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zits' Of Meridian
I-ity Clerk Office
STAFF SUMMARY
OF
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
Project Name:
Case No(s).:
Applicant:
Market Square
AZ-04-009
Smith Brighton
P&Z Commission Hearing Date: May 20, 2004
Recommendation: Approve with Development Agreement (all ayes)
Summary of Public Hearing:
David Turnbull, representing the Applicant, testified in favor of the application. He
provided background/overviewinformation ofthe project, clarified discussions with ITD
regarding Eagle Road access points, stated for the record that Lowe's is the large retail user
shown on the concept plan, and proposed changes to the staff report.
Tim Manion, Site Development Manager for Lowe's, reviewed the site plan and building
features, hours of operation, delivery/loading procedures, etc.
Five (5) different property owners in Heather Meadows Subdivision (to east) testified with
the following concerns:
- traffic (using the two stub streets out of Heather Meadows)
- generator, compactor and other noise pollution created by Lowe's
- public safety of children due to heavy traffic use
- hours of operation of Lowe's
- lack of a mix of uses on the site, concern about the public notice and failure to comply
with the Comprehensive Plan
- privacy concerns
Carl Gilbert, property owner south of the site (on E. Ustick), expressed concerns regazding
the proposed driveway locations and increased traffic congestion on Ustick.
David Boehecker, board member of Boise Nazarene Church, testified about proposed
access points and a potential property line conflict between the church pazcel and the
subject property.
Key Commission Changes to Staff Recommendation:
• The Commission added trash compactors and emergency generators to the list of
activities/uses which must make special accommodations for visual and acoustic impacts.
The Commission added a time restriction of 7:00 am to 6:00 pm for loading, trash collection,
generator operations and similar activities (as listed in paragraph 3.d., page 12 of the staff
report).
Outstanding Issues for City Council:
• Mixed Use-Regional Policies: One of the proposed staff conditions which Smith Brighton
proposed to be removed relates to the MU-Regional policies of the Comprehensive Plan (see
condition #3.a.ii on page 11 of staff report). While the Commission retained the requirement
for the future 12 acres shown as "Commercial" to incorporate some non-retail, staff believes
this will continue to be a point of discussion at the City Council hearing. At the P&Z public
hearing, Mr. Turnbull stated that this condition is unreasonable and that the City has not
required either W.H. Moore or Kissler to provide a mix of uses.
For clarification, staff points out that the southwest comer of the Kissler annexation was
required to provide a mix of uses (retail, multi-family and office) via a concept plan. There is
an active development application for a portion of this area which proposes both residential
and office uses. W.H. Moore's Blue Marlin site was approved with a condition that land uses
be determined as part of a future concept plan or planned development application. While
residential uses were not reauired by the Development Agreement, it is also true that a blanket
commercial approval was not granted either. The actual uses on this 58 acres remains an open
issue to be determined at a future time. The mixed use policies of the Comprehensive Plan
were incorporated into the Blue Marlin DA and will apply to future applications.
If the City Council should choose to remove the requirement for some mix of uses on this site,
staff requests specific direction from City Council as to how this category of the Future Land
Use Map should be interpreted with future development. In particular, does the City Council
support a mix of land uses in all three of the Mixed Use categories, or only the MU-
Neighborhood and MU-Community? Would the City Council support a Comp Plan
amendment to remove the MU-Regional and replace these areas of the map with a
"Commercial" designation? As noted in the staff report, staff believes the map and the
intention of the plan was to differentiate between straight commercial areas and mixed use
areas.
ITD Conditions: ITD District 3 did not submit any site specific comments to the City for this
application. The applicant testified that several discussions about the two proposed Eagle Road
access points have been held with ITD staff. Since the P&Z Commission hearing, ITD
distributed their Final Report of the Eagle Road Arterial Study (Apri12004), by Cambridge
Systemafics. This report was briefly menfioned at the last hearing but its conclusions were not
known at the time. The report does include conceptual cross-sections of Eagle Road which
incorporate landscaped medians and eight to ten foot wide pedestrian trails on either side of
the road. Condition #5 of the P&Z Commission recommendation required the applicant
to discuss these new design concepts with ITD and reply to the City about any potential
impacts on the site plan. To date, no written reply has been received. This should be
addressed at the City Council hearing.
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE )
REQUEST FOR ANNEXATION & )
ZONING OF 36.93 ACRES FROM )
RUT TO C-G FOR MARKET )
SQUARE )
Case No. AZ-04-009
RECOMMENDATION TO CITY
COUNCIL
SMITH BRIGHTON,
Applicant
1. The property is 36.93 acres in size and is located on the east side of Eagle
Road/SH 55 and the north side of Ustick Road, in Section 33, Township 4 North,
Range 1 East.
2. Caven, Inc. is the current property owner and has submitted notarized consent for
the subject application.
The Applicant is Smith Brighton of Boise, ID.
4. The subject property is currently zoned RUT (Ada County).
5. The Applicant requests the property be zoned General Retail and Service
Commercial (C-G).
6. The property which is the subject of this application is within the Area of Impact
of the City of Meridian.
7. The entire parcel of the property is included within the Meridian Urban Service
Planning Area as defined in the 2002 Meridian Comprehensive Plan.
8. The Applicant proposes to develop the subject property in the following manner:
no development plans were submitted with the application.
9. The Applicant requests zoning of the subject real property to C-G, which is
consistent with the Meridian Comprehensive Plan Future Land Use Map, which
designates the subject property as Mixed Use-Regional.
10. There is a historic structure on the parcel which may affect the consideration of
this application. There are no other scenic or natural features of major importance.
RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF ANNEXATION AND ZONING OF
36.93 ACRES TO C-G, BY SMITH BRIGHTON - AZ-04-009 -Page 1
11. The Planning and Zoning Commission recognized the concerns of Allen Jamison,
David Boehecker, Carl Gilbert, Scott Hamden, Steve Holland, Richard Beck and
Cazol Stringham expressed at the public hearing.
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City
Council of the City of Meridian that they approve the requested Annexation and Zoning
as requested by the Applicant for the property described in the application, subject to the
following:
A. Adopt the Special Recommendation of the Planning & Zoning Commission as
follows:
1. Modify the first sentence of condition #3.a.ii., pg. 11, of the 5/13/04 staff
report, to read as follows: "The 12 acres shown as "Commercial" on the north
end of the site shall be required to incorporate some professional office or
another non-retail use."
2. Add to Annexation and Zoning Facts and Conditions #3.d, pg. 12, the
following activities/uses: compactor and emergencygenerator.
3. Add to Annexation and Zoning Facts and Condifions #3.d., pg. 12, a new
sentence which reads: "All such activities shall be confined between the hours
of 7:00 am and 6:00 nm."
B. Adopt the Comments and Recommendations of the Meridian Planning & Zoning
Department as follows:
The legal description submitted with the application meets the requirements of
the City of Meridian and State Tax Commission and places the parcel
contiguous to existing city limits. (Note: This assumes final passage of either
the Kissler or Blue Marlin pending annexations prior to approval of this
application.)
2. The subject property is within the Urban Service Planning Area. Essential
City services are or will be made available to the subject property.
3. Prior to the annexation ordinance approval, a Development Agreement (DA)
shall be entered into between the City of Meridian, property owner (at the
time of annexation ordinance adoption), and developer. The DA shall
incorporate the following:
RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF ANNEXATION AND ZONING OF
36.93 ACRES TO C-G, BY SMITH BRIGHTON - AZ-04-009 -Page 2
a. Include the detailed and conventual site elan (received by the City Clerk
on April 16, revised) as an exhibit of the DA, noting approval with the
following exceptions:
i. Only the new, north-south road location and profile, Baldcypress,
and the large retail building footprint with associated parking
receive detailed approval at the time of annexation. All other
representations on the site plan are conceptual and shall require
separate detailed approvals through the City of Meridian in
accordance with the Zoning and Subdivision Ordinances in effect
at the time of development;
ii. The 12 acres shown as "Commercial" on the north end of the site
shall be required to incorporate some professional office or
another non-retail use. The Zoning Administrator is granted
authority through this DA to determine whether a future use
and/or site plan complies with the intent of this agreement;
iii. The vehiculaz access points shown on the site plan to Eagle
Road/SH 55 and Ustick Road are not approved and must be
approved sepazately through ACHD and ITD;
iv. The 20-foot wide buffer between land uses on the east property
line shall be constructed along the entire boundary prior to CO's
being issued for any new building on the property. Additionally,
the developer shall ensure a 6-foot solid fence is constructed
along the entire east property line (whether existing or new
construction);
v. The pazking ratio for the bulk retail use in the southeast corner
shall be allowed to be one parking space per 250 sq. ft. of gross
floor azea;
vi. A minimum 7-foot wide pedestrian walkway shall be added to the
site plan, extending north of the Ustick Road sidewalk on the east
side of the middle driveway and across the drive aisle.
b. Include the four (4) buildine elevations, drawn by SSOE, Inc., as an
exhibit of the DA, noting approval with the following modifications:
i. All roof-mounted HVAC and other mechanical equipment shall
be screened so as not to be visible from either Eagle Road/SH 55
or Ustick Road abutting the property;
ii. The free-standing sign shown on the east elevation in the garden
center is not approved. Only one free-standing sign shall be
allowed on the Ustick Road frontage.
c. Include the "Permitted, Conditional and Prohibited Uses" list as an
exhibit of the DA, noting the following modifications:
1. List the following proposed "Permitted Uses" as "Conditional Uses":
• Bottling and Distribution Plant (Microbrewery Type)
• Hospitals
• Molded Plastic Products
• Utility Facility -Major
RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF ANNEXATION AND ZONING OF
36.93 ACRES TO C-G, BY SMITH BRIGHTON - AZ-04-009 -Page 3
• Warehouse Storage
2. Define "Standby Generators"
3. Add "Anv structure over 50 000 sauaze feet shall require a conditional use
for desian review purooses "
4. Add a footnote to the exhibit which states:
"This list is not an exhaustive inventory of all possible uses When/if a use
Plannine and Zoning Administrator that said use is similaz to and
compatible with a listed permitted use Such use(sl may then only be
permitted as a conditional use. reeazdless of the proposed site location "
d. The following standard shall apply to all development on the subject
property: "All loading docks, compactors, emergency generators, trash
collection, outdoor storage or similaz facilities and functions shall be
incorporated into the overall building and/or landscape design so that the
visual and acoustic impacts of said functions are minimized. All such
activities shall be confined between the hours of 7:00 am and 6:00 pm."
e. The DA shall also cite the following Comprehensive Plan policies (from
Chapter VI and VII) as being applicable to all future development within
the boundaries of this annexation:
Transportation Policies Applicable to the Market Sauare Annexation•
• "Large development proposals that are likely to generate significant traffic
should be assessed for their impact on the transportation system and
surrounding land uses. They should be examined for ways to encourage
all forms of transportation such as transit, walking, and cycling.
• New development should not rely on cul-de-sacs since they provide poor
fire access, walkability, and neighborhood social life. New development
and streets should be designed to encourage walking and bicycling.
In addition to providing for enhanced automobile traffic, Meridian should
seek ways to encourage alternative modes of transport. hnprovement in
and encouraged use of public transit systems is an important first step.
Public transit includes bus systems and ridesharing. By fostering such
means of high vehicle occupancies, congestion on roadways can be
decreased.
• Pathways that encourage use by bicyclists and pedestrians can decrease
road congestion and add to the community's quality of life. The proposed
off-street and multiple-use pathway systems are depicted in Figures VI-3
RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF ANNEXATION AND ZONING OF
36.93 ACRES TO C-G, BY SMITH BRIGHTON - AZ-04-009 -Page 4
and VI-4. New and existing developments should ensure that the
guidelines laid out in this plan are adopted.
• Eagle Road is the major north-south arterial in Ada County. The capacity
of this arterial should be protected by minimizing the number and location
of private driveway access connections to this important roadway."
Mixed Use Develo ment Policies A livable to the Market S uaze
Annexation:
• "Where feasible, multi-family residential uses will be encouraged,
especially for projects with the potential to serve as employment
destination centers and when the project is adjacent to State Highways 20-
26, 55 or 69;
• Where mixed use developments aze phased, a conceptual site plan for the
entire mixed use area is encouraged with the development application or,
depending on the scope of the development, prior to a formal development
application being submitted;
• 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;
• Where the project is developed adjacent to low or medium density
residential uses, a transitional use is encouraged."
4. 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.
5. Prior to the City Council hearing, the applicant shall contact ITD District 3
regazding the design of the Eagle Road/SH 55 sidewalk and landscape buffer.
Provide a written response to staff outlining the results of said discussions and
any specific design standards ITD may request as part of this development.
C. Adopt the Recommendations of ACHD as follows:
If the rezone is approved and the District receives a development proposal, the
District intends to provide the following requirements, in addition to any
additional requirements that may apply upon District review of future
development, to the City of Meridian:
1. The applicant shall do one of the following:
RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF ANNEXATION AND ZONING OF
36.93 ACRES TO C-G, BY SMITH BRIGHTON - AZ-04-009 -Page 5
a. Dedicate by donation (or through a development offset agreement whereby
the applicant is reimbursed from impact fees to be collected solely from the
applicant's specific development project) 60-feet ofright-of--way from
centerline along Ustick Road at the Ustick Road and Eagle Road intersection
(for approximately 500 feet) and 48 feet ofright-of--way from centerline along
Ustick Road abutting the remainder of the site, and construct a minimum 5-
foot wide concrete sidewalk along Ustick Road, located a minimum of 58 feet
from centerline at the intersection of Ustick Road and Eagle Road and 41-feet
from the centerline of Ustick Road on the remainder of the site.
b. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Ustick Road, located a minimum of 58 feet
from centerline at the intersection of Ustick Road and Eagle Road and 41-feet
from the centerline of Ustick Road on the remainder of the site, in an
easement provided to the District.
c. Do not dedicate additional right-of--way, but construct a minimum 5-foot
wide concrete sidewalk along Ustick Road, located at the back edge of the
existing right-of--way. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilifies.
2. Construct any local roadways that are proposed to intersect Ustick Road to
align or offset a minimum of 300-feet from any exisfing roadway (measured
centerline to centerline).
3. Construct Bald Cypress Road to provide a minimum of 24 feet of pavement
abutting the site and should construct a 5-foot concrete sidewalk on the south
side of the roadway abutting the site.
4. Construct the driveway that intersects Ustick Road near the Ustick
Road/Eagle Road intersection a minimum of 440 feet from the signalized
intersection for afull-access driveway and a minimum of 220 feet from the
signalized intersection for aright-in/right-out only driveway.
5. Construct any driveways that are proposed to intersect Ustick Road to align or
offset a minimum of 230-feet from any existing or proposed driveway or
street.
6. Once the access points have been approved by the District, they are to be
identified as such on the construction drawings. The remaining frontage along
arterial and collector streets shall be identified as having no access.
7. Construct the internal roadways in accordance with District policy.
8. Extend the existing stub street from the east property line into the site.
RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF ANNEXATION AND ZONING OF
36.93 ACRES TO C-G, BY SMITH BRIGHTON - AZ-04-009 -Page 6
9. Comply with requirements of TI'D for Eagle Road frontage. Submit a letter
from ITD regazding the said requirements prior to District approval of the
final plat or issuance of a building permit (or other required permits),
whichever occurs first. Contact The Idaho Transportation Department's
District III Traffic Engineer Dan Coonce at 334-8300.
10. Comply with all Standard Conditions of Approval.
ACRD Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting
the site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five yeazs old aze not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator
at 387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved
supplements, Construction Services procedures and all applicable ACHD
Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #197, also known as Ada County
Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. The applicant at no cost to ACRD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE
(1-800-342-1585) at least two full business days prior to breaking ground
within ACHD right-of--way. The applicant shall contact ACHD Traffic
RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF ANNEXATION AND ZONING OF
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Operations 387-6190 in the event any ACHD conduits (spare or filled) aze
compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless
they are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written
confinnation of any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest advises the Highway
District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant
to the law in effect at the time the change in use is sought.
D. Adopt the Recommendations of the Meridian Fire Department as follows:
1) Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a) Fire Hydrants shall have the 4 %" outlet face the main street or pazking lot
aisle.
b) The Fire hydrant shall not face a street which does not have addresses on it.
c) Fire hydrant mazkers shall be provided per Public Works spec.
d) Locations with fire hydrants shall have the curb painted red 10' to each side of
the hydrant location.
e) Fire Hydrants shall be placed on comers.
f) Fire hydrants shall not have any vertical obstructions to outlets within 10'.
2) All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
3) Provide a 20' wide Fire Lane for all internal & external roadways.
4) Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
5) Fire lanes and streets shall have a vertical clearance of 13'6". This includes
mature landscaping.
6) Commercial and office occupancies will require afire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed an average of 300' apart.
RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF ANNEXATION AND ZONING OF
36.93 ACRES TO C-G, BY SMITH BRIGHTON - AZ-04-009 -Page 8
7) The commercial project will have an unknown transient population and will have an
unknown impact on Meridian Fire Department call volumes. The Meridian Fire
Department has experienced 239"7 responses in the year 2003. According to a report
completed by Fire & Emergency Services Consulting Group our requests for service
are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
8) Maintain a separation of 5' from the building to the dumpster enclosure.
9) All processes & storage practices shall be required to comply with the Intemational
Fire Code.
10) Fire Sprinklers will be required for all buildings associated with this project.
11) No Parking signs and painted curbs will be required for all Fire Lanes.
12) Provide exterior egress lighting as required by the International Building & Fire
Codes.
E. Adopt the Recommendations ofthe Meridian Police Department as follows:
1. Please contact the Police Chief for detailed review of any development proposal
and submit stamped (approved) plans with your certificate of zoning compliance
application.
F. Adopt the Recommendations of the Sanitary Services Co. as follows:
1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application.
RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF ANNEXATION AND ZONING OF
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