plat 1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.5.2 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit application. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Sanitary sewer mains intended to provide service to the subject site currently exists at the current north terminus of N. Arliss Avenue and N. Bergman Avenue. Applicant shall be responsible for the extension of these mainlines through the project. 2.1.2 Water mains intended to provide service to the subject site currently exist at the current north terminus of N. Arliss Avenue and N. Bergman Avenue, as well as within N. Linder Road, and at - 19 - the west terminus of W. Director Street. Applicant shall be responsible for the extension of these mainlines through the project. 2.1.3 A street light plan will need to be included in the final plat and/or building permit application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use 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 will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and - 20 - inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for - 21 - duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs. 4.2 Based on the size of new construction and the location of the sprinkler room in relation to the address side of the structure, the AHJ may require separate Knox box locations. One being at the main, address side entrance and the other at the entrance to the sprinkler riser room. 4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.5 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.7 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.9 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 4.10 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from 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 as set forth in International Fire - 22 - Code Section 507.5.1. 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). d. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). e. 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). 4.11 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 4.12 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9. 4.13 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.14 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 4.15 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least two means of fire apparatus access for each structure. The access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line as set forth in International Fire Code Appendix D104.1. 4.16 COMMERCIAL AND INDUSTRIAL - Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses as set forth in International Fire Code Appendix D104.2. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road and all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 4.17 ALLEY – In all cases, right of ways shall be a minimum of 20’ in width. The entrance to the alley from the public street shall provide a minimum twenty-eight foot (28’) inside and forty-eight foot (48’) outside turning radius. No parking shall be allowed on either side of the street. The minimum distance for alley accessed properties shall be 20’ from the face of a garage to the property line. (International Fire Code Section 503.4) 4.18 As set forth in International Fire Code Section D103.3, the Fire Department is opposed to any landscape island in the middle of a cul-de-sac that may prevent a fire truck from turning around on the end of the court. 4.19 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall be required to provide an additional sixty inches (60”) wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code compliant handicap parking - 23 - stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details. 5. REPUBLIC SERVICES 5.1 Please coordinate trash enclosure design and locations with Bob Olson, Republic Services (208- 345-1265 office, or 208-371-1745 cell; or, email: ROlson@republicservices.com ) prior to submittal of a Certificate of Zoning Compliance application. Also, provide provisions for recycling. 6. PARKS DEPARTMENT 6.1 The applicant is required to comply with the mitigation standards listed in UDC 11-3B-10C.5 for any existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site. 6.2 The Pathways Master Plan requires a 10-foot wide segment of the City’s multi-use pathway (Eagle Island) along the frontage of this on N. Linder Road; the applicant should coordinate with Kim Warren, Park’s Department (208-888-3579) regarding the requirements for the pathway. The UDC (11-3H-4C.4) also requires a 10-foot wide multi-use pathway along SH 20/26. 6.3 Submit a 14-foot wide public pedestrian easement for the multi-use pathway along Linder Road and W. Chinden Blvd./SH 20-26; coordinate the details of the easements with Kim Warren, Pathways Project Manager, 208-888-3579. If the pathways are located within right-of-way, an easement is not required to be submitted to the City. 7. ADA COUNTY HIGHWAY DISTRICT A staff report has not yet been received from ACHD on this project. - 24 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary (REVISED) - 25 - - 26 - - 27 - - 28 - - 29 - - 30 - D. Required Findings from Unified Development Code 1. ANNEXATION & ZONING FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Commission finds that the proposed map amendment to the C-C and R-8 zoning districts is consistent with the MU-C and MDR FLUM designations for this site and should be compatible with existing and future uses in the area. However, the Commission finds the proposed conceptual development plan is not consistent with the MU-C designation in the Comprehensive Plan (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the C-C and R-8 zoning districts is consistent with the purpose statements of the commercial and residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare; however, the Commission finds that if the site is developed in accord with the proposed conceptual development plan that it may be detrimental to the public health, safety and welfare. City utilities are available to be extended at the expense of the applicant. The Commission recommends that the Council consider any oral or written testimony that may be provided when determining this finding. Many letters of public testimony have been submitted for this project. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The Commission finds the proposed annexation of this property is not in the best interest of the City with the proposed conceptual development plan. 2. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat is not in conformance with the adopted Comprehensive Plan in regard to transportation and circulation goals. - 31 - b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services are available to be extended to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The Commission recommends the Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Based on the Staff recommendation and testimony provided at the public hearing, the Commission finds the proposed development will be detrimental to the public health, safety and general welfare due to noise, light and traffic generated form the proposed development. ACHD and ITD consider road safety issues in their analyses. 3. VARIANCE: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; Staff finds granting the proposed accesses via Chinden Boulevard would grant a right or special privilege as the UDC specifically prohibits access via the state highway unless otherwise approved through a variance. b. The variance relieves an undue hardship because of characteristics of the site; and Staff finds there are no unique characteristics of the site that create an undue hardship that granting a variance would relieve; however, this site does have a lot of frontage on SH 20-26 as the site is 2,640 feet wide (frontage on SH 20-26) x 1,290 feet deep (frontage on Linder) which would make sole access to the site via Linder and the (3) existing residential stub streets difficult and inefficient. c. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds granting the variance for additional accesses via Chinden Boulevard, an existing two lane highway, would likely be detrimental to public safety with traffic slowing down to turn into the site and pulling out of the site at a slow rate of speed merging into traffic at a high rate of speed. However, if the highway is widened to 4 lanes as intended through the STAR’s program, Staff finds the proposed accesses shouldn’t be detrimental to the public - 32 - health, safety and welfare if the appropriate improvements are constructed as determined by ITD.