Z - Revised Exhibit AEXHIBIT A
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 7/23/2019
DATE:
TO:
Mayor & City Council
FROM:
Kevin Holmes, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT:
H-2019-0070
Verona (Lot 12, Block 12) MDA
LOCATION:
4870 N. Ten Mile Rd., in the SW '/4 of
Section 26, Township 4N., Range 1 W
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I. PROJECT DESCRIPTION
Request to modify an existing development agreement for the purpose of removing the subject
property from DA Instrument #108059800 and enter into a new development agreement.
II. SUMMARY OF REPORT
A. Project Summary
Description Details
Acreage 1.76
Current Zoning C -G
Neighborhood meeting date; # of 5/28/19; 2 attendees
attendees:
History (previous approvals) MI -07-013, DA Inst. No. 108059800; RZ-07-017; PP -07-
011; FP -08-010, A-2019-0038
III. APPLICANT INFORMATION
A. Applicant/Owner:
Jacksons Food Stores, Inc.
3450 E. Commercial St.
Meridian, ID 83642
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EXHIBIT A
B. Representative:
Joe Thompson, BRS Architects
1010 S. Allante Pl. Ste. 100
Boise, ID 83709
IV. NOTICING
Newspaper Notification
Radius notification mailed to properties
within 300 feet
Public hearing notice sign posted
Nextdoor posting
V. STAFF ANALYSIS
City Council
Posting Date
7/5/2019
7/2/2019
7/12/2019
7/2/2019
The applicant has applied for a development agreement modification (MDA) that proposes to remove
the subject property, Lot 12, Block 12 of Verona Subdivision No. 4, from the existing development
agreement (Inst. No. 108059800) and enter into a new development agreement. Currently, the
existing DA governs a much larger area owned by separate entities than the applicant's property.
Excluding the subject property from the recorded DA will facilitate the development of the property
without obtaining permission from multiple owners. Further, the applicant is requesting Council
approval to allow the construction of a new access point to W. McMillan Rd. (see Exhibit E). If
approved, the new access point will be shared with the adjacent property owner to the east. The
existing W. McMillan Rd. access point to the east, approved with Verona No. 4, will be required to be
closed. ACHD has approved the proposed access drive as a full access driveway until such time they
deem it should be limited to a right-in/right-out only access. Staff is supportive of ACHD's
determination on limiting the access. Staff recommends this condition be included in the new DA.
The current DA contains five (5) conditions that govern the development of the property. These are:
1. Constructing buildings using high quality materials and designs, conforming with submitted
elevations,
2. Limiting the square footage of any one building to 50,000 square feet, total nonresidential
square footage of entire development not to exceed 225,000 square feet,
3. Conformance with a conceptual site plan,
4. Providing cross access between specific parcels, and
5. The inclusion of stamped concrete in the development.
These specific provisions are attached in Exhibit B for the Council to reference. Further, staff has
attached the approved concept plan (Exhibit C), which is tied to the current DA. The area the
applicant owns is approved to develop with a convenience store and fuel sales facility consistent with
the approved concept plan (see Exhibit D). The plans approved by the City did not include the
proposed access point. If the MDA is approved, the applicant will be responsible for amending their
approval to include the new shared access and submitting a recorded cross access agreement. To
ensure the site develops as proposed, staff has included the DA provisions that should be incorporated
in the new DA. These new provisions are included as in Section VIII below.
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EXHIBIT A
VI. DECISION
A. Staff:
Staff recommends approval of the proposed MDA per the provisions in Section VIII.
B. The Meridian Citv Council heard this item on Julv 23. 2019. At the public hearing. the Council
moved to approve the subject MDA request.
1. Summary of the City Council public hearing:
a. In favor: Mike Baldner, representative for the applicant
b. In opposition: None
c. Commenting: None
d. Written testimony: Joe Thompson, representative for the applicant, in agreement with
the staff report.
e. Staff presenting application: Kevin Holmes
f. Other Staff commenting on application: None
2. Key_ issue(s) of public testimony_
a. None
3. Key issue(s) of discussion by City Council:
a. None
VII. EXHIBITS
A. Legal Description and Development Agreement Boundary: Lot 12, Block 12 Verona
Subdivision No. 4 (highlighted below)
VERONA SUBDIVISION NO, 4
A RESUBDIVISION OF LOTS I, 2, 35, AND 36, BLOCK 10 AND 12, VERONA SUBDIVISION N0, 2 ALONG WITH A PARCEL
OF LAND LOCATED IN THE SW Ys Or SECTION 26. TOWNSHIP 4 NORTH. RANGE 1 WEST,
801SE MERIDIAN, CITY Or M€RMIAN, ADA COUNTY, IDAHO
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EXHIBIT A
B. Current Development Agreement Provisions (Inst. No. 108059800)
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
1. The proposed commercial and office buildings shall be constructed with high
quality materials, including but not limited to: stucco, wood and brick, with
substantial stone accents, four sided architecture: for retail uses one side may not
require full facade treatment if there is screening for the loading area, highlighted
main entrances, stamped decorative concrete, flat roofs, accent metal roofing,
composite or tile roofing materials and variations in colors, roof planes and
parapet heights.
2. Elevations shall substantially conform to the photos submitted with MI -07-013, as
set forth in Exhibit D.
3. A minimum of 5 buildings with no one building exceeding 50,000 square feet shall
be constructed on lots associated with the Verona Commercial Subdivision. The
maximum allowable non-residential square footage for this development shall be
225,000 square feet. The development of the site shall generally conform to
concept plan in Exhibit C, as determined by the Planning Director.
4. The applicant shall provide cross access from the southern office lot located east of
W. Milano Drive to the vacant commercial parcel east of the site.
5. The City Council expects some stamped decorative concrete within the proposed
development.
Page 4
C. Original Concept Plan
Verona Commercial
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EXHIBIT A
Page 5
Subject Property
EXHIBIT A
D. Approved Site Plan and Elevations from CZC Application
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Page 6
E. Proposed New Access
EXHIBIT A
32
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
Recommended Development Agreement Provisions:
USES PERMITTED BY THIS AGREEMENT:
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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 § 1I -
2B.
CONDITIONS COVERING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
1. Future development of this site shall comply with the design standards listed
in UDC 11-3A-19 and the guidelines contained in the Architectural
Standards Manual.
2. All future development of the subject property shall comply with City of
Meridian ordinances in effect at the time of development.
3. Certificate of Zoning Compliance and Administrative Design Review
applications are required to be submitted to the Planning Division for
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EXHIBIT A
approval of all future buildings/uses on the site, prior to applying for building
permit.
4. The location of the access drive to W. McMillan Rd (336 feet east of the
intersection), is approved as shown in Exhibit E. The Ada County Highway
District shall determine when the access is to be limited to right-in/right-out
only.
Applicant shall provide a recorded cross agreement with parcel
R9010680120 in accord with UDC 11-3A-3. The recorded agreement shall
be submitted to the Planning Division prior to obtaining occupancy of the
convenience store.
6. The existing access approximately 500 feet east of the Ten Mile Road shall
be closed as shown in Exhibit E. The applicant shall install a 5 -foot wide
detached sidewalk and landscape the area with a 25 -foot wide street buffer in
accord with UDC 11 -3B -7C.
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