HomeMy WebLinkAboutGateway Marketplace PP
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
APR t 3 2006
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In the Matter of a Preliminary Plat Approval for 18 Commercial lots for Gateway
Marketplace Subdivision by Landmark Development Group, LLC.
Case No(s). PP~O6-002
For the City Council Hearing Date of: April 18, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 18, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of April 18, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April
18,2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of April 18, 2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
II-5A.
4. Due consideration has been given to the comment(s) received ITom the govennnental
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). PP-O6-002- PAGE 1 of 4
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of April 18,
2006 incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
stamped Revised March 10, 2006 is hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of April 18, 2006 incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year ofthe
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and conforms substantially to the approved preliminary plat, such segments, if
submitted within successive intervals of eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approval. Upon written request
and filed by the applicant prior to the termination of the period in accord with 11-6B-
7.A, the Director may authorize a single extension oftime to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
determined and approved by the City Council may be granted. With all extensions, the
Director or City Council may require the preliminary plat, combined preliminary and
final plat or short plat to comply with the current provisions of Meridian City Code
Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-O6-002- PAGE 2 of 4
E.
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 of the governing body ofthe 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 April 18, 2006
F.
By action ofthe City Council at its regular meeting held on the
,2006.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED
COUNCIL MEMBER JOE BORTON
VOTED
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED
MAYOR TAMMY deWEERD
ATTEST:
WILLIAM G. BERG, JR., CITY CLERK
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-O6-002- PAGE 3 of 4
Copy served upon:
Applicant
Planning Department
Public Works Department
City Attorney
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS Of LAW AND DECISION & ORDER
CASE NO(S). PP-O6-QO2- PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARJNG DATE OF 4/18/2006
STAFF REPORT
TO:
FROM:
Hearing Date: April 18, 2006
Meridian City Council
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Plarming Commission
Staff: Joe Guenther, Associate Planner
Meridian Planning Department
208-884-5533
SUBJECT:
Gateway Marketplace
PP-06~002 - Preliminary pIat for 18 lots on 22.85 acres for Gateway Marketplace
by Landmark Development Group, LLC.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Landmark Development Group, LLC, is requesting approval of a PreIiminary Plat for 18
conunerciallots to construct up to 250,000 square feet of retail and restaurant uses on approximately
22.85 acres within the Gateway Marketplace development at the Southeast comer of Us tick Road and
Eagle Road/SH-55 with a Variance to Chapter 3 Article H ofUDC for access to Eagle Road. This is the
second application and would be the third conunercial project constructed within the KissIer annexation
project AZ-03-0l8 where Sadie Creek Promenade and Bienville Square Subdivisions are also included
with the subject annexation. The 22.85-acre site was approved for annexation with a DeveIopment
Agreement (DA) in April 2004 under the name Kissler Annexation (see File No. AZ-03-0l8). The DA
(Instrument No. 104107406) requires that any future use be consistent with the approved plans for the
annexation. A concept plan for the overall site was submitted with the preliminary pIat application
showing buiIding layouts, public access, cross access and drive aisles.
2. SUMMARY RECOMMENDATION
History: The PI arming Commission heard the item for the first time on February 16, 2006. On February
16, 2006 the Plarming Commission detailed their concerns on landscaping, interconnectivity, building
layout and parking Iot configuration. The main point of discussion was on the potential future public road
which would provide connection from the site to the east and connect with Ally's Way and the access
points to Eagle Road. The commission made a reconunendation to see a redesign citing staffs concerns
and included a public road connection to Eagle Road at the southern property boundary. The commission
made a second motion to direct staff to work with ITD and ACHD and forward to the City Council a
reconunendation to have a signalized intersection with a public street connection at the )4 mile point south
of the Eagle/Ustick intersection to facilitate an intersection bypass. On March 16,2006 the Commission
reconunended approval of the Gateway MarketpIace Preliminary Plat redesigned March 10, 2006.
The variance request proposes two new approaches to N. Eagle Road/State Highway 55, one for right-
in/right-out access driveway and one planned for a full access point. The Idaho Transportation
Department (ITD) has not approved any approach pennits on this site and has made conunent that this
site does not qualify for access by standard district policy. The ITD access executive committee met on
March 22, 2006. At the meeting ITD detennined that the applicant shall comply with the considerations
outlined in the Ietter dated March 24, 2006. The DeveIopment Agreement for the 22.85 acres does
require a frontage type of road. Staff feels that the future collector road east of the site sufficiently
addresses the interconnectivity of the site and may be substituted as a frontage road in cooperation with
the adjoining properties (Una Mas and ACHD annexations). The design will provide a public street
access to Ustick Road with the three points of cross access to the east, and potential future public street
south of the site to access the future Allys Way.
On April 5, 2006 Meridian City staff and ACHD Right of Way Division staff met to discuss the required
public street connection to the future collector road (Allys Way). ACHD would not approve a public road
Gateway MarketpIace Subdivision
PP-O6-0Q2
page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4118/2006
connection to Eagle Road and would only consider a public road connection to % mile east of Eagle Road
at the south property line. If the City Council denies the approaches, Stafffeels the design of the pIat
wouId adequately provide interconnectivity by allowing two points of connection to Ustick Road, three
points of COlU1ection the future collector road west of the site, and cross access to the south where the
future signalized intersection with River Valley Drive will connect to Eagle Road.
Staff is recommending approval of the subject application (PP-06-002) with the conditions contained in
Exhibt B of this report. Staff is also recommending deniaI of the access variance (V AR -06-002) as
outlined in the Variance staff report also to be heard on ApriI 18, 2006.
The Meridian Planning and Zoning Commission heard the item on March 16, 2006. At the March 16,
2006 public hearing they moved to recommend approvaL
a. Summary of Public Hearing:
i. In favor: Tamara Thompson (applicant's representative)
ii. In opposition: None.
iii. Commenting: None.
iv. Staff presenting application: Joe Guenther
v. Other staff commenting on application: None.
b. Key Issues of Discussion by Commission:
i. Constructing sidewalk along McMillan Road and Meridian Road with the first
phase of the development.
c. Key Commission Changes to Staff Recommendation:
i. Including a full access to Eagle Road at % mile south of Us tick Road.
ii. Supporting a public road connection at % mile south of Us tick Road.
d. Outstanding Issue(s) for City Council:
i. Eagle Road Access points
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number PP-06-
002 as presented in the staff report for the hearing date of April 18, 2006, and the preliminary plat
labeled PP-l, stamped REVISED March 10,2006 with the following modifications to the
conditions of approval: (add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number PP-06-
002 as presented in the staff report for the hearing date of ApriI 18, 2006, for the following
reasons: (you shouId state specific reasons for denial of the annexation or plat and you must state
specific reason(s) for denial ofthe conditional use pennit.)
Recommend Continuance
After considering all staff, applicant and public testimony, I move to continue File Number PP-
06-002 to the hearing date of (insert continued hearing date here) for the following reason(s):
(you should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
SE comer of Us tick Road and Eagle Road/SH55
Township 3N, Range IE, Section 4
b. Owner
James Kissler
Gateway Marketplace Subdivision
PP-O6-002
page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/18/2006
1125 W. Amity
Boise Id 83705
c. Applicant:
Landmark Development Group, LLC
Tamara Thompson
1882 Toluka Way
Boise ill 83702
d. Representative:
e. Present Zoning:
Tamara Thompson, Landmark
General RetaiI and Commercial (C-G) (AZ-03-0l8)
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 Iot 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 RetaiI/Restaurant
/Drive thru and other Commercial and office uses oriented around automobile traffic. The
applicant notes that the site is an ideal Iocation for a retail complex and will provide the
additional landscaping along drive aisles, the design review for structures along the gateway
corridor.
5. PROCESS FACTS
a.
The subject applications will in fact constitute preliminary plats as detennined 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.
Newspaper notifications published on: Council- March 27 and April 10, 2006
Radius notices mailed to properties within 300 feet on: CounciI- March 24, 2006
Applicant posted notice on site by: April 7,2006
b.
c.
d.
6. LAND USE
a. Existing Land Use(s): Bare land, singIe family residence
b. Description of Character of Surrounding Area: Large lot residential, highway-oriented
services, rapidly urbanizing.
c. Adjacent Land Use and Zoning
1. North: Future pad sites within Schmitchger Subdivision, Lowe's site zoned C-G.
2. West: Sadie Creek Promenade Subdivision, Bienville Subdivision proposals, zoned
C-G, RI, and RUT
3. South: undeveloped parcels zoned C-G with Redfeather Annexation.
4. East: Una Mas conceptual project and ACHD future right of way, zoned RUT-
proposed zone C-G
d. History of Previous Actions: In April 2004, the owners and City entered into a Development
Agreement for various High Density Commercial, Multi-family Residential, transitional, and
Gateway Marketplace Subdivision
PP-O6-002
page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/18/2006
office uses under File AZ-03-018. Some property was annexed and zoned to GeneraI RetaiI
and Commercial (C-G) with a Development Agreement while other portions of the property
(on the west side of Eagle Road) were not included in the annexation leaving out parcels
which were addressed with the original conceptual plan.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer:
Location of water:
Extension of mains in Ustick Road
Extension of mains in Ustick Road
Issues or concerns:
Water main connection in Eagle Road is required.
2. Vegetation: AgriculturaVlrrigated
3. Flood plain: N/A
4. Canals/Ditches Irrigation: The Milk Lateral bisects the property
5. Hazards: None identified
6. Size of Property: 22.85 acres
7. Description of Use: Up to 250,000 square feet of Retail, Commercial, and
Restaurant uses and associated parking and landscape improvements.
f. Subdivision Plat Infonnation -
The submitted plat contains 18 lots in a C-G proposed zone with commercial uses.
CommerciaI uses are shown to be a mix of restaurant/retail spaces with six approximate
30,000 square foot buildings and 8 approximate 3,000 to 6,000 square foot buildings and
8 approximate 2,000 square foot attached buildings, and one approximate 40,000 square
foot office/retail building.
g. Landscaping -
1. Width of street buffer(s): Per the Future Land Use Map, both Ustick Road and Eagle
Road are designated as "Entryway Corridors." As such, the UDC (Table Il-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. Percentage of site as open space: The UDC does not require open space or site
amenities for commercial uses.
4. Other landscaping standards: The landscape buffer along Ustick Road should be
constructed in accordance with UDC Chapter 3, Article B.
h. Planned Development Characteristics - N/ A
i. Conditional Use Infonnation:
1. Non-residential square footage:
250,000
2. Proposed buiIding height: 65 feet
3. Percentage of site devoted to building coverage: 25%
4. Percentage of site devoted to landscaping: Not defined
Gateway MarketpIace Subdivision
PP-O6-002
page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/18/2006
5. Percentage of site devoted to paving: Not defined
6. Percentage of site devoted to other uses: N/ A
7. Number of Residential units: N/A
j. Amenities - The applicant is not required to provide an amenity
k. Off-Street Parking (residential uses) - N/ A
1. Proposed and Required Residential Standards - N/ A
m. Proposed and Required Non-Residential Parking - One off-street parking space required for
every 500 square feet of gross floor area. This may be addressed during detaiIed CUP review,
CZC review, and/or buiIding design review but the design appears to meet the minimum
standards of the UDC parking requirements.
n. Summary of Proposed Streets and/or Access (private, public, common drive, etc.):
. The applicant is proposing two new access points to Eagle Road/SH55 to serve
the Gateway Marketplace project at approximateIy 700 feet and 1200 feet south
of the Ustick/Eagle Intersection.
As noted above, ITD must issue a right-in/right.out pennit and a full access pennit for
this site, and the access is further contingent on the Meridian City Council granting a
variance to UDC 11-3H. At this time the policy in place would be for frontage roads to
serve this site and provide connection to the 'l2 mile and the collector road systems. ITD
has submitted a letter indicating that they will not make a decision on approving access to
Eagle Road until such a time as the Meridian City Council has formally acted on the
Variance request. City staff does not suppo:r:t any access to EagIe Road in this Iocation.
In addition, the applicant is proposing two new access points to Ustick Road at the
following locations:
. Driveway #1 - 350 feet east of Eagle (right-in/right-out with center median)
. Driveway #2 - 700 feet east of Eagle (full access)
Ustick Road, from Leslie Drive to Ally Street (on the east side of Eagle Road), including
the Eagle Road intersection, has just been widened and improved to five lanes. The
intersection was widened to include dual left turn lanes.
In addition, the recorded DA between the applicant and the City requires either a public
or private street be constructed parallel to Eagle Road/SH55 that may connect to the north
boundary and may also connect to Eagle Road, if allowed by ITD at a point to be
determined by ACHD. ACHD has stated that the applicant shall provide cross access
south and east to connect to the future collector roadway east of the site and the
connection to the signalized access proposed south ofthe site at River Valley Drive.
This project along with the Una Mas Project east ofthe site will connect with AlIy Street,
a proposed public street serving as a collector roadway to the entire area. The design
received March 10, 2006 lines up at three points to the east as requested. The area pIan
(Una Mas Annexation) shows private, internal driveways connecting to the future public
street; such driveways run mostly east/west connecting the Kissler site to Ally Street and
ultimately Ustick Road.
For a detailed report on both ITD's and ACHD's actions and comments, please see the
Ietters/reports submitted with the application.
Gateway Marketplace Subdivision
PP-O6-002
page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/18/2006
7. AGENCY COMMENTS MEETING On December 2gth 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. Staffwill included all
comments and recommended actions as Conditions of Approval if the Meridian Planning
Commission requests approval of the design as presented. If the Meridian Planning Commission
agrees with the staff analysis that a redraw ofthe plat will be required of the site then staff will
provide comments at such time as a new proposaI is ready for Commission review.
S. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated 'Mixed
Use-Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation
is derIDed 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 ofuses.
Staff fmds 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 qlthe 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 subject 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 Impact Area.
Staff finds that the site is designated for MU-R on the Comprehensive Plan Future Land Use
Map. Although strictly commercial uses have not been specifically plannedfor this property
on the Comprehensive Plan Future Land Use Map the Development Agreementfrom the
annexation shows this portion as commercial and consistent with the overall site plan when
combined with the proposed Bienville Subdivision, and Sadie Creek Promenade Subdivision
which are all bound by the same development agreement. The bulk proposal of uses would
Gateway MarketpIace Subdivision
PP-O6-002
page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 41l8/2006
also meet 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 not proposing access from
the adjoining commercial areas by way of cross access, sidewalks or shared streets which
will provide future connection to residential areas east of the site along Ustick Road. Staff
believes that the commercial areas proposed compliment the existing and planned residential
areas in the vicinity.
.
Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation
corridors.
Staff believes that the proposed land uses are appropriate along the adjoining transportation
corridors (Ustick Road and Eagle Road). Staff supports the proposed uses at this site as they
are consistent with the Mixed use regional district and the approved development agreement.
.
Chapter VII, Goal IV, Objective D, Action 2: Restrict curb cuts and access points on
collectors and arteriaI streets.
The ACHD evaluates access points in their analysis; no direct lot access is allowed to any of
the arterial/collector roadways. The proposed access points to the arterial streets generally
comply with ACHD 's standards as detailed in the stalf report. Please see the ACHD staff
report contained in the file.
ITD has indicated that they will not act on the proposed access points to Eagle Road until
such a time as the Meridian City Council acts on the variance requests.
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 eliminatedfrom this project.
.
Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers
along transportation coITidor (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 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 ofthis arteriaI
should be protected by minimizing the number and location of private driveway access
connections to this important roadway. The City should recognize, adopt, and heIp 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)
.
.
Gateway Marketplace Subdivision
PP-O6-002
page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/18/2006
.
"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)
.
.
9. UNIFIED DEVELOPMENT CODE
a. Allowed Uses in the Commercial Districts: UDC TabIe ll-2B-2 lists retail
store/restaurant/drive thru/ office/ financial institute uses as pennitted uses in the C-G zoning
district.
b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide
for the retail and service needs of the community in accord with the Meridian Comprehensive
Plan. Four Districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location
of the district in proximity to streets and highways. C-G General Retail And Service
Commercial District: The purpose of the C-G district is to provide for commercial uses which
are customarily operated entirely or almost entirely within a building; to provide for a review
of the impact of proposed commercial uses which are auto and service oriented and are located
in close proximity to major highway or arterial streets; to fulfill the need of travel-related
services as well as retail sales for the transient and pennanent motoring public. All such
districts shall be cOlUlected to the municipal water and sewer systems ofthe city, and shall not
constitute strip commerciaI development and encourage clustering of commercial
development.
c. General Off~Street Parking Standards (from UDC ll-3C-5):
The following standards shall apply for off-street vehicle parking for nonresidential uses: In all
Commercial Districts the requirement shall be one n) space for every five hundred (500) square
feet of gross floor area.
d. Structures Subject to Design Standards (1l-3A-I9B5): All structures on property adjacent to
an entryway corridor (Ustick/Eagle Roads) are subject to the design standards listed in this
section.
e. Outdoor storagelrefuse areas (l1-3A-12): Outdoor utility meters, HV AC equipment, trash
dumpsters, trash compaction and other service functions shall be incorporated into the overall
design ofbuiIdings and landscaping so that the visual and acoustic impacts of these functions are
fully contained and out of view from adjacent properties and public streets.
f. Development along State and Federal Highways (11-3H-4B2): If an applicant proposes a change
or increase in intensity of use, the owner shall develop or otherwise acquire access to a street other
than the state highway. The use of the existing approach shall cease and the approach shall be
abandoned and removed.
a. No new approaches directly accessing a state highway shall be allowed.
b. Public street connections to the state highway shall only be allowed at:
1.
the section line road; and
Gateway Marketplace Subdivision
PP-O6-002
page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/18/2006
ii. the half-mile mark between section line roads. These half-mile connecting streets shall be
collector roads.
Section ll-3H-3: The applicant shall construct a street, generally paralleling the state highway,
be designed to accommodate future connectivity and access to all properties ITonting the state
highway that lie between the applicant's property and the nearest section line road and/or half
mile collector road. The intent is to provide for 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 haft-mile collector road. The street shall be designed to collect and distribute traffic
(emphasis added).
10. ANALYSIS
lOa. Analysis of Facts Leading to Staff Recommendation
The revised PP application substantially complies with the Unified DeveIopment Code. Below
are several special considerations for the P&Z Commission to review at the public hearing:
Analysis of Facts Leading to Staff Recommendation
PP Application (PP-06-002): The REVISED preliminary plat can be conditioned to comply
with the Unified Development Code.
Based on the policies and goals contained in the Comprehensive PIan and the general compliance
of the proposed development with the Unified Development Code, Staff believes that this is a
good location for the proposed development. Please see Exhibit D for detailed analysis of the
required facts and fIDdings for a Zoning Amendment.
Non-Residential Buildings: The applicant has requested a maximum of 250,000 square feet of
retail/restaurant/office spaces. Staff does not propose to limit the applicant to their request as this
area is designated as commercial, is sUITounded by other commercial uses and is a prime location
for intense commercial uses designed in a clustered fashion.
Drive Thru Separation: The applicant has requested severaIlots to be drive thru retail uses which
have a spacing requirement of 300'. Since the site plan is conceptual in nature staff feels that the
applicant shall design the site to meet the 300' standard separation for drive thru uses with this
application. If a drive-thru use is proposed within 300' of another drive thru then, a conditional
use application must be approved.
Access to SH 55/ EagIe Road: The applicant has requested an access point to Eagle Road.
According to ITD records, the applicant has submitted a request for access pennit but is not
vested with an access point for this location as the change in use is the deciding factor as to when
an access point be granted. Currently the site has no access to EagIe Road and the use is
agriculturaVresidential where the plat will change the use to commercial and is subject to the
design requirements of UDC 11- 3H. UDC requires that all access for Gateway MarketpIace
Subdivision shall be taken ITom Ustick Road at points detennined by ACHD.
Uses: All other lots shall be limited to OfficelRetaiVRestaurantJDrive thru uses and General
Commercial uses listed as pennitted in UDC Table ll-2B-2. Any uses (excepting Drive thru)
not listed as pennitted shall be subject to conditional approval.
Sidewalks: The applicant is proposing to construct internal sidewalks on the major tenant
entryways of the intemaI streets/drive aisles. The design shows the incorporation of the eight-foot
walkway which is directed to the main access to the commercial building. When and if the plat is
resubmitted as recommended, the appIicant shall provide a consistent pedestrian access corridors
Gateway Marketplace Subdivision
PP-06-002
page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/18/2006
as shown on the revised site plan dated March 10, 2006.
Commercial Amenities: _The applicant is showing additional landscaping/patio/seating outside
along lots I, 17, and 18. Staff supports the elimination of additional parking along EagIe Road
and when the detailed approvals are submitted for each building the applicant shall ensure these
features are included as amenities in the intersections of the gateway coITidors.
Landscape Street Buffers:
Arterials: UDC ll-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 pIace the required buffers in
common lots as per UDC 11-3B. See Exhibit B below.
Commercial Streets: UDC 11-2B requires a lO-foot wide street buffer along commercial
roadways. The submitted pIat does not include commercial cross access east and south. Staff
feels that a designed commercial cross access street shall be provided and subject to the
landscape standards for commercial street buffers. Within the 10-foot street buffer, a
detached sidewalk shall be provided.
Ditches. Laterals. and Canals: There are several irrigation laterals that bisect this parcel. Per UDC
ll-3A-6, all iITigation 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 Irrigation: The City of Meridian requires that pressurized iITigation systems be supplied
by a year-round source of water (UDC ll-3A-15). The applicant should be required to utilize any
existing surface or well water for the primary source. If a surface or well source is not available,
a single-point connection to the culinary water system shall be required. If a single-point
connection is used, the developer will be responsibIe for the payment of assessments for the
common areas prior to signature on the final plat by the City Engineer. An underground,
pressurized iITigation 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 buiIding pennit. All fencing should be installed in accordance
with City Code. See Exhibit B below.
Cross-access Internal: There are some commercial Iots that do not have frontage on a public
street. Instead 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 Iots
within the retail and other commercial portions of the subdivision to use the driveways and
parking aisles. Access to Eagle road shall be detennined by the Meridian City Council and at
least the non-signalized access point 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 in
cooperation with the parcel east of the site. Maintenance of the drive aisles and parking areas
should be provided for in a note on the face of the final pIat, AND/OR in a document such as
CCRs. See Exhibit B below.
Gateway Marketplace Subdivision
PP-06-002
page 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/18/2006
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.
EagIe Road Access: The Idaho Transportation Department (ITD) has a policy for access to a
Type IV PrincipaI 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 access points shown at approximately 850 feet south and 1350 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.
Loadin!! Space Parking: UDC 11-3C-8 requires off-street loading spaces for conunercial uses.
The Certificate of Zoning Compliance (CZC) application shall clearly demonstrate that both a
Type A and Type B space are available on site, Iocated near the refuse/service area behind the
buiIding.
Elevations: The applicant has not submitted building elevations of the 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-19 requires all structures
on property adjacent to an entryway corridor to comply with the design standards listed in this
section. Staff s 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 Eagle Road) 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 compIy with the following
ordinance standards:
a) Facades: Facades visible from a public street shall incorporate moduIations 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 ofthe following: a) overhanging
eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e)
cormces.
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 materiaIs of stone, brick, wood or other native materials. Smooth~faced concrete
bIock, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent
materials.
Refuse/Service Area Screen: Neither the Site Plan or Landscape Plan call-out how or if the
refuse/service area on the east side of the buildings will be screened. UDC 11-3A-12 requires the
visual and acoustic impacts of these functions are fully contained and out of view from adjacent
properties and public streets. The applicant's CZC application must clearly demonstrate how this
standard is met.
Gateway MarketpIace Subdivision
PP-06-002
page 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/18/2006
Cross Access: The property to the south is dependent on access for interconnectivity and is
directly tied with the existing Development Agreement for providing a frontage road to Ustick
Road. The applicant has provided a design not showing any points of access within the
immediate vicinity. These points of access are paramount on the success of the general area and
staff feels a minimum of three points of cross access shall be provided to the east and one point of
access to the south, which shall all be designed to private street standards for pedestrian and
vehicular traffic circulation.
Strip Development: The purpose statement ofthe General Commercial District specifically
reads, "shall not constitute strip commercial development and encourage clustering of
commercial development" The comprehensive plan policies further reads, "Use the
comprehensive plan, subdivision regulations, and zoning to discourage strip development, and
encourage clustered, landscaped business or residential development on entryway corridors."
The applicant has revised the plans to address this concern. Changes to the original design
include moving access points away from Ustick to allow for better stacking, this also eliminated
the small lots along the ustick frontage and replaced them with more retaillrestaurant uses on
larger pad style uses. These pad uses also incorporated additionallandscapeing screening and
redirection of traffic/pedestrian movement along Ustick. The applicant also removed one large
box user pad and moved it to a pad in a central location, shown on the redesign as lot 11. The
applicant has revised the landscape plan and has included six landscape strips with internal
sidewalks to break the parking lot into smaller sections. Staff would find that the redesign of the
project would not constitute strip development as shown on the design revised March 10,2006.
9b. Staff Recommendation: Based on the above analysis, staff finds the revised Preliminary
Plat applications confonns to the adopted DA, Comprehensive Plan policies and ODC standards.
As noted under staff analysis we recommend the building elevations be submitted in compliance
with the entryway corridor standards, the access point to Eagle Road be eliminated and
redesigned. Staff recommends approval of the application subject to the conditions of approval
shown in Exhibit B.
11. EXHIBITS
A.
Drawings
1. Preliminary Plat (by The Land Group, Revised March 10, 2006)
2. Landscape Plan (by The Land Group, dated March 7,2006)
B. Legal Description
C. Conditions of Approval
1. Planning Department
2. Public Works
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Services
7. ACHD
Gateway Marketplace Subdivision
PP-06-002
page 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF 4/18/2006
D. Required Findings from UDC
1. Preliminary Plat
Gateway Marketplace Subdivision
PP-06-002
page 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/18/2006
----
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Exhibit AI: Preliminary Plat PP-l(The Land Group) Revised March 10,2006
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GATEWAY MARKETPLACE SUBDIVISION
Preliminary Plat
Meridian, Idaho
Gateway MarketpIace Subdivision
Exhibit A Page I
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/18/2006
Exhibit A2: Landscape Plan L1.1(The Land Group) Dated March 7, 2006
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Gateway Marketplace Subdivision
Exhibit A Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/18/2006
Exhibit B: Legal Description
claiborn... waite consultinç~J..J¡,~:.
engineers 8: SUfYe.YOI'S
120 N. Curtis Rd,
Boise, Idaho 83706
(208} 376-8555
Fax (208) 429-9862
P.N. 2279
October 20, 2005
PARCEL"A"
USTICK PROPERTY
REMAINDER PARCEL DESCRIPTION
A parcel of land Iying in the Northwest 1/4 of Section 4, T.3N.. R.lE., B.M., Ada
County, Idaho, and being more particularly described as follows:
Commencing at the Northwest corner of said Section 4, thence S 89' 49'08" E along the
North boundary of said Section 4 and the centerline of Us tick Road for a distance of
97.62' feet;
thence Ieaving said North boundary and centerline S or 50'52" W for a distance of 77.96
feet to a point on the South right-of-way line ofUstick Road, being the REAL POINT
OF BEGINNING;
thence along said South right-of-way line for the following 13 courses:
N 4.:f 02'14" E for a distance of47.06 feet;
thence S 89' 49'08" E for a distance of262.S1 feet;
thence S 47 51 '21" E for a distance of 41.18 feet;
thence N 87 17' 10" E for a distance of29.03 feet;
thence N 42' 43'35" E for a distance of40.57 feet;
thence N S9' 13'34" E for a distance of 179.28 feet (formerly described as 179,20 feet);
:kjlL,,~O:T :i5":;:--I:fu¡"";;"'¡¡';¡...\,.ui j).'¿JIt:t:í.
thence S 89' 49'08" E for a distance of 10,00 feet;
Ih:;-!'Ic,,¡",rl(1 ;'.'.:- r:, u.õ,üis¡;;¡.,"'url:-4ileeL
C:\ProjectslUstickLLA (2279)\Documents\Parcct A.doc- I -
Gateway Marketplace Subdivision
Exhibit B Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/18/2006
claiborn ...... waite consuitingJlç
engineers & surveyors
120 N. Curtis Rd.
Boise. Idaho 83706
(208) 376-8555
Fax (208) 429-9862
P.N. 2279
October 20, 2005
PARCEL "8"
USTICK PROPERTY
5.51 ACRE SPLIT
A parcel of land lying in the Northwest 1I4 of Section 4, T.JN., R. IE., B.M., Ada
County, Idaho, and being more particularly described as follows:
Commencing at the Northwest comer of said Section 4, thence S 89' 49'08" E along the
North boundary of said Section 4 and the centerline of Ustick Road for a distance of
97.62' feet;
thence leaving said North boundary and centerline S or 50'52" W for a distance of 77.96
feet to a point on the East right-of-way Hne of Eagle Road;
thence along said East right-ofwway Hne S 01' 50'52" W for a distance of 1038.43 feet to
the REAL POINT OF BEGINNING;
thence continuing along said East right-of-way line S or 50'52" W for a distance of
154.90 feet;
thence SOfT 36'13" W along said East right-ofwway line for a distance of 114.17 feet;
thence leaving said East right-of-way line S 89' 51'00" E for a distance of 700.02 feet;
thence N 00' 36'13" E for a distance of 93.77 feet to the South boundary of Government
Lot 4 of said Section 4;
thence S 89 5 J '00" E along said South boundary for a distance of 61 .35 feet;
th"'~f'" I",!!,..¡~¡> ë:"¡~ ~-"'l:t!; ~~l:';1(!::r:'1" ort' 'H¡'"(',,. r fc-_- '-, ,1:01"<1,,. ,-':.~:-".i.-:'4 fe~t,
thence N 89' 5] '00" W for a distance of363.00 feet;
!h'n~" ,'(>(1 1'-[10' \V :~"I ,. Ji;.u¡¡" ( d c- VI Jò,t.
C:\Projec¡s\UstickLLA (2279)\Ðocuments\Parcel B,doc- 1 .
Gateway Marketplace Subdivision
Exhibit B Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/18/2006
thence N 8g 51 '00" \"1 for a distance of 17'/.00 feet;
thence S ocr 09'00" W for a distance of 34.50 feet;
thence N 89" 51 'DO" W for a distance of218.67 feet to the REAL POINT OF
BEGINNING;
containing 5.51 acres of land, more or less.
Prepared by: Todd R. Waite PL.S.
C:\Project!õ\UstickLLA (2279)\Documenls\ParoeIAdoc- 1 .
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/18/2006
C. Conditions of Approval
1. Planning Department
SITE SPECIFIC REQUIREMENTS- (Gateway Marketplace)
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
The preliminary plat Iabeled as PP-1 prepared by The Land Group, Revised March 10,2006, shall
is approved, with the conditions listed herein. All comments/conditions of the accompanying
Annexation and Zoning (AZ-03-0 18) DeveIopment Agreement 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 adequate parking is
availabIe on site, located near the refuse/service area designed at the building.
Graphically depict on the face of the plat, the required 35-foot wide landscape buffer along Ustick
Road and Eagle Road.
The applicant shall consider the landscape plan approved as submitted with the following
Individual lot landscaping considerations, the final plans shall significantly confonn to the
submitted plan which shows:
. Pad spaces with Iandscaping, patio, and cooperative outdoor user space. Lots 1, 3, 4, 5,
17, and 18
. Perimeter landscaping- 20' along the eastern perimeter
. Roadway landscaping- 20' with an internal sidewaIk along the southern perimeter and a
minimum of Y2 of a 42' road section.
. Internal sidewaIks/landscaping planters- these planters shall have a minimum of one tree
per 35' and an 8' wide sidewalk.
No direct lot access to Ustick Road or Eagle Road will be allowed. The existing driveways to
Eagle Road may be for construction purposes if approved by ITD. At such time, access to EagIe
Road shall be prohibited unless specifically granted through variance.
That prior to signature of the city engineer cross access to parcels east and south of the site be
granted.
The applicant shall provide commercial cross access drives to the properties east of the site as
shown on the revised plans. These access roadways shall be designed according to private street
standards as listed in UDC ll-3F, with a minimum of 24' travel way, no parking or backing on to
the service drive, a one side five foot detached sidewalk with a 5' landscape buffer. The
commercial cross access drive is to provide connection from the future Public Roadway (Ally
Street) east of the site, through the Una Mas Annexation site, and provide the most direct
vehicular traffic flow to a public road system.
The applicant shall work with ACHD to determine if a public frontage road shall be provided at
the southern boundary of the site. One half of a 42' public roadway design for a frontage/backage
road shall be reserved at this site until such a time as ACHD staff provides a written statement
refusing the reserved area.
Maintenance of all common areas shall be the responsibility of the Gateway Marketplace
Subdivision Business' Owners Association(s)
The applicant shall submit from the County Surveyors Office the appropriate documentation
showing that usage of Gateway Marketplace as an approved subdivision name.
Gateway Marketplace Subdivision
Exhibit C Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/18/2006
1.1.11
1.1.12
1.1.13
1.1.14
1.1.15
1.1.16
1.1.17
1.1.18
1.1.19
1.1.20
1.1.21
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 ODC 11-3A-I1.
All structures within Gateway Marketplace Subdivision shall submit a design review application
at the time of Certificate of Zoning Compliance application.
Comply with UDC 11-3A-12 regarding a screen for the refuse/service area.
No icrigation 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.
Prior to the City Engineer's signature of the [mal plat, all existing structures shall be removed
from the site.
Provide internal cross access/cross parking agreement(s) for all lots in Gateway Marketplace
Subdivision. All cross access drive aisles shall only approach the ACHD approved points of
access to the public street system. Maintenance of the aisle and parking areas shall be provided
for in a note on the face ofthe 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 and Eagle
Road is prohibited. A note shall be placed on the final plat restricting access to EagIe 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.
1.1.1
GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.1.2
1.1.3
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 1 I-3A-
18. Where the applicant has submitted a preliminary Iandscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the stonnwater detention facility cannot be incorporated into the approved
open space and still meet the standards of UDC 11-3A-18, 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.
Gateway Marketplace Subdivision
Exhibit C Page 2
1.1.6
1.1.7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/18/2006
1.1.4
Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
All irrigation ditches, laterals or canals, exclusive of naturaI waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per ODC 11-3A-6,
unless otherwise approved by the Irrigation District(s). Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. If lateral users association
approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer
prior to final plat signature.
Staff's failure to cite specific ordinance provisions or terms of the approved Preliminary Plat does
not relieve the applicant of responsibility for compliance.
Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11.6A.
1.1.5
2.1
2. Public Works Department
2.2
2.3
2.4
2.5
2.6
Sanitary sewer service to this development is being proposed via extension of mains in Ustick
Road. The applicant shall install all mains necessary to provide service; applicant shall coordinate
main size and routing with the Public Works Department, and execute standard forms of
easements for any mains that are required to provide service. Minimum cover over sewer mains
is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
Water service to this site is being proposed via extension of mains in U stick Road. The applicant
shall be responsible to install water mains to and through this development, coordinate main size
and routing with Public Works.
Due to the commerciaI uses on this project, a cormection to the water main in Eagle Road shall be
required to guarantee adequate fITe flow. Coordinate main size and routing with the Public Works
Department.
The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall not be dedicated via
the plat. The description shall be consistent with the graphically depicted easements on the plat
but be recorded as a separate document using the City of Meridian's standard forms. Submit an
executed easement (supplied by Public Works), a legaI description, which must include the area
ofthe easement (marked EXHIBIT A) and an 8112" x 1 I" map with bearings and distances
(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document.
The applicant has indicated the pressure irrigation system in this development is to be maintained
as a private system, therefore plans and specifications will be reviewed by the Public Works
Department as part of the construction plan review. A "draft copy" of the operations and
maintenance manual will be required prior to plan approval with the "finaI draft" being required
prior to final plat signature on the last phase of this project.
The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-6). The applicant should 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
Gateway Marketplace Subdivision
Exhibit C Page 3
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/18/2006
2.7
2.8
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsibIe for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
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.
All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC II-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
Iflateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final pIat signature.
A drainage pIan 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 Stonn 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.
Street signs are to be in pIace, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved and the Final Plat for this subdivision shall be
recorded, prior to applying for building pennits.
A letter of credit or cash surety in the amount of 110% will be required for all uncompIeted
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 irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.9
2.10
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.
Applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Anny Corps of Engineers.
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.
Gateway MarketpIace Subdivision
Exhibit C Page 4
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/18/2006
3. Meridian Fire Department
3.1 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.
3.2
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 specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above fmish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3
All entrance and internaI roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section DI 03.6 Signs.
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 rITe-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
The 23 office/commercial lots lot will have an unknown transient population and 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.
Maintain a separation of 5' from the building to the dumpster enclosure.
Provide a Knox box 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 at 898-5500 to
address this concern prior to the public hearing.
All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code.
Provide exterior egress lighting as required by the International Building & Fire Codes.
Gateway MarketpIace Subdivision
Exhibit C Page 5
3.15
3.16
3.17
3.18
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/18/2006
3.14
Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) fÌ"om a hydrant on a fire apparatus access road, as
measured by an approved route arOlUld the exterior of the facility or building, on-site fire 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).
i. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
ii. 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).
There shall be a fIre hydrant within 100' of alI Fire Department connections.
Buildings over 30' in height are required to have access roads in accordance with Appendix D
Section D1O5.
Side yard fences shall not be allowed.
Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall
be provided with two separate and approved fIre apparatus access roads. Exception: Projects having
a gross building area of up to 124,000 square feet (11520 m2) that have a single approved rITe
apparatus access road when all buildings are equipped throughout with approved automatic sprinkler
systems. (Remoteness Required)
4. Police Department
4.1 The police department supports the requirement for a frontage road as the length and bulk ofthe
proposed buildings impedes serviceability to all sides of the project.
5. Parks Department
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance 11-3B will be followed.
5.2
5.3
6.
6.1
7.
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 cze approval, contact Meridian Parks and
Recreation Department for specifications and tree box construction drawings.
Sanitary Service Company
Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
Ada County Highway District
Site Specific Conditions of Approval
Gateway MarketpIace Subdivision
Exhibit C Page 6
7.9
7.10
7.11
7.12
7.13
7.14
7.15
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 41\8/2006
7.1
Re-construct the northern driveway, on the adjacent flag lot, as a curb return driveway with
minimum 15-foot curb radii. This driveway shall be no wider than 30-feet.
7.2
Construct one new curb return driveway with minimum 15-foot curb radii located approximately
120-feet north of the south property line as proposed on the revised site plan. This driveway shall
be no wider than 30-feet.
7.3
Close the existing curb cut driveway located approximately 96-feet south of the north property
line with curb, gutter, and sidewalk to match existing improvements.
7.4
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
7.5
Any existing iITigation facilities shall be relocated outside of the right-of-way.
7.6
Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
7.7
All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.8
Replace any existing damaged curb, gutter and sidewaIk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
Comply with the District's Tree Planter Width Interim Policy.
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 suppIements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
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 are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
It is the responsibility ofthe 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 Ieast two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Gateway Marketplace Subdivision
Exhibit C Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/18/2006
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.16
No change in the tenus and conditions ofthis approvaI 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.
7.17
Any change by the applicant in the planned use of the property which is the subject ofthis
application, shall require the applicant to compIy with all ruIes, 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.
Gateway Marketplace Subdivision
Exhibit C Page 8
CITY Of MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF 4/18/2006
Exhibit D. Required Findings from Unified Development Code
Preliminary PIat Findings (UDC 11-6B-6);
ill detennining the acceptance of a proposed subdivision, the Commission and Council shall consider
the objectives of this Title and at least the following:
A. The conformance of the subdivision with the Comprehensive Development Plan;
ill Chapter VII of the Comprehensive Plan, 'Mixed Use Regional' is defined as areas including
commercial and residential development consistent with auto and service oriented uses. The Council
finds that the requested General Commercial (C-G) zoning designation is in accord with the
Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use-
RegionaI". The purpose of the 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 travel-related services as well as retail saIes for the
transient and pennanent motoring public."
The Council finds that the proposed zoning is in general confonnance with the comprehensive plan
(pIease see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action
items that apply to this development).
B. The availability of public services to accommodate the proposed development;
The site is intended for commercial uses which, based on the Comprehensive PIan description, will
have such uses as retail, wholesale, service and office uses, as well as appropriate public uses such as
government offices. The applicant will be responsible for the extension of all utilities necessary to
serve this proposed deveIopment. Pennanent sanitary sewer service to this development is to be
provided by the extension of sewer in Ustick Road and extended south through the site to be looped
with extensions in Eagle Road. The applicant will be responsible for the extension of utilities to and
through this proposed development. Sizing and routing shall be coordinated with the Public Works
Department.
Other urban services, such as water, are near to this site and the applicant should be able to extend
such services to the site.
The applicant and/or future property owners will be required to pay park and highway impact fees.
ACHD has submitted a staff report with site specific and standard conditions which will is attached as
Exhibit C. On December 28, 2005, a joint agency/department comments meeting was held with
representatives of key service providers to this property. Based on the joint 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 avaiIable 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, 10caI street infrastructure,
utilities and irrigation services to serve the proj ect. The primary public costs to serve the future
residents will be fIre, police and school facilities and services. The CounciI finds there will not be
excessive additional requirements at public cost and that the proposed zoning and subsequent
development will not be detrimental to the community's economic welfare.
C. The continuity of the proposed development with the capital improvement program;
Gateway Marketplace Subdivision
Exhibit F Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/18/2006
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. The 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 other health, safety or environmental problems that may be brought to the Commission's
attention.
The Council is not aware of any health, safety or general welfare probIems associated with the
development of this subdivision that should be brought to the CounciI or Commission's attention.
ACE-ill considers road safety issues in their analysis. The Comnùssion and Council reference any
public testimony that may be presented to detennine whether or not the proposed subdivision may
cause health, safety or environmental probIems of which staff is unaware.
F. The development preserves significant natural, scenic or historic features.
The Council is not aware of any natural, scenic or historic features which require preservation. The
applicant will be required to maintain, fence, and improve the waterways which are existing on this
site.
Gateway MarketpIace Subdivision
Exhibit F Page 2