HomeMy WebLinkAboutFindingsCITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
In the matter of the Variance request to UDC Table 11-211-3 and UDC 11-313-7C2 to allow
a 15-foot wide portion of "surplus" ITD right-of-way along N. Eagle Road to count toward
the required 35-foot wide street landscape buffer and Development Agreement
Modification to remove the requirement for all future uses on the land annexed as the
Kissler and Kissler/Dealy properties to obtain Conditional Use Permit approval and update
the DA to reflect changes that were approved with the preliminary plat for Gateway
Marketplace.
Case No(s). VAR-07-010 & MI-07-008
For the City Council Hearing Date of: July 3, 2007 (Findings on the July 17, 2007 City
Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 3, 2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of July 3, 2007, incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 3,
2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of July 3, 2007, incorporated by reference)
B. Conclusions of Law
L The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Developmient Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAR_07-010 & MI-07-008
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-5A.
4_ Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the provisions of the Development Agreement and
Variance all in the attached Staff Report for the hearing date of July 3, 2007, incorporated
by reference. The conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The applicant's request for a 15-foot wide portion of ITD right-of-way to be counted
toward the required street buffer along N. Eagle Road is hereby approved with the
provisions noted in the attached Staff Report for the hearing date of July 3, 2007,
incorporated by reference.; and,
2. The Applicant's request for a Development Agreement modification is approved as
shown in the attached Staff Report for the hearing date of July 3, 2007, incorporated by
reference.
D. Attached: Staff Report for the hearing date of July 3, 2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAR-07-010 & MI-07-008
By action of the City Council at its regular meeting held on the l
2007. day of
COUNCIL MEMBER DAVID ZAREMBA VOTED,_6�
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL, MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTEDifft--
TIE BREAKER
MAYOR TAMMY de WEERD VOTED
MAYOR T de WEERD
ATTEST:
014
LIAM G_ BERG, JR., C Y C RX S L
f%-YO rt81• �ww.
Copy served upon: ✓/ Applicant %, "'�NT'� .,`�•
✓ Planning Departmen{I'II liltr��`''
Public Works Department
City Attorney
By Dated:�-
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAR-07-010 & MI-07-008
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
STAFF REPORT
HEARING DATE: July 3, 2007
(Continued from June 19, 2007)
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
(208) 884-5533
SUBJECT: Gateway Marketplace
• VAR-07-010
n '
c"V DF
i IlS;4HIJ
Variance request to UDC Table 11-213-3 and UDC 11-313-7C2 to allow a 15-
foot wide portion of "surplus" ITD right-of-way along N. Eagle Road to
count toward the required 35-foot wide street landscape buffer
• MI-07-008
Development Agreement (DA) Modification to remove the requirement for
all future uses on the land annexed as the Kissler and Kissler/Dealy
properties to obtain Conditional Use Permit approval and update the DA to
reflect changes that were approved with the preliminary plat for Gateway
Marketplace
1- SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Landmark Development Group, is requesting a Variance (VAR) from UDC Table 11-
2B-3 and UDC 11-3B-7C2 which requires: 1) 35-foot wide landscape buffers along entryway
corridors; and, 2) the landscape buffer along streets to be located at the subdivision boundary within a
common lot or a permanent easement.
If approved, the variance would allow the Applicant to count a portion of the adjacent Idaho
Transportation Department (ITD) right-of-way toward the required street landscape buffer along N.
Eagle Road, an entryway corridor. The Applicant is proposing to reduce the width of the landscape
buffer on the subject property to 20 feet and use 15+ feet of ITD right-of-way along Eagle Road
toward the remainder of the required buffer width. The Applicant states, and the landscape plan
shows (see Exhibit A-2), that there is between 15 feet and 26 feet of surplus right-of-way that is not in
ITD's long term plans for expansion of Eagle Road. The applicant is proposing to landscape all of the
Staffof --way- The Applicant's justification for the requested variance is listed in Section 4.h of this
Staff Report.
The Applicant has also submitted a Miscellaneous Application (MI) requesting a modification to the
or the Kissler property, Instrument No. 104107406,
recorded Development Agreement (DA) f
approved with the Kissler Annexation (AZ-03-018). This DA modification also proposes to include
the 5+1- acre parcel to the east annexed as the Kissler/Dealy property (On Is 022, DA Instrument
No. 104093292) into the existing above -referenced DA. The Applicant is proposing to amend the
DA's to remove the requirement for all future uses on the Kissler and Kissler/Dealy properties to
obtain Conditional Use Permit (CUP) approval. Additionally, the Applicant is requesting to update
the DA to reflect the changes that were approved with the relimin
to
Road and the location of a frontage road, which are currently contradictory to he DA plat regardinprovisacceionsEagle
When these properties were annexed, a specific development plan was not proposed, only a
conceptual plan. Because of this, a CUP was required through the DA for detailed review and
approval of all future uses on these sites. Since that time, a preliminary plat (PP-06-002) has been
Gateway Marketplace VAR-07-010 & MI-07-008
Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
approved that included both the Kissler and the Kissler/Dealy properties that outlined building
locations, access points to Eagle Road, utilities, landscaping, etc. The applicant feels that because of
this plat, a CUP should no longer be required. Because of the Gateway Marketplace Preliminary Plat
Conditions, there are conditions in the DA that that are now outdated due to the subsequent
approvals/requirements.
The property is located at the southeast corner of N. Eagle Road and E. Ustick Road in Section 4,
Township 3 North, Range 1 East, B.M.
2• SUMMARY RECOMMENDATION
The City Council has final decision authority on VAR and MI applications. Staff is recommending
approval of the subject Variance application (VAR-07-010) and Miscellaneous application (11II-
07-008) for the reasons listed herein. Staff finds that the VAR application meets all of the findings
required in the UDC in order for the City Council to grant a variance. (See Analysis, Section 8, of this
report, for more details.)
SUMMARY RECOMMENDATION: (Insert after Commission Summary)
City Council heard tha Y 1 107 At L
annroved the subject VAR and MI request
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3. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Numbers VAR-
07-010 and MI-07-008, as presented in Staff Report for the hearing date of July 3, 2007, and direct
Planning Staff to prepare findings for approval based on tonight's hearing, with the following
changes: (insert any changes here) I further move to direct Legal Department Staff to prepare an
amendment to the recorded Development Agreements for this site that reflects the subject changes to
the Development Agreements.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Numbers VAR-07-
010 and MI-07-008, and direct Legal Staff to prepare the appropriate findings document for denial.
(You should state why you are denying the request.)
Gateway Marketplace VAR-07-010 & MI-07-008
Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE NEARING DATE OF .IDLY 3, 2007
Continuance
I move to continue File Numbers VAR-07-010 and MI-07-008, to the hearing date of (insert
continued hearing date here) for the following reason(s): (you should state specific reason(s) for
continuance)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
3205 E. Ustick Road & 3445 E. Ustick Road
Generally located on the southeast comer of E. Ustick Road and N. Eagle Road
Northwest % of Section 4, Township 3 North, Range 1 East
b. Owner:
James A. Kissler & Prime A Investments, LLC
1125 W. Amity Road
Boise, ID 83705
c. Applicant:
Landmark Development Group
2462 Sunshine Drive
Boise, ID 83712
d. Representative: Tamara Thompson, Landmark Development Group
e. Present Zoning: C-G (General Retail and Service Commercial)
f. Present Comprehensive Plan Designation: Mixed Use — Regional
g. Description of Applicant's Request:
The Applicant is requesting a variance from UDC Table 11-2B-3 and UDC 11-313-7C2 which
requires: 1) 35-foot wide landscape buffers along entryway corridors; and 2) for the entire buffer
to be on a common lot or within a permanent easement at the subdivision boundary. If approved,
the variance would allow the Applicant to count some of the adjacent ITD right-of-way towards
the landscape street buffer width. The Applicant is proposing to reduce the area of the landscape
buffer on their property to 20 feet; the remaining 15 feet to be landscaped within the right-of-way.
The Applicant is also requesting approval to amend the recorded Development Agreement for the
subject property to remove the requirement for all future uses on the Gateway Marketplace site to
obtain Conditional Use Permit approval.
h. Applicant's Statement/Justification:
In laying out the details of the off -site widening on Eagle Road, it has been determined that the
Idaho Transportation Department (ITD) has up to 26 feet of surplus right-of-way. ITD states that
their long-term plans do not call for utilizing the surplus right -of --way (ROW). We request a
variance to landscape the surplus ROW, to decrease the on -site landscape setback from 35 feet to
20 feet, to clean up the gravel and weeds within the ITD ROW and enhance the roadway and
entrance to the shopping center. This same variance request was approved for the Centre Pointe
Subdivision in 2006. (Please see the Applicant's submittal letter for more information.)
5. PROCESS FACTS
a. The subject application will, in fact, constitute a variance as determined by City Ordinance. By
reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-SA-
1), apublic hearing is required before the City Council on this matter.
Gateway Marketplace VAR-07-010 & MI-07-008
Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
b. Miscellaneous applications are not currently addressed in Title 11 of the Unified Development
Code. It has been determined by the City's Legal Department that a miscellaneous application to
amend a recorded development agreement will, in fact, require a public hearing before the City
Council.
c. Newspaper notifications published on: May 28, 2007 and June 11, 2007
d. Radius notices mailed to properties within 300 feet on: May 25, 2007
e. Applicant posted notice on site by: June 14, 2007
6. LAND USE
a. Existing Land Use(s): Unimproved
b. Description of Character of Surrounding Area: There are Kohl's Department Store, Lowe's
Home Improvement Store, several single-family homes, planned retail stores, and other planned
commercial and office uses in the area.
c. Adjacent Land Use and Zoning:
1. North: Commercial (Lowe's), zoned C-G
2. West: Commercial (unimproved), zoned C-G
3. South: Commercial (unimproved), zoned C-G
4. East: Commercial (unimproved), zoned C-G
d. History of Previous Actions:
➢ On April 6, 2004, a large portion of the subject property was granted Annexation and
Zoning (AZ-03-018) approval with a C-G (General Retail and Service Commercial) zone.
A Development Agreement was also approved with the annexation (Instrument No.
104107406). There are multiple parcels, on both the east and west side of Eagle Road that
are associated with AZ-03-018.
➢ On July 13, 2004, the 5+/- acre Kissler/Dealy property directly east of the Kissler
property on the southeast corner of Ustick Road and Eagle Road was granted Annexion
and Zoning (AZ-03-022) approval with a C-G zone. A Development Agreement was also
approved with the annexation (Instrument No. 104093292).
➢ On July 18, 2006, a Preliminary Plat (PP-06-002) was approved for 23 commercial
building lots on 22.85 acres for Gateway Marketplace.
➢ On July 18, 2006 a Variance (VAR-06-002) was also approved for two access points to
Eagle Road/SH 55.
➢ A Final Plat (FP-07-019) is currently in process for the first phase of Gateway
Marketplace.
➢ A Final Plat (FP-07-020) is currently in process for the second phase of Gateway
Marketplace.
CentrePointe Subdivision No. 1 and CentrePointe North were granted approval, in June of
2006 and March of 2007, respectively, for counting adjacent ITD right-of-way for Eagle
Road towards the required landscape street buffer width. The landscape buffer was approved
at 20 feet, with 15 feet constructed within said right-of-way.
e. Existing Constraints and Opportunities
Gateway Marketplace VAR-07-010 & MI-07-008
Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
1. Public Works
Location of sewer: Extension of mains in Ustick Road / Sadie Creek
Location of water: Extension of mains in Ustick Road / Sadie Creek
Issues or concerns: Water main connection in Eagle Road is required.
2. Vegetation: Vacant land with a few trees (contact the City Arborist, Elroy Huff at
888-3579, to determine if these trees need to be mitigated for)
Floodplain: NA
4. Canals / Ditches / Irrigation: There is one irrigation/drainage ditch that bisects the
subdivision and one that runs along the south boundary of the subdivision.
5. Hazards: Staff does not know of any hazards that exist on this property.
6. Size of Property. 22.85 acres
f. Landscaping:
Per the future Land Use Map, Eagle Road is designated as an "Entryway Corridor" adjacent
to this site. As such, the UDC (Table 11-213-3) requires a 35-foot wide street buffer adjacent
to both roadways. The landscape plan proposes a 20-foot wide buffer along Eagle Road. The
UDC requires landscape buffers along streets to be placed in either a separate common lot or
landscape easement. The Applicant has submitted the subject variance to allow a 20-foot
wide landscape buffer on their property along Eagle Road with the remaining 15+ feet of
buffer is to be located and landscaped within ITD's right-of-way.
7. AGENCY COMMENTS MEETING
No comments were provided for the Variance application. Please see the public record for the
Variance file for any written comments that may have been submitted by other agencies.
8. ANALYSIS
a. Analysis Leading to Staff Recommendation:
Staff has provided analysis below regarding the proposed applications.
VAR Application: The Applicant is requesting a variance to UDC Table 11-2B-3 and UDC 11-
3B-7C2 to allow a 15-foot wide portion of ITD right-of-way (ROW) along N. Eagle Road to
count toward the required 35-foot wide street landscape buffer. The Applicant states in their
narrative that ITD's long-term plans do not call for utilizing this right-of-way. The ITD's right-
of-way varies from 16 feet to 26 feet; the applicant is proposing to landscape all of the unused
right-of-way along with the 20-foot wide buffer proposed on the site.
Staff has discussed the Applicant's request with Kevin Sablan & Wade Christianson at ITD and
they have stated that the right-of-way along Eagle Road is not "surplus" nor is it anticipated to be
designated as such in the future. They cannot guarantee that Eagle Road will not be widened in
the future; however, at this time there are no funded plans to do so. A right-of-way encroachment
permit is required for landscaping within the right -of --way.
The UDC (11-3H-4C3) requires a 10-foot wide multi -use pathway along Eagle Road. The
Applicant's plan depicts a 5-foot pathway within the 20-foot wide landscape buffer.
However, the Applicant must construct a 10-f0ot pathway on -site. This will reduce the
landscaped (green) area on their property to 10 feet.
The landscape buffer along the CentrePointe development, located on the northwest corner of
Gateway Marketplace VAR-07-010 & M1-07-008
Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
Eagle Road and Ustick Road, was previously allowed to be reduced to 20 feet, similar to that
being requested in the subject application, with landscaping within the unused portion of ROW.
Additionally, two similar variance requests are currently in process for Bienville Square and
Sadie Creek, directly to the west of the subject property. Smitchger Subdivision to the north
provided the full 35-foot wide buffer as required by the UDC and landscaped the unused portion
of ROW (approximately an additional 15 feet).
Staff believes that the intention of the buffer requirement will be served and will be comparable
to adjacent buffers on the other three corners of the Eagle/Ustick intersection if the applicant
landscapes the unused portion of ITD ROW, in addition to providing a 20-foot wide buffer on the
site as proposed. Further, the width of the landscape buffer provided will actually exceed that
normally required if the right-of-way is allowed to be counted toward the required buffer (ROW
varies from 16' to 26'). Staff supports the Applicant's request for the afore -mentioned reasons
with the provisions stated below in Staff s recommendation (Section 9).
MI Application: The Applicant is requesting to modify the existing DA (Instrument No.
104107406) for the Kissler property, Instrument No. 104107406, approved with the Kissler
annexation (AZ-03-018). ). This DA modification also proposes to include the 5+/- acre property
to the east annexed as the Kissler/Dealy property (AZ-03-022, DA Instrument No. 104093292)
into the existing above -referenced DA for the Kissler annexation. The Applicant is proposing to
amend the DA to remove the requirement for all future uses on the Kissler and Kissler/Dealy
properties to obtain Conditional Use Permit (CUP) approval. Additionally, the Applicant is
requesting to update the DAs to reflect the changes that were approved with the Gateway
Marketplace preliminary plat regarding access to Eagle Road and the location of a frontage road,
which are currently contradictory to the recorded DAs. (See Applicant's narrative for more detail
on the proposed DA modifications.)
When these properties were annexed, a specific development plan was not proposed, only a
conceptual plan with commercial, office, high density commercial, multi -family residential,
residential, and transitional uses shown. Because the plan approved with the annexations were
very conceptual, a CUP was required through the DA for detailed review and approval of all
future uses on the sites. Since that time, a preliminary plat (PP-06-002) for Gateway Marketplace
that included both properties was approved that depicted building locations, access points to
Eagle Road, utilities, landscaping, etc. The applicant feels that because a detailed plan was
reviewed by Staff and approved with the plat, a CUP should no longer be required.
Because a detailed site plan was approved with the preliminary plat for Gateway Marketplace,
staff agrees that further site plan review through the CUP application process is not necessary.
Further, the applicant must comply with all conditions of approval of previous applications
approved for this site, including the requirement for all future structures on the site to comply
with the design standards listed in UDC 11-3A-19. The Applicant is required to submit a design
review application along with a Certificate of Zoning Compliance (CZC) application for the
buildings on this site prior to issuance of building permits. Staff is generally supportive of the DA
modifications requested by the applicant, as they update the DA to reflect the subsequent
approvals on this site, with the changes made by Staff shown in Exhibit A.4.
Note: Please see the Applicant's narrative for the requested modifications to the DA. Staff
has made some changes to the Applicant's request, which are noted in Exhibit A.4. The
Applicant has requested that Section 6.A.4 through 6.E.1 be eliminated; however Staff does
not believe that eliminating the Comprehensive Plan policies noted on pages 5-6 is necessary
as they are not conditions, only policies. Further, Staff is not comfortable wholly removing
the original requirements of ACHD, the Meridian Fire Department, and the Idaho
Gateway Marketplace VAR-07-010 & MI-07-008
Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
Transportation Department without their approval. Please see Staff's recommended
changes to the DA listed in Exhibit AA of this report.
9. RECOMMENDATION
Staff is recommending approval of the Applicant's request for a Development Agreement
modification as shown in Exhibit A.4. Additionally, Staff believes that the Applicant's request
meets the required findings for granting a variance (see Exhibit B), and is recommending
approval of the variance with the following provisions:
a. Applicant shall meet all terms and conditions of approval of the annexations (AZ-03-018 &
AZ-03-022), development agreement (Inst. No.'s 104107406 & 104093292), preliminary plat
(PP-06-002), and variance (VAR-06-002) previously approved for this site.
b. The Applicant shall provide a 20-foot wide landscape buffer along the Eagle Road frontage
on the subject property. Said buffer shall be depicted on the face of the plat within a
permanent easement or a common lot, in accordance with UDC 11-3B-7C2b.
c. The Applicant shall obtain approval from the ITD (right-of-way encroachment permit) to
landscape the surplus right-of-way for Eagle Road adjacent to this site as shown in Exhibit A-
2 (surplus right-of-way shall mean all area behind the curb).
d. Landscape materials shall be generally installed as shown on the Landscape Plan (Exhibit A-
2) and shall be in compliance with the requirements of the UDC. All trees shall be planted
within the subdivision's required 20-foot wide buffer as depicted on the landscape plan and
not within the right-of-way.
e. The applicant shall be responsible for constructing a 10-foot wide multi -use pathway within a
public use easement and installing streetlights and landscaping consistent with the Eagle
Road corridor study. Said pathway shall be constructed within the boundary of the subject
property along N. Eagle Road and not within ITD's right-of-way, in accordance with UDC
11-3H-4C3.
f. All structures within Gateway Marketplace Subdivision shall submit a design review
application and comply with the design standards listed in UDC 11-3A-19C at the time of
Certificate of Zoning Compliance application, per condition of approval of PP-06-002.
10. EXHIBITS
A. Maps/Other
1- Vicinity Map
2. Landscape Plan
3. Legal Description
4. Development Agreement Modifications
B. Required Findings from Unified Development Code (Variance)
Gateway Marketplace VAR-07-010 & MI-07-008 Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE. OF RMY 3, 2007
Exhibit A-2 — Landscape Plan
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF TULY 3, 2007
Exhibit A.3 — Legal Description [replaces the "Kissler Property" legal description in Exhibit A (page 21)]
"KISSLER AND KISSLER/DEALY PROPERTIES" aka GATEWAY MARKETPLACE
clolborn � waits consulting, lic
engineers & surveyors
120 N. Cwtie R&
Base, Umbo 83706
(208) 3764555
Fax (20E) 429-9862
P.N. 2279 October 20, 2005
USI'ICK PROPERTY
BOMARY DESCRIPTION
A pnnoel of land lying in the Noah~ 1/4 of Section 4. T.3N., R IE, BIA, Ada
County, Idah% ttad being m+e particularly dames! as Soflaws:
Connnexing at the Nord west corm of said SeWon 4, thane S 89 49'08" F along the
Nat boundary of said Section 4 and the m*rlinc of Ustidc Road far a distance of
97.62' $et;
t>teooe laving said Nonh boundary and oertwine S O1' S0'S2" W for a distance of 77.96
fog to 4point on the South right.ofway line ofUstick Road, being the REAL POEff
dteoce along said South right -of --way line for the following 13 course:
N 44 02' 14" B for a distance of 47.06 fact;
thence 5 V 49'08" E fbr a distance of 262.81 &gat;
ihenoe S 42 5V21" B fora distance of4l.18 feet;
thence N 67 17' l0" B for a distance of 29.03 feet;
them N 4Z 4335" B for a dietam of40.57 fleet;
thence N W 13'34" E for a distaom of 179.28 feet (fonnerly demibed as 179.20 feet);
thaooe S W 35'35" E for a distance of 15.2$ &et;
thence S 891 49'08' E for a dimnca of 10.00 ;
thee�toe N W 35'55" E fbr a distance of 15.41 &et;
thace N 89 13'34" E for a distance of 81.02 he,
C-'TwjecWQ* dd.LA (22l .
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
thence S 43' 19' 18" E for a distance of 41.37 feet
tbmw N 89 48102" E ftr a dataoce of 39.00 spec;
thence N 43' 12' 19" E for a distw= of 25.70 !teat (fo>now ly described as 25.84 feet);
thence leaving aid South zight-of-My lino S OV 35"W" W tw a distarim of 1241.37 feet
to the Smith boundary of Government lot 4 of said Section 4;
thence N 891 51'00" W along said South boundary for a diet wA of 61.3 5 feet;
them leaving said South boundary S W 36' 13" W for a distance of 93.77 feet;
thence N 89 51'00" W for a distance o(700.02 fw to a point on the Em right-uf-wsy
line ofBagle Road;
d mca N OQ 36' 13" E sung said Baal riglwof way line for a distance of 114.17 feet;
tllamco N O1' 5052" E WNW989 &IMg sed d&-a&way line for a distance of 1193.33
fbe t to the POINT OF BEGINNING,
contaii ft 22.85 acm of iattd, mom or Ieaa.
Prapm+ad by: Todd R. Waite P.L.S.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DULY 3, 2007
Exhibit A-4 — Development Agreement Modifications+
Section 4.1: (page 4)
"... Residential uses, and Transitional Uses, and all uses shall be required to go through the
Conditional Use Permit process for approval except for the Kissler and Kissler/Dealy properties
which shall obtain design review approval at staff level prior to or concurrent with the Certificate
of Zoning Comphance application prior to submitting for building_permits for each building
proposed on these properties."
Section 5: (page 4)
"Owners" have submitted to "City" an application for conditional use permit, and shall be
required to obtain the "City's" approval thereof, in accordance to the City's Zoning &
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; all future uses listed in UDC Table 11-2B-2 for the C-G zone that are
"conditional" uses shall obtain conditional use permit (CUP) approval prior to commencement of
the use.
Section 6.A. (page 4)
"Owners" shall develop the "Property" in accordance with the following special conditions:
(Note: The following conditions pertain to annexation of thLmbLect property ,(AZ 03 016) in
2003. Please see site specific conditions relating to Gateway Marketplace for more current
conditions ofapproval )
Section 6.A.3: (page 5)
"Except for the properties located on the southeast corner of Eagle Road and Ustick Road,
annexed as the Kissler and Kissler/Dealy properties (aka Gatewgy Marketplace) which shall
comply with the Findings of Fact and Conclusions of Law and Decision and Order for PP 06 002
and VAR-06-002 (see attached staffreoort for all required conditions of approval and Findings of
Facts and Conclusions of Law and Decision and Order) lit shall be required that all future uses
within the boundaries of this annexation only be approved through the Conditional Use Permit
process, and either a public or private backage street parallel with Eagle Road/SH 55 be
incorporated into the design of future site plans. A conceptual master plan demonstrating
interconnectivity, transitional uses, access points and other key land planning issues is required
prior to any CUP applications being submitted for any of the three (3) parcels on the west side of
Eagle Road/SH 55. Any residential uses required by the City Council shall also be addressed as
part of the DA."
Section 6.D (page 9)
"Adopt the Recommendations of the State of Idaho Transportation Department as follows: Lsee
VAR-06-002 (Gateway Marketplace) and VAR 05 023 (Bienville Squarep,
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF RMY 3, 2007
Section 6.E.1 (page 10)
"All uses must be approved through the Conditional Use Permit process as shown on the Concept
Plan, dated: DEC. 22 2003, NO. 1529, as presented at the February 24, 2004 City Council
meeting, and which Concept Plan is hereby approved and attached hereto as Exhibit "C", except,
all future uses proposed on the Kissler and Kissler/Dealy annexation sites (aka Gateway
Marketplace) located on the southeast corner of Eagle Road and Ustick Road listed in UDC
Table 11-2B-2 for the C-G zone that are "conditional" uses shall obtain conditional use permit
(CUP) approval prior to commencement of the use; uses listed as "permitted" shall not require
CUP approval. All future buildings on the Kissler and Kissler/Dealy sites shall be required to
obtain administrative design review approval prior to commencement of construction."
Section 15 (pages 12-13)
The "Owner" agrees that no Certificates of Occupancy will be issued until all improvements that
are related to public life safety, and health (including but not limited to: water, sewer, and power
facilities, parking lot paving and striping, and street paving) are completed � " d
Where approved by the City Engineer an owner may post surety for improvements that
are not related to public life, safety, and health including but not limited to landscaping, fencing
pressurized irrigation systems and site amenities in order to obtain City Engineer sivature on
the final plat and/or obtain a temporary Certificate of Occupancy; no permanent Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed
completed, and accepted by the "City"
Exhibit B, Findings of Fact and Conclusions of Law/Conditions of Approval (page 24)
Include the Findings of Fact and Conclusions of LawlConditions of Approvalfor PP-06-002 and VAR-
06-002 in Exhibit B asfollows:
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
IV 111r11�.'
In the Matter of a Preliminary Plat Approval for 18 Commercial lots for Gateway
Marketplace Subdivision by Landmark Development Group, LLC.
Case No(s). PP-06-002
For the City Council Hearing Date of: July 18, 2006
A. Findings of Fact
I. Hearing Facts (see attached Staff Report for the hearing date of July 18, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of July 18, 2006
incorporated by reference)
3. Application and Property Facts (sec attached Staff Report for the hearing date of July18,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of July 18, 2006 incorporated by reference)
B. Conclusions of Law
I . The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503)-
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning snaps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps,
3. The conditions shall be reviewable by the City Council pursuant to Mendian City Code §
11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASFNCXS) PP-064)02-PAGE I of4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DULY 3, 2007
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City Ilan granted an order of approval in a"ordance with this Decision, which
shall be sighed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of July 18,
2006 incorporated by reference. The conditions are concluder) to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
stamped Revised March 10, 2006 is hereby conditionally approved;
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of July 18, 2006 incorporated by reference; and,
3. Allvs Wav sha 1 serve as frontage road with applicant imrlicipatinQ in he
construction costs as rewired by ACUD.
4. Access to Eaele Road shall be as approved by VAR 06-002
D. Notice of Applicable Time Limits
Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and confunns substantially to die approved preliminary plat, such segments, if
submitted within successive intervals of eighteen (IS) months, may be considered for
final approval without resubmission for preliminary plat approval. Upon written request
and filed by the applicant prior to the termination of the period in accord with 11-613-
7.A, the Director may authorize a single extension of time to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION K ORDER
CARP No(S) PP.06A02. PAGP 7 of4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DULY 3, 2007
determined and approved by the City Council may be granted. With all extensions, the
Director or City Council may require the preliminary plat, combined preliminary and
tinal plat or short plat to comply with the current provisions of Meridian Citv Code
Title 11. If the above timetable is not met and the applicant does not receive'a time
cxtensiun, the property shall be required to go through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of it plat
or conditional use permit entities the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (29) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code. -
Attached: Staff Report for the hearing date of July 18, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-06-W2- PAGE 3 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
By action of the City Council at its regular meeting held on the l8 day of
2005.
COUNCIL MEMBER SHAUN WARDLE VOTED
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED h%S'P>�
VOTED
VOTED_ t—
VOTED --�
Attest:
TFO
tlliam G. Berg, Jr., City WerkF7r ttss 1
i,ot,
Copy served upon Applicant, The Planning De"dkH�iltt, Public Works Department and City
Attorney.
By- 0 4 ► Dated: Jl - 2U `Ol,
City Clerk
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP4"02• PAGE 4 of4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR INE NtA KING UAIt UI. CW-1006
STUFF REPORT Hearing Date; ApAA42ggy r
Revised for July 18, 2006 hearing ��
TO: Meridian City Council 0 1' LUrlditlT- 1 ,
FROM: Planning Commission
Staff: Joe Guenther, Associate City Planner ``•`r `
Anna Canning, Director
Meridian Planning Department
208-884-5533
SUBJECT: Gateway Marketplace
PP-06-002 — Preliminary plat for IS lots on 22.85 acres for Gateway Marketplace
by Landmark Development Group, LLC.
I- SUMMARY DESCRIPTION OF APPLICAII'T'S REQUEST
The applicant, Landmark Development Group, LLC, is requesting approval of a Preliminary plat for 18
commercial lots to construct up to 250,000 square feet of retail and restaurant uses on approximately
22.85 acres within the Gateway Marketplace development at the Southeast corner of Ustick Road and
Eagle Road/SH-55 with a Variance to Chapter 3 Article II of Llf)C for access to .Eagle Rued. This is the
second application and would be the third commercial project constructed within the Kissler, annexation
project AZ-03-018 where Sadie Creek Promenade and Bienville Square Subdivisions are also included
with the subject annexation. The 22.85-acre site was approved for annexation with a Development
Agreement (DA) in April 2004 under the name Kissler Annexation (see File No. AZ-03-018), The DA
(Instrument No. 104107406) requires that any future use be consistent with the approved plans for the
annexation. A concept plan for the overall site was submitted with the preliminary plat application
showing building layouts, public access, cross access and drive aisles.
2. SUMMARY RECOMMENDATION
History: The Planning Commission heard the item for the first time on February 10, 2006. On Fcbmaiy
16, 2006 the Planning Commission detailed their concerns on landscaping, intereonnectivity, building
layout and parking lot configuration. The main point of discussion was on the potential future public road
which would provide connection from the site to the cast and connect with Allys Way and the access
points to Eagle Road. The commission made a recommendation to see a redesign citing staffs concerns
and included a public road connection to Eagle Road at the southern property boundary. The commission
made a second motion to direct staff to work with 1TD and ACHD and forward to the City Council a
recommendation to have a signalized intersectinn with a public street connection at the'/< mile point south
of the Eagl"7stick intersection to facilitate an intersection bypass. On March 16, 2006 the Commission
recommended approval of the Gateway Marketplace Preliminary Plat redesigned March 10, 2006.
The variance request proposes two new approaches to N. Eagle Road/State Highway 55, one for right-
in/right-out access driveway and one planned for a full access point. The Idaho Transportation
Department (TTD) has not approved any approach permits on this site and has made comment that this
site does not qualify for access by standard district policy. The ITD access executive committee met on
March 22, 2006, At the meeting rrD determined that the applicant shall comply with the «tinsiderations
outlined in the letter dated March 24, 2006. The Development Agreement for the 22.85 acres does
require a frontage type of mad. Staff feels that the future collector road east of the site sufficiently
addresses the interconnectivity of the site and may be substituted as a frontage road in cooperation with
the adjoining properties (Una Mas and ACHD annexations). The design will provide a public street
access to Ustick Road with the three points of cross access to the east, and potential future public street
south of the site to access the future Allys Way.
Gateway Marketplace Subdivision page 1
PP-06-002 -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DULY 3, 2007
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINU DAI1 UP 'i; Ib:20Ub
On April S, 2006 Meridian City staff and ACHD Right of Way Division staff met to discuss the required
public street connection to the future collector road (Allys Way). ACHD would not approve a public road
connection to Eagle Road and would only consider a public road connection to i4 mile east of Eagle Road
at the south property line. If the City Council denies the approaches, Staff feels the design of the plat
would adequately provide interconnectivity by allowing two points of connection to Ustick Road, three
points of connection the future collector road west of the site, and cross access to the south where the
future signalized intersection with River Valley Drive will connect to Eagle Road.
Staff is recommending approval of the subject application (PP-06-002) with the conditions contained in
Exhibt C of this report. Staff is also recommending denial of the access variance (VAR-06-002) as
outlined in the Variance staff report also to be heard on April 18, 2006.
The Meridian Planning and Zoning Commission heard the item on March 16, 2006- At the March 16,
2006 public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: 'Tamara Thompson (applicant's representative)
ii. In opposition: None.
iii. Corurnenting: Nonc.
iv. Staff presenting application: Joe Guenther
v. Other staff commenting on application: None.
b. Key Issues of Discussion by Commission:
i. Constructing sidewalk along McMillan Road and Meridian Road with the first
phase of the development.
c. Key Commission Changes to Staff Recommendation:
I. Including a full access to Eagle Road at `/< mile south of Ustick Road.
it. Supporting a public mad connection at y, mile south of Ustick Road.
d. Outstanding Issue(s) for City Council:
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number PP-06-
002 as presented in the staff report for the hearing date of April 181 2006, and the preliminary plat
labeled PP-1, stamped REVISED March 10, 2006 with the following modifications to the
conditions of approval: (add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number PP-06-
002 as presented in the staff report for the heating date of April 18, 2006, for the following
reasons; (you should state specific reasons for denial of the annexation or plat and you must state
specific reason(s) for denial of the conditional use permit.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number PP-
06-002 to the hearing date of (insert continued hearing date here) for the following Teason(s):
(you should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a Site Address/Location:
SE comer of Ustick Road and Eagle Road/SH55
Township 3N, Range IE, Section 4
Gateway Marketplace Subdivision page 2
PP•06-002
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DULY 3, 2007
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7i IRl2VV(i
b. Owner
Jamcs Kiss)er
1125 W . Amity
Boise Id 83705
c- Applicant:
Landmark Development Group, I.LC
Tamara Thompson
1882 Toluka Way
Boise ID 83702
d. Representative: Tamara Thompson, Landmark
e. Present Zoning: General Retail and Commercial (C-G) (AZ-03-018)
f. Present Comprehensive Plan Designation:
Mixed Use -Regional — 2002 Comprehensive Future Land Use Map
g. Description of Applicant's Request:
1. See Exhibit A (prepared by Landmark Development Group LLC) for a copy of the
detailed site plan which depicts the lot layout, building, parking and access locations.
Exhibit B shows the proposed landscape plan.
b. Applicant's Statement/Justification: The application notes that the mixed use regional
designation provides for the overall site to be developed with a mixture of Rctail,Restaurant
/Drive thru and other Commercial and office uses oriented around automobile traffic. The
applicant notes that the site is an ideal location for a retail complex and will provide the
additional landscaping along drive aisles, the design review for structures along the gateway
corridor,
5. PROCESS FACTS
a. The subject applications will in fact constitute preliminary plats as determined by City
Ordinance. By reason of the provisions of the Unified Development Code fitle l l
Chapter 6, a public hearing is required before the City Council on this nutter.
b. Newspaper notifications for initial hearing published on: Council — March 27 and April
10,2006
c. Radius notices for initial hMrintl mailed to properties within 300 feet on: Council —
March 24, 2006
d. Applicant posted notice on site for initial heating by: April 7, 2006
r,_--CjMCQqagdsQz1-ducted the initial hearing for t.Ws itemyn April 18. 2006 and approved
the project. Before the findings were adopted, the applicant requested reconsideration.
The reconsideration hearing was initially scheduled for June 6. 2006 and co tined to
June27_Z006. The project was again continued to July 18, 2006 in order to iiwomoraled
ACID conditions of approval (see Exhibit 13 for ACHD's conditions)
t, Newspaper notifications for Council reconsideration heating published on: May 15 2006
and May 29, 2006,
21 Radius notices for Council Tewmideration hearing mailed to r_.p openies within 300 feet
on: Mg.1 11, 2006
h. Applicant pos -W potice on site for Council reconsideration h Amg bby May 27 2006
Gateway Marketplace Sabdivisim Page 3
PP-IX-002
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7ULY 3, 2007
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORI FOR TIIE FEARING DAl'E Of 1'18/2006
6. LAND USE
a. Existing Land Use(s): Bare land, single family residence
b. Description of Character of Surrounding Area: Large lot residential, highwav-oriented
services, rapidly urbanizing,
c, Adjacent Land Use and Zoning
1. North: Future pad sites within Schrrutchger Subdivision, Lowe's site zoned C-G.
2. West: Sadie Creek Promenade Subdivision, Bienville Subdivision proposals, zoned
C-G, RI, and RUT
3_ South: undeveloped parcels zoned C-G with Redfeather Amtexation.
4. East: Una Mas conceptual project and ACHD future right of way, zoned RUT -
proposed zone C-G
d. History of Previous Actions: In April 2004, the owners and City entered into a Development
Agreement for various Higb Density Commercial, Multi -family Residential, transitional, and
office uses under Nile AZ-03-018. Some property was annexed and zoned to General Retail
and Commercial (C-G) with a Development Agreement while other portions of the property
(on the west side of Eagle Road) were not included in the annexation leaving out parcels
which were addressed with the original conceptual plan.
e. Existing Constfaints and Opportunities
1. Public Works
Location of sewer: Extension of mains in Ustick Road
Location of water: Extension of mains in Ustick Road
Issues or concerns: Water maid connection in Eagle Road is required.
2. Vegetation: Agricultural/Irrigated
3. Flood plain- N/A
4, Canals/Ditches Irrigation: The Milk Lateral bisects the property
S. Hazards: None identified
6. Size of Property: 22.85 acres
7 Description of Use: Up to 250,000 square fect of Retail, Conuncreial, aria
Restaurant uses and associated parking and landscape improvements.
f. Subdivision Plat information —
The submitted plat contains 18 lots in a C-G proposed zone with commercial uses,
Commercial uses are shown to be a mix ofrestaurant/retail spaces with six approximate
30,000 square foot buildings and 8 approximate 3,000 to 6,000 square foot buildings and
8 approximate 2,000 square fool attached buildings, and one approximate 40,000 square
foot officc/retail building.
g. Landscaping -
1. Width of street buffer(s): Per the Future Land Use Map, both Ustick Road and Eagle
Road are designated as "Entryway Corridors." As such, the UDC (Table 11-2B-3)
requires a 35-foot wide street buffer adjacent to both roadways. The landscape plan
(Sheet Ll.1) proposes a 35-foot wide buffer along both Ustick and Eagle Roads. If the
Gateway Marketplace Subdivision page 4
PP-06-002
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HnAKINti DATE OF 71/18/2006
applicant proposes to construct the "Entryway Corridor" buffers in easements they
must meet the landscaping standards required in the UDC.
2. Percentage of site as open space. The UDC does not require open space or site
amenities for commercial uses.
4. Other landscaping standards: The landscape buffer along Ustick Road should be
constructed in accordance with UDC Chapter 3, Article B.
h. Planned Development Characteristics - N/A
i. Conditional Use Information:
1. Non-residential square footage: 250,000
2. Proposed building height, 65 feet
3. Percentage of site devoted to building coverage: 25%
4. Percentage of site devoted to landscaping: Not defined
5- Percentage of site devoted to paving: Not defined
6. Percentage of site devoted to other uses: N/A
7. Number of Residential units: N/A
j. Amenities — The applicant is not required to provide an amenity
k. Off -Street Parking (residential uses) —N/A
1. Proposed and Required Residential Standards — N/A
m. Proposed and Required Non -Residential Parking — One off-street parking space required for
every 500 square feet of gross floor area. Thus may be addressed during detailed CUP review,
CZC review, and/or building design review but the design appears to meet the minimum
standards of the UDC parking requirements.
n. Summary of Proposed Streets and/or Access (private, public, common drive, etc.):
• The applicant is proposing two new access points to Eagle Road/S1155 to serve
the Gateway Marketplace project at approximately 700 feet and 1200 feet south
of the Ustick/Eagle Intersection,
As noted above, ITD must issue a right-in/right-out permit and a full access permit for
this site, and the access is further contingent on the Meridian City Council granting a
variance to UDC 11-3K At this time the policy in place would be for frontage roads to
serve this site and provide connection to the'h mile and the collector road systems. 1TD
has submitted a letter indicating that they will not make a decision on approving ac ess to
Eagle Road until such a time as the Meridian City Council has formally acted on the
Variance request, City staff does not support any access to Eagle Road in this location.
In addition, the applicant is proposing two new access points to Ustick Road at the
following locations:
• Driveway #1 — 350 feet east of Eagle (right-in/right-out with center median)
• Driveway #2 — 700 feet cast of Eagle (full access)
Ustick Road, from Leslie Drive to Ally Street (on the east side of Eagle Road), including
the Eagle Road intersection, has just been widened and unproved to Gve lanes. The
intersection was widened to include dual left tam lanes.
Gateway Marketplace Subdivision page 5
PP-06-002
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ]ULY 3, 2007
CITY OF MERIDIAN PLANN IN DEPARTMENT STAFF RLrORT FOR THE HEAKINU UA 1!_ Oy 7"IU2006
In addition, the recorded DA between the applicant and the City requires either a public
or private street be constructed parallel to Eagle Road/S1455 that may connect to the north
boundary and may also connect to Eagle Road, if allowed by Il D at a point to be
determined by ACHD. ACHD has stated that the applicant shall provide cross access
south and east to connect to the future collector roadway east of the site and the
connection to the signalized access proposed south of the site at River Valley Drive.
This project along with the Una Mas Project east of the site will connect with Ally Street,
a proposed public street serving as a collector roadway to the entire area. The design
received March 10, 2006 lines up at three points to the east as requested. The area plan
(Una Mas Annexation) shows private, internal driveways connecting to the future public
street; such driveways run mostly east/west connecting the Vissler site to Ally Street and
ultimately Ustick Road.
For a detailed report on both ITD's and ACHD's actions and comments, please sce the
letters/reports submitted with the application.
7. AGENCY COMMENTS MEETING On December 26'4 2005, staff held an agency comments
meeting. The agencies and departments present included: Meridian Fire Department. Meridian
Meridian Public Works Department, and the Sanitary Services Company. Staff will included all
comments and reconwiended aetious as Conditions of Approval if the Mcridiwi Planning
Commission requests approval of the design as presented. If the Meridian Planning Commission
agrees with the staff analysis that a redraw of the plat will be required of the site then staff will
provide comments at such time as a new proposal is ready for Commission review,
8. COMPREHENSIVE. PLAN POLICIES AND GOALS The subject site is designated 'Mixed
Use -Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation
is defined in part as an area that is situated in highly visible or transitioning pails of the City where
innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square
footage of non-residential uses and is intended to allow a broad range of uses.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed development (staff analysis in italics below policy):
Require that development projects have planned for the provision of all public sen•ices.
(Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of Ciro Impact, it planned to provide City services to the
subject property_ The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
• The subject lands currently lie within the jurisdiction of the Meridian Rural Eire
District. Once annexed the lands will be under the jurisdiction of the Meridian
City Fire Department, who currently shares resource and personnel with the
Meridian Rural Fire Department.
The subject lands currently lie within the jurisdiction of the Ada County Sheriff's
Oj ice. Once annexed the lands will be serviced by the Meridian Police
Department (MPD).
The roadways adjacent to the subject lande are currently owned and mointained
by the Ada County Highway District (ACHD). This service will not change.
The subject lands are currently serviced by the Meridian School District lit. This
service will not change.
Gateway Marketplace Subdivision page 6
PP-06-002
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MF..RI n1AN PLANNING DEPARTMETT ifAH- REP URT FOR THE HEARING DATE OF 7,I9/2pp6
The subject lands are currently serviced by the Meridian Library District This
service will not change and the Meridian Library District shoed suf%r no
revenue loss as a result ofthe subject annexation.
Municipal, fee -supported, services will be provided by the Meridian Building Depurm=era,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning Department, Meridian Utilitv Billing
Services, and Sanitary Services Company.
• Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities
within the Impact Area.
Stajffinds that the site is designated for MU-R on the Comprehensive Plan Future Land Use
Map. Although strictly commercial uses have not been specifically planned for this property
on the Comprehensive flan Future Land Use Map the Development Agreement j,-om the
annexation shows this portion as commercial and consistent with the overall site plan when
combined with the proposed Bienville Subdivision, and Sadie Creek Promenade Subdivision
which are all bound by the same development agreement The bulk proposal of uses would
also meet the general classifications for mixed use regional.
Chapter VII, Goal I, Objective D, Action 5: Locate new cuauuuniiy commercial areas on
arterials or collectors near residential areas in such a way as to complement with adjoining
residential areas.
Ustick Road is classified as an arterial roadway. The applicant is not proposing access from
the adjoining commercial areas by way of crass access, sidewalks or shared streets which
will provide future connection to residential areas east of the site along Ustick Road. Staff
believes that the commercial areas proposed compliment the existing and planned residential
areas in the vicinity.
• Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation
corridors_
Stglf believes that the proposed land uses are appropriate along the adjoining transportation
corridors (Ustick Road and Eagle Road). Sraffsupports the proposed uses at this site as thev
are consistent with the Mixed use regional district and the approved development agreement.
• Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on
collectors and arterial streets.
The ACHD evaluates access points in their analysis; no direct lot access is allowed to any of
the aneriallcollector roadways. The proposed access points to the arterial streets generally
comply with ACHD's standards as detailed in the staff report. Please see the ACHD staff"
report contained in the file.
ITD has indicated that they will not act on the proposed access points to Eagle Road until
such a time as the Meridian Citv Council acts on the variance requests.
The Idaho Transportation Department (ITD) has a policy far access to a Type III Principal
Arterial will be at intersections only, and spaced at one-half mile intervals in urban areas.
ITD allows approaches (other than intersections) in special cases and on a temporary basis.
The Eagle Road access shall be eliminated from this project.
• Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers
along transportation corridor (setback, vegetation, low walls, berms, etc.).
Gateway Marketplace Subdivision page 7
PP-06-002
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DULY 3, 2007
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OI• 7i18/2UU6
The applicant is proposing to construct appropriate buffers along all of the adjacent ai terial
streets. By Ordinance, a minimum 35-foot wide landscape buffer to Gaieway Corridors. The
landscape plan shows the appropriate landscape buffers.
Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this
application:
■ "Require all new parking lots to provide landscaping in internal islands," (Chapter V, Gual
III, Obj. D. #3, page 43)
• "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, The City should recognize, adopt, and help implement
the Eagle Road Access Control Study, prepared by ACHD in 1997," (Chapter VI, page 71)
■ "The capacity of arterial ... roadways can be greatly diminished by excessive driveway
connections to the roadways. The City should cooperate with ACHD to ntinutuzc access
points on arterial ... roadways as development applications are reviewed." (Chapter VI, page
72)
• "Develop methods, such as cross -access agreements, frontage roads, to reduce the ntunber of
existing access points on to arterial streets." (Chapter VI. Goal II, Obj. A, #12, page 79).
• "Identify transitional zuncs Lu buffer cominenial and residential uscs, to allow uscs such as
offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page lot)
■ "Restrict curb cuts and access points on ... arterial streets." (Chapter VII, Goal IV, Obj. D.
#5, page 107)
9. UNIFIED DEVELOPMENT CODE
a. Allowed Uses in the Commercial Districts: UDC Table 11-213-2 lists retail
storelrestauranddrive thru/ office/ financial institute uses as permitted uses in the C-G zoning
district.
b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide
for the retail and service needs of the community in accord with the Meridian Comprehensive
Plan. Four Districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location
of the district in proximity to streets and highways. C-G General Retail And Service
Commercial District: The purpose of the C-G district is to provide for commercial uses which
are customarily operated entirely or almost entirely within a building; to provide for a review
of the impact of proposed commercial uses which are auto and service oriented and are located
in close proximity to major highway or arterial streets; to fulfill the need of travel -related
services as well as retail sales for the transient and permanent motoring public. All such
districts shall be connected to the municipal water and sewer systems of the city, and shall not
constitute strip commercial development and encourage clustering of contnrercial
development.
c, General Off -Street Parking Standards (from UDC 11-3C-5):
The following standards shall apply for off-street vehicle parking for nonresidential uses: In all
Commercial Districts the requirement shall be one (1) space for every five hundred_(,500) square
feet of gross floor area.
d. Structures Subject to Design Standards (11-3A-19B5): All structures on property adjacent to
an entryway corridor (Ustiek/Fagle Roads) are subject to the design standards listed in this
section.
Gateway Marketplace Subdivision page 8
PP-06-aa2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY Or MERIDIAN Pr-ANNING DEPARTMENT STAFF REPORT FOR -I kit NtAKINOD ATE OF 7; 19120O6
e. Outdoor storage/refuse areas (11-3A-12)- Outdoor utility meters, HVAC equipment, trash
dumpsters, trash compaction and other service functions shall be incorporated into the overall
design of buildings and landscaping so that the visual and acoustic impacts of these functions are
fully contained and out of view from adjacent properties and public streets.
f- Development along State and Federal Highways (11-3H-4B2): If an applicant proposes a change
or increase in intensity of use, the owner shall develop or otherwise acquire access to a street other
than the state highway The use of the existing approach shall cease and the approach shall be
abandoned and removed.
a. No new approaches directly accessing a state highway shall be allowed-
b. Public street connections to the state highway shall only be allowed at:
i_ the section line road; and
u, the half-ttule mark between section line roads. These half -mile connecting streets shall be
collector roads.
Section 11-3H-3: The applicant shall construct a street, generally paralleling the state highway,
be designed to accommodate funlre connectivity and access to all properties fronting the state
highway that lie between the applicant's property and the nearest section line road and'or half
mile collector road. The intent is to providel(or future connectivity and access to all properties
fronting the state highway that lie between the applicant's property and the nearest section line
road and/or hall( -mile collector road. The street shall be designed to collect and distribute traffic
(emphasis added).
10. ANALYSIS
10a. Analysis of Facts Leading to Staff Recommendation
The revised PP application substantially complies with the Unified Development Code. Below
are several special considerations for the P&Z Commission to review at the public hearing
Analysis of Facts Leading to Staff Recommendation
PP Application (PP-06-002). The REVISi D preliminary plat can be conditioned to comply
with the Unified Development Code.
Dased on the policies and goals weltained iu the Comprehensive Plan and the general compliance
of the proposed development with the Unified Development Code, Staff believes that this is a
good location for the proposed development. Please see Exhibit D for detailed analysis of the
required facts and findings for a Zoning Amendment_
Non -Residential Builn • The applicant has requested a maximum of 250,000 square feet of
retail/restaurant/office spaces. Staff does not propose to limit the applicant to their request as this
area is designated as commercial, is surrounded by other commercial uses and is a prime location
for intense commercial uses designed in a clustered fashion.
Drive Thra S oration: The applicant has requested several lots to be drive thru retail uses which
have a spacing requirement of 300'. Since the site plan is conceptual in nature staff feels that the
applicant shall design the site to meet the 300' standard separation for drive iltru uses with this
(iateway Marketplace Subdivision page 9
PP-f)6402
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORTFOR THE HEARING DATL OF 7'I8/2006
application. If a drive-thru use is proposed within 300' of another drive tluu then, a conditional
use application must be approved.
Access to SH 551 Eap,)e Road: The applicant has requested an access point to Eagle Road.
According to ITD records, the applicant has submitted a request for access permit but is not
vested with an access point for this location as the change in use is the deciding factor as In when
an access point be granted. Currently the site has no access to Eagle Road and the use is
agricultural/residential where the plat will change the use to commercial and iv snhjcct to the
design requirements of UDC 11-3H. UDC requires that all access for Gateway Marketplace
Subdivision shall be taken from Ustick Road at points determined by ACHD.
Uses: All other lots shall be limited to Office/RCtail/Restaurant/Drive thru uses and General
Commercial uses listed as permitted in UDC Table 11-213-2. Any uses (excepting Drive thru)
not listed as permitted shall be subject to conditional approval.
SLdewalks- The applicant is proposing to construct internal sidewalks on the major tenant
entryways of the internal streets/drive aisles. The design shows the incorporation ofthe eight -foot
walkway which is directed to the main access to the commercial building. When and if the plat is
resubmitted as recommended, the applicant shall provide a consistent pedestrian access corridors
as shown on the revised site plan dated March 10, 2006.
Commercial Amenities: _The applicant is showing additional landscaping/patio/seating outside
along lots 1, 17, and 18. Staff supports the elimination of additional parking along Eagle Road
and when the detailed approvals are submitted for each building the applicant shall ensure these
features are included as amenities in the intersections of the gateway corridors.
Landscape Street Buffers:
erials. UDC 11-2B requires a 35-foot wide street buffer along classified arterial roadways
and entryway corridors. Eagle Road and Ustick Road are classified as Arterial Roads. On the
submitted landscape plan, the applicant is proposing to construct a 35-foot wide street buffer
along Ustick Road and Eagle Road. The applicant should be required to depict the required
street buffers or) the faco of the final plat in an casetvent or place the required buffers in
common lots as per UDC 11-3B. See Exhibit B below.
Commercial Strecls. UDC 11-2B inquires a 10-foot wide street buffer along comnx:rcial
roadways. The submitted plat does not include commercial cross access east and south. Staff
feels that a designed commercial cross access street shall be provided and subject to the
landscape standards for commercial street buffers. Within the 10-foot street buffer, a
detached sidewalk shall be provided.
Ditches 1 aterals, and Canals: There are several litigation laterals that bisect this parcel. Per L'DC
11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled- The
applicant is proposing to tile all of the irrigation facilities located on site_ See Exhibit B below.
Pressure Lttieation: The City of Mendian requires that pressurized irrigation sybtcnls be supplied
by a year-round source of water (UDC 11-3A-15). The applicant should be required to utilize 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 used, the developer will be responsible for the payment of assessments for the
common areas prior to signature on the final plat by the City engineer- An underground,
pressurized irrigation system should be installed to all landscape areas per the approved
specifications and in accordance with City Code. See Site Exhibit R helow.
Gateway Marketplace Subdivision page 10
PP-06.002
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE VF 7r18/2110b
Fencing: The applicant is not showing any fencing on any of the submitted plans. A detailed
fencing plan should be submitted upon application of the final plat (UDC 11-3A-7), if permanent
fencing is not provided, temporary construction fencing to contain debris must be installed around
the perimeter prior to issuance of a building permit. Ali fencing should be installed in accordance
with City Code. See Exhibit B helow.
Crass -access Internal: There are some commercial lots that do not have frontage on a public
street. Instead the applicant is proposing to provide cross -access easements to the lots that do "mot
have public street frontage. Because several of the proposed lots do not have frontage on a public
street, the applicant should provide a crass parking/cross access agreement for all of the lots
within the retail and other commercial portions of the subdivision to use the driveways end
parking aisles. Access to Eagle road shall be determined by the Meridian City Council and at
least the non -signalized access point to Usnck Road shall be designed to serve as a commercial
collector for interconnectivity to the south and vehicular movement in the north/south direction in
cooperation with the parcel east of the site. Maintenance of the drive aisles and parking areas
should be provided for in a note on the face of the final plat, AND/OR in a document such as
CCRs. See Exhibit B below.
Cross -access South: The applicant shall be required to provide cross access to the parcels south
of the site. The project is a portion of a larger site project (Kissler Annexation) and fire sites shall
maintain consistent traffic flow for the entire site
Eagle Road Access: The Idaho Transportation Department (11D) has a policy for access to a
Type IV Principal Arterial will be at intersections only, and spaced at ate -half ruile uuervals in
urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary
basis. The access points shown at approximately 850 feet south and 1350 feet south Of the Ustick
Eagle Road intersection shall be elimmated as it does not meet criteria of either ITD or the
Meridian Comprehensive Plan.
Loading Soace Parking: UDC 11.3C-8 requires off-street loading spaces for commercial uses.
The Certificate of Zoning Compliance (CZC) application shall clearly demonstrate that hot,' a
Type A and Type B space are available on site, located near the refuse/service area behind the
building.
Elevations: The applicant has not submitted building elevations of the proposed structures. T11e
application lists the proposed building materials, including stone, hrick, shlcco and timber to be
accented with chrome, aluminum and gloss painted trims. UDC 11-3A-19 requires all structures
on property adjacent to an entryway corridor to comply with the design standards listed in this
section. Staffs interpretation of the UDC is that the applicant may choose to place the "primary
entrance,, on an elevation other than the public street side_ However, the public street elevations
(iJ,tick- Road and Eagle Road) must still meet the other standards listed in 11-3A-]9 (except for
the primary entrance standards).
The elevations will need to be reviewed prior to issuance of CZC to comply with the following
ordinance standards:
a) Facades: Facades visible (ruin a public street shall incorporate modulations in the facade,
roof line recesses, and projections along a minimum of twenty percent (20%) of the
length of the facade.
b) hoof lines: Roof design shall demonstrate two or more of tlic following: a) overhanging
eaves, b) sloped roofs: e) two (2) or more rlxtf planes; d) varying parapet heights; and e)
page 11
Gateway MarkMlaw Subdivision
pp-ohdN12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR1NU UAI tz UP 7,1r12006
cornices.
c) Mechanical equipment; All ground -level and rooftop mechanical equipment shall be
screened to the height of the unit as viewed from the property line.
d) Color and Materials: Exterior building walls shall demonstrate the appearance of high -
quality materials of stone, brick, wood or other native materials. Smooth -faced concrete
block, tilt•up concrete panels, or prefabricated steel panels are prohibited except as accent
materials.
Refu e/ServiceA1U creep: Neither the Site Plan or Landscape Plan call -out how or if the
refuse/servicc area on the east side of the buildings will be screened. UDC 11-3A-12 requires the
visual and acoustic impacts of these functions are fully contained and out of view from adjacent
properiies and public streets. The applicant's CZC application must clearly demonstrate how this
standard is tnet.
Cross Acees" _ The property to the south is dependent on access for interconnectivity and is
directly tied with the existing Development Agreement for providing a frontage road to Ustick
Road The applicant has provided a design not showing any points of access within the
immediate vicinity. These points of access are paramount on the success of the general area and
staff feels a minimum of three points of cross access shall he provided to the east and one point of
access to the south, which Rhall all he designed to private street standards for pedestrian and
vehicular traffic circulation.
St ri veto menu The purpose statement of the General Commercial District specifically
reads, "shall not constitute strip commercial development and encourage clustering of
commercial development." The comprchcnsivc plan policies further reads, "Usc the
comprehensive plan, subdivision regulations, and zoning to discourage strip development, and
encourage clustered, landscaped business or residential development on entryway corridorss-"
The applicant has revised the plans to address this concern. Changes to the original design
include nloviug access points away froun Ustick to allow for better stacking, this also cli uiadicd
the small lots along the ustick frontage and replaced them with more retail/restaurant uses on
larger pad style uses. These pad uses also incorporated additional landscapeing screening and
redirection of traf6dpedestrian movement along Ustick. The applicant also removed one large
box user pad and moved it to a pad in a central location, shown on the redesign as lot 11. The
applicant has revised the landscape plan and has included six landscape strips with internal
sidewalks to break the parking lot into smaller sections. Staff would find that the redesign of the
project would not constitute strip development as shown on the design revised March 10. 2006.
9b. Staff Recommendation: Based on the above analysis, staff finds the revised Preliminary
Plat applications conforms to the adopted DA, Comprehensive Plan policies and UDC standards.
As noted under staff analysis we recommend the building elevations be submitted in compliance
with the entryway corridor standnrd5, the Access point to Fagle Road he ellmtnalcd and
redesigned. Staff recommends approval of the application subject to the conditions of approval
shown in Exhibit B.
11. EXHIBITS
A. Drawings
1, Preliminary Plat (by The Land Group, Revised March 10, 2006)
page 12
Gateway Marketplace Subdivision
pP-06-002
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CfI Y UP MBKIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7:I V2006
2. Landscape Plan (by The Land Group, dated March 7, 2006)
B. Legal Description
C_ Conditions of Approval
I . Planting Departnmt
2. Public Works
3. Fire I)epartmcnt
4. Police Department
5_ Parks Department
6, Sanitary Services
7. ACHD 0 ated
D. Required Findings from UDC
1. Preliminary Plat
Gateway Mwketplace Subdivision
PP-06-002 Page 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THk HkARING DATE OF 71812006
Exhibit Al: Preliminary Plat PP-1(The Land Group) Revised March 10, 2006
i l I' f l i p itI
ssss
1— 1 n
IL
r�� 1
�i+l'lli ll7P f� � 7 �I�4��t o0
� ��uir��! d•�
l i t 1 i 1 GATEWAY MARKETPLACE $IJB�N1910N ?:
1�� � Pr9NminMy ppl ,�1 1,
i I 1 � Abridien. ICaAo is
Gateway Marketplace Subdivision
C�hibit A Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPOkT FUR 1-Nb NCARING DATE OF 718/2006
Exhibit A2: Landscape Plan L1.1(The Land Group) Dated March 7, 2006
Gatrway Markctplace Subdivision
Exhibit A Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLAN NINO DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF "'18,2006
Exhibit B: Legal Description
P.N. 2279
cloiborn A, waite consultilug,.lic
englneera 8: surveyors
120 N. Curti, Rd.
Eoi,s, Idttlw 83706
(208r 3764555
Pax (20S) 429.9862
October 20, 2005
PARCEL. "A"
USTICK PROPERTY
REMAINDER PARCEL DESCRIPTION
A Dame) of land lying in the Northwest 1/4 of Section 4, T.3N., RIB., a,M., ,Ada
Cttuney, Who, and being more Particularly described as follow,:
Com
Nmh bo idSnd y of said the Northwest comer of said Section 4, thence S 89 49'08" A along the
9706 ' �tin; � Section 4 wid the outer ine of Uslick Road for a distance of
2
thence
et .aaving said Nvrtlt bounday &W teotedine S 01' 50'52" W for & di&4nee of 77.96
OF BEGpoil2t n the South �� W%Y litre of UrUGk Road, bw1k%the REAL POINT
thanes &long Said South r)ghtwf-way line for the followittg 13 courses;
N 44 02' 14" E Por a distance of 47 06 feet,
thence 8 89' 49'08" E for a dintutee of 262, g 1 feet;
them S 47 51'21 " E for 4 distance of 41,18 feet;
tltdtce N 97 17' 10" E for a distaoee of 29.03 fart;
thtrace N 4Z 43'35" 8 for a di9Wft of 40.57 feet;
thence N 89 13'34" E for a distance of 179,28 fep (formerty described as 179,20 feet);
thaw 8 49'09" E /bf a ditlMuce of 10 00 feet;
tli:rc.• V is h. "I
:. w1.:...:0 ul lk a i 1tt1.
C:"r0Js-'A)it1ckLLA A41C I •
Gateway Marketplace Subdivision
Exhibit 13 page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAKINtl PATE OF 7; 18l2006
claiborn L, _w0ite consulting ilc
engineers & surveyors
120 N. rluti.r Rd.
Boise, Idaho 83706
(202) 376.9353
Fax (209) 429-9%2
P.N. 2279 October 20, 2005
PARCEL "B"
US'TICK PROPERTY
&51 ACRE SPLIT
A parcel of land lying in the Northwest 1/4 of Section 4, T.3N., R W., B.M., Ada
County, Idaho, and being more Particularly described as follows-
COMItleneing at the Northwest corner of said Section 4, thence S 89 49'08" E along the
North boundary o£aaid Section 4 and the owurline of Usdck )toad for a distance of
97,62' feet;
thence laving said North boundary and centerline S Ol' S0' 52" W for a distance of 77.96
feet to a point on the Fast righaof«way line of Eagle Road;
thence along said Past right -of way line S 01' 50'52" W for a distance of 1039.43 feet to
the REAL POINT OF BEGIIVN M(;;
thence continuing along said Fast right-of-way line S 01, 50,52" W for a distance of
154.90 feet
thence S 00' 36' l3" W along said East right-4-way line for a distance of 114.17 feet;
thence leaving said East rj&-o way life S 89 51'00" E for a distance of 700.02 Poet;
thence N OCT 36' 13" E for a distance of 93.77 feet to the South boundary of CAwert rnent
Lot 4 of said Section 4;
thence S 89 51'00" E along said South boundary for a distance of 61 35 feet;
ehrnr. lnsvi.ti. r.i.l C..t.rl, t. y._�.I,.r. ��rc . q•nn-• .- r
fC:t,
thence N 89 51'00" W for a distance of 363.00 feet;
0 1! IV 1 WI., W 0 J:,.I::. 1. ,: a. Ut, lcrt.
C Tn;) lrtus0dJ LA (2279ADocumenls\ wcw B.doc. 1 .
Gsteway Marketplace Subdivision
Exhibit B Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MEAIDIAN PLANNING DEPARTMENT STAFF RFV0K'1 1;01( THE HEARING DATE OF VI V2006
thence N 89 51'00" W for a divance of 17 /. UO feet;
thence S 0Q 09'00" W for a distance of 34.50 feet;
thence N 89r 51'00" W for a distance of 219,67 feet to the REAL POINT OF
BEGINNING;
colitaining 5.51 acres of land, more or less.
Prepared by: Todd R Waite P.L.S.
CAPrOOMMUatidLLA (2279)0M tWJftftndA.doe- 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING DEPARTMENT 5'1-AFF REPORT FOR THE HEARINO DATE OF 7;I8/2006
C. Conditions of Approval
I. Planning Department
SITE SPECIFIC REQUIREMENTS-,. (Gateway Marketplace)
1.1.1 The preliminary plat labeled as PP-1 prepared by The Land Group, Revised March 10, 2006, shall
is approved, with the conditions listed herein. All comments/conditions of the accompanying
Annexation and Zoning (AZ-03.018) Development Agreement shall also be considered
conditions of the Preliminary Plat,
1.1.2 UDC 11-3C-8 requires off-street loading spaces for commercial uses. The Certificate of Zoning
Compliance (CZC) application for this project shall clearly demonstrate that adequate parking is
available oD site, lutattxl near the refuse/service area designed at the building.
1.1.3 Graphically depict on the face of the plat, the required 35-foot wide landscape buffer along Ustick
Road and Eagle Road,
1.1.4 The applicant shall consider the landscape plan approved as submitted with the following
Individual lot landscaping considerations, the final plans to the shall sngnificantly conconformsubmitted plan which shows
• Pad spaces with landscaping, 17, and 18 patio, and cooperative outdoor user space. Lots 1, 3, 4, 5,
• Perimeter landscaping- 20' along the eastern perimeter
• Roadway landscaping- 20' with an internal sidewalk along the southern perimeter and a
minimum of'k of a 42' road section.
• Internal sidewalks/landscaping planters- these planters shall have a minimum of one tree
per 35' and an 8' wide sidewalk,
Eagle Road may be for construction purposes if approved by ITD
1.1.5 No direct lot access to Ustick Road or Eagle Road will be allowed. The existing driveways to
. At such time, access to Eagle
Road shall be prolubiteal unless specifically granted through variance.
1.1.6 That prior to signature of the city engineer cross access to parcels east and south of the site be
granted.
1.1.7 The applicant shall provide commercial cross access drives to the properties east of the site as
shown vu tlne rvvised plans. These access roadways shall be designed according to private street
standards as listed in UDC I 1-3F, with a minimum of 24' travel way, no parking or backing on to
the service drive, a one side five foot detached sidewalk with a 5' landscape buffer. The
commercial cross access drive is to provide connection from the future Public Roadway (Ally
Street) east of the site, through the Una Mas Annexation site, and provide the most direct
vehicular traffic flow to a public road system
L 1.8 The applicant shall work with ACHD to determine if a public frontage road shall be provided al
the southern boundary of the site. One half of a 42' public roadway design for a tione P bi ed ai
road shall be reserved at this site until such a time as ACIID staff provides a written statement
refusing the reserved area_
1.1.9 Maintenance of all common areas shall be the responsibility of the Gateway Marketplace
Subdivision Business' Owners Association(s)
1.1.10 The applicant shall submit from the County Surveyors Office the appropriate documentation
showing that usage of Gateway Marketplace as an approved subdivision name.
Gateway Marketplace Subdivision
Exhibit C Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY of MERIDIAN PLANNING DEPARTMENI SIAY! REPORT FOR THE HEARING DATE OF 7 18'20Q6
1.1.11 Any roof -mounted mechanical equipment will be screened from view from any public right-ol=
way, The applicant shall submit drawings at the time condition is complied with, of CZC submissionm
that demonstrate this
1.1.12 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11.
1.1.13 All structures within Gateway Marketplace Subdivision shall submit a
at the time of Certificate of Zoning Compliance application. design review application
I .l .14 Comply with UDC 11-3A-12 regarding a screen for the refuse/smice area.
1 1.15 No irrigation pump station or facility is shown on the Site Pl
the site, an. However, if one is proposed for
it must be located outside of any required street buffer. Impervious surfaces are
prohibited in said buffers.
1.1,16 Prior to the City Engineer's signature of the final plat, all exist -
from from the site. ng structures shall be removed
1.1.17 Provide internal cross access/cross parking agreement(s) for all lots in Gateway Marketplace
Subdivision. All cross access drive aisles shall only approach the ACHD approved points of
access to the public street system. Maintenance of the aisle and parking areas shall be provided
for in a note on the face of the final plat, AND/OR in a document such as CCR's.
L 1.1 S Other than the points of access approved by ACHD, direct lot access to Ustick Road and Eagle
Road is prohibited. A note shall be placed on the final plat restricting access to Eagle Road and
Ustick Road,
1.1.19 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Huusiag Act.
1.1.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Euvirolwleutal Protection Agency.
1.1.21 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where routing would sit atop fill material.
1.1.22 AUvs Wav shall serve as frontage road with annlicant comrtuittlrl to chon costs pav one half of
conatru
GENERAL REQUIREMENTS —PRELIMINARY PLAT
1.1.1 Sidewalks shall be installed within the subdivision and Or, the perime pursuant to City Code, ter of the subdivision
I.1.2 All areas approved as open space shall be free of wet punds ur Other such nuisances. Al]
stormwater detention facilities incorporated into the approved open space are subj n s UDC 1 ] -
3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated
surface materials shall not be used in open space lots, except as permitted under UDC 11-3A-
1 R- Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
Proposed by staff, If the stormwater detention facility cannot be incorporated it110 the approved
open space and still meet the standards of UDC I1-3A-18, then the applicant shall relappre the
facility. This may c require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of final construction.
Gateway Mark -place Subdivision
Fxhibit C Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY Or MERIDIAN rLAN NINC DEPARTMENT gTArF REPORT FOR T'Nt HLARIt, G DATE OF 7i18/2006
1.1.3 The applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. If permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building permit. All fencing
should be installed in accordance with City Code.
1.1.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
L L 5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per LiDC 11-3A-6,
unless otherwise approved by the Irrigation District(s). Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non -approval submitted to the Public Works Department. If lateral users association
approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer
prior to final plat signature,
1.1.6 Staffs failure to cite specific ordinance provisions or terns of the approved Preliminary Plat does
not relieve the applicant of responsibility for compliance.
1.1.7 Preliminary plat approval shall be subject to the expiration provisions set Curth in UDC 11-6A.
2. Public Works Department
2.1 Sanitary sewer service to this development is being proposed via extension of mains in Ustick
Road. The applicant shall install all mains necessaly to provide service; applicant shall coordinate
main size and routing with the Public Works Department, and execute standard forms of
easements for any trains that are required to provide service. Minimum wver 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 being proposed via extension of trains in Ustick Road. The applicant
shall be responsible to install water mains to and through this development, coordinate main size
and routing with Public Works.
2.3 Due to the commercial uses on this project, a connection to the water main in Eagle Road shall be
required to guarantee adequate fire flow. Coordinate main size and routing with the Public Works
Department.
2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall not be dedicated via
the plat. The description shall be consistent with the graphically depicted easements on the plat
but be recorded as a separate document using the City of Meridian's standard forms. Submit an
executed easement (supplied by Public Works), a legal description, which must include the area
of the easement (marked EJCIIIBIT A) and an 81/2" x I I" map with bearings and distances
(marked RXHIRIT R) 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.
2.5 The applicant has indicated the pressure irrigation system in this development is to be maintained
as a private system, therefore plans and specifications will be reviewed by the Public Works
Department as pan of the construction plan review, A "draft copy" of the operations and
maintenance manual will be required prior to plan approval with the "final draft" being required
Gateway Marketplace Subdivision
Exhibit C Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THh HEARING DATE OF 7:18/2006
prior to final plat signature on the last phase of this project.
2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-6). The applicant should he 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
signature on the final plat by the City Engineer,
2.7 All existing structures shall be removed prior to signature on the final plat by the City Engineer.
2.8 Any existing domestic wells and/or septic systems within this project shall be removed front
domestic service per City Ordinance Section 9-14 and 9A-8. Wells may be used for non -
domestic purposes such as landscape irrigation.
2.9 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non -approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.10 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall
be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stone water
treatment and disposal shall be dcsigued in accoidauce with Deparunent of Environmental
Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities
and Counties and City of Meridian standards and policies. Off -site disposal into surface water is
prohibited unless the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources regarding Shallow
Injection Wells.
2,11 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved and the Final Plat for this subdivision shall be
recorded, prior to applying for building permits.
2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.13 All development improvements, including but not limited to sewer, fencing, micro -paths,
pressurized 'irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occuupancy.
2.14 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
2.15 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.
2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that
rrlay be required by the Environmental Protection Agency.
2.17 Applicant shall be responsible for application and compliance with any Station 404 Permitting
that may be required by the Army Corps of Engineers.
2.18 Compaction test results shall be submitted to the Meridian Building Department for all building
Gateway Marketplace Subdivision
Exhibit C Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DULY 3, 2007
CITY OF .MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR I" L IiEAR ING DATE OF 7i Ia!2006
pads receiving engineered backfiil, where footing would sit atop fill material.
2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation.
3. Meridian Fire Department
3.1 Acceptance of the water supply for Ere protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 1/" outlet face the main street or parking lot aisle.
b- The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IF'C Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.4 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall he marked in
accordance with Appendix D Section D103.6 Signs.
3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
3.6 Commercial and office occupancies will require a fire -flow consistent with the International Fire
Code to service the proposed project_ Fire hydrants shall be placed per Appendix D.
3.7 The 23 offrce/commercial lots lot will have an unknown transient population and will have an
unknown impact nn Meridian Fire Department call volumes. The Meridian Fire Department hab
for
experienced 2612 responses in the year S According to a report completed by Fire & Emergency
3800 by the year ZU 10. Services Consulting Group our requests for service are to
to reach 280U in the year 2005 and
3.8 Maintain a separation of 5' from the building to the dumpster enclosure.
3.9 Provide a Knox box entry system for the complex prior to occupancy.
3.10 The applicant shall work with Platiaing Department staff to provide an address identification plau
inlerseetion(s).
and sign which meets the requirements of the City of Meridian sign ordinance at the required
3.11 The Fire Dept. has concerns about the ability to address the project and have the addresses visib]e
from the street which the project is addressed of Of. Please contact Vicki Heugly at 898-Svi to
address this conccm prior to the public hearing.
Gateway Marketplace Subdivision
Exhibit C Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DULY 3, 2007
CITY OF MERID[AN PLANNING DEPARTMENT STAFF REPORT FOR 1Hh HEARING DATE OF 7/1A:2006
3.12 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the international Fire Code.
3.13 Provide exterior egress lighting as required by the International Building & fie Codes.
3.14 Where a portion of the facility or building hereafter constructed or "loved into or within the
jurisdiction is more than 400 feel (122 m) frum a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on -site fire hydrants
and mains shall be providod where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with 5cctioa 903,3.1,1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
i. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
ii. For buildings equipped throughout with au appruvW auturnatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183
In).
3.15 There shall be a fire hydrant within 100' of all Fire Department connections.
3.16 Buildings over 30' in height are required to have access roads in accordance with Appendix D
Section D105.
3.17 Side yard fences shall not be allowed,
3.18 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 in) shall
be provided with two separate and approved Ere apparatus access roads. Exception: Projects having
a gross building area of up to 124,000 square feet (11520 mi) that have a single approved fire
apparatus access road when all buildings are equipped throughout with approved automatic sprinkler
systems. (Remoteness Required)
4- Police Department
4.1 The police department supports the requirement for a frontage road as the length and bulk of the
proposed buildings impedes servicrability to all sides of the project.
5. Parks Department
5 i Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance 11-313 will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance
5.3 Tree Grate and Tree Box standard: The proposed tree grate shall be a 6 ftx)t by 6 foot, cast iron,
French pattern tree grate. This grate shall be placed in a 6 foot by 6 foot inside diameter tree box
with a steel grate frame set in concrete, Prior to CZC approval, contact Meridian Parks and
Recreation Department for specifications and tree box construction drawings.
6. Sanitary Service Company
Gateway Marketplace Subdivision
Exhibit C Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DULY 3, 2007
CITY OF MERID[An PLANNING Dt PARTM ENT STAFF REPORT FOR THE HEAR]NU DATE OP 7,r8U2U06
stamped (approved) plans with your certificate of zonin-e compliance application. 6.1 Please contact Bill Gregory at SSC (888.3999) for detailed review of your proposal and submit
7. Ada County Highway District
Site Specific Conditions of Approval dote. previous conditions were delete d renlaced.l
7.1. s t a S_f de detached concrete sidewalk o
n U eas for sidewalkloc ed out ide of the right-of-way.sti Road. Pruvide a sidewalk
7.2. Utihze ri n/ t-out d ' ewe on Ustick Road located a roximatel 350-feet st of SH-
55. Construct a raised edian ' e center f thejoRdway to TOStrict the access,
7.3. titilize a full acces veway on Uptick Road located an roxunately 70U feet easr of SH-55.
7A, Construct the wecrerly he1F F A 11.... m__.
concrete sidcwal and a mi 24-feet Of'121VC111211t,
7.5. Enter into a Develop ePit A eern—, with the District to prgvide for the dcsien and consttu r'on
of Ally§ Way to a full 46-foot street section with curb softer and Sidewalk on both sides from
curb,
blck Road south approximately 1 355-feet The District sh uld be res ns 'Lie for the cost of
curb, gutter an_ d sidewalk on the east side of Ilv Pyr. agn
s Wav and 18-feel of pa movement to complete the
road section. The Development A~--t should be exW2ted prior to approval of the fins Riat.
7.6. Comply with all Standard Conditions of Annroyal
Standard Conditions of Approval
7.1 Any existing irrigation facilities shall be relocated outside of the right-of-way.
7.2 Private sewer or water systems are prohibited from being located within any ACIID roadway or
right -of --way.
7-3 All utility relocation costs associated with improving street frontages abutting the site shall be
home by the developer,
7.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.5 Comply with the District's Tree Planter Width Interim Policy.
7.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6259 (with file numbers) for
details.
7.7 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
applieablr ACHD Ordinances urdess specifically waived herein. An engineer registered in the
Slate of Idaho shall prepare and certify all improvement plans.
Gateway Marketplace Subdivision
Enhibit C Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 718i200t,
7.8 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.
7.9 (Alnstruction, use Rnd property development shall be In conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.10 Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also ]mown as Ada County highway District Road Impact Fee Ordinance.
7.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD 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
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compronused during
any phase of construction.
7.12 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 confirmation of any change from the Ada County Highway District,
7.13 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, urdinances, 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.
Gateway Marketplace Subdivision
Exhibit C Pagc 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF AILRID IAN PLANN IN DCPARTM ENT STAFF REPURT FOR THE HEARING DATE OF '. 19Q006
Exhibit D. Required Findings from Unified Development Code
Preliminary Plat Findings (UDC 11-6B-6):
In determining the acceptance of a proposed subdivision, the Commission and Council shall consider
the objectives of this Title and at least the following:
A. The conformance of the subdivision with the Comprehensive Development Plan;
In Chapter VII of the Comprehensive Plan, `Mixed Use Regional' is defined as areas including
commercial and residential development consistent with auto and service oriented uses. The; Council
finds that the requested General Commercial (C-G) zoning designation is in accord with the
Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use -
Regional". The purpose of the (`-G district is "to provide for a review of the ionpact of proposed
commercial uses which arc auto and service oriented and are located in close proximity to major
highway or arterial streets; to fulfill the need of travel -related services as well as retail sales for the
transient and permanent motoring public,"
The Council finds that the proposed zoning is in general conformance with p,c comprehensive plan
(Please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action
items that apply to this development).
B. The availability of public services to accommodate the proposed development;
The site is intended for commercial uses which, based on the Comprehensive Plan description, will
have such uses as retail, wholesale, service and office uses, as well as appropriate public uses such as
government offices. The applicant will be responsible for the extension of all utilities necessary t
serve this proposed development. o
Permanent sanitary sewer service to this development is to be
provided by the extension of sewer in Ustick Road and extended south through the site to he looped
with extensions in Eagle Road. The applicant will be responsible for the extension of utilities to and
through this proposed development. Sizing and routing shall be coordinated with the Public Works
Department,
Other urban services, such as water, are near to this site and the applicant should be able to extend
such services to the site.
The applicant and/or future property owners will be required to pay park and highway impact fees.
ACBD has submitted a staff report with site specific and standard conditions which will is attached as
Exhibit C. On December 28, 2005, a joint agency/department comments meeting was held with
representatives of key service providers to this property. Based on the joint agencyidepartment
meeting and other comments received from agencies/departments, staff finds that except for sanitary
sewer, the public services listen above can he made available to accommodate the proposed
development_ The Commission and Council reference any written and/or verbal testimony submitted
by any public service provider, regarding their ability to adequately service this project.
If approved, the developer will be financing the extension of sewer, water, local street infrastructure,
utilities and irrigation services to serve the project. The primary public costs to serve the future
residents will be fire, police and school facilities and services. The Council finds there will not be
excessive additional requirements at public cost and that the proposed zoning and subsequent
development will not be detrimental to the community's economic welfare.
C. The continuity of the proposed development with the capital improvement program;
Gateway Marketplace Subdivision
Exhibit F Page i
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING DVPARTM ENT STAFF RkFORT FOR THE HEARING DAI t OF 7 ls120ob
Because the developer is installing sewer, water, and utilities for the development at their cost, the
subdivision will rut requite the expenditure of capital improvement funds.
D. The public financial Capability of supporting services for the proposed development;
Please we Exhibit B for comments and conditions fiiom other agencies and departments.
E. 7-he other health, safety or environmental probleus that may be brought to the Commission's
attention.
The Council is not aware of any health, safety or general welfare problems associated with the
development of this subdivision that should be brought to the Council or Coutmission,s attention.
ACHD considers road safety issues in their analysis, The Corrunission and Council reference any
public testimony that may be presented to detcrimne whether or not the proposed subdivision may
cause health, safety or environmental problems of which staff is unaware.
F. The development preserves significant natural, scenic or historic features.
The Council is not aware of any natural, scenic or historic features which require preservation. The
applicant will be required to maintain, fence, and improve the waterways which are existing on this
site.
Gateway Marketplace Subdivision
Exhibit F Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
In the Matter of Variance request for two accesses to SIR SS/ Eagle Road, for Gateway
Marketplace Subdivision by Landmark Development LLC.
Case No(s). VAR-06-002
For the City Council Hearing Date of: April 18, 2006, June 6 2006 and June 27 2006 with
Mp-datedfindings for annroval on lulu 18 2006 Citv Council agenda.
A. Findings of Fact
I. Hearing Facts (see attached updated Staff Report for the hearing date of April 18, 2006
incorporated by reference)
2. Process Facts (see attached updated Staff Report for the hearing date of April 18, 2006
incorporated by reference)
3, Application and Property Facts (see attached u ated Staff Report for the hearing date of
April 18, 2006 incorporated by reference)
a. Required Findings per the Unified Development Code (see attached updated Staff Report
for the hearing date of April 18, 2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF I.AW AND DECISION & ORDER
CASE NO(S). VAR-06-002-PAGE 1 of3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
4, Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will
impose expense upon the public if proposal is allowed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
Party requesting notice.
7. That this approval is subject to the Legal Description, and the all in the attached findings
in the RRdga—teAStaff Report for the hearing date of April 18, 2006 incorporated by
reference.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § I I -SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Variance Request for accesses to SH 55/ Eagle Road is hereby domed
approved; and
2. The annlicanr ctia11 t,P �tt,....°a _�__ __
D. Notice of Final Action and Right to Regulatory Takings Analysis
I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twcnly-eight (28) days aller the final decision uonuerrting the rnallcr at issuc_ A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached. Undated Staff Report for the hearing date of April 18, 2006
CITY OF MERIDLAN fINDINGS OF FACT, CONCLUSJONS Of LAW AND DECISION & ORDER
CASE NO(S). VAtt-06-002- PAGE 2 of 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
By action of the City Council at its regular meeting held on the Ip
2006. _ day of
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER 70C DORTON
COUNCIL MEMBER CIIARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de Wt.rRD
(TIE BREAKER)
VOTED_6 A---
VOTED�,..E'
VOTED �✓ A ��+.�
VOTED
VOTED
Mayor T de Weerd—
Attest:
William G. Berg, Jr., C Clerk
COPY served upon Ap
plicantThe plaro'�ypublic Works Department and City
Attorney.
By JL—
City Clerk — Dated:— - 20- Q V
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORt)ER
CAV Nn(R), VAR-06-002- PACF I of i
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MEJUDIAN PLAWNG AND ZONING DEPARTMENT STAFF REPORT FOR HEARING UA'I L OF 4/I snx,
STAFF REPORT City Council
Hearing Date: April I8, 2006 & June 27, 2006 �
U dated for Jul 8 2006 findin s ►,�� 1'!�
TO:Mayor and City Council C' Y Lrfiil�jG�%.
" -'.1
FROM:
Joe Guenther, Associate City Planner i
Updated by Anna catuune Director
SUBJECT- Gateway Marketplace Subdivision Variance
File Number: VAR-06-002 - Variance request to allow a right in/right out access
and a right in/right out with a left in access onto Eagle Road, SH 55 for Gateway
Marketplace by Landmark Development Group, LLC.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant is requesting a variance from Section 1 I-3H-4 of the Unified Development Code (UDC)
that prohibits new vehicle approaches to state highways. The Variance application proposes a new
approach to Eagle Road, SH 55, one access driveways for right in, right out with a possible left in at
approximately 1,350 feet south of Ustick Road and one access driveway for light in, right out at
approximately 845 feet south of Ustick Road. ITD staff indicated that the proposed access point does not
meet district policies. The Idaho Transportation Department (ITD) has not approved any approach permits
on this site and has made comment that this site does not qualify for access by standard district policy.
The ITD access executive committee met on March 22, 2006. At the meeting ITD determined that the
applicant shall comply with the considerations outlined in the approval letter dated March 24, 2006 which
also state the access permit application to be contingent on obtaining a Variance to Section 11-3H of the
UDC. ITD staff acknowledged that they were required by state cock to issue the access pernuts to
deeded access points on state highways but encouraged the City of Meridian to be the authority on land
use planning.
The Variance application pertains to the 22.85 acres proposed as a commercial mixed use development,
the applicant has submitted a development application (PP-06-002) consecutively with the variance
request which will also be heard on April 18, 2006. The City Council has final decision authority on the
Variance application.
The main reasons the applicant believes a variance is justified are summarized in Section 31. on page 2
of this report.
The Council voted to deni the r uested access on April 1 2006. Prior to adoption of the findingsthe
a li nt re uested econsideration of the Council's decision. The C MR conducted a second heaein nn
Jutte 27, 2006. The aunlicartt's rruuest at that hearing was ror tght in permanently and Tight -tout
temporarily at two locations: 1,350 feet south of Ust Road and aoptoximatcly 85Q feet south oCUstic k
e Cound voted to approvi ri t- at Dot ati
2. SU*MARY RECOMMENDATION
Staff is recommending denial of the subject Variance application (VAR-06-0(JZ) for the reasons listed
herein. We do not find that the application meets all of the findings required in the UDC: in order for the
City Council to grant a variance (see Exhibit C). Section 11-3H-3 of the UDC does state that the City
Council may consider and apply modifications to the standards of Article H upon specific
recommendation of the ITD. However, to staffs knowledge, no such specific recommendation has been
provided to date. (See the analysis, beginning with Section 9 on page 5 of this report, for more details.)
3. PROPOSED MOTIONS
Gntewey Marketplace Subdivision Access
VAR-0&002
PAGE
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
C11T OF MERIDLAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 411 s.%0ti
Approval
After considering all staff, applicant and public testimony, I move to approve File Vumber VAR-
06-002 as presented in the staff report for the hearing date of April 18, 2006, and the site plan
(preliminary plat) labeled PP-1, stamped REVISED March 10, 2006 with the following
nwiflcations to the conditions of Approval. (add any proposed modifications)_
Denial
After considering all staff, applicant and public testimony, I move to deny File Number VAR-06-
002 as presented in the staff report for the heating date of April 18, 2006, for the following
reasons: (you should state specific reasons for denial of the annexation or plat and you must state
specific reason(s) for denial of the conditional use pernut.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number VAR-
06-002 to the hearing date of (insert continued hearing date here) for tlic lullowi,tg rcasvu(s). (you should state specific reason(s) for continuance.)
APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
SE comer of Ustick Road and Eagle Road/SH55
Township 3N, Range I E, Section 4
b- Owner
James Kissicr
1125 W, Amity.
Boise Id 83705
c. Applicant:
Landmark Development Group, LLC
Tamara Thompson
1882 Toluka Way
Boise ID 83702
d. Representative: Tamara Thompson, Landmark
C. Present Zoning: General Retail and Commercial (C-G) (AZ-03-018)
f. Present Comprehensive Plan Designation:
Mixed Use -Regional — 2002 Comprehensive Future Land Use Map
s. Description of Applicant's Request:
I. See Exhibit A (prepared by Landmark Development Group LLC) for a copy of the
detailed site pluti which depicts the lot layout, building, parking 'and aooess locations_
Exhibit B shows the proposed landscape plan.
h. Applicant's Stalemant/Justification- The application notes that the nvxed use regional
designation provides for the overall site to be developed with a Mixture of Retail/Restaurant
/Drive thru and other Commercial and office uses oriented around automobile traffic. The
applicant notes that the site is an ideal location for a retail cornplex and will provide the
additional landscaping along drive aisles, the design review for structures along the gateway
corridor.
There is no possibility of providing a frontage road as ITD policy claims;
ITD has already granted approach permits for the project on the north side of Ustick
Road;
Gateway Marketplace Subdivision Access
V AR•06-002
PAC:F
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JU-LY 3, 2007
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE Or 4/ 191()6
We believe we are grandfathered.from the UDC based on discussions and annexation
occurring before its adoption.
5. PROCESS FACTS
a. The subject application will in fact constitute a variance as determined by City
Ordinance, By reason of the provisions of the Meridian City Code Title 11, Chapter 5,
Article A (Table 11-5A-1), a public hearing is required before the City Council on this
matter-
b. Newspaper notifications published on: Council — March 27 and April 10, 2006
C. Radius notices mailed to properties within 300 feet on: Council — March 24, 2006
d. Applicant posted notice on site by: April 7, 2006
C. Cit ' QndUCiC the ,niti�l heannE fo r tl is ittm on Annl 1 R 2006 and app ,ved
the Rroject. Before the findin s were ado ted the a icant r ested reconsideration-
reco ideration h was iwtiall scheduled !!or June 6 2006 and cuntinuW,
June 27, 2006
f. Newspaper notifications for Coi4ngil onsideration_ hea� nne published on. Mav 15 200fi
and Mav 29, 2006
91.. Radius notcesfCoil rec n ideration hearin ieto Es.within 300 feet
Qn: Mav 11 Z006
�nBDlleant hosted notice on site for Council recongj oration hearin¢ by Mav ''7 2006
6. LAND USE
a. Existing Land Use(s): Bare land, single family residence
b• Description of Character of Surrounding Area: Large lot residential, highway -oriented
services, rapidly urbanizing-
c. Adjacent Land Use and "Zoning
1. North: Future pad sites within Schmitchger Subdivision, Lowe's site zoned C-G.
2. West: Sadie Creek Promenade Subdivision, Bienville Subdivision proposals, zoned
C-G, RI, and RUT
3. South: undeveloped parcels zoned C-G with Redfeather Annexation.
4. East. Una Mas conceptual project and ACHD future right of way, zoned RUT -
proposed zone C-G
d. History of Previous Actions, In April 2004, the owners and City entered into a Devclopmcnt
Agreement for various High Density Commercial, Multi -family Residential, transitional, and
office uses under File AZ-03-018. Some property was annexed and zoned to General Retail
and Commercial (C-G) with a Development Agreement while other portions of the property
(on the west side of Eagle Road) were not included in the annexation leaving out parcels
which were addressed with the original conceptual plan.
e, Existing Constraints and Opportunities
1. Public Works
Location of sewer: Extension of mains in Ustick Road
Gateway Markctplace Sut,division Access
VAR-06_o02
PAGF 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ]U LY 3, 2007
CITY of MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/ I k1U6
Location ofwater: Extension of mains in Ushck Road
Issues or concerns: None
2. Vegetation: Agricultural/Irrigated
3. Flood plain: N/A
4. Canals/Ditches Irrigation: The Finch Lateral courses the southern part of property
and the Milk Lateral courses the northern pan of the property
5. Hazards: None identified
6. Size of Property- 22.85 acres
7. Description of Use: Retail, Office, Commercial,and Restaurant uses and associated
parking and landscape improvements along Eagle Road.
f. Summary of Proposed Streets and/or Access (private, public, common drive, cic.):
■ The applicant is proposing two new access points to Eagle Road/SH55 to serve
the gateway Marketplace project at approximately g50 feet and 1,350 feet south
of the Ustick/Eagle Intersection-
6- AGENCY COMMENTS All agencies provided comments for the plat application being heard
simultaneously with the variance roquest. Please see the public record for the Plat file for any written
comments that may have been submitted by other agencies.
7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated Mixed
Use -Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation
is defined in part as an area that is situated in highly visible or transitioning parts of the City where
innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square
footage of non-residential uses and is intended to allow a broad range of uses.
Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application:
0 Chapter VII, Goal TV. Objective 17, Action 2• Restrict curb cuts and access points on collectors
and arterial streets.
The ,4CHD evaluates occers poinrs in their analysis: no direct lot access is allowed to any of the
arterial/collector roadways. The proposed access points to the arterial streets generally comply
with ACMD's standards. Please see the ACED sta[f'report and Exhibit B for the conditions from
ACIiD, The Idaho l mnsportarion Department (ITD) has a policy for access to a Tipe IV
Principal Arterial will be at intersections only, and spaced at one-half mile intervals in urban
areas. ITD allows approaches (other than intersections) in special cases and on a temporary
basis. The Eagle Road access shall he eliminated froth the plat design if the Meridian City
Council does not grant a variance and/or if ITD does not approve an approach for this site,
Chapter VII, Goal IV, Objective D, Action 5' Require appropriate landscape and buffers along
transportation corridor (setback vegetation, low walls, berms, etc.).
The applicant is proposing to construct appropriate buffers along all o0he adjacent arterial
streets with the exception ofthe curb cut shown on the site plan By ordinance, a minintunt 25-
fool wide landscape buffer is required adjacent to residential uses and 35 foot wide landscape
buffer to Gateway Corridors, the landscape plan shows the appropriate landscape buffers.
Gateway Marketplace Subdivision Access
V A R-t1&662
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING AND 70NING DEPARTMEN1 STAFF RtPURI FOR HEAR1N(i DA l'E OF 4/1 Nl116
• "The capacity of arterial ... roadways can be greatly diminished by excessive driveway
connections to the roadways. The City should cooperate with ACHD to minimize access points
on arterial ... roadways as development applications are reviewed." (Chapter VI, page 72)
• "Develop methods, such as cross -access agreements, frontage roads, to reduce the number of
existing access points on to arterial streets." (Chapter VI, Goal 11, Obj. A, 412, page 79)
• "Restrict curb cuts and access points on ...arterial streets." (Chapter VII. Goal IV, Obj. D. 45,
page 107)
■ "Require appropriate landscape and buffers along transportation corridors (setback, vegetation,
low walls, berms, etc.)." (Chapter VIT, Goal IV, Objective D, Action item 4)
"Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III,
Objective D, Action item 5)
8. UN1IFiED DEV$LOPMENT COME
The following UDC s_iions are pertinent to tlus application:
a. Development along Federal and State highways: Unified Development Code (LTDC) I i-
3H-1, PutppsC. Onc of the three punpusc btatenietrts is to "limit access points to state
highways in order to maintain traffic flow and provide better circulation and safety within the
community and for the traveling public."
b. UDC 11-3H-4.B, Standards: Access to State Highway - "Use of existing approaches shall be
allowed to continue provided that the following conditions are met:
1. The existing use is lawful and properly permitted effective September 15, 2005.
2. The nature of the use does not change (for example a residential use to a commercial
use).
3. The intensity of the use does not increase (for example an increase in the number of
residential dwelling units or an increase in the square footage of commercial space)."
UDC 11-311-4.B.2, Standards —"If an applicant proposes a change or increase' intensity of
use, the owner shall develop or otherwise access to a street other than the state highway. The
use of the existing approach shal I cease and the approach shall be abandoned and removed.
1. No new approaches directly accessing a state highway shall be allowed.
2. Public street connections to the state highway shall only be allowed at -
a, the section line road; and
the half -mile mark between section line roads. These half -Mule Connecting streets
shall be collector roads."
UDC 11-3H-4.B.3, Standards — "The applicant shall construct a street, generally paralleling
the state highway, be designed to accommodate future connectivity and access to all
Properties fronting the state highway that lie between the applicant's property and the nearest
section line road and/or half mile collector road"
9. ANALYSIS
98. Analysis of Facts Leading to Staff Recommendation for Denial
Listed below are various documents in the public record pertaining to this application The
relevant points within each document and an analysis of those points follows (sraJJ's anulvT in
italics). For additional analysis, see the Variance Findings in Exhibit C.
Gateway Marketplace Subdivision Access
VAP-CG-002
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ]'ULY 3, 2007
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING LATE OF 4i18/06
Annexation
In September 2003, Planning Staff member Brad Hawkins -Clark included the following
constraints on the development agreement in the staff report for the Kissler Annexation;
"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. The City should recognize, adopt and help implement
the Eagle Road Access Control Study, prepared by ACHD in 1997." (Chapter VI, Subsection
2, pg. 71)
No access points are proposed or addressed as part of this application. The Planning &
Zoning Department has had recent discussions with 17D District 3 (Sue Sullivan) regarding
controlled and restricted access points adjacent to SH2O-26, SH SS and SH69 in Meridian's
Area oflmpact.. We are recommending IYD coordinate with the Citv of Meridian to require
backage roads be constructed on all parcels with ,state highway frontage, wherever the purcel
sizes and configurations allow. Therefore, in light of this recent policy discussion, staff is
recommending the Commission and Council require backage roads (eithe)-public or private)
be incorporated into future development as a condition of the DA. (See Site Specific
Condition 43 below)
Site Speck condition #3 reads: The DA shall require that all future uses within the
boundaries of this annexation only be approved with either a public or private backage street
parallel with Eagle Road/Sll 55 be incorporated into the design of future site plans.
Testimony was taken at the public hearing on the Kissler Annexation February 24, 2004.
Council Memher Rird made the motion with a contingency on the extent of the approval that
stated:
"We are basically just annexing the property, we are not giving any go ahead on anything or
any designs, so with that said I would move that we approve AZ 03-018, the annexation and
zoning of Kissler, Cobb, and Ruwe parcels and to take Condition number three as per
applicant's statement"
■ Development A Bement
The following findings were made and written into the development agreement for AZ-03-018
Adopt the Recommendations of the State of ldahn Transportation Department as follov r.
1. SfL"55 has been designated a Principal Arterial IDT would like to preserve this corridor by
recognizing the following conditions.
a. Future right of way widths will be: A. 120 feel each side of centerline. (240 feet total)
for building setbacks and to include afrontage road, or : 70 feet each side q/centerline
(140 feet total) if the developer provides an internal frontage road tape s}'stern ro feeder
roads.
2. Access to a Principal Arterial 7jpe 1 V will be intersections only, and spaced at one mile
intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than
intersections) maybe permitted in special cases and on a temporary basis as follosis.
(1) Allowed until state highway system is improved by a consintction project at which
Gateway Marketplace Subdivision Access
VAR-06-002
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CI I'V of MERIDIAN PLANNINQ AND ZONINQ DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06
time an access will be provided to the property, which may not directly access the state
highway system, but may be via a frontage or backage rt)ad,
(2) Shall be recorded at the County Recorders Office.
(3) Temporary access restrictions will be noted on the permit.
10. It is found that any future uses will impact the level andnow of traffic on the surrounding
streets. Specific traffic counts will be determined at the time ofdevelopniettt application, In
accordance with Comp plan policy #11(pg. 79) and policy #2 (pg, 107), it is found drat the
number of vehicular access points to Ustiek and Eagle Roads should be restricted and comply
tirith A CHDpolicies in order to preserve the capacity and movement on these roadways at build -
out,
• Traffic Accident Data
The following is the 2004 accident data from the Meridian Police Department for the Eagle
Road corridor. Of the top 10 intersections in Meridian for total number of accidents, six of
those intersections were along Eagle Road/S1455 (Overland, Magic View, St. hake's,
Franklin, Lanark and Fairview).
EAGLE/FAIRVIEW
FAIRVIEWILOCUST GROVE
MERIDIANIOVERLAND
EAGLEIFRANKLIN
FAIRVIEW/RECORDS
EAGLE/MAGIC VIEW
EAGLE/LANARK
EAGLE/5T LUKES LN
MAIN/FRANKLIN
In 2004, 228 of 1,357 total accidents in the City (16.7%) occurred on Eagle Road. There is a
direct conclation beiwenu the number of access points/intersections along a roactway and the
Potential for accidents. The higher the accessibility, the lower the mobility. While staff is not
arguing that every new driveway or public street access to Eagle Road will cause or be
directly responsible for accidents, we do believe restricting the number of uew accesses helps
to ensure a safer roadway.
■ Eage Road Arterial Study — Final Report (Aori120U41
This study (not to be confused with the 1997 Eagle Road study referenced in Chapter VI of
the Comprehensive plan) was endorsed by the City Council in a January 2005 letter to Eric
Shannon, ITD District Engineer, and was also endorsed by the ACHD Commission. The
study includes the following recommendations:
Gateway Marketplace Subdivi.iui, Accrs5
VAR-06-002
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF )ULY 3, 2007
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/19106
Para. 3.2,5, pg, 4: "ITD and ACHD should work together with the municipalities to
identify the specific public streets and private approaches on Eagle Road to be
closed, over time, via access consolidation, provision of secondary access, ctc..."
ACHD has provided two access points to the site which lie along Ustick Road. The
availability of Cross Access to collector and arterial road systems would preclude
any access to Eagle Road which would consolidate the accesses to the new public
street (Allys Way) or the approved approaches to Ustick Road These approaches
all lie within 1, 350 feet gjUstick Road or 500 feet to the future collector roadway
which would be an acceptable length of wh
road access. ich commercial veers 14-014111 ccpcct public
Para. 3.2.6, pg. 4: "The existing circulation network within and between existing
developed parcels should be reconfigured to reduce the number of access points to
Eagle Road and to allow more local trips to be made without the need to travel on
Eagle Road. This concept should be incorporated into municipal planning and zoning
policies..."
Meridian 's adoption of the UDC, Article H, demonstrates the C'ity's commitment to
reducing the number gftrips and puientiaJ accidents urn Eagle Road.
• Access AnaJvs&
ITD must issue a right-in/right-out permit and a full access permit for this site, and the access
is further contingent on the Meridian City Council granting a variance to L-DC 11-3H. At
this time the policy in place would be for frontage roads to serve this site and provide
connection to the Y mile and the collector road systems. ITD has submitted a letter
indicating that they will not make a final decision on approving access to Eagle Road until
staff does not support any access to Eagle Road in this location,
such a time as the Meridian City Council has formally acted on the Variance request. City
On March 22. 2W6, ITD conditionally issued the two access point.; to Fagle Road at the
locations defined by the applicant. Please see the letter in the file dated March 24, 2006.
In addition, the applicant is proposing two new access points to Ustick Road at the following
t'
• Driveway #tl — 350 feel east Of Eagle (right-in/right-nut with center median)
• Driveway #2 - 7W feet east of Eagle (full access)
Ustick Road, from Leslie Drive to Allys Way (on the east side of Eagle Road), including the
Eagle Road intersection, has just been widened and improved to five lanes. The intersection
was widened to include dual left turn lanes.
In addition, the recorded DA between the applicant and the City requires either a public Or -
private street be cOnstructed parallel to Eagle Road/SH55. ACHD ha; staled that the applicant
shall provide cross access south and east to connect to the future collector roadway cast of the
site and the connection to the signalized access proposed south of the site at River Valley
Drive. ACHD staff will be in attendance for the April 18, 2006 heating and have stated their
Opposition to access on Eagle Road as it diminishes the classification and function of the
future North/South collector roadway (Allys Way), if excessive points of access are allowed
to Eagle Road ACHD may change the road project to a lesser classification or not construct
Gateway Marketplace Subdivisicm Access
VAR-0G-002
PAGF 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING AND ZONING DF.PARTMEKT STAFF REPORT FOR HEARING DATE Or 4.!1 a/06
the project at all.
This project along with the Una Mas Project east of the site will connect with Ally Street, a
proposed public street serving as a collector roadway to the entire area. The design rectived
March 10, 2006 lines up at three points to the east as requested. The area plan (Una Mas
Annexation) shows private, internal driveways connecting to the future public street; such
driveways run mostly east/West connecting the Kissler site to Ally Street and ultimately
Ustick Road. Staff has required both the ACHD and Una Mas annexations to enter into a
Development Agreement with the City of Meridian to make the connection to Allys Way.
ACI-W would also like for Council to consider asking the developer to modify the DA to
include applicant participation in constructing the collector roadway. ACHD Staff notes that
the DA requires the applicant to construct a frontage/backage road, similar to what is being
done by the Winston Moore project on the NW corner of Ustick and Eagle. ACHD has
acquired property to facilitate the appropriate location and alignment of such
frontage/backage road, but they do not have funds committed for construction. It may be
appropriate to tie development of the subject property to construction of the collector
roadway.
For a detailed report on both ITD's and ACHD's actions and comments, please see the
letters/reports submitted with the application. ITD and ACHD will have staff available for
comment and questions at the public hearing.
Applicant Arguments to Grant Variance
The applicant's argumennts to grant the variance were suumnarized iu Section 3.11 of this I epoft
(page 2). Please see the application for more details. Staff does not believe the applicant's
arguments meet the "findings test" for granting a variance. The fact that the applicant had not
begun the process of securing access to Eagle Road at this location before adoption of the
UDC is not the right question. The question required by the UDC (11-3II-4.B.a) is, "Was
there a lawful and properly permitted existing use effective September 15, 2005?" The
answer is "no," because the site was annexed, but did not have any specific uses approved nor
any use permits granted for the property. All properties being annexed into the City of
Meridian require future uses to be upgraded to meet the City of Meridian Standards and
required all future uses to comply with Comprehensive Plan policies and ordinance standards.
TTD had not approved access permits to this site prior to September 15, 2005.
The fact that 1TD has already granted approach permits in the area is also not the i.c..sute at
hand for the City Council. The City Council is charged with enforcing the terms of the City's
ordinances — in this case Article H of the UDC and determining the variance based on the
City's own findings_
The applicant claims that due to physical constraints on the site that they will not be able to
create a frontage road. Staff responded citing ITD's policy that states a frontage "type" of
connection may be utilized, which does not have to be with a public road connection.
ACHD has approved two access points to Ustick Road, which will be upgraded at the
controlled intersection east of the site. ACHD has also provided a public road connection
(future Allys Way collector) which will provide the frontage road requirements for the
subject site. Planning Staff required multiple cross access points to the north which were to
be designed as commercial collectors with appropriate widths and limited connections for all
sites SE of the Ustick Eagle intersection (Una Mas and ACHD's Annexation) Staff
conditioned these road connections to serve as the frontage type roadways with limited access
Gateway Marketplace Subdivision Access
VAR•06-002
PAGFu
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PANNING AND ZONING DEPARTMENT STAFF REPORT FUR HEARING DA 1,F of'l o s/o6
(no parking) as required by ACHD for traffic circulation and no further connections to Allys
Way. Access to Eagle Road would not be necessary if properly designed and managed.
These public access points are less than 1,350 feet from any point on the site and when
properly designed, staff feels that the size of the site does not constitute reason for a variance
as it is common to drive less than 1/4 of a mile when accessing a public road system,
especially for commercial uses along a major roadway (Ustick Road).
Furthermore, the LiDC includes a statement that an access "may" be granted, if approved by
ITD. However, the UDC explicitly states there must be an "existing use that is lawful and
. No such use has yet been approved and all
Properly permitted" prior to September 15, 2005
uses existing on site are to increase the intensity of the use and change the nature of the area
which are prohibited by City Ordinance,
9b. Staff Recommendation: Based on the Comprehensive Plan and UDC policies listed under
Section 8 of this report as well as the analysis of findings shown in Exhibit C, staff finds there is a
lack of evidence and grounds to grant new vehicular access Points to Eagle Road/SHSS Staff find: € Plarwing
• The request does not meet the standards for access approval as required by UDC 1 I-3H.
• The letters received from ITD during the 2003-2U04 annexation process make no
guarantees that permanent access puiltts would be approved
• ITD specifically stated their opposition to access at this site in 2003 and the City of
Meridian incorporated their recommendation as a consideration for annexation.
• City of Meridian Council Members are on public hearing record in 2004 opposing access
points to Eagle Road for the eastern side of the development and required a frontage road
access only.
• These access points are not shown in the Eagle Road Corridor Study_
• No reference to prior access approvals from the City of Meridian was found in any
documentation
• Staff has made findings for the Gateway Marketplace preliminary plat for Allys Way to
be the required frontage road with the project development. Again, the Council tnay want
to consider tying development of the subject property to the construction of the Allys
Way collector road. The finding for frontage road will satisfy the ITD policies for
intercoaneetivity and provide adequate access for commercial development as well as
meet the intent of the Development Agreement. Staff is also concerned that if access to
Eagle Road is granted that ACHD will not construct Allys Way to the level of service
being considered which would mean a frontage road would not be provided for the site
and this finding would not be made.
Finally, we do not believe the applicant's arguments meet the "findings test" for granting a
variance. Therefore, staff recommends denial of the subject application. We have prepared
findings consistent with this recommendation in Exhibit C.
Gateway Marketplace Subdivision Access
VAR-06-00,1
PACE 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OP MERIDIAN PLANNING AND /ON1NG L) :PARI'MEN'1' STAFF REPORT FOR HEARING DATE OF 4/ 1 M/06
10. EXHIBITS
A. Project Plan (by The Land Group, Stamped March 10, 2006)
0. Legal Description
C, Required Findings from UllC (Varian,)
Gateway Marketplace Subdivision Access
VAR-06-002
PAGE I I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CI'I'Y OF MFIUDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/I8/06
Exhibit A: Overall Concept Plan (Red Cliff Development Company)
Meridiati Gateway Variance Application
Exhibit A Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DULY 3, 2007
CITY OF MtKIDIAN PLANNING AND ZONING DFPARTMENT STAFF REPORT FOR HEARING DATE. Of 4i18,D6
� r �
GATEWAY MARKETPLACE SUgDjVIM0N is
P►Ohnlnaty Phil
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Meridian Gateway Variance Application
Exhibit A Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF J ULY 3, 2007
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DA I C OY 4i 1 S;06
Exhibit B: Legal Description
claiborn . Waite consulting, (I(
anglnecra 8: al+rvepore
120 N. Curtis Rd
Selfe, I4eho 6370G
(2081 376•a>55
Fax (208) 429-9862
P N. 2279 October 20, 2005
PARCEL, "A"
USTICK PROPERTY
REMAINDER PARCEL DESCRw'I'IUIY
A laty. of land lying in the N15rMwatl 1/4 of Section 4, T.W. R.IE., H.M., Ada
Cnunry, ld" and being mote parti-My described as fbllowa:
COM—ing at the Northwest touter of said Section 4, !bent S ag 4g,W,,
ary Cz along the
North b0uffl of said Section 4 and the Cmtedine of Ustick Road tar a distance of
97.62' feet;
thence leaving aeid North boundary eid ttsatetfine S 01' 50' 52" W for a dlereace of 77, 96
feet 10 a p— as the South ri&-Of-way line of Ustick Road, being the REAL, FIST
AF BEGUOMGI
0=00 010ft avid Stab right-of-way live for the following 13 COMM:
N 44 02' 14" E for a diawre of47.06 feet;
thmm S 89 49'08" E for a distanee or262.E1
thence S 4Z 51'2 V E to, Is diatance of 41. 18 %0.
thla m N S7 17' 10" B for a dialanub of 29.03 feet;
theace N 4Z 43'35" E for a dipance of 40.57 feet;
thence N 29' 13'34'• E for a di stance of 179.2$ fiat (formerly ditw*W as 179.20 fun),
' G:r : 5 is " L f.r . t4. —%" w I J." taw.
thence S 29 49'03" @ for a diRance of 10 00 feet;
... , of i I J . 1rnt.
C:7(vWMMUfdALLA (2Z7 9bW'WW ftW A410u I -
Meridian Gateway Variance Application
Exhibit H Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARIN'O DATE OF 4/18/06
cloiborn & waits consUlting, 11c
engineers & surveyors
120 N. (yutis Rd.
Wisc, Idaho 837D6
(IDS) 37&9555
Fax (208) 429-9d62
P.N. 2279 October 20, 2005
PARCEL "B"
USTICK PROPERTY
5.51 ACRE SPLIT
A parcel of land lying in the Northwest 1/4 of Section 4, T`3N., R.IE., H.M„ Ada
Courty, Idaho, and being more particularly described as follows.
Cm=cncft at the Northwest corner of said Section 4, thence S 85 49'08" E along the
North boundary of said Section 4 and the centerline of Ustick Road for a distance of
97,62' feet;
thence leaving said North boundary and centerline S or 5012" W for a dislanoe of 77.96
fen to a point on sloe East right-of-way line of Eagle Roads
thence aloag said East rightof--way line S or 50'52" W for a distance of 1039.43 feat to
the REAL, POINT OF B1iCINMNG;
thence c«ttinuing along said East right-of-way line S or So,52" W for a distance of
1 S4.9011M;
thew S W 36' 13" W aloag said East right -of --way line for a distance of 114.17 felt,
thence leaving Said bast right-of-way lice S 89 51'00" E for a distance of 700,02 feet;
thence N W 36' 13" E for a distance of 93.77 fact to the South boundary of Government
Lot 4 of said Section 4;
thence S 89 51'00" E along aid South boundary for a distance of 61 35 fed;
rt—" Ise.•i".. r.iw c,.t.. �. �.. , ,..r.. r• N .q.M.. F r 4 fe
thence N 89' 5100" W for a distance of 363 00 feet,
11 ..fl..: • 'i. ,..,Nl' 11' i.', ,. dill 4, - , L. u., 11e•1
(' 00-MUslickt LA (2279)1DocumaatslParad B.dnc- 1 .
Meridian Gateway Variance Appliminn
Exhibit B Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DULY 3, 2007
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMEN-1 S I Ab'F REPORT FOR BEARING DATF OF 4i 1 &06
thence N 89' 51'00" W fcr a dismice of 17./.00 feet;
thence S 00 09'00" W for it distance of 34.S0 feet;
thence N 84 51'00" W for a distance of 218.67 feet to the REAL POINT OF
BEGINNING;
Containing 5.51 acres Of land, more or less.
Prepared by: Todd R Waite P.L.S.
C7Tmj=$W6tiCkLLA (2279)II)MnIC1U5lPe WA.d0C- 2 -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY Of MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DA I t: UP 41&o6
Exhibit C: Required Findings from UDC (Variance)
The City Council shall apP1y the standards listed in Idaho Code 67-6516 and ali the findings
listed in Section 11-5B-4.E of the UDC to review the variance request. In order to gran) a
variance. the Council shall make the followingfindings,,
A. The variance shay not grant a right or special privilege that is not otherwise allowed
in the district:
Base in !he sqwfe fewage of C.8wonefeial
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fH0d1r4 - d&de —BEa Ate: ie 14-,,�hfi
The Council floljs that tilts yadanc&will not Brant a s2 'al neht or nnvlle¢e Btxause so
.......L _c t'�_t_ n_. i . -��
basis to evaluate this findinp,
B. The variance relieves an undue hardship because of characteristics of the site;
Meridian Gateway variance Application
Exhibit C Pap I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4, I8 06
-rreE
A fundamental physical feature of Commercial development is access to the property
ne oroieet does have frontage on Ustick Road, but traffic volumes on Ustick may only
allow right -in turns. Until the Una Mas RQ2913y and Allys Way are developed is
leaves limited access to the property. The Council finds that approved right -an right out
access points will limit thcAafery concerns artmat while_ providing access to
the 5ite and relieve, an undue hardship
C. The variance shall not be detrimental to the public health, safety, and welfare.
_CC_ ._[I._%
fpeFge with b w imffiv uaad by
lane, stieh owess does not oemply with lk fiegis Read Geffider study, and sveh aecess
!he leeatioll of the requested 866099 whi64 6@es net skew an
A full access intersection creates 32 potential conflict points A right -in, fight -out o d
with c=gx mj%lians limits the potential conflict points-tofour -The applicant proposes to
mitigate these four conflict points by proviJing adequate acceleration and deceleration
lanes. The Council fwd§ that approved right -in, right -out access points will limit the
sate v concerns on the site and will not be detrimental to the public health. safetv. and
welfare of the cumunir
Mendian Gateway Variance Application
Exhibit C Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
Exhibit B: Required Findings from the Unified Development Code (Variance)
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in
Section 11-513 4E 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 district: not otherwise allowed in the
The Applicant is requesting to provide a 20-foot wide landscape buffer on this site, where 35-feet
is required. In addition to the 20 feet of the Applicant's property proposed for landscaping,u to
26 feet of ITD right-of-way will also be landscaped by the Applicant. Staff igenerally
supportive of this request. If the Applicant provides, at minim
on their property and landscapes the "surplus" right-of-way, the Council finds that buffer
privilege will not be granted to the Applicant. special
NOTE: The UDC (11-3H-4C3) requires a 10-foot wide multi -use pathway along Eagle Road. The
Applicant's plan depicts a 5-foot pathway within the 20-foot wide landscape buffer. However, the
Applicant must construct a 10-foot pathway on -site. This will reduce the landscaped (green) area
on their property to 10 feet.
b. The variance relieves an undue hardship because of characteristics of the site;
When ITD purchased the right-of-way from the subject Applicant, Staff believes that TTD
envisioned Eagle Road being wider than five lanes, as currently planned for this area with the
Eagle Road Corridor Plan. To ensure that the subject property owner is not burdened with
maintaining and enhancing the surplus right-of-way adjacent to this site after TTD completes the
improvements on Eagle Road, Staff recommends approval of the subject variance.
c. The variance shall not be detrimental to the public health, safety, and welfare.
The Council fords that allowing the landscape street buffer variance on Eagle Road will not be
detrimental to the public health, safety, and/or welfare.