Z - Exhibit A (Amended 4-23-19)EXHIBIT A
STAFF REPORT E IDIAIT
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 12/20/2018
DATE:
TO: Planning & Zoning Commission
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2018-0121
Villasport
LOCATION: Southwest corner of E. Ustick Rd. and N.
Eagle Rd. in the NE 1/4 of Section 5,
T. 3N., R.IE.
Parcels: S1105110067; S1105110100
I. PROJECT DESCRIPTION
The Applicant requests a modification to the existing Development Agreement (DA) to remove the
subject property from the agreement and enter into a new agreement for the proposed development;
and a Conditional Use Permit (CUP) to operate an indoor/outdoor arts, entertainment or recreation
facility and spa fromA9 4:00 am to 1&A9 midnight (12:00 am
Ipm for indoor activities and 5:00 am
to 11:00 pm for outdoor activities (seasonal) in the C -G zoning district abutting a residential use and
district as required by UDC 11 -2B -3A.4.
Note: The Planning & Zoning Commission is the decision making body on the CUP application; and
the City Council is the decision making body on the MDA application.
Page 1
II. SUMMARY OF REPORT
A. Project Summary
Acreage
Future Land Use Designation
Existing Land Use
Proposed Land Use(s)
Current Zoning
Proposed Zoning
Physical Features (waterways,
hazards, flood plain, hillside)
Neighborhood meeting date; # of
attendees:
History (previous approvals)
Details
11.39
MU -R (mixed-use regional)
Vacant/undeveloped [tempo -ary uses have been operating on
this site (i.e. r;-o,..orks Ch fistmas tfee salesi
Athletic club (i.e. indoor/outdoor entertainment/recreation
facility) and spa (i.e. personal service)
C -G
NA
The Milk Lateral runs along north and east boundaries of site
July 18, 2018; 6 attendees
ROS #6418 created the configuration of these parcels
approved by the City in 2004. AZ -05-052 (DA #108008770,
Sadie Creek Commons); PP -05-053 and CUP -05-049
(expired); VAR -05-022 (right-in/right-out access via Eagle
Rd.); A-2018-0361 (PBA — currently in process to reconfigure
the 2 existing parcels)
Page 2
B. Community Metrics
Page 3
Description Details Page
Ada County Highway District
• Staff report (yes/no) Not yet received
• Requires ACHD No
Commission Action
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
Traffic Impact Study (yes/no)
Traffic Level of Service
Stub Street/Interconnectivity/Cross
Access
Existing Road Network
Existing Arterial Sidewalks /
Buffers
Proposed Road Improvements
Distance to nearest City Park (+
size)
Distance to other key services
Fire Service
• Distance to Fire Station
1.2 miles (Fire Station #3)
• Fire Response Time
3 minutes (under ideal circumstances)
• Resource Reliability
80% (does not meet target goal of 85%)
• Risk Identification
4 (current resources would not be adequate to supply service
to this project)
• Accessibility
Meets all required road widths and turnarounds
• Special/resource needs
Requires an aerial device; the closest truck company is 9
minutes travel time (under ideal conditions). This need can be
met in the required timeframe if a truck company is required.
In the event of a hazmat event, high angle rescue or water
rescue, mutual aid will be required.
In the event of a structure fire, an additional truck company
will be required which will require additional time delays as
they are not available in the City.
• Water Supply
1500 gallons/minute for 2 hours
Police Service
• Distance to Police Station
3.3 miles
• Police Response Time
3.59 Priority 3; 7.59 Priority 2; 12.56 Priority 1
• Calls for Service
946 — mostly related to narcotic violations
• % of calls for service split
1.4% Priority 3; 67.9% Priority 2; 28.1% Priority 1; 2.6%
by priority
Priority 0
• Accessibility
No issues
• Specialty/resource needs
No additional needs required
• Crimes
• Crashes
100 crashes within a mile of site (11/1/17 — 10/31/18)
Wastewater
• Distance to Sewer Services
• Sewer Shed
• Estimated Project Sewer
ERU's
• WRRF Declining Balance
Page 4
• Project Consistent with
WW Master Plan/Facility
Plan
Water
• Distance to Water Services
• Pressure Zone
• Estimated Project Water
ERU's
• Water Quality
• Project Consistent with
Water Master Plan
• impacis/uoncerns
Grocery Store
COMPASS (Communities in
Motion 2040 2.0)
C. Project Area Maps
Future Land Use Map
0.8 mile
250+/- new jobs
iii! a, ......
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rMTUSTI, •
I,
Medium .
Density �.
zsidential
■ .
.■ EE W
Fps
h:■Low DensitJ
Residentiala
Zoning Map
Aerial Map
Page 5
Planned Development Map
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III. APPLICANT INFORMATION
A. Applicant:
Sadie Creek Commons, LLC — 10789 W. Twain Ave. #200, Las Vegas, NV 89135
B. Owner:
Same as Applicant
C. Representative:
Tamara Thompson, The Land Group — 462 E. Shore Drive, Ste. 100, Eagle, lD 83616
IV. NOTICING
Planning & Zoning
Posting Date
Legal notice published in
11/30/2018
newspaper
Radius notification mailed to
properties within 300 feet 11/27/2018
Nextdoor posting 11/27/2018
Public hearing notice sign posted
12/7/2018
on site
City Council
Posting Date
V. STAFF ANALYSIS
The development agreement modification proposes to remove the subject property from the terms of
the existing development agreement [i.e. Inst. #108008770, AZ -05-052 Sadie Creek Commons] and
enter into a new development agreement for the proposed development.
The previously approved conceptual development plan was for a mixed use development consisting
of 150,000 square feet of commercial retail, restaurant and office uses (see Section VILA). The
provisions in the DA pertain to that development plan and specifically this site.
Page 6
A new conceptual development plan and building elevations are proposed with the subject application
that demonstrates how the property is proposed to develop. The new plan proposes a 99,000+/- square
foot 2 -story building for an athletic club and spa and a 15,300+/- square foot retail building;
associated parking for the proposed uses is also depicted (see Section VII.B).
A Conditional Use Permit (CUP) is proposed to operate an indoor/outdoor arts, entertainment or
recreation facility and spa from 5-00 4:00 am to 1 O:00 midnight ,12:00 am) pm for indoor activities
and 5:00 am to 11:00 pm for outdoor activities (seasonal) in accord with UDC 11 -2B -3A.4. The UDC
limits business hours of operation in the C -G district when the property abuts a residential use or
district; extended hours of operation may be requested through a CUP. This property abuts a
residential use and district to the south, thus the reason for the request.
A. Future Land Use Map Designation(https://www.meridiancity.oL-glcompplan)
Mixed -Use Regional (MU -R)
The purpose of the MU -R designation is to provide a mix of employment, retail, and residential
dwellings and public uses near major arterial intersections. The intent is to integrate a variety of
uses together, including residential, and to avoid predominantly single use developments such as
a regional retail center with only restaurants and other commercial uses. Developments should
have a regional draw with the appropriate supporting uses. Developments are encouraged to be
designed according to the conceptual MU -R plan depicted in Figure 3-5 in the Comprehensive
Plan as shown below.
=iGURE 3-5. MIXED USE RHIOUL GOKERT DIAGRAM
Single Family
r — � F! Resi�erlF�l
Oftce Do
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ArlMial Road
B. Comprehensive Plan Policies (https:llwww.meridiancioy.or /�pplan):
The proposed development promotes the following action items contained in the Comprehensive
Plan:
• "Plan for an encourage services like healthcare, daycare, grocery stores and recreational areas
to be built within walking distance of residential dwellings." (2.01.01C)
• "Develop indoor/outdoor multiple -use facilities (i.e. recreation center, fairgrounds, etc.) for a
variety of recreational, educational, cultural and sports purposes and uses." (6.01.02D)
Page 7
• "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.01F)
• "Require screening and landscape buffers on all development requests that are more intense
than adjacent residential properties." (3.06.01G)
C. Existing Structures/Site Improvements:
There are no existing structures or improvements on this site.
D. Proposed Use Analysis:
The proposed athletic club is classified as an "arts, entertainment or recreation facility, outdoor"
and the spa is classified as a "personal service" in UDC 11-1A-1; both are listed as principal
permitted uses in the C -G district per UDC Table 11-2B-2.
E. Specific Use Standards (UDC 11-4-3):
The proposed athletic club is required to comply with the standards listed in UDC 11-4-3-2, Arts,
Entertainment or Recreation Facility, Indoors and Outdoors, as follows:
A. General Standards:
1. All outdoor recreation areas and structures that are not fully enclosed shall maintain a
minimum setback of one hundred feet (100') from any abutting residential districts. The
playing areas of golf courses, including golf tees, fairways, and greens, are an exception
to this standard. (Ord. 07-1325, 7-10-2007)
The outdoor recreation area as shown on the site plan is within 100' of the abutting
residential district to the south; the site plan submitted with the Certificate of Zoning
Compliance application should be revised to depict the recreation area at least 100'
from the residential district in accord with this requirement.
2. No outdoor event or activity center shall be located within fifty feet (50) of any property
line and shall operate only between the hours of six o'clock (6:00) A.M. and eleven
o'clock (11:00) P.M.
The site plan depicts the pool areas within 50' of the northern and southern property
lines. The site plan submitted with the Certificate of Zoning Compliance application
should be revised to comply with this requirement. Note: The proposed property
boundary adjustment will alleviate this issue on the north boundary.
3. Accessory uses including, but not limited to, retail, equipment rental, restaurant and
drinking establishments, may be allowed if designed to serve patrons of the use only.
The Applicant's narrative states the "VillaCafe " located near the front lobby will serve
both members and the public. Although the specific use standards don't support
accessory uses that serve the public, because the C -G district allows retail and
restaurant uses as principal permitted uses, Staff is amenable to those uses serving
both members and the public as a provision of the DA.
4. Outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker
Systems", of this title, which states, "Any outdoor speaker system associated with the use
shall be located a minimum of 100 feet from all residential districts. No outdoor speaker
systems shall be allowed within a residential district. These standards may be waived
through approval of a conditional use permit."
The Applicant should comply with this requirement.
Page 8
B. Additional Standards for Swimming Pools: Any outdoor swimming pool shall be completely
enclosed within a six foot (6') non -scalable fence that meets the requirements of the building
code in accord with title 10, chapter 1, of this code.
A 6 -foot tall non -scalable fence should be depicted on the site/landscape plan submitted
with the Certificate of Zoning Compliance application that complies with this requirement.
D. Additional Standards for Outdoor Stage or Musical Venue: Any use with a capacity of one
hundred (100) seats or more or within one thousand feet (1,000') of a residence or a
residential district shall be subject to approval of a conditional use permit. (Ord. 05-1170, 8-
30-2005, eff. 9-15-2005)"
Because a residential district and uses exist to the south within 1,000 feet, an outdoor stage
or musical venue is not allowed, unless otherwise approved through a subsequent
conditional use permit.
F. Outdoor Speaker Systems: Outdoor speaker systems associated with the use are required to be
located a minimum of 100 feet from all residential districts, unless waived through approval of a
conditional use permit per UDC 11-3A-13. If outdoor speakers are proposed, they should be
depicted on the site plan outside of the 100 foot area.
G. Dimensional Standards (UDC 11-2):
Future development should comply with the dimensional standards listed in UDC Table 11-2B-3
for the C -G district.
H. Access (UDC 11-3A-3):
Access is proposed to be provided to the site via two (2) accesses from E. Ustick Rd., an arterial
street — one via N. Centrepoint Way, an existing local street; and one via a new driveway in
alignment with N. Cajun Ln. to the south. Access is also available from the south from Eagle Rd.
via E. Seville Ln. from Cajun Ln. Note: The new access driveway via Ustick Rd. does not lie
entirely on this property; therefore, the proposed location relies on approval from the adjacent
property owner — in the absence of this, the driveway will need to be shifted to the west to be
entirely on this site.
The UDC (11-3A-3) limits access to arterial streets when access via a local street is available
unless approved by City Council. Because access to this site is available via two (2) local
streets (i.e. N. Centrepoint Way and N. Cajun Ln.), Council approval of this access is
required. Without Council approval, the access should not be allowed and the site plan
should be revised accordingly.
A cross -access easement exists to this site from N. Cajun Ln., the private street to the south via an
easement depicted on the Bienville Square Subdivision plat (Inst. #106169335; #109001537). A
cross -access easement should be granted from this site to the property to the south as well as
to the out -parcel to the east (#S1105110025).
I. Parking (UDC 11-3C):
Off-street parking is required to be provided on the site in accord with the standards listed in
UDC 11 -3C -6B per the dimensions shown in Table 11-3C-5. In commercial districts, a minimum
of one vehicle space is required for every 500 square feet of gross floor area. Bicycle parking is
also required to be provided at one space for every 25 proposed vehicle spaces in accord with the
standards listed in UDC 11 -3C -5C.
Page 9
Based on the overall square footage of the structures proposed (i.e. 114,300), a minimum of 229
vehicle spaces and 9 bicycle parking spaces are required to be provided. A total of 548 vehicle
spaces are proposed with 22 bicycle parking spaces in excess of UDC standards.
J. Pathways (UDC 11-3A-8):
A segment of the City's multi -use pathway system (sidewalk) exists within this site along the
west side of N. Centrepoint Way in accord with the Pathways Master Plan.
A detached 10 -foot wide multi -use pathway within a public use easement and pedestrian
lighting and landscaping is required to be provided within the street buffer along N. Eagle
Rd./SH 55 in accord with the standards listed in UDC 11 -3H -4C.3.
K. Sidewalks (UDC 11-3A-1 :
A detached 5 -foot wide sidewalk is required along E. Ustick Rd., an arterial street, east of N.
Centrepoint Way (a detached sidewalk exists along Ustick west of Centrepoint); attached 5 -foot
wide sidewalks are required along all local streets, including N. Centrepoint Way in accord with
UDC 11-3A-17. Note: An asphalt pathway exists along each side of N. Centrepoint Way; no
sidewalk/pathway exists along E. Pickard Ln./St.
A 10 -foot wide multi -use pathway is required in lieu of a sidewalk along N. Eagle Rd./SH 55.
L. Parkways (UDC 11-3A-17):
All parkways should comply with the standards listed in UDC 11-3A-17. The parkway that exists
between the curb and sidewalk along Ustick Rd. west of Centrepoint is currently gravel; this area
will need to be improved in accord with the standards listed in UDC 11 -3B -7C.
M. Landscaping (UDC 11-3B):
A 35 -foot wide street buffer is required along N. Eagle Rd./SH 55 and E. Ustick Rd., both
entryway corridors; and 10 -foot wide street buffers are required along local streets as set forth in
UDC Table 11-2B-3. All street buffers are required to be landscaped in accord with the standards
listed in UDC 11 -3B -7C.
There are no existing trees on the site being removed that require mitigation.
N. Waterways (UDC 11-3A-�:
The Milk Lateral runs along the north and east boundaries of this site. The Applicant proposes to
re-route and pipe the facility in accord with UDC 11-3A-6.
O. Fencing (UDC 11-3A-6, 11-3A-7):
There is an existing 6 -foot tall solid wood fence along the southern boundary of the site that is
owned by the adjacent property owner and is proposed to remain. A 6 -foot tall masonry screen
wall is proposed along the west boundary adjacent to residential uses to match that on the
property to the south as shown on Sheet L1.50 of the landscape plan, detail 4.
P. Utilities (UDC 11-3A-21):
Connection to City water and sewer services is required.
Street lighting is required to be installed in accord with the City's adopted standards,
specifications and ordinances.
See Section VIII -B Below for Public Works comments/conditions.
Page 10
Q. Pressurized Irrigation (11-3A-15)
An underground pressurized irrigation system is required to be provided within the development
as set forth in UDC 11-3A-15.
R. Storm Drainage 11-3A-18
An adequate storm drainage system shall be required in all developments in accord with the
City's adopted standards, specifications and ordinances. Design and construction shall follow best
management practice as adopted by the City.
S. Structure and Design Standards (UDC 11-3A-19 I Architectural Standards Manual):
Conceptual building elevations were submitted for the future athletic club as shown in Section
VII.B. Final design of the structure should be consistent with the design standards listed in
the Architectural Standards Manual.
Parking lots for properties greater than 2 acres in size should not have more than 50% of
the total off-street parking area for the site located between the building fagade and the
abutting streets; as an alternative, the parking area should be screened by berms,
landscaping, walls, architectural elements or a combination of these elements to produce an
appropriate buffer adjacent to public spaces and roadways as set forth in UDC 11 -3A -
19B.3. Traffic calming measures should be provided where vehicle circulation is directed in
front of the building entries.
A continuous internal pedestrian walkway that is a minimum of 5 feet in width is required
to be provided from the perimeter sidewalk to the main building entrance(s) and be
distinguished from the vehicular driving surfaces through the use of pavers, colored or
scored concrete, or bricks as set forth in UDC 11 -3A -19B.4.
T. Certificate of Zoning Compliance/Design Review
A Certificate of Zoning Compliance and Design Review application is required to be submitted
and approved prior to submittal of a building permit application. Plans submitted with these
applications should comply with UDC standards and the design standards in the Architectural
Standards Manual.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed modification to the Development Agreement and the
conditional use permit applications in accord with the provisions in Section VWA. VIII
Note: The driveway access via E. Ustick Rd. requires Council approval of a waiver to UDC H -
3A -3, which limits access via arterial streets when access via a local street is available. In this
case, access is available via (2) local streets. If a waiver is not approved, the site plan should be
revised accordingly. Council action is needed on this request.
B. Commission:
The Meridian Planning and Zoning Commission heard this item on December 20, 2018. At
the public hearing, the Commission moved to approve the subiect CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Tamara Thompson, The Land Group; Mike Fassler
ii. In opposition: None
Page 11
iii. Commenting: Jared Schofield; Steve Grant; Shaun Wardle; Jeff Vrba; David Park,
Jackson Square HOA
iv. Written testimony: David Durfee
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key Issues of Public Testimony:
i. Objection to hours of operation before 6:00 am;
ii. Concerns pertaining to the adequacy of the buffer (trees/landscaping will take a
long time to mature) along the west boundary of the site and parking lot lighting
impacting adjacent residential uses;
iii. Concern pertaining to an increase in traffic in this area and public safety;
iv. Objection to the proposed hours of operation — in favor of 9:00 am to 10:00 pm with
outdoor speakers limited to 9:00 pm;
v. Not in favor of the proposed height of the building, request for a shorter building
that would impact adjacent residential neighbors less;
vi. Concern pertaining to noise generated from the proposed use and its impact on
residential neighbors.
c. Key Issues of Discussion by Commission:
i. The proposed hours of operation for the outdoor activitv center and outdoor
speakers;
ii. Requirement for the separation between outdoor recreation areas to be measured
from the property line of adjacent residential structures rather than from the
residential zoning district.
d. Key Commission Changes to Staff Recommendation:
i. Strike the last sentence in condition #2.1k in Section VIII.A pertaining to
construction of an off-site sidewalk along Cajun Way at the recommendation of
Staff since there will likely be a driveway in that location in the future.
ii. Modify condition #2.1 a in Section VIIIA to reflect the Commission's interpretation
of UDC 11-4-3-2A.1 to reflect setback measurement from any residential property
line with a home, rather than from a residential district;
iii. Modify condition #2.2 in Section VIII.A to adjust the hours of operation as
approved by the Commission;
iv. Include a new condition requiring the Applicant to work with Planning Staff to
create a sound buffer to mitigate some of the noise concerns between the pool area
and neighboring homes (#2.9 in Section VIII.A).
v. Include a new condition requiring the Applicant to work with Planning Staff and
ACHD to create a crosswalk for pedestrian access to the facility from the west
parking lot 02.10 in Section VIII.A).
C. City Council:
he City Council heard the request for City Council review of the Planning & Zoning
Commission's decision on the conditional use permit on April 2, 2019. At the public hearing.
the Council moved to approve the subject CR request. Concurrently. City Council heard -a
request for a Development Agreement Modification & Variance (H-2018-0121: H-2019aftnL
-
Page 12
1. Council approved a waiver to UDC 11-3A-3 for an access driveway via E. Ustick Rd.
(strike condition #2.4 in Section VIIII:
2. Modify condition #A.2.1d in Section VIII to allow setback proposed with Variance for
outdoor activity centers: change to hours of operation for outdoor activities to 5:00 AM
instead of 6:00 AM: and the slide associated with the swimming pool to close at 9:00
PM.
3. Modify condition #A.2.la in Section VIII to allow the setback for outdoor recreation
areas abutting residential districts as shown on the site plan approved with the variance
(H-2019-0032).
4. Modification to condition #A.2.Ic in Section VIII to reflect Council approval of a waiver
to not require the outdoor speaker system to be located 100' from all residential
districts: and to include the Applicant's agreement to limit the hours of operation of the
outdoor speaker system from 9:00 AM to 9:00 PM.
5. Modification to #A.2.2 in Section VIII to reflect approval of outdoor activities
commencing at 5:00 AM instead of 6:0 -0 --AM
VII. EXHIBITS
A. Existing Development Agreement Provisions & Conceptual Development Plan (AZ -05-052,
Instrument No. 108008770)
Link to full version of Development Agreement: Sadie Creek Promenade AZ -05-052
Applicable Development Agreement Provisions:
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's
Zoning Ordinance codified at Meridian Unified Development Code § 11-213 which are
herein specified as follows:
Construction and development of up to 150,282 square feet of retail/restaurant/ and
office uses in a proposed C -G zone on 7.7 acres pertinent to this AZ 05-052 application.
The 36.33 acre site, which includes a portion of this project, was approved for annexation
with a Development Agreement in April, 2004 under the name of Kissler Annexation
ale no. AZ 03-018). The DA, instrument no. 104107406, requires that any future use
be approved either though a site specific CUP application or a Planned Development. A
concept plan for the overall site was submitted with the AZ 05-052 application for
informational purposes.
This entire project consists of 15.33 acres a preliminary plat and conditional use permit
was submitted and approved (PP -05-053, and CUP -05-049) which satisfies the CUP
condition of the previous DA agreement. Certificates of Zoning Compliance are
required for all buildings in this project.
4.2 No change in the uses specified in this Agreement shall be allowed without modification
of this Agreement.
Page 13
DEVELOPMENT IN CONDITIONAL USE: Owner/Developer has submitted to City an
application for conditional use permit site plan dated September 15, 2005, and shall be required
to obtain the City's approval thereof, in accordance to the City's Zoning and Development
Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of
construction of any buildings or improvements on the Property that require a conditional use
permit. No new buildings are approved for construction under this conceptual CUP/PD
application. All future buildings shall require approval of design review at staff level prior to
submittal of any Certificate of Zoning Compliance application and/or building permit
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
6. 1. Owner/Developer shall develop the Property in accordance with the following special
conditions:
1. That all future uses shall not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare
or odors.
2. That all future development of the subject property shall be constructed in accordance
with City of Meridian ordinances in effect at the time of the development.
2. That the applicant be responsible for all costs associated with the sewer and water
service extension.
3. That any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be used for non-domestic
purposes such as landscape irrigation.
4. That prior to the issuance of any certificate of zoning compliance all landscaping shall
be constructed along the western property boundary and along Ustick Road to the point
of connection with Sadie Creek Avenue. These office lots should include either a
permanent easement or be redesigned to include landscaping in common lots including
masonry block wall on western boundary.
5. That the maximum square footage of one single building shall not exceed 75,141 square
feet, which is %2 of the maximum requested of 150,282 square feet
6. That all buildings along the western property boundary shall be single story buildings
designed to discourage views and access facing the west, unless required for
emergency access. Furthermore, these office lots shall have hours of operation
consistent with office operations which have been determined to be 6 am — 10 pm.
7. That the applicant shall redesign the site to meet the 300' standard separation for drive
thru uses with this application or variance is obtained.
8. That all access for Sadie Creek Promenade Subdivision shall be taken from Ustick
Road at points determined by ACRD.
9. That Lots 1 and 2 of Block 2 of the site plan dated September 15, 2005 are for office
uses only. Non retail uses shall be located on these lots. All other lots shall be limited
to Office/Retail/Restaurant/Drive thru uses and General Commercial uses listed as
permitted in UDC Table 11-2B-2. Any uses (excepting Drive Thru) not listed as
permitted shall be subject to conditional approval.
Page 14
10. That the western most public road referenced to as Sadie Creek Avenue may be
renamed as approved by the Ada County Street Naming Committee. The road name
has been approved as Centrepoint Way.
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Elevations (dated: 7/17/18)
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Page 15
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Page 17
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
Note: The following section has been removed from the CUP Findings as there is a separate
Findings document for the Development Agreement modification application.
1. Development Agreement Modification
(Inst.108008770) n new DA shall be entered into between the City of Meridian, the
pr-opeFty owner -(s), developef. The existing DA shall be amended to rename
Cur-Fently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior -
to 6erirmeneement of new PA. The PA shall be signed =eer-tyow ow
r-etumed to the Planning Division within six (6) months of the City Cotmeil
appfoval of the development . t modification. The DA sh , ll at
00 0„
ite the fool ... ;
a. F-tittwe development of this site shall be gener-ally eonsistefit with the eoneeptual
development plan and building elevations included in Seetion Vil and the provisions
nt oa ho
o. No outdoor- event 4ef shall be loeated within fifty f�et (50') of afly
pt:ope4y line and shall oper-a4e only between the hotif:s of six o'eloek (6:00) A.M. and
eleven 'eloek (11:00) RM asst f i4h in Tmr 11-4-3 22A�
El. An oldtdoor- stage of fFmsieal vefpae is prohibited on this site as the site is within 1,000
feet of a fesidential distfiet and stteh uses afe not allowed, wiless approved thr-offgh-a
eonditionaltiac peFiii; etfoi4h in UDG 11 n Z 7r
e. Outdoor- speaker- systems assoeiated with the athletie olub (i.e. outdoo-r-
entei4ainmentifeer-eation ",-.red to be loeated a minimum of 100
pefmit per- UDC; 11 3A 13.
fl. Constfuet a 6 �qot tall masopwy ser-een wall along the west boundat-y of the site
Detail +n, Sheet z1.508 the se&� unznch rde nSee z9n VlrT
g. Retail and r-esta+ifafit uses shall be allowed as aeeessof:y ttses to the athletio ekib a*El
may serve member -s of the eltib as well as the p4lie.
h. A efoss aeeess/ingfess egress easement shall be gr -anted for aeeess ffom this pr-oper-ty
to N. Gajttn Piea-Fd Ln. to the south and to the ou4 par -eel to the east (Par -M
#S 1105110025). A r-eeor-ded eopy of said easement(s) shall be submitted to the
-Planning Division with the Ceftifieate of Zoning Gomplianee appliea
i. The pFoposed driveway aeeess via E. Ustiek Rd. is not allowed unles
approved by City Couneil to UDC 41 3A 3,,A,hieh limits aeeess via aFter-ial
streets when aeeess via a Leal street ; available.
Page 18
2. Conditional Use Permit
2.1 The site/landscape plan submitted with the Certificate of Zoning Compliance
application shall be revised to comply with the following conditions:
a. All outdoor recreation areas and structures that are not fully enclosed shall
maintain a minimum setback of one h,mdr-ed feet (100'` from any abutting
residential districts as fet4h in UPC 1 ^ 3as shown on the site elan
approved with the variance included in Section VILB (H-2019-00321. ,
b. Depict/label a 6 -foot tall masonry screen wall along the west boundary of the site
consistent with that shown on Detail #4, Sheet L1.50 of the landscape plan.
C. ,
the leeatieft of sueh shall be depieted
on the plans at least 100 feet ftem all r-esi den4ial distr-iets, unless waived thfough
City Council waived
this requirement with the Council Review request; however, the Applicant did
agree to limit the operation of the outdoor speaker system from 9:00 AM to 9:00
PM.
d. The outdoor event or activity center, which includes but is not limited to the
swimming pools, shall not be located within fly six feet (38 6) of any property
line as shown on the site plan approved with the variance (H-2019-0032) and
shall operate only between the hours of si* five o'clock (65:00) A.M. and eleven
o'clock (11:00) P.M. as set forth in UDC 11-4-3-2A.2 with the exception of the
water slide associated with the swimming pool shall close at 9:00 P.M. (the pool
may stay open until 11:00 P.M.).
e. The outdoor swimming pools shall be completely enclosed within a six foot (6)
non -scalable fence that meets the requirements of the building code in accord
with title 10, chapter 1, of Meridian City Code as set forth in UDC 11-4-3-2B.
f. Depict a detached 5 -foot wide sidewalk along E. Ustick Rd., an arterial street,
east of N. Centrepoint Way; and an attached 5 -foot wide sidewalk along N.
Centrepoint Way, a local street, in accord with UDC 11-3A-17. An attached
sidewalk shall also be required along the north/south driveway via Ustick Rd. if
the access via Ustick is approved by City Council.
g. Parking lot design shall comply with the standards listed in UDC 11-3A-19B.3a,
which requires no more than 50% of the total off-street parking area for the site
to be located between building facades and abutting streets.
h. Traffic calming measures shall be provided where vehicle circulation is directed
in front of the building entries.
i. A continuous internal pedestrian walkway that is a minimum of 5 feet in width is
required to be provided from the perimeter sidewalk to the main building
entrance(s) and be distinguished from the vehicular driving surfaces through
the use of pavers, colored or scored concrete, or bricks as set forth in UDC
11 -3A -19B.4.
j. A 35 -foot wide street buffer is required along E. Ustick Rd. and N. Eagle Rd.,
entryway corridors, in accord with UDC Table 11-2B-3; landscaping is required
Page 19
in accord with the standards listed in UDC 11 -3B -7C. Correct the calculations
table to reflect the required width.
k. A pedestrian walkway shall be extended from the sidewalk along the east side of
N. Cajun Way along the driveway into this site to the main building entrance.
to thesouth that shouk4 be eonipleted- with this development with eonsentftoni
eennee6en.
1. Depict a 25 -foot wide buffer to the residential use along the south boundary of
the site on the west side of Centrepoint Way as set forth in UDC Table 11-2B-3,
landscaped per the standards listed in UDC 11 -3B -9C.
in. Depict landscaping within the parkway area along Ustick Rd. west of Centrepoint
Way in accord with the standards listed in UDC 11 -3B -7C.
2.2 The hours of operation of the athletic club and spa are limited to the hours between
A9 4:00 am and 10 09 midnight (12:00 am
)_pfarfor indoor activities and 6-5:00 am to
11:00 pm for outdoor activities, with outdoor music limited to the hours between 9:00
am and 4&9:00 pm as approved with this application.
2.3 A 10 -foot wide multi -use pathway within a public use easement and pedestrian lighting
and landscaping is required to be provided within the street buffer along N. Eagle
Rd./SH 55 in accord with the standards listed in UDC 11 -3H -4C.3.
when aeoess via a leeal street is available-. Council review of this access tookplace with
the associated MDA application; Council approved a waiver to UDC 11-3A-3 for an
access driveway via E. Ustick Rd.
2.5 A cross -access easement shall be granted from this site to the property to the south as
well as to the out -parcel to the east (#S 1105110025). A copy of the recorded
easement(s) shall be submitted with the first Certificate of Zoning Compliance
application.
2.6 The property boundary adjustment (#A-2018-0361) application shall receive final
approval prior to submittal of the Certificate of Zoning Compliance application.
2.7 A Certificate of Zoning Compliance and Design Review application is required to be
submitted and approved prior to submittal of a building permit application. Plans
submitted with these applications should comply with UDC standards and the design
standards in the Architectural Standards Manual.
2.8 The conditional use permit is approved contingent upon City Council approval of the
associated modification to the Development Agreement.
2_9 The Applicant shall work with Planning Staff to create a sound buffer that will mitigate
some of the noise concerns between the pool area and neighboring homes.
Page 20
B. Public Works
1. Site Specific Conditions of Approval
1.1 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 6-7 of the City's Design
Standards. A copy of the standards can be found at
http://www.meridiancity.org/public—works.aspx?id=272
2. General Conditions of Approval
2.1 Sanitary sewer service to this development is available via extension of existing mains
adjacent to the development. The applicant shall coordinate main size and routing with
the Public Works Department, and execute standard forms of easements for any mains
that are required to provide service. 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 Water service to this site is available via extension of existing mains adjacent to the
development. The applicant shall be responsible to install water mains to and through
this development, coordinate main size and routing with Public Works.
2.3 All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
2.4 Upon installation of the landscaping and prior to inspection by Planning Department
staff, the applicant shall provide a written certificate of completion as set forth in UDC
11 -3B -14A.
2.5 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, and water
infrastructure for a duration of two years. This surety amount will be verified by a line
item final cost invoicing 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.
2.6 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.
2.7 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.
2.8 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
2.9 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.10 All grading of the site shall be performed in conformance with MCC 11-1-4B.
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.
2.11 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 ACRD. The design engineer shall provide certification that the
Page 21
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.
2.12 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.
2.13 Street light plan requirements are listed in section 6-5 of the Improvement Standards
for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All
street lights shall be installed at developer's expense. Final design shall be submitted
as part of the development plan set for approval, which must include the location of any
existing street lights. The contractor's work and materials shall conform to the ISPWC
and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City
of Meridian Transportation and Utility Coordinator at 898-5500 for information on the
locations of existing street lighting.
2.14 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 signature of the final plat by the City
Engineer.
2.15 Applicant shall be responsible for application and compliance with and NPDES
permitting that may be required by the Environmental Protection Agency.
2.16 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 Water
Department at (208)888-5242 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.
2.17 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for
abandonment procedures and inspections.
2.18 The City of Meridian requires that pressurized irrigation systems be supplied by a year-
round source of water (MCC 9-1-28.C.1). 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 development plan approval.
2.19 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,
intersecting, crossing or laying adjacent and contiguous to the area being subdivided
Page 22
shall be tiled per UDC I I -3A-6. In performing such work, the applicant shall comply
with Idaho Code 42-1207 and any other applicable law or regulation.
C. Fire Department
http: //weblink. meridiancity. org/weblink8/0/doc/157920/Pagel. aspx
D. Community Planning Association of Southwest Idaho (COMPASS)
http: //weblink. meridianciU. org/WebLink8/DocView. aspx?id=158376
E. Department of Environmental Quality (DEQ)
http: //weblink. meridiancity. org/WebLink8/DocView. aspx?id=158270
F. Nampa & Meridian Irrigation District (NMID)
http://Weblink.meridiancioy.org/weblink8/0/doc/158532IPa eg l aspx
G. Ada County Highway District (ACHD)
http: //weblink. meridiancity. org/WebLink8/DocView. aspx?id= 160216&dbid=0
IX. FINDINGS
A. Conditional Use Permit (UDC 11-513-6)
Required Findings: The commission shall base its determination on the conditional use permit
request upon the following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
The Commission finds that the subject property is large enough to accommodate the
proposed use and development regulations of the C -G district if the Applicant complies with
the conditions of approval in Section VIII (see Analysis Section V for more information).
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
The Commission finds that the proposed use will be consistent and harmonious with the UDC
and Comprehensive Plan Future Land Use Map designation of MU -R for this site if the site is
developed and the use conducted in accord with the conditions listed in Section VIII.
3. That the design, construction, operation and maintenance will be compatible with other uses
in the general neighborhood and with the existing or intended character of the general vicinity
and that such use will not adversely change the essential character of the same area.
The Commission finds that if the applicant complies with the conditions outlined in Section
VIII of this report, the proposed use of the property should be compatible with other uses in
the general neighborhood and with the existing and intended character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
The Commission finds that if the applicant complies with the conditions outlined in Section VIII
of this report, the proposed use will not adversely affect other properties in the area.
Page 23
5. That the proposed use will be served adequately by essential public facilities and services
such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, and sewer.
The Commission finds that the proposed use will be served adequately by all of the public
facilities and services as applicable.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and that
the proposed use will not be detrimental to the community's economic welfare.
7. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Commission finds the proposed use will generate additional traffic in the area but should
not involve activities that will be detrimental to any persons, property or the general welfare
of the area.
8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or
historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-
2005)
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use. Further, the Commission finds that the proposed use will
not result in the destruction, loss or damage of any natural, scenic or historic feature of
major importance.
Page 24