HomeMy WebLinkAboutPZ - Applicant's response to staff report for 7-18 First Meridian L.P.
BROWMAN DEVELOPMENT COMPANY, INC.
Development Leasing Management
July 17tn, 2024
Planning and Zoning Commission
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
Subject: H2024-0007 Firenze Plaza—MDA&CUP
Dear Meridian Planning &Zoning Commission,
As the applicant, please consider this letter our formal correspondence regarding the staff report for Firenze Plaza MDA
and CUP applications H2024-0007. We appreciate staff's thoughtful analysis for the applications and we are in
agreement with all the Staff Conditions of Approval with the following exceptions. We respectfully request modification
to the conditions of approval as follows.
1) Modify Condition of Approval A.1 (page 6, page 8 and page 18)to allow the relocation of the Driveway shown on
Site Plan A& B and approved by ACHD.
- The relocated driveway location was already approved by ACHD in the ACHD approval letter dated March 29tn
2024 from Kara Leigh Troyer(copy attached as Exhibit A). The driveway relocation was found to meet all ACHD
Standards and Policies. The relocated driveway meets the minimum distance standards of offsetting opposing
driveways by being offset by more than 75'. The reasons for the requested driveway relocation areas follows:
o The relocated driveway provides safer automobile internal circulation by diverting automobile traffic to
the northern parcel away from the pedestrian access at the front of the proposed building entrances,
enhancing safety for pedestrians parking and walking directly in front of the businesses.
o The relocated driveway provides for longer sight distances for vehicles making a left turn out of the
proposed driveway, providing for safer movements from vehicles that are turning off Eagle Road onto
Mt. Etna.
We are respectfully requesting that the Planning and Zoning Commission make the findings that the driveway
relocation is acceptable because it provides safer circulation for both vehicles and pedestrians. Given ACHD has
also already approved the relocation meeting ACHD's standards and policies,there is no basis of code denial in
the City of Meridian development standards. Therefore we request that item A.1 be struck from the final
conditions of approval.
2) Modify Condition of Approval A.1.1.a (reference on page 18) by adding the below language (underlined and in
red)to the final condition of approval: "Future development of this site shall be generally consistent with the
Concept Plan A and B and conceptual building elevations included in Section VIII and the provisions contained
herein"from the final conditions.
1556 Parkside Drive, WALNUT CREEK, CA 94596 . (925) 588-2200 FAX: (925) 588-2230
We would respectfully request that reference to the elimination of concept plan A in item A.1.1.a be modified to
include both concept plans A and B, for the following reasons:
o Amending the Development Agreement is a cumbersome process and not necessary as the City will
retain the right and have full discretionary approval to review, approve or disapprove any drive through
use on the proposed future development as a part of the required Conditional use Permit process. We
are only requesting to modify the Development Agreement to encompass such future uses to avoid the
requirement of modifying the Development Agreement for the 3rd time. The required conditional use
permit process allows the City to accomplish its goals of deciding in the future whether a drive thru use
is appropriate without requiring a significantly more difficult and secondary process of a DA
Amendment. This is especially important if the proposed occupant of the property, and associated
building improvements is a beneficial and accretive use not only for Firenze Plaza but the surrounding
neighborhood and community as well. Please note,the setbacks to the future residential development
are consistent with the Meridian Development Code at 25' and include a 6'fence to buffer the
commercial development from the future residential.
Thank you and we sincerely appreciate the consideration of these modifications to the conditions of approval outlined in
the Staff Report.
Thank you
79
Aaron Zuzack
Vice President
2
EXHIBIT A
Development Services Department
ACED
connecting you to more
Project/File: Firenze Plaza / MER24-0032 / H-2024-0007
This is a conditional use permit application for the development of bank with a drive-
thru ATM and a retail building with a drive-thru on 1.94-acres. This application includes
a development agreement modification with the City of Meridian.
Lead Agency: City of Meridian
Site address: 3182 E Mount Etna Drive
Staff Approval: March 29, 2024
Applicant: Aaron Zuzack, via email
Browman Development Company, Inc.
1556 Parkside Drive
Walnut Creek, CA 94596
Staff Contact: KaraLeigh Troyer, Planner
Phone: 387-6391
E-mail: ktroyer(a)achdidaho.org
Report Summary:
ACHD Planned Improvements — pg.2
1. Conditions of Area Roadways — pg.2
A. Site Specific Conditions of Approval — pg.3
o Vicinity Map — pg.4
o Site Plan — pg.5
B. Findings — pg.6
C. Policies — pg.7
D. Standard Conditions of Approval — pg.10
E. Appeal Guidelines — pg.12
1 Firenze Plaza / MER24-0032 / H-2024-0007
ACHD Planned Improvements
1. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP):
• Amity Road is scheduled in the IFYWP to be widened to 5-lanes with enhanced pedestrian
and bike facilities from Locust Grove Road to Eagle Road with a design year or 2025-2026, a
right-of-way year of 2027, and a construction year yet to be determined.
• Amity Road is scheduled in the IFYWP to be widened to 3-lanes with enhanced pedestrian
and bike facilities from Locust Grove Road to Eagle Road with a design year or 2025-2026, a
right-of-way year of 2027-2028, and a construction year yet to be determined.
• Eagle Road is scheduled in the IFYWP to be widened to 5-lanes with enhanced pedestrian
and bike facilities from Amity Road to Eagle Road in 2024.
• Amity Road and Bridge #1590 is scheduled in the IFYWP to be replaced with a design yar of
2025-2026, a right-of-way year of 2027, and a construction date yet to be determined.
2. Condition of Area Roadways
Traffic Count is based on Vehicles per hour(VPH)
Roadway Frontage Functional PM Peak Hour PM Peak Hour
Classification Traffic Count Level of Service
Eagle Road 274-feet Principal Arterial 857 Better than "E"
Mount Etna Drive 316-feet Local N/A N/A
* Acceptable level of service for a five-lane principal arterial is "E" (1,780 VPH).
** ACHD does not set level of service thresholds for local roadways.
3. Average Daily Traffic Count (VDT)
Average daily traffic counts are based on ACHD's most current traffic counts.
• The average daily traffic count for Eagle Road north of Amity Road was 15,256 on November
1, 2023.
• There are no existing average daily traffic counts for Mount Etna Drive.
2 Firenze Plaza / MER24-0032 / H-2024-0007
A. Site Specific Conditions of Approval
1. Repair or replace any damaged or deficient transportation facilities abutting the site on Eagle Road
and Mount Etna Drive consistent with the current version of PROWAG.
2. Close the existing driveway located 219-feet west of Eagle Road with curb, gutter, and 5-foot wide
detached sidewalk to tie into existing improvements.
3. Construct a 38-foot wide curb-return type driveway located 308-feet west of Eagle Road.
4. Other than the access specifically approved with this application, direct lot access is prohibited to
Eagle Road.
5. Submit civil plans to ACHD Development Services for review and approval. The impact fee
assessment will not be released until the civil plans are approved by ACHD.
6. There will be an impact fee that is assessed and due prior to issuance of any building permits. The
assessed impact fee will be based on the impact fee ordinance that is in effect at that time. The
impact fee assessment will not be released until the civil plans are approved by ACHD.
7. Comply with all Standard Conditions of Approval.
3 Firenze Plaza / MER24-0032 / H-2024-0007
Vicinity Map
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5 Firenze Plaza / MER24-0032 / H-2024-0007
B. Findings for Consideration
1. Eagle Road
a. Existing Conditions: Eagle Road is improved with 5-travel lanes, vertical curb, gutter, and 10-
foot wide multi-use pathway abutting the site. There is 104-feet of right-of-way for Eagle Road
(57-feet from centerline).
b. Applicant Proposal: The applicant is not proposing any improvements to Eagle Road abutting
the site.
c. Staff Comments/Recommendations: The applicant's proposal meets District policy and
should be approved, as proposed. Consistent with District Minor Improvements Policy, the
applicant should be required to repair or replace any damaged or deficient transportation
facilities consistent with the current version of PROWAG. The applicant should be required to
dedicate right-of-way to 2-feet behind back of sidewalk.
2. Mount Etna Drive
a. Existing Conditions: Mount Etna Drive is improved with 2-travel lanes, vertical curb, gutter,
and 5-foot wide detached sidewalk abutting the site. There is 61-feet of right-of-way for Mount
Etna Drive (30-feet from centerline).
b. Applicant's Proposal: The applicant is not proposing any improvements to Mount Etna Drive
abutting the site.
c. Staff Comments/Recommendations: The applicant's proposal meets District policy and
should be approved, as proposed. Consistent with District Minor Improvements Policy, the
applicant should be required to repair or replace any damaged or deficient transportation
facilities abutting the site consistent with the current version of PROWAG.
3. Driveways
3.1 Mount Etna Drive
a. Existing Conditions: There is an existing 37-foot wide driveway located 219-feet west of Eagle
Road (measured centerline to centerline).
b. Applicant's Proposal: The applicant is proposing to close the existing driveway with curb,
gutter, and 5-foot wide detached sidewalk to tie into existing improvements. The applicant is
proposing to construct a 38-foot wide curb-return type driveway located 308-feet west of Eagle
Road (measured centerline to centerline).
c. Staff Comments/Recommendations: The applicant's proposal meets District policy and
should be approved, as proposed.
4. Other Access
Eagle Road is classified as a principal arterial roadway. Other than the access specifically approved
with this application, direct lot access is prohibited to these roadways.
6 Firenze Plaza / MER24-0032 / H-2024-0007
C. Policy
1. Federal Accessibility Design Guidelines and Standards
District policy 7203.1.1 states that developers shall follow the current version of the U.S. Access
Board's Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way(PROWAG), 36
CFR Part 1190, September 7, 2023; (Also see, https//www.access-board.gov/prowag and
https//www.access-board.gov/files/prowag/planning-and-design-for-alternatives.pdf for additional
information).
2. Minor Improvements
Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing
Highways adjacent to a proposed development may be required. These needed transportation
facilities are to correct deficiencies or replace deteriorated facilities. Included are sidewalk and/or
bike lane construction or replacement (with physical buffers if missing and needed); construction of
transitional sidewalk segments; crosswalk construction or replacement; curb and gutter
construction or replacement; repair, replacement or expansion of curb extensions; replacement of
unused driveways with curb, gutter, sidewalk, repair or addition of traffic calming or speed mitigation
features; installation or reconstruction of pedestrian ramps; pavement repairs; signs, motor vehicle,
pedestrian and bicycle traffic control devices; and other similar items. The current version of
PROWAG will determine the applicable accessibility requirements for alterations and elements
added to existing streets. ACHD staff is responsible for identifying the minor improvements that
would be proportionate to the size and complexity of the development.
3. Livable Street Performance Measures
District policy 7203.8 states that ACHD has adopted performance measures (level of stress) for
evaluating the experience of bicyclists and pedestrians. ACHD seeks to create a transportation
network that serves all ages and abilities. Bike and pedestrian facilities built through development
should achieve a bike and pedestrian level of traffic stress 1 or 2, with no new bike lane below a
minimum of 5-feet.
4. Eagle Road
Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for
improving all street frontages adjacent to the site regardless of whether or not access is taken to all
of the adjacent streets. Improvements shall include transitional segments in accordance with the
current version of PROWAG.
Master Street Map and Typology Policy: District Policy 7205.5 states that the design of
improvements for arterials shall be in accordance with District standards, including the Master
Street Map, Livable Streets Design Guide, and the most current ACHD Livable Streets Performance
Measures Plan as adopted by the ACHD Commission. The developer or engineer should contact
the District before starting any design.
Street Section and Right-of-Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state The
standard 5-lane street section shall be 59-feet (back-of-curb to back-of-curb). This width typically
accommodates two travel lanes in each direction, a continuous center left-turn lane or landscaped
median with intermittent turn lanes, and curbs and gutters. A 5-lane road shall also include a
minimum 10-foot wide multi-use path on both sides with an 8-foot wide buffer from back-of-curb.
Other bike facility treatments as defined in the ACHD Bike Master Plan may be approved at the
discretion of the ACHD Development Review Supervisor. If an interim on-street bike lane is required
in order to connect to existing facilities, the street section shall be 75-feet to allow for a 5-foot wide
bike lane and 3-foot wide painted buffer. The standard right-of-way width for a 5-lane arterial is 100-
feet.
Right-of-Way Dedication: District Policy 7205.2 states that The District will provide compensation
for additional right-of-way dedicated beyond the existing right-of-way along arterials listed as impact
7 Firenze Plaza / MER24-0032 / H-2024-0007
fee eligible in the adopted Capital Improvements Plan using available impact fee revenue in the
Impact Fee Service Area.
No compensation will be provided for right-of-way on an arterial that is not listed as impact fee
eligible in the Capital Improvements Plan.
The District may acquire additional right-of-way beyond the site-related needs to preserve a corridor
for future capacity improvements, as provided in Section 7300.
Pedestrian Facilities: District Policy 7205.5.7 requires a concrete sidewalk at least 5-feet wide are
required on both sides of all arterial streets. A parkway strip at least 8-feet wide between the back-
of-curb and street edge of the sidewalk is required to provide increased safety and protection of
pedestrians. Alternatively, on roadways identified for improvement in the Capital Improvement Plan,
a minimum 10-foot wide multi-use path may be required. The path shall be placed in accordance
with planned buildout in the Master Street Map with a minimum 8-foot wide planter strip as
measured to the closest edge of the path. Street trees are encouraged between the pedestrian
facility and the roadway when irrigation and maintenance will occur by the adjacent property owner
or HOA through an approved license agreement. Consult the District's planter width policy if trees
are to be placed within the parkway strip. In some instances, to match existing conditions, a
minimum 7-foot wide sidewalk may be constructed next to the back-of-curb. ACHD Development
Review staff will be responsible for determining the required facility. Vertical hardscape alternatives
to street trees may be considered in the buffer space when street trees are not practicable.
Detached sidewalks and multi-use paths are encouraged and should be parallel to the adjacent
roadway. Pedestrian facilities will only be allowed to deviate from a straight line parallel to the
roadway when authorized by Development Review staff to accommodate site specific conditions
(i.e., street trees, utilities, etc.).
Appropriate easements shall be provided if public pedestrian facilities are placed out of the right-of-
way. The easement shall encompass the entire area between the right-of-way line and 2-feet behind
the back edge of the pedestrian facility. Pedestrian facilities shall either be located wholly within the
public right-of-way or wholly within an easement.
Curb ramps or blended transitions shall be provided to connect the pedestrian access route at each
pedestrian street crossing in accordance with the current version of PROWAG. Provide detectable
warning surface in accordance with the current version of PROWAG.
ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM)
guide the right-of-way acquisition, arterial street requirements, and specific roadway features
required through development. This segment of Eagle Road is designated in the MSM as a
Residential Arterial with 5-lanes and on-street bike lanes, a 59-foot street section within 96-feet of
right-of-way.
5. Mount Etna Drive
Commercial Roadway Policy: District Policy 7208.2.1 states that the developer is responsible for
improving all commercial street frontages adjacent to the site regardless of whether or not access
is taken to all of the adjacent streets.
Street Section and Right-of-Way Policy: District Policy 7208.5 states that right-of-way widths for
new commercial streets shall typically be 50 and 70-feet wide and that the standard street section
will vary depending on the need for a center turn lane, bike lanes, volumes, percentage of truck
traffic, and/or on-street parking.
• A 36-foot street section (back-of-curb to back-of-curb)will typically accommodate two travel
lanes and on-street parking.
• A 40-foot street section (back-of-curb to back-of-curb) will typically accommodate two travel
lanes and a center turn lane.
8 Firenze Plaza / MER24-0032 / H-2024-0007
• A 46-foot street section (back-of-curb to back-of-curb) will typically accommodate two travel
lanes and a center turn lane and bike lanes.
Sidewalk Policy: District Policy 7208.5.6 requires a concrete sidewalk at least 5-feet wide to be
constructed on both sides of all commercial streets. If a separated sidewalk is proposed, a parkway
strip at least 6-feet wide between the back-of-curb and street edge of the sidewalk is required to
provide increased safety and protection of pedestrians. Consult the District's planter width policy if
trees are to be placed within the parkway strip.
A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the
dedicated right-of-way. The easement shall encompass the entire area between the right-of-way
line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within
the public right-of-way or wholly within an easement.
6. Driveways
6.1 Mount Etna Drive
Driveway Location Policy: District policy 7208.4.1 requires driveways near intersections to be
located a minimum of 75-feet (measured centerline-to-centerline) from the nearest local street
intersection, and 150-feet from the nearest collector/arterial or arterial street intersection.
Successive Driveways: District Policy 7208.4.1 states that successive driveways away from an
intersection shall have no minimum spacing requirements for access points along a local street, but
the District does encourage shared access points where appropriate.
Driveway Width Policy: District policy 7208.4.3 restricts commercial driveways to a maximum
width of 40-feet. Most commercial driveways will be constructed as curb-cut type facilities.
Driveway Paving Policy: Graveled driveways abutting public streets create maintenance
problems due to gravel being tracked onto the roadway. In accordance with District policy,
7208.4.3, the applicant should be required to pave the driveway its full width and at least 30-feet
into the site beyond the edge of pavement of the roadway.
Driveway Design Requirements: District policy 7208.4.3 states if an access point is to be gated,
the gate or keypad (whichever is closer) shall be located a minimum of 50-feet from the near edge
of the intersection and a turnaround shall be provided.
7. Tree Planters
Tree Planter Policy: Tree Planter Policy: The District's Tree Planter Policy prohibits all trees in
planters less than 8-feet in width without the installation of root barriers. Class II trees may be
allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed
in planters with a minimum width of 10-feet.
8. Landscaping
Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD
right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm
drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle
at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height
restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop
signs. Landscape plans are required with the submittal of civil plans and must meet all District
requirements prior to signature of the final plat and/or approval of the civil plans.
9. Pathway Crossings: United States Access Board R304.5.1.2 Shared Use Paths. In shared use
paths, the width of curb ramps runs and blended transitions shall be equal to the width of the shared
use path.
AASHTO's Guidelines for the Development of Bicycle Facilities 5.3.5 Other Intersection
Treatments: The opening of a shared use path at the roadway should be at least the same width
9 Firenze Plaza / MER24-0032 / H-2024-0007
as the shared use path itself. If a curb ramp is provided, the ramp should be the full width of the
path, not including any flared sides if utilized. . . . Detectable warnings should be placed across the
full width of the ramp.
FHWA's "Designing Sidewalks and Trails for Access" (1999) reflected common ADA-related
concepts: Chapter 6, Page 16-6: The width of the ramp should be at least as wide as the average
width of the trail to improve safety for users who will be traveling at various speeds. In addition, the
overall width of the trail should be increased, so the curb ramp can be slightly offset to the side.
The increased width reduces conflict at the intersection by providing more space for users at the
bottom of the ramp.
D. Standard Conditions of Approval
1. All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD
right-of-way.
3. In accordance with District policy, 7203.3, the applicant may be required to update any existing non-
compliant pedestrian improvements abutting the site to meet current Americans with Disabilities
Act (ADA), Public Right-of-Way Accessibility Guidelines (PROWAG), ISPWC, or ACHD
requirements . The applicant's engineer should provide documentation of compliance to District
Development Review staff for review.
4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
5. A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
6. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
7. 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 (1-811-342-1585) 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.
8. 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.
9. All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards
and approved supplements, Construction Services procedures and all applicable ACHD Standards
unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and
certify all improvement plans.
10. Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
11. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan
and may require additional improvements to the transportation system at that time. Any change in
the planned use of the property, which is the subject of this application, shall require the applicant
10 Firenze Plaza / MER24-0032 / H-2024-0007
to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a
waiver/variance of the requirements or other legal relief is granted by the ACHD Commission.
E. Conclusions of Law
1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval
are satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
11 Firenze Plaza / MER24-0032 / H-2024-0007
Request for Appeal of Staff Decision
To request an appeal of a staff level decision, see District policy 7101.6.7 at
https://www.achdidaho.org/home/showpublisheddocument/452/638243231708370000
Request for Reconsideration of Commission Action
To request reconsideration of a Commission Action, see District policy 1006.11 at
https://www.achdidaho.org/home/showpublisheddocument/452/638243231708370000
12 Firenze Plaza / MER24-0032 / H-2024-0007