CC - Applicant Response to Recommended Conditions of ApprovalAPPLICANT SUBMITTAL FOR LOST RAPIDS (H-2018-0004)
City Council Hearing Date: April 3, 2018
Applicant Response to Recommended Conditions of Approval
Pages 1-4
Applicant Response to March 30 Legal Memo from A.Carroll
Pages 5-6
Proposed Access Findings Through Modification and Variance
Page 7
Summary of PZ/CC Public Testimony from City Clerk website
Page 8 (Packet to Clerk)
APPLICANT RESPONSE TO RECOMMENDED CONDITIONS OF APPROVAL
(All changes proposed by Applicant are noted in red)
B. EXHIBIT B - AGENCY AND DEPARTMENT COMMENTS AND CONDITIONS
1. PLANNING DEPARTMENT
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(s).
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA(s). The DA(s) shall be signed by the property owner(s) and returned to the
Planning Division within six (6) months of the City Council granting annexation.
a. The DA for the property owned by Brighton Corporation (the R-15 zoned property) shall, at
minimum, incorporate the following provisions:
Future development of this site shall substantially comply with the conceptual development plan
and building elevations included in Exhibit A and the conditions included in Exhibit B of the staff
report.
2. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City
of Meridian Architectural Standards Manual, as applicable.
3. Noise abatement in accord with the standards listed in UDC 11 -3H -4D shall be provided for
residential uses adjoining US 20-26/W. Chinden Blvd.
4. Qualified open space and site amenities shall be provided within the development in accord with
the standards listed in UDC 11-3G-3 for residential developments.
5. Prior to issuance of any building permits on the subject property, the property shall be
subdivided.
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(Applicant Comment: The road widening improvements proposed by the overall project relate
to the proposed Costco store within the GGZone—not to the residential uses; thus, LLLa.6
should be deleted.)
b. The DA for the commercial property owned by GFI – Meridian Investments II, LLC (the GG
and R-40 zoned property) shall, at minimum, incorporate the following provisions:
(Applicant Comment. Due to the differences in use and development approvals process,
separate DA's are proposed for the GG and R-40 zoned parcels. Distinction between those
DA's is noted below.)
1. Future development of this site shall substantially comply with the conceptual development plan,
preliminary plat, landscape plan and conceptual building elevations included in Exhibit A and the
conditions contained herein.
2. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City
of Meridian Architectural Standards Manual.
3.
,
indust44afl shall be pfevided
within this development as
pfepesed. Alem., The nfediuni
densily
(Applicant Note: The stricken language is directly from the staff report)
4. Up to two (2) building permits for the Costco Wholesale and associated fuel sales facility
structures are allowed to be issued on the subject property prior to recordation of the subdivision
plat.
5. Prior to issuance of any building permits on this site, a property boundary adjustment application
shall be approved and a Record of Survey recorded for the reconfiguration of existing parcels to
coincide with the boundary of the preliminary plat.
6. Provide a detached 10 -foot wide multi -use pathway within the street buffer along US 20-26/W.
Chinden Blvd. 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 prior to submittal of the final plat for City
Engineer signature and will be subsequently 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 and easement.
7. The street buffer landscaping and multi -use pathway/sidewalk along the entire frontage of US 20-
26/Chinden Blvd. and N. Ten Mile Road shall be constructed with the first phase of development.
8. Business hours of operation in the C -G 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.
9. Qualified open space and site amenities shall be provided within the multi -family portion of the
development in accord with the standards listed in UDC 11-3G-3 for residential developments
and 11-4-3-27 for multi -family developments. (Applicable only to R-40 DA)
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10. A conditional use permit is required for a multi -family development in the R-40 zoning district as
set forth in UDC Table 11-2A-2; compliance with the specific use standards listed in UDC 11-4-
3-27, Multi -Family Development, is required. (Applicable only to R-40 DA)
11. A buffer planted with dense landscaping consistent with the Master Plan in Exhibit A.3 is
required on the commercial portion of the development to the residential uses as set forth in UDC
Table 11-2B-3 in accord with the standards listed in UDC 11 -3B -9C.
12. A maximum gross density of 24 residential units per acre is allowed to develop within the multi-
family residential portion this site. (Applicable only to R-40 DA)
13. As committed to by the Applicant/Developer in response to neighborhood concerns, the
following restrictions shall apply:
a. The primary service access for Costco delivery trucks and other local vendors shall be from
the driveway access via N. Ten Mile Road, approximately 660 feet north of W. Lost Rapids
Drive. The driveway access via W. Lost Rapids Drive driveway, approximately 350 feet west
of N. Ten Mile Road, may be used when access to the Lost Rapids/Ten Mile traffic signal is
needed. Businesses within the development shall notify their delivery providers of this access
preference.
b. A "no thru truck traffic" sign shall be installed between the N. Tree Farm Way intersection
and the W. Lost Rapids Dr. service driveway access.
c. No deliveries shall take place for Costco between the hours of 10:00 pm and 5:00 am.
d. Parking lot lighting shall be designed for 0.0 foot-candles at the property line in accord with
UDC 11 -3A -11C.
e. Lighting on the site shall be reduced to the level necessary only for public safety and security
purposes within one (1) hour of closing.
14. The Applicant/Developer shall coordinate with Valley Ride Transportation (VRT) to determine if
an ADA bus stop is needed on this site; written documentation from VRT should be submitted.
15. Prior to issuance of the first commercial Certificate of Occupancy within this development, the
following improvements shall be completed: SH 2O -26/W. Chinden Blvd. shall be widened to 4
lanes with signal/intersection upgrades from Tree Farm to Linder (1.5 miles); N. Ten Mile Rd.
shall be widened to 4 lanes from Chinden to Walmart (0.80 of a mile); and signals shall be
installed at N. Black Cat Rd. and W. Lost Rapids Dr.
(Applicant Comment: The multi family (R-40) portion of the GFI property may be developed
by separate DA, as noted above, prior to completion of the commercial, i.e., Costco store. Such
action could provide the proposed "building" buffer between Costco and the single-family
residential neighborhood to the south.)
16. Within two (2) years of issuance of the Certificate of Occupancy for the Costco Wholesale
building, SH 2O -26/W. Chinden Blvd. shall be widened to four (4) lanes from N. Tree Farm Way
to SH -16 (1.44 miles), assuming ITD is able to secure the renuired ROW.
(Applicant Comment: Only the Phase 1 road improvements are required to mitigate the
project's impacts. Costco and ITD have agreed to include Phase 2, extending SH 2O-26 from
Tree Farm to SH -16, as an additional component under the STARS agreennent. ITD is
responsible to acquire the ROW needed for the project.)
1.2 Site Specific Conditions — Preliminary Plat
1.2.1 The preliminary plat included in Exhibit A.4, dated 1/12/2018, shall be revised as follows:
a. Depict a cross-access/ingress-egress easement between all lots within the subdivision.
b. Note #5: "Lot 4415 is a non -buildable lot ..."
c. Under Preliminary Plat Data, Zoning, Proposed Zoning, C -G (Lots 2-1415)
d. Depict the street buffers within the residential (R-40 zoned) portion of the development
within a common lot maintained by the homeowner's association; and the commercial
(C -G zoned) portion of the development within a common lot or on a permanent
dedicated buffer maintained by the property owner or business owners' association in
accord with UDC 11 -3B -7C.2.
1.2.2 The landscape plan included in Exhibit A.5, dated 1/12/2018, shall be revised as follows:
a. All internal landscaping and the site plan should be shown in a lighter line type; only
street buffer improvements should be shown.
1.2.3 The entire street buffer and pathway/sidewalk along N. Ten Mile Road and US 20-26/W.
Chinden Blvd. shall be constructed with the first phase of development.
1.2.4 The applicant shall coordinate with Valley Regional Transit to determine if an ADA bus stop
is needed at this location.
1.2.5 All fencing shall comply with the standards listed in UDC 11-3A-7.
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MEMORANDUM
TO: Mayor and Meridian City Council
FROM: Deborah Nelson, Givens Pursley LLP on behalf of Applicant
RE: Lost Rapids –CPAM, AZ. PP, VAR (H-2018-0004)
DATE: April 3, 2018
On behalf of the Applicant for the Lost Rapids Project applications, we provide this response to
the Memorandum in Opposition to Lost Rapids filed Friday, March 30 by Andrea Carroll on behalf of the
Coalition Against Lost Rapids (the "Coalition").
I. Transportation improvements necessary to mitigate Project impacts will be completed prior
to Costco opening.
The Coalition argues it is poor planning to allow the Project to be built ahead of needed
transportation improvements or merely to fill transportation funding gaps. This is not occurring here.
All transportation improvements required to mitigate the Project's impacts on surrounding
roadways will be completed before Costco can receive a certificate of occupancy. Costco will also
construct improvements along SH 20/26 that are above and beyond those required for mitigation within
two years of the Costco opening, provided ITD obtains necessary right-of-way. Costco is working with
ACHD and ITD to utilize the Sales Tax Anticipation Revenue (STAR) Act, I.C. § 63-3641, a funding tool the
Legislature has provided for retail projects making significant road improvements such as this one. The
additional road improvements along SH 20/26 are an added benefit to a Project that otherwise complies
with the City's development criteria.
II. The Meridian City Code supports approval of the Lost Rapids Project.
a. Access to SH 20/26 –Modification or Variance
The Coalition argues "[d]irect access to a state highway is prohibited" and the Project does not
satisfy applicable variance standards. Both arguments are incorrect. UDC § 11-3H-3 allows the City
Council to modify the City's state highway access standards "upon specific recommendation of the Idaho
transportation department". In a letter dated October 18, 2017, ITD recommended approval of the
requested access points onto SH 20/26. Based on the recommendation from ITD—the agency with
jurisdiction over state highways—the City Council is free to modify the state highway access standards in
the City Code.
As an alternate basis for approval, the requested change to the City's access standards also
meets the variance standards in UDC § 11 -5B -4.E and I.C. § 67-6516:
1. The variance does not grant a right or special privilege. The access points will benefit the traffic
flow and utilization of this site and the surrounding road network. ITD, the agency with authority
over SH 20/26, has recommended the access permitted by the variance for the benefit of the
state highway system. This is consistent with prior decisions of the City granting direct access
onto state highways.
2. The variance is required to relieve an undue hardship caused by the characteristics of the site
because the site requires additional access. The shape of the lot, rectangular with significant
frontage on SH 20/26, necessitates midpoint access onto SH 20/26 for traffic flow and safety.
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The surrounding roads and existing access points are insufficient to serve the site; direct access
onto SH 20/26 is necessary to disperse traffic throughout the area.
3. The variance will not be detrimental to the public health, safety, or welfare because ITD, the
agency with jurisdiction to plan, design, and grant access permits onto the state highway
system, has specifically recommended the direct access onto SH 20/26. The direct access will
improve traffic flow and reduce congestion resulting in increased safety. Specifically, direct
access onto SH 20/26 will reduce development impacts and improve traffic flow on surrounding
streets, including W. Lost Rapids Rd. and Ten Mile Rd., which will positively impact neighboring
residences.
Proposed findings for your consideration and approval of the requested access points are
included with this Memorandum.
b. Comprehensive Plan Amendment Zoning and Preliminary Plat
The Coalition argues the remaining applications submitted by Applicant should all be denied
because the required findings are not met. The Coalition does not specify which findings are unsatisfied
or provide specific support for its argument. The City's planning staff has carefully analyzed each of the
findings required for these applications and recommended approval of each. The P&Z also
recommended approval of these applications.
III. The Coalition is not entitled to preliminary review of development agreement terms.
Idaho law does not require the City to include as part of the application record the terms of a
future development agreement. Development agreements are a contract between the City and a
developer that the City may require "as a condition of rezoning" where the City has adopted an
ordinance "governing the creation, form, recording, modification, enforcement and termination of
conditional commitments." I.C. § 67-6511A. Consistent with state law, the City adopted UDC § 11-513-3-
D-2 allowing the City to "require a development agreement in conjunction with the annexation or
rezone pursuant to Idaho Code section 67-6511A."
Further, development agreements merely recite conditions of approval that all interested
parties previously were able to comment on. In this case, the City planning staff has included in the
Project Report specific proposed conditions of approval for inclusion in the development agreement,
which is available for the Coalition's review and comment.
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Access Findings Through Modification and Variance
I. Required Findings for Modification of UDC State Highway Access Standards.
Under UDC § 11-3H-3, the Council may consider and apply modifications to state highway access
standards upon a specific recommendation of the Idaho transportation department.
Based on UDC § 11-311-3, the Council finds that modification of the City's state highway access
standards is warranted. On October 18, 2017, the Idaho Transportation Department submitted agency
comments on the proposed development, which recommended permitting direct access onto SH 20/26 as
submitted by the applicant's plans. Based on this specific recommendation, the Council elects to modify
such standards because direct access onto SH 20/26 reduces development impacts and improves traffic
flow on surrounding streets, including W. Lost Rapids Rd. and Ten Mile Rd., which will positively
impact neighboring residences.
Inaddition to meeting the requirements for modified access standards, the proposed access also meets
the City's variance standards.
II. Required Findings from UDC (Variance).
The 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.
The Council finds the variance does not grant a right or special privilege. The applicant has shown undue
hardship due to site characteristics and that granting the variance for access onto SH 20/26 benefits the
public interest. The Idaho Transportation Department, the agency with authority over SH 20/26, has
recommended the access permitted by the variance for the benefit of the state highway system. This is
consistent with prior decisions of the City granting direct access onto state highways.
B. The Variance relieves an undue hardship because of characteristics of the site.
The Council finds the variance is required to relieve an undue hardship caused by the characteristics of
the site because the site requires additional access. The shape of the lot, rectangular with significant
frontage on SH 20/26, necessitates midpoint access onto SH 20/26 for traffic flow and safety. The
surrounding roads and existing access points are insufficient to serve the site; direct access onto SH 20/26
is necessary to disperse traffic throughout the area.
C. The Variance shall not be detrimental to the public health, safety, and welfare.
The Council finds the variance will not be detrimental to the public health, safety, or welfare because the
Idaho Transportation Department, the agency with jurisdiction to plan, design, and grant access permits
onto the state highway system, has specifically recommended the direct access onto SH 20/26. The direct
access will improve traffic flow and reduce congestion resulting in increased safety. Specifically, direct
access onto SH 20/26 will reduce development impacts and improve traffic flow on surrounding streets,
including W. Lost Rapids Rd. and Ten Mile Rd., which will positively impact neighboring residences.
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PUBLIC TESTIMONY FROM MERIDIAN CITY CLERK PUBLIC RECORDS WEBSITE
For
Lost Rapids H-2018-0004 CPAM / AZ / PP / VAR
APRIL 3, 2018
PZ — Public Testimony Through 03-01
• 826 PZ Entries
• In Favor of Costco 730 (88%)
• Opposed to Costco 91 (11%)
• Comments Only 5
CC — Public Testimony Beginning 03-01
• 267 CC Entries as of 9:00 AM Wednesday, 3/28/18
• In Favor of Costco 221
• Opposed to Costco 41 (Individuals plus petition with duplicate entries)
• Comments Only 5
• 36 "New" CC Entries as of 9:00 AM Friday, 3/30/18
• In Favor of Costco 35
• Opposed to Costco 1
• 26 "New" CC Entries as of 12:15 PM Monday, 4/2/18
• In Favor of Costco 18
• Opposed to Costco 8
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