HomeMy WebLinkAboutSadie Creek Promenade Subdivision VAR-05-022
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA WAND
DECISION & ORDER
RECEIVED
¡ FEB 2 1 2006
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In the Matter of Variance request for access to SH 55/ Eagle Road, for Sadie Creek
Promenade by Landmark Development Group, LLc.
Case No(s). V AR-05-022
For the City Council Hearing Date of: February 21,2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 21,2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 21,2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
February 21,2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of February 21, 2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers confen-ed upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 6S, Title 67, Idaho Code (I.C. §67-6S03).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all CUITent 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 §
II-SA.
4. Due consideration has been given to the comment(s) received trom the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN fINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). v AR-O5-022- PAGE I on
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 denial 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 denial is subject to the Legal Description, Site Plan, and the all in the attached
findings in the Staff Report for the hearing date of February 21,2006 incorporated by
reference.
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 Variance Request for access to SH 55/ Eagle road is hereby denied.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. 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
twenty-eight (28) 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.
2. Please take notice that this is a final action ofthe 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 February 21,2006
E.
By action of the City Council at its regular meeting held on the
,2006.
day of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR.O5-022- PAGE 2 of 3
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED~
VOTED~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
VOTED
~
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED
MAY \ -,4eWEERD
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Copy served upon: v Applicant 111/""1111111\\\\\\\'
v Planning Department
v Public Works Department
j - ,v City Attorney
BY~J\ a 0 ~ Dated: 3~~-OlD
City Clerk's Office
ATTEST:
CITY OF MERIDIAN fINDINGS OF fACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). V AR-O5-022- PAGE 3 of 3
C.ITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21106
TO
FROM:
STAFF:
SUBJECT:
Meridian Plamring Commission
Joe Guenther, Associate City Planner
Sadie Creek Promenade
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STAFF REPORT
Meridian City Council
Hearing Date: February 7, 2006
Continued to: February 21,2006
Meridian City Council
AZ-05-052 - Annexation and Zoning of 7.7 acres to C-G (General Commercial)
for Sadie Creek Promenade by Landmark Development Group, LLC
PP-05-053 - Prelinúnary plat for 24 lots on 15.33 acres for Sadie Creek
Promenade by Landmark Development Group, LLc.
CUP-05-049 - Conditional Use Pennit for up to 150,000 sq. ft.
retail/restaurant/office uses in a C-G Zone for Sadie Creek Promenade by
Landmark Development Group, LLC
V AR-05-022 - Variance request to allow a right in/right out access point onto
Eagle Road, SH 55 for Sadie Creek Promenade by Landmark Development
Group, LLC
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Landmark Development Group, LLC, is requesting approval of a Prelinúnary Plat with a
Conditional Use Pennit (CUP) to construct up to 150,000 square feet ofretail/restaurant/and office uses
on approximately 15.33 acres within the Sadie Creek Promenade development at the Southwest comer of
Ustick Road and Eagle RoadlSH-55. This is the first detailed CUP application and would be the first
commercial buildings constructed within the Kissler annexation project AZ-03-0 18. The 36.33-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 approved either through a site specific CUP application or a Planned Development. A concept plan for
the overall site was subnútted with the application for infonnation purposes (not for fonnal approval).
The applicant has subnútted a Variance application concurrently with the CUP/PPI AZ applications that
proposes one new approach to N. Eagle Road/State Highway 55, for one right-in/right-out access
driveway. The Idaho Transportation Department (ITD) has not approved any approach permits on this
site. The Variance application pertains only to the right-in/right-out access lying approximately 306 feet
south of Us tick Road. The overall design of the site is paramount on the approval ofthe Eagle Road
approach. If the City Council denies the approach, Staff feels the conditions contained within this report
and the amended Development Agreement for the 15.33 acres would sufficiently address the
interconnectivity of the site as a public street access to U stick Road and three approved approaches have
been provided for by ACHD.
2. SUMMARY RECOMMENDATION
2a. Staffis recommending approval with conditions ofthe subject applications (AZ-05-052, PP-
05-053, and CUP-05.049). Staff is recommending denial of the variance application (V AR-05-
022) Staff has recommended that the Council require the applicant to subnút detailed elevations
for the buildings facing east, west and south (facing residential, and Eagle and Ustick Roads) to
comply with Section 11-3A-19 of the Unified Development Code (UDC) and to add a new 8-foot
wide walkway in the parking lot.
Sadie Creek Promenade Subdivision
AZ-O5-052/PP-O5-053/CUP-O5-049/V AR-O5-022
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/2J/06
2b. Meridian Planning and Zoning Commission heard the item on January 5, 2006. At the public
hearing they moved 4-1 to recommend approval.
a. Summary of Public Hearing:
i. In favor: Tamara Thompson, Landmark Development, LLC
ii. In opposition: None.
iii. Commenting:
Bill Knopp - Preferred the applicant not have access to Eagle Road
Steve Grant - Traffic from development, and transitional uses with landscaping
David Thurston - same comments
iv. Staff presenting application: Joe Guenther, Associate City Planner
v. Other staff commenting on application: Mike Cole, Development Services
Coordinator.
b. Key Issues of Discussion by Commission:
i. - Proposed uses on site
ii. - Heights of Office Buildings
iii. - Cross access points to the south of the site
c. Key Commission Changes to Staff Recommendation:
i. None.
d. Outstanding Issue(s) for City Council:
i. -Commissioner Zaremba voted Nay on the project because he did not want to
see access to Eagle as depicted on the presented documents.
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
SW comer of Us tick Road and Eagle Road/SH55
Township 3N, Range IE, Section 5
b. Owner
Sadie Creek Commons LLC
8080 W. Sahara Ave
Las Vegas, NV 89117
c. Applicant:
Landmark Development Group, LLC
Tamara Thompson
1882 Toluka Way
Boise ill 83702
d. Representative:
e. Present Zoning:
Tamara Thompson, Landmark Development
General Retail and Commercial (C-G), Meridian, R1-Ada County
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.
h. 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
Retail/Restaurant/Office/Drive thru and other Commercial uses oriented around automobile
Sadie Creek Promenade Subdivision
AZ-O5-052/PP-O5-053/CUP-O5-049N AR-O5-022
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06
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, and develop the new public street to improve traffic movement in the
area.
4. PROCESS FACTS
a.
The subject application will in fact constitute an annexation and zoning as detennined by
City Ordinance. By reason of the provisions of the Unified Development Code Title 11
Chapter 5 Article B Section 3, a public hearing is required before the City Council on this
matter.
The subject applications will in fact constitute preliminary plats as determined by City
Ordinance. By reason of the provisions of the Unified Development Code Title 11
Chapter 6, a public hearing is required before the City Council on this matter.
The subject application will in fact constitute a conditional use 1 planned development as
detetmined by City Ordinance. By reason of the provisions of the Unified Development
Code Title 11 Chapter 5 Article B Section 6, a public hearing is required before the City
Council on this matter.
b.
c.
e.
Newspaper notifications published on: November 14,2005 and October 31, 2005 (for
Planning & Zoning Commission) January 16, 2006 and January 30, 2006 (for City
Council) January 13, 2006 (for City Council)
Radius notices mailed to properties within 300 feet on: October 21,2005 (for Planning &
Zoning Commission) January 13, 2006 (for City Council)
Applicant posted notice on site by: November 7,2005 (for Planning & Zoning
Commission). January 27, 2006 (for City Council)
f.
g.
5. LAND USE
a. Existing Land Use(s): Bare land
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 CentrePoint Marketplace, Kohl's site zoned C-G.
2. West: Residential Subdivision zoned Meridian City R-2 and Ada County Rl
3. South: Three undeveloped parcels zoned C-GI RUTIRI with the same Development
Agreement.
4. East: Future pad sites within the Kissler Annexation project zoned C-G, Eagle Road.
d. History of Previous Actions: ill April 2004, the owners and City entered into a Development
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
were not included in the annexation leaving out parcels which were addressed with the
original conceptual plan. The out parcel immediately south of the C-G site is included with
this project.
e. Existing Constraints and Opportunities
1. Public Works
Sadie Creek Promenade Subdivision
AZ-O5-052/PP-O5-053/CUP-O5-049N AR-O5-022
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06
Location of sewer:
Location of water:
Extension of mains in Ustick Road
Extension of mains in Ustick Road
Issues or concerns:
None
2. Vegetation:
A gri c ul tural/Irri gated
3. Flood plain: N/A
4. Canals/Ditches Irrigation: The Layton Lateral courses the southern part of property
5. Hazards: None identified
6. Size of Property: 15.33 acres
7. Description of Use: Up to 150,000 square feet of Retail, Office, Commercial, and
Restaurant uses and associated parking and landscape improvements.
f. Subdivision Plat Infonnation - NI A
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 L1.1) proposes a 35-foot wide buffer along both Ustick and Eagle Roads. If the
applicant proposes to construct the "Entryway Corridor" buffers in easements they
must meet the landscaping standards required in the UDC.
2. Width ofbuffer(s) between land uses: Table 11-2B-3 requires a 25-foot wide buffer
between commercial uses on C-G~zoned land and residential uses. The properties to
the west are zoned R-2 (City of Meridian) and RI (Ada County), and are currently
residential. Lots 1 and 2 of Block 1 as shown on the landscape/site plan shall include a
25-foot pennanent easement or the 25 feet shall be included in a common lot as
defined by the landscaping standards of the UDC.
3. 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 Us tick Road should be
constructed in accordance with UDC Chapter 3, Article B.
h. Plarmed Development Characteristics - N/ A
i. Conditional Use Infonnation:
1. Non-residential square footage:
2. Proposed building height: 65 feet
3. Percentage of site devoted to building coverage: 23%
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) - NIA
150,000
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06
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. Also, one Type A and one Type B parking space
required for the loading area (per ODC 11-3C-8). The proposed total building floor area is
150,000 s.f., which requires 300 parking spaces. There are no Type A or Type B spaces
shown, and the total number of parking spaces has not been calculated. This may be
addressed during detailed CUP review and building design review but the design appears to
meet the minimum standards of the ODC parking requirements.
n. Summary of Proposed Streets and/or Access (private, public, common drive, etc.):
. The applicant is proposing one new access point to Eagle Road/SBSS to serve
the Sadie Creek Promenade project at approximately 400 feet south of the
U stick/Eagle Intersection.
As noted above, ITD must issue a right-inlright-out pennit for this access, and the access
is further contingent on the Meridian City Council granting a variance to UDC 11-3H. 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 that may connect to the north
boundary and may also connect to Eagle Road, if allowed by ITD at a point to be
detennined by ACHD. This project along with the Bienville Project south ofthe site will
connect with Sadie Creek Avenue, a proposed public street to meet the frontage road
requirement and possible future connection to Eagle Road.
In addition, the applicant is proposing three new access points to Ustick Road at the
following locations:
. Driveway #1 - 400 feet west of Eagle (right.inlright-out with center median)
. Driveway #2 - 600 feet west of Eagle (full access)
. Driveway #3 - 1,100 feet west of Eagle (full access public street (Sadie Creek
Avenue) with proposed traffic signal)
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 improved to 5 lanes. The
intersection was widened to include dual left turn lanes.
The applicant's CUP site plan shows a new public, commercial street extending south of
Ustick Road, beginning approximately ~ mile west of Eagle Road/SH55. The
preliminary plat (Sheet PP-1) shows tIns roadway (Sadie Creek Avenue) as a 50-foot
street section, continuing as a public street approximately 165 feet east ofthe western
boundary to the south property line. The area (Kissler Annexation site) concept plan
shows the road connecting to the property south of the site with a looped design and
possible connection to Eagle Road through the proposed Bienville Subdivision. The area
plan shows private, internal driveways connecting to this public street; such driveways
run mostly north/south collilecting Sadie Creek Avenue to Ustick Road.
For a detailed report on both ITD's and ACHD's actions and comments, please see the
letters/reports submitted with the application.
6. AGENCY COMMENTS MEETING On October 28th 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 has included all
comments and recommended actions as Conditions of Approval in Exhibit C.
Sadie Creek Promenade Subdivision
AZ-O5-052/PP-O5-053/CUP-O5-049/V AR.O5-022
CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF 2/21106
7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated 'Mixed
Use-Regional' on the Future Land Use Map. ill 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 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 services.
(Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City 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 Fire
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
Office. Once annexed the lands will be serviced by the Meridian Police
Department (MPD).
The roadways adjacent to the subject lands are currently owned and maintained
by the Ada County Highway District (ACHD). This service will not change.
The subject lands are currently serviced by the Meridian School District #2. This
service will not change.
The subject lands are currently serviced by the Meridian Library District. This
service will not change and the Meridian Library District should suffer no
revenue loss as a result of the suNect annexation.
.
.
.
.
.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities
within the hnpact Area.
Stafffinds that the site is designatedfor MU-R on the Comprehensive Plan Future Land Use
Map. Although strictly commercial uses have not been spec~fically plannedfor this property
on the Comprehensive Plan Future Land Use Map and through the Development Agreement
from the annexation, the overall site plan when combined with the proposed Bienville
Subdivision meets the general classifications for mixed use regional.
.
Chapter VII, Goal I, Objective B, Action 5: Locate new community 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 proposing access from the
adjoining commercial areas from micropaths, sidewalks and shared streets which will
provide future connection to residential areas west of the site along Ustick Road. Staff
believes that the commercial areas proposed compliment the existing and planned residential
Sadie Creek Promenade Subdivision
AZ-O5.052/PP-O5-053/CUP-O5-049/V AR-O5-022
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/2]/06
areas in the vicinity.
.
Chapter VII, Goal N, Objective D: Encourage appropriate land uses along transportation
corridors.
Staff believes that the proposed land uses are appropriate along the adjoining tramportation
corridors (Ustick Road and Eagle Road).
.
Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on
collectors and arterial streets.
The A CHD evaluates access points in their analysis; no direct lot access is allowed to any of
the arteriallcollector roadways. The proposed access points to the arterial streets generally
comply with ACHD 's standards. Please see the ACHD staff report and Exhibit Bfor the
conditionsfrom ACHD.
The Idaho Transportation Department (ITD) has a policy for access to a Type 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 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, benns, etc.).
The applicant is proposing to construct appropriate buffers along all of the adjacent arterial
streets. By Ordinance, a minimum 25-foot 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.
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, Goal
III, Obj. D, #3, page 43)
"Eagle Road is the major north-south arterial in Ada County. The capacity oftbis arterial
should be protected by minimizing the number and location of private driveway access
colUlections 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 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 II, Obj. A, #12, page 79).
"Identify transitional zones to buffer commercial and residential uses, to allow uses such as
offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102)
"Restrict curb cuts and access points on . . . arterial streets." (Chapter VII, Goal IV, Obj. D,
#5, page 107)
.
.
.
.
.
8. UNIFIED DEVELOPMENT CODE
a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2lists retail
store/restaurant/drive thrul officel financial institute uses as pennitted uses in the C-G zoning
district.
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AZ-O5-052/PP.O5-053/CUp.O5-049/V AR.O5-022
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06
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 lúghways. C-G General Retail And Service
Commercial District: The purpose of the C-G district is to provide for commercial uses wlúch
are customarily operated entirely or almost entirely within a building; to provide for a review
of the impact of proposed commercial uses wlúch are auto and service oriented and are located
in close proximity to major lúghway or arterial streets; to fulfill the need of travel-related
services as well as retail sales for the transient and pennanent 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 commercial
development.
c. General Off. Street Parking Standards (from UDC 11-3C-5):
. The following standards shall apply for off-street velúcle parking for nonresidential uses: In
all Commercial Districts the requirement shall be one (1) space for every five hundred (500)
SQuare feet of !!l'OSS floor area.
.
Type A spaces shall be not less than twelve feet (12') in width and thirty-five feet (35') in
length. Type B spaces shall be not less than fifteen feet (15') in width and sixty-five feet (65')
in length. All spaces shall have
d. Structures Subject to Design Standards (11-3A-19.B.5): All structures on property adjacent to an
entryway corridor (UstickiEagle Roads) are subject to the design standards listed in tlús section.
e. Outdoor storage/refuse areas (11-3A-I2): Outdoor utility meters, HV AC 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.
a. Development along Federal and State Highways: Unified Development Code (UDC) 11-
3H-1, Purpose. One ofthe three purpose statements is to "limit access points to state
lúghways in order to maintain traffic flow and provide better circulation and safety witlún the
community and for the traveling public."
b. UDC 11-3H-4.E, Standards: Access to State Highway 69- "Use of existing approaches shall
be allowed to continue provided that the following conditions are met:
1. The existing use is lawful and property 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 ofthe 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)."
c. UDC 11-3H-4.B.2, Standards - "If an applicant proposes a change or increase in intensity of
use, the owner shall develop or otherwise access to a street other than the state lúghway. The
use of the existing approach shall cease and the approach shall be abandoned and removed.
1. No new approaches directly accessing a state lúghway shall be allowed.
2. Public street connections to the state lúghway shall only be allowed at:
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a. the section line road; and
b. the half-mile mark between section line roads. These halfMmile connecting streets
shall be collector roads."
d. UDC II-3HM4.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
9a. Analysis of Facts Leading to Staff Recommendation
The PP/AZ/CUP application substantially complies with the Unified Development Code.
However, there are several areas of clarification and some modifications required to both the site
plan and building elevations in order for staff to recommend full approval of the application.
Below are several special considerations for the P&Z Commission to review at the public
hearing:
Analysis of Facts Leading to Staff Recommendation
1. AZ Application (AZM05MO52): Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with
the Zoning Ordinance, 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.
The annexation legal description submitted with the application (stamped on
September 15, 2005 by Hugh Edwards, PLS) shows the property as contiguous to the
existing corporate boundary of the City of Meridian.
The applicant will be responsible for all costs associated with the sewer and water
service extension. Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service when services are
available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
All future development of the subject property shall be constructed in accordance with
City of Meridian ordinances in effect at the time of development. All future uses shall
not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
UDC 11-5B-3D provides the P&Z Commission and City Council the authority to
require a property owner to enter into a Development Agreement with the City of
Meridian that may require some written commitment for all future uses. Due to the
close proximitv of existing and future residential uses, and the lack of a detailed
planned development. staff believes that a Development Agreement is necessary to
ensure that this property is developed in a fashion that is consistent with the
comprehensive plan designation and does not negativelv impact nearby properties.
Staff believes that the Development Agreement should include the following
provisions:
Phasing Plan: Generally, the applicant anticipates the phasing plan to begin with the
commercial lots near the Ustick Road/Eagle Road intersection and then continue along
Sadie Creek Promenade Subdivision
AZ-O5-052/PP-O5-053/CUP-O5-049/V AR-O5-022
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06
Ustick Road. Construction is anticipated to reflect market demand and construction
needs. Staff is supportive of this request but believes that some of the amenities
proposed with the development should be constructed prior to the development build
out. Therefore, staff recommends thafprior to issuance of any certificate of zoning
compliance all landscaping shall be constructed along the western property boundary
and along Ustick Road to the point of connection with Sadie Creek Avenue. These
office lots should include either a permanent easement or be redesigned to include
landscaping in common lots.
Non-Residential Buildings: The applicant has requested a maximum of 150,282
square feet ofretail/restaurant/office spaces. Staff proposes to limit the applicant to
their request. The maximum square footage of one single building shall not exceed Y2
of the maximum request.
Office buildings (western property boundary) All buildings along the western property
boundary shall be single story buildings designed to discourage views and access
facing the west, unless required for emergency access. Furthermore, these office lots
shall have hours of operation consistent with office operations which have been
detennined to be 6am -lOpm.
Drive Thru SeDaration Request: The applicant has requested the drive thru spacing
requirement be reduced from 300' to 240'. 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 thru uses with this application.
Access to SH 551 Eagle Road The applicant has requested an access point to Eagle
Road. According to ITD records the applicant has not submitted a request for access
pennit and is not vested with an access point for this location upon change in use. All
access for Sadie Creek Promenade Subdivision shall be taken from Ustick Road at
points determined by ACHD.
Uses: Lots 1 and 2 of Block 2 of the site plan dated September 15,2005 are for Office
Uses OIùY. Not retail uses shall be located on these lots. All other lots shall be limited
to Office/RetaillRestaurantlDrive thru uses and General Commercial uses listed as
permitted in ODC Table 11-2B-2. Any uses (excepting Drive thru) not listed as
pennitted shall be subject to conditional approval.
2. PP Application (PP-05-053): The proposed preliminary plat substantially complies
with the Zoning Ordinance.
Special Considerations:
Sidewalks: The applicant is proposing to construct 5-foot wide sidewalks on some of
the internal streets/drive aisles. The sidewalks may be detached from the curb with a
5-foot wide landscape strip. The proposed landscape strips do not include trees, OIùY
grass. The applicant is proposing to plant trees on the back side of the sidewalks, but
staff believes that the trees should be planted between the curb and the sidewalk to
provide the pedestrians with cover and to make the streetscape more attractive. In
accordance with the recently passed ACHD planter width standards, the width of the
planter strip between the sidewalk and the curb should be increased to a minimum of
8-feet wide and include Class II trees. Since the applicant has submitted a plan
which is conceptual in nature staff feels the sidewalk locations shall be made
consistent with the UDC including drive aisles which shall include at a minimum a 5'
attached sidewalk. The second drive aisle access point to Ustick Road shall be
designed with the private street sections as listed in UDC 11-3F and subject to
Sadie Creek Promenade Subdivision
AZ-O5-052/PP-O5-053/CUP-O5-049/V AR-O5-022
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06
including sidewalks.
Land Use Buffers: UDC requires landscape buffers between different land uses. Per
UDC 1l~3B-9, a 25-foot wide landscape buffer is required between single-family
homes and C-G zoned property. The UDC requires the land use buffer to be provided
by the higher intensity use and to be located on the building site of the higher
intensity use, unless the adjacent and higher intensity use has not provided the buffer.
The applicant is showing a 30-foot wide buffer between the single-family homes and
the office lots on the landscape plan, but the buffer is not shown on the preliminary
plat. The applicant should be required to graphically depict a 30-foot wide landscape
easement on the plat along the lots that abut the single-family lots. Said buffer shall
contain materials in accordance with UDC 1I-3B-9 and not include impervious
surfaces such as parking areas or driveways. See Exhibit B below.
LandscaDe Street Buffers:
Arterials: UDC II-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 on the
face of the final plat in an easement or place the required buffers in common lots
as per UDC 11-3B. See Exhibit B below.
Commercial Streets: UDC 11-2B requires a 10-foot wide street buffer along
commercial roadways. On the submitted landscape plan, the applicant is
proposing to construct a lO-foot wide street buffer along both sides of Sadie
Creek Avenue. However, the street buffer easements are not labeled on the plat.
The applicant should be required to depict the required 10-foot wide street buffer
easements along Sadie Creek Avenue on the face of the final plat.
Ditches, Laterals. and Canals: There are several ÌITigation laterals that bisect this
parcel. Per UDC 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 Irril!ation: The City of Meridian requires that pressurized irrigation systems
be supplied by a year-round source of water (UDC 11-3A-I5). 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 B below.
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 pennanent fencing is not provided, temporary construction fencing to
contain debris must be installed around the perimeter prior to issuance of a building
pennit. All fencing should be installed in accordance with City Code. See Exhibit B
below.
Sadie Creek Promenade Subdivision
AZ-O5-052/PP-O5-053/CUP-O5-049N AR-O5-022
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06
Cross-access futema1: There are some commercial lots that do not have frontage on a
public street. fustead the applicant is proposing to provide cross-access easements to
the lots that do not have public street frontage. Because several of the proposed lots
do not have frontage on a public street, the applicant should provide a cross
parking/cross access agreement for all of the lots within the office and commercial
portions of the subdivision to use the driveways and parking aisles. The site will be
redesigned if not granted access to Eagle Road by the Meridian City Council and at
least one of the non-signalized access points to Ustick Road shall be designed to
serve as a commercial collector for interconnectivity to the south and vehicular
movement in the north/south direction. 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 the sites shall maintain consistent traffic flow for the entire site.
Ea!!le Road Access: The Idaho Transportation Department (ITD) has a policy for
access to a Type IV Principal Arterial will be at intersections omy, 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 access point shown at approximately
400 feet south of the Ustick Eagle Road intersection shall be eliminated as it does not
meet criteria of either ITD or the Meridian Comprehensive Plan.
CUP Application (CUP~05-049): The proposed Conditional Use request substantially
complies with the Zoning Ordinance.
1. Loadin!! Space Parkin!!: UDC 1I-3C-8 requires off-street loading spaces for commercial
uses. The Certificate of Zoning Compliance (CZC) application shall clearly demonstrate
that both a Type A and Type B space are available on site, located near the refuse/service
area behind the building.
2. Elevations: The applicant has not submitted building elevations ofthe proposed
structures. The application lists the proposed building materials, including stone, brick,
stucco and timber to be accented with chrome, aluminum and gloss painted trims. UDC
11-3A-I9 requires all structures on property adjacent to an entryway coaidor 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 (Ustick Road and the new road
on west boundary) must still meet the other standards listed in 11-3A~19 (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 from a public street shall incorporate modulations in
the façade, roof line recesses, and projections along a minimum of twenty percent
(20%) of the length of the facade.
b) Roof lines: Roof design shall demonstrate two or more of the following: a)
overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying
Sadie Creek Promenade Subdivision
AZ-O5-052/PP-O5-053/CUP-O5-049/V AR-O5-022
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21106
parapet heights; and e) 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.
3. Refuse/Service Area Screen: Neither the Site Plan or Landscape Plan call-out how or if
the refuse/service area on the south side of the buildings will be screened. ODC 11-3A-I2
requires the visual and acoustic impacts ofthese functions are fully contained and out of
view from adjacent properties and public streets. The applicant's CZC application must
clearly demonstrate how this standard is met.
4. Cross Access: The property to the south is dependent on two points of access for
interconnectivity and is directly tied with the existing Development Agreement for
providing a frontage road to Eagle Road. The applicant has provided a design consistent
with two points of access, one point at Sadie Creek Avenue and the second point for the
drive aisle approximately 700 feet west of the UsticklEagle intersection. There shall be
cross access with a section designed to meet private street standards with the second point
of access not designated as a public street.
Variance Application (V AR-05-022) the proposed access variance does not comply with the
Unified Development Code or the Meridian Comprehensive plan.
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 (staff's analysis in
italics). For additional analysis, see the Variance Findings in Exhibit D.
.
Ea!!le Road Arterial Studv - Final Report (April 2004)
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:
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, etc. . ."
ACHD has provided three access points to the site which lie along the broadest
dimension of the site. The depth of the site would preclude any access to Eagle Road
which would consolidate the accesses to the new public street (Sadie Creek Avenue)
or the approved approaches to Ustick Road. These approaches aU lie within 570
feet of Ustick Road which would be an acceptable length of which commercial users
would expect public road access.
Sadie Creek Promenade Subdivision
AZ-O5-052/PP.O5-053/CUP-O5-049N AR.O5-022
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21106
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 City's commitment to
reducing the number of trips and potential accidents on Eagle Road.
Traffic Accident Data
Finally, to conclude staffs analysis, we obtained 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 ofthose intersections were along Eagle Road/SH55 (Overland,
Magic View, St. Luke's, Franklin, Lanark and Fairview).
2004 TOP 10 MERIDIAN ACCIDENT LOCATIONS
INTERSECTION TOTAL # ACCIDENTS
EAGLE/FAIRVIEW 82
FAIRVIEW/LOCU5T GROVE 46
MERIDIAN/OVERLAND 44
EAGLE/FRANKLIN 41
FAIRVIEW/RECORD5 39
EAGLE/MAGIC VIEW 30
EAGLE/LANARK 28
EAGLE/5T LUKES LN 26
MAIN/FRANKLIN 23
EAGLE/OVERLAND 20
In 2004,228 of 1,357 total accidents in the City (16.7%) occurred on Eagle Road. There is a
direct correlation between the number of access pointslintersections along a roadway 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 new accesses helps
to ensure a safer roadway.
9b. Staff Recommendation: Based on the above analysis, staff fmds the AZIPP/CUP
applications substantially confonn with the adopted DA, Comprehensive Plan policies and UDC
standards. As noted under "Special Considerations," we recommend the building elevations be
submitted in compliance with the entryway corridor standards, the access point to Eagle Road be
eliminated and redesigned, and a private street section for cross access provided to the south be
added to the preliminary plat in place of the proposed Eagle Road access. We recommend
approval of the AZ/PP/CUP application with the conditions shown in Exhibit B.
10. EXHffiITS
A. Drawings
Sadie Creek Promenade Subdivision
AZ-OS-OS2/PP -OS-OS3/CUP -OS -049N AR -05-022
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06
1. Site Plan (by The Land Group, dated September 15, 2005)
2. Landscape Plan (by The Land Group, dated September IS, 2005)
3. Preliminary Plat (by The Land Group, dated September 15,2005)
B. Legal Description
C. Conditions of Approval
I. Planning Department
2. Public Works
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Services
7. ACHD
D. Required Findings from UDC
I. Armexation
2. Preliminary Plat
3. Conditional Use Pennit
Sadie Creek Promenade Subdivision
AZ-OS-052/PP-OS.053/CUP-OS-049/V AR-OS-022
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Of 2/21/06
Exhibit AI: Site Plan MP-l(The Land Group) Dated September 15, 2005
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Exhibit A Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06
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Exhibit A Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06
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Exhibit A Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06
Exhibit B: Legal Description
Ròylanca & Assoc tas P .A.
391 W. State Street, 5uIe E, EagIe,Idaho 83616
::ngineers . Surveyors. Landplanners
Telephone (208) 939-2824 Fax (208) 939-2855
September 15,2005
Project No. 2739
Legal Description
The Land Group
Annexation Area
8.32 Acres
EXHIBIT A
A tract of Iand for annexation and re.zone purposes situated. in U.S. Government Lot 1 of Section 5 and
U.S. Government Lot 4 of Section 4, Township 4 North, Range I East, Boise Meridian, Ada County,
Idaho, described as follows:
Commencing at a found brass cap monumenting the Northeast Comer of said Section 5, from which a
found 5/8~inch steel pin monumenting the North One Quarter Comer of said Section 5 bears
South 89.39'20" West a distance of 2656.46 feet, thence following the northerly line of said Section 4,
North 89.35'50" East a distance of 27.59 feet to an Idaho Transportation Department Monument
monumenting the intersection of said northerly line and the centerline of N. Eagle Road-Highway 55;
Thence leaving said northerly line and following said centerline, South 01.14'39" West a distance of
402.23 feet to the POINT OF BEGINNING.
Thence following said centerline South 01.14'39" West a distance of 277.05 feet to a point;
Thence leaving said center1ine North 83.54'00" West a distance of 580.48 feet to a found S/8-inch
steel pin;
Thence Notth 71.28' 10" West a distance of 803.90 feet to a found S/8-inch steel pin on the westerly
line of said U.S. Government Lot I;
Thence following said westerly line North OO.IS' 11" West a distance of 296.40 feet to a point;
Thence leaving said westerly line South 66.12'00 " East a distance of 600.96 feet to a found S/8~
inch steeI pin;
Thence South 81.54'00" East a distance of 303.60 feet to a found 5/8-inch steel pin;
Thence South 84.06'00" EaSt a distance of 498.95 feet to the POINT OF BEGINNING.
The above-described tract of land contains 8.32 acres, more or less, subject to aU existing easements and
rights-of-way.
Prepared By:
ROYLANCE & ASSOCIATES PA
391 W. STATE STREF.f, StilTE E
EAGLE, IDAHO R3616
208.939-2824
208-939-2855 (FAX)
X : IProjccls \Land 0rI~ \27 39\Admi nll.eg. 18\Anoo ution.do;
Sadie Creek Promenade Subdivision
Exhibit B Page 1
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SlWATED IN A PORTION OF U.S. GOVERNMENT LOT 1 Of SECTION 5, f'l
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TOWNSHIP .3 NORTH, RANGE 1 EAST, BOISE MERIDIAN
ADA COUNTY, IDAHO
2005 N8g'.35'50~E
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391 W Stat" Street Suit" E Eo " Idol1o 83616 Oi/l.1/œ
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EXHIBIT B
ANNEXATION AND REZONE AREA
THE LAND GROUP
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21106
C. Conditions of Approval
1. Planning Department
SITE SPECIFIC REQUIREMENTS- (Sadie Creek Promenade)
1.1.1
1.1.2
1.1.3
1.1.4
1.1.5
1.1.6
1.1.7
1.1.8
1.1.9
1.1.10
1.1.11
1.1.12
1.1.13
The preliminary plat labeled as PP~I prepared by The Land Group, dated September 15, 2005, is
approved, with the conditions listed herein. All commentslconditions of the accompanying
Annexation and Zoning (AZ-05.052) and Conditional Use Pennit (CUP-05-049) applications
shall also be considered conditions of the Preliminary Plat.
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 both a Type A and
Type B space are available on site, located near the refuse/service area behind the building. As
long as the two spaces are dedicated, striping of the spaces is not required.
Graphically depict on the face of the plat, the proposed 30.foot wide landscape buffer easement
along the office lots that abut single-family lots. Said buffer area shall contain materials in
accordance with UDC 11-3B and not include impervious surfaces such as parking areas or
driveways. Said landscape buffers shall be in either a common lot or an easement adjacent to the
residential areas.
Graphically depict on the face of the plat, the required 35-foot wide landscape buffer along Ustick
Road and Eagle Road. Depict on the face of the [mal plat a 10-foot wide landscape buffer along
both sides of Sadie Creek Avenue. Said landscape buffers shall be in either a common lot or an
easement adjacent to the rights of way.
The landscape plan prepared by The Land Group, labeled Sheets LS 1.1, is not approved with
these applications a landscape plan consistent with UDC 11-3B shall be submitted with the final
plat which reflects any changes made to the preliminary plat to redesign the subdivision
consistent with approved access points. Including but not limited to full landscaping along Eagle
Road which currently is listed as a right-inlright-out access.
With the final plat application, submitted revised copies of the landscape plan with the changes
listed above.
Maintenance of all common areas shall be the responsibility of the Sadie Creek Promenade
Subdivision Business' Owners Association(s).
The applicant shall submit from the County Surveyors Office the appropriate documentation
showing that usage of Sadie Creek Promenade as an approved subdivision name.
Any roof-mounted mechanical equipment will be screened from view from any public right-of-
way. The applicant shall submit drawings at the time of CZC submission that demonstrate this
condition is complied with.
The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11.
The awnings on the north elevations shall extend at least 20 feet beyond the entry doors,
measured from the building face to the outer edge of the awning for the retail buildings. The
applicant shall submit a drawing at the time of CZC application submission to demonstrate
compliance with this condition.
Comply with UDC 11-3A-12 regarding a screen for the refuse/service area.
No irrigation pump station or facility is shown on the Site Plan. However, if one is proposed for
the site, it must be located outside of any required street buffer. Impervious surfaces are
prohibited in said buffers.
Sadie Creek Promenade Subdivision
Exhibit C Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06
1.1.14 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed
from the site.
1.1.15
1.1.16
1.1.17
1.1.18
1.1.19
Provide cross access/cross parking agreement(s) for all lots in Sadie Creek Promenade
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.
Other than the points of access approved by ACHD, direct lot access to Ustick Road, Eagle Road,
and Sadie Creek Avenue is prohibited. A note shall be placed on the final plat restricting access to
Eagle Road and Ustick Road.
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.
Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
1.1.20
GENERAL REQUIREMENTS--PRELIMINAR Y PLAT
1.1.21
1.1.22
1.1.23
1.1.24
Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to City Code.
All areas approved as open space shall be free of wet ponds or other such nuisances. All
stonnwater detention facilities incorporated into the approved open space are subject to UDC 11-
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 pennitted under UDC 11-3A-
18. Where the applicant has submitted a preliminary landscape plan and where staffhas reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the stonnwater detention facility cannot be incorporated into the approved
open space and still meet the standards of UDC 11-3A-I8, then the applicant shall relocate the
facility. This may 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.
The applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. If pennanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building pennit. All fencing
should be installed in accordance with City Code.
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.
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 MCC 12-4-13, 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.
Sadie Creek Promenade Subdivision
Exhibit C Page 2
2.5
2.6
2.7
2.8
2.9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06
1.1.25 Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
1.1.26 Preliminary plat approval shall be subj ect to the expiration provisions set forth in UDC l1-6A.
2. Public Works Department
2.1
Sanitary sewer service to this development is being proposed via extensions of mains located in
E. Ustick Road. The applicant shall install mains to and through this development, coordinate
main size and routing with the Public Works Department, and execute standard forms of
easements for any mains that are required to provide service. Minimum cover over sewer mains
is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
Water service to this site is being proposed via extension of mains in E. Ustick Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.2
2.3
An additional water connection to the main located in N. Eagle Road may be required to ensure
adequate fire flows. The decision will be made by the City Engineer once specific building
designs and fire flow requirements are submitted.
Provide a 20.foot easement for all public water/sewer mains outside of public right of way
(include all water services and hydrants). The description shall be consistent with the graphically
depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal
description, which must include the area of the easement (marked EXHffiIT A) and an 81/2" x
11" map with bearings and distances (marked EXHffiIT B) for review. Both exhibits must be
sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the
plat referencing this document.
The applicant has indicated that the required pressurized irrigation system in this development is
to be owned and operated by the Business Owner's Association. Plans will be reviewed by
Public Works as part of the plan review process with a draft "Operations and maintenance"
manual being required prior to plan approval.
The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water. The applicant should be required to use any existing surface or well water for the
primary source. If a surface or well source is not available, a single.point connection to the
culinary water system shall be required. If a single-point cotUlection 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.
2.4
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 City Ordinance 12-4-
13. Plans will need to be approved by the appropriate inigationldrainage 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, plans will be reviewed and
approved by the meridian City Engineer prior to final plat signature
All existing structures shall be removed prior to signature on the final plat by the City Engineer.
Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
Sadie Creek Promenade Subdivision
Exhibit C Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21106
Applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Anny Corps of Engineers.
All grading of the site shall be performed in conformance with City Code.
Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
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
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
3.1
3.2
The preliminary plat does not indicate how the storm drainage will be disposed of. 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. Stonn water treatment
and disposal shall be designed in accordance with Department 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.
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.
All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized inigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as detennined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
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.
Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
Acceptance of the water supply for fire protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
Final Approval of the fIre hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' 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 spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on comers when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements ofthe!FC Section 509.5.
Sadie Creek Promenade Subdivision
Exhibit C Page 4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21106
3.3
All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius.
3.4
Provide at least a 20' wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section DI03.6 Signs.
Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping.
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.
Commercial and office occupancies will require a fire.flow consistent with the Intemational Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
The new commercial lot will have an unknown impact on Meridian Fire Department call volumes.
The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a
report completed by Fire & Emergency Services Consulting Group our requests for service are
projected to reach 2800 in the year 2005 and 3800 by the year 2010.
The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
Maintain a separation of 5' from the building to the trash dumpster enclosure.
Provide a Knoxbox entry system for the complex prior to occupancy.
The applicant shall work with Planning Department staff to provide an address identification plan
and a sign which meets the requirements of the City of Meridian sign ordinance at the required
intersection(s).
The Fire Dept. has concerns about the ability to address the project and have the addresses visible
from the street which the project is addressed off of. Please contact Vicki Heugly (898-5500) to
address this concern prior to the public hearing.
Provide exterior egress lighting as required by the International Building & Fire Codes.
There shall be a fIre hydrant within 100' of all fIre department connections.
Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fIre apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fll'e hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
Sadie Creek Promenade Subdivision
Exhibit C Page 5
5.3
6.1
7.1
7.2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/2]/06
For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
4.1
4. Police Department
The proposed plat andlor site design encourages high-speed, cut.through traffic. The applicant
shall work with the Ada County Highway District to provide traffic calming design to decrease
travel speeds on Sadie Creek Avenue.
The proposed drive through has limited visibility from a public street. Prior to the next public
hearing, the applicant shall meet with the Police Chief to discuss methods of increasing visibility
to the facility.
The proposed development andlor plat do not offer natural surveillance opportunities of the
public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief andlor
Planning Staff to discuss features that increase visibility, including but not limited to: doors and
windows that look out on the public areas, front porches, and adequate nighttime lighting. The
site plan andlor landscaping plan shall be revised in accord with those discussions.
The proposed after.hours walk-up facility (e.g. ATM) has limited visibility from a public street.
Prior to the next public hearing, the applicant shall meet with the Police Chief to discuss methods
of increasing visibility to the facility.
The loading areas shall be separated from all public parking areas.
5. Parks Department
Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance 11- 3B will be followed.
4.2
4.3
4.4
4.5
5.1
5.2
Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance
Tree Grate and Tree Box standard: The proposed tree grate shall be a 6 foot 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
Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
7. Ada County Highway District
Construct a minimum 5-foot wide detached concrete sidewalk on Ustick Road abutting the site.
Dedicate right-of-way to accommodate the sidewalk or provide a sidewalk easement.
Construct a 40-foot wide north-south public street located at the west property line, with vertical
curb, gutter and 5-foot wide attached concrete sidewalk abutting this parcel. A temporary
turnaround is required. Install a sign at the tenninus of the roadway stating that "THIS ROAD
WILL BE EXTENDED IN THE FUTURE".
Sadie Creek Promenade Subdivision
Exhibit C Page 6
7.4
7.5
7.6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06
7.3
A right-inlright-out driveway is approved on Ustick Road as constructed, located approximately
400-feet west of Eagle Road.
A full access driveway is approved on Ustick Road as constructed, located approximately 600-
feet west of Eagle Road.
Driveways on the proposed Sadie Creek Avenue shall be located no closer than 120-feet to Ustick
Road.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
7.7
7.8
7.9
7.10
7.11
7.12
7.13
7.14
7.15
7.16
Any existing irrigation facilities shall be relocated outside of the right-of-way.
Private sewer or water systems are prohibited fÌ'om being located within any ACHD roadway or
right-of-way.
All utility relocation costs associated with improving street fÌ'ontages abutting the site shall be
borne by the developer.
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.
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 387-6258 (with file numbers) for
details.
All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State ofIdaho shall prepare and certify all improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of building pennit
(or other required pennits), which incorporates any required design changes.
Construction, use and property development shall be in confonnance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
Payment of applicable road impact fees will be required prior to building construction in
accordance with Ordinance #200, also known as Ada County Highway District Impact Fee
Ordinance.
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 compromised during
any phase of construction.
Sadie Creek Promenade Subdivision
Exhibit C Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06
7.17
No change in the tenns and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confinnation of any change from the Ada County Highway District.
7.18
Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subj ect 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.
Sadie Creek Promenade Subdivision
Exhibit C Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/2l/06
Exhibit D. Required Findings from Zoning Ordinance
1. Annexation I<~indings UDC 11-5B-3E:
The commission and council shall review the particular facts and circumstances of each
proposed zoning amendment in tenus of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment:
A. The map amendment complies with the applicable provisions of the comprehensive
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. Staff 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 ofthe C~G district
is "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 traveI~related services as well as retail sales for the transient and
pennanent motoring public."
The Council finds that the proposed zoning is in general confonnance with the
comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of
specific comprehensive plan action items that apply to this development).
ConcuITent with the annexation and zoning application, the applicant has submitted a
preliminary that proposes commercial products for the subject site (PP-O5-053/CUP-O5-
049N AR-O5-022). The Council does not anticipate that the applicant plans to rezone the
subject property in the future if the accompanying PP application is approved.
B. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Several road improvement projects are occUlTing in the near vicinity to the site or are
approaching completion that are tied in with the approved and under construction
projects, specifically Ustick Road. The subject property is generally suITounded by
rapidly developing commercial properties. The Council does not find that there has been
a change in the area that dictates that this property should be rezoned. The Council finds
that the various proposed commercial uses would be allowed (pennitted) within the
requested C.G zone. The entire site is being proposed as commercial and upon build out
the Council would not anticipate changes of usage for this site.
C. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The applicant has not submitted elevations for the proposed commercial units but has
agreed to use the design guidelines for commercial projects along gateway coITidors
when designing building facades. The Council finds that the proposed C-G zone with the
proposed retail, office and restaurant uses, if designed, constructed and operated in
accordance with adopted city ordinances, should be hannonious and appropriate in
appearance with the intended character of the vicinity. 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
Sadie Creek Promenade Subdivision
Exhibit D Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06
as government offices. The Council finds that the proposed development will change the
existing character of the area, which is still largely rural. However, the proposed
development is generally harmonious with the intended character envisioned by the
Comprehensive Plan. Further, the Council does not anticipate that the proposed uses will
be hazardous as long as the applicant complies with the conditions contained in Exhibit B
and all City Code provisions. The Commission and Council rely on any oral or written
testimony that may be provided when detennining this finding.
D. The map amendment shall not result in an adverse impact upon the delivery of
services by any political subdivision providing public services within the City including,
but not limited to, school districts; and,
The applicant will be responsible for the extension of all utilities necessary to serve this
proposed development. Permanent sanitary sewer service to this development is to be
provided by the extension of sewer in Ustick 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 Council finds that the subject site is proposed for
development in a fashion similar to other properties in the area.
The applicant and/or future property owners will be required to pay park and highway
impact fees.
ACHD has submitted a staff report with site specific and standard conditions are attached
as Exhibit C.
On October 28, 2005, a joint agency/department comments meeting was held with
representatives of key service providers to this property. Based on the joint
agency/department meeting and other comments received from agencies/departments,
staff finds that except for sanitary sewer, the public services listed above can be 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 ilTigation 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.
E. The annexation is in the best ofinterest ofthe City (UDC 11-5B-3.E).
If the applicant enters into a Development Agreement (DA) with the City, the Council
finds that the annexation and zoning of this property to C~G (General Commercial, and in
accordance with the findings listed above, the Council finds that the annexation/zoning of
this property, as proposed by the applicant, would be in the best interest ofthe City (see
Analysis section in the Staff Report).
2. Preliminary Plat Findings UDC 11-6B-6:
In detennining the acceptance of a proposed subdivision, the Commission shall consider the
objectives of this Title and at least the following:
Sadie Creek Promenade Subdivision
Exhibit D Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06
A. The plat is in conformance with the Comprehensive Plan;
Please see Annexation Findings Item A above.
B. Public services are available or can be made available and are adequate accommodate
the proposed development;
Please see Annexation Findings Items C and D above
C. The plat is in conformance with scheduled public improvements in accord
the City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their cost,
the subdivision will not require the expenditure of capital improvement funds.
D. There is public financial capability of supporting services for the proposed
development;
Please see Exhibit B for comments and conditions from other agencies and departments.
E. The development will not be detrimental to the public heath, safety or general
welfare; and
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 Councilor Conunission's
attention. ACHD and ITD consider road safety issues in their analysis. The Conunission and
Council reference any public testimony that may be presented to determine whether or not the
proposed subdivision may cause health, safety or enviromnental 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. Furthennore the applicant shall define with the Parks Department the
location of a multiuse pathway which will further enhance the natural features of the perimeter
of the site.
3. Conditional Use Findings UDC 11-5B-6E
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in tenus of the following, and may approve a conditional use permit
if they shall find evidence presented at the hearing(s) is adequate to establish:
1. That the site is large enough to accommodate the proposed use and meet aU the
dimensional and development regulations in the district in which the use is located.
The Council finds that the site is 15.33 acres and is large enough to accommodate all required
parking, landscaping, loading and other standard regulations required by the UDC.
Sadie Creek Promenade Subdivision
Exhibit D Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21106
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
The Council finds that the proposed retail/restaurant/office/drive thru uses meets the objectives
of the Comprehensive Plan as listed in Section 7 of this report. Some of the standards of the
UDC are not cUITently being shown by the applicant's site plan and building elevations.
Specifically, the site plan needs to reflect the elimination of access to Eagle Road and building
elevations need to be submitted in compliance with the entryway corridor design standards. If
the applicant makes these changes, this finding will be met.
3. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of the
same area.
The Council fl11ds that the proposed retail uses complies with the uses permitted in the C~G
zone and those uses allowed under the Development Agreement. The building height, parking
layout, landscape buffer widths and other dimensional standards shown in the application
generally comply with the UDc. The property adjacent to the west boundary to approximately
320 feet south of Us tick Road is zoned R~2 and is proposed as low density residential uses.
The applicant will be required to construct the proposed buffer between land uses to address
this less intensive use.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
The Council fl11ds that the proposed development will not adversely affect other property in
the vicinity ifthe applicant complies with all CUP/PP/AZ/V AR conditions and constructs all
improvements and operates the use in accordance with the UDC standards. Traffic volumes
will significantly increase. However, both ACHD and !TD have reviewed the application and
placed special conditions on the applicant. These standards may include lighting, screening,
landscaping and other areas intended to mitigate potentially hannful effects.
5. That the proposed use will be served adequately by essential public facilities and services
such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, and sewer.
The Council fl11ds that sanitary sewer, domestic water and irrigation are available to the
subject property. A recently completed a public-private partnership to improve Ustick Road to
five lanes and ACHD is planning to install a traffic signal at the west boundary of the site
shown at Sadie Creek Avenue. The commercial land use should not have any impact on the
school system. Please refer to other comments prepared by the Meridian Fire Department.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The Council fmds that the applicant will pay to extend the sanitary sewer and water mains into
the site. No additional capital facility costs are expected from the City. The additional
commercial structures will improve the tax base for the City of Meridian. The applicant and/or
future property owners will be required to pay highway impact fees.
7. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Council finds that the proposed development will not involve uses that will create
nuisances that would be detrimental to the general welfare of the surrounding area.
Sadie Creek Promenade Subdivision
Exhibit D Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06
The Council recognizes the fact that traffic and noise will increase with the approval of this
subdivision; however, staff does not believe that the amount generated will be detrimental to
the general welfare of the public. The Council finds the future buffer between land uses along
the west boundary and the Ustick/Eagle Road street buffers will help to mitigate noise, fumes
and glare created by the additional traffic.
8.
That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The applicant will be required to comply with all state and local ordinances regarding
conveyance of water and maintaining historic points of access. The Ada County Historic
Preservation Council's Site Inventory does not show any structures or places listed for the
subject property. The Council is unaware of any other scenic or historic features on this site.
4. Variance Findings ODC 11-5B-4D
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings
listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a
variance, the Council shall make the followingfmdings:
1. The variance shall not grant a right or special privilege that is not otherwise allowed
in the district:
If the City Council grants the access points to Eagle Road/SH55, it would grant a right
that is currently prohibited not only in the C-G zone but for all new development adjacent
to state highways. The applicant has more than 500 feet of frontage on Ustick Road with
which to design multiple access points and take public street access.
Section 1I-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 recommendation has been provided to date. ITD
staff has commented that standard district policy applies to the site which does not allow
for access to Eagle Road other than at the Y2 rile intersections. Therefore, the City
Council finds that granting a variance to the site would be a special privilege which is not
allowed in this district.
2.
The variance relieves an undue hardship because of characteristics of the site;
Council finds there are no physical characteristics of the site which demand access points
be constructed that are any more unique or different than other properties along Eagle
Road SH55. For example, there are no major canals or ditches which prevent access to
Overland Road. The subject property has no barriers to constructing multiple access
points to Overland Road as approved by ACHD.
Granting any of the proposed access points to Eagle Road may relieve some traffic
congestion within the site because southbound traffic on Eagle Road SH55 would not be
forced to use Ustick Road to get through the EaglelOverland intersection; drivers could
potentially make a free right-out turn and avoid a right-hand turn on to Ustick Road from
the site. However, this is not tied to a physical characteristic of the site, which is what this
finding requires. In addition, when construction upgrades (signalized intersection at Sadie
Creek Avenue) to Ustick Road to the west ofthe site are complete, a right-hand turn on to
Ustick from the site should be relatively simple with little or no stacking for southbound
traffic and multiple turning lanes for northbound traffic.
Sadie Creek Promenade Subdivision
Exhibit D Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/06
3.
The variance shall not be detrimental to the public health, safety, and welfare.
Council finds that granting the right-inlright-out access points to Eagle Road SH55 has
the potential of increasing traffic conflicts due to the increased number of vehicles that
will need to merge with existing southbound traffic. Granting the full movement access
has the additional potential conflict of adding vehicles to the center tum lane where the
speed limit is 55 miles per hour. A vehicle going 55 miles per hour will travel 80.685
feet each second, as the proposed access is only 306 feet from the intersection it would
take a south bound vehicle approximately 4.5 seconds to cover the entire length of the
development where vehicles would be merging in multiple lanes. If a center median is
constructed, some of these potential conflicts may be avoided, but it does not address the
increased number of vehicles needing to merge with southbound Eagle Road traffic. We
recommend the Meridian Fire and Police Departments provide further testimony on this
issue.
Kohl's CUP Application
Exhibit F Page 1