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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17, 2007
SUBJECT:
Hearing Date: April 17, 2007
Mayor & City Council
Sonya Watters, Associate City Planner
(208) 884-5533
Gold's Gym (Market Square)
Development Agreement Modification
. MI-07-005
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STAFF REPORT
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FROM:
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Modification of the recorded Development Agreement to remove the
requirement to obtain Conditional Use Permit approval for site plan review of
any structure over 50,000 square feet, by Josh Wheeler
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Josh Wheeler, has submitted a Miscellaneous Application (MI) requesting modification to
the recorded Development Agreement for Market Square (aka Smitchger Subdivision), located in a C-G
zone. The site is located at the northeast comer of N. Eagle Road and E. Ustick Road in Section 33,
Township 4 North, Range 1 East, B.M.
The subject Development Agreement was approved by City Council on July 13, 2004, and recorded
August 20, 2004, as Instrument No. 104107404, records of Ada County, Idaho. The Applicant is
proposing to amend Item 6B-3c.3 on page 7 of the Development Agreement for this site (annexed as file
AZ-04-009).
The Applicant is proposing to amend the Development Agreement to remove the Conditional Use Permit
(CUP) requirement for site plan review of any structures over 50,000 square feet and instead, require
Design Review approval with the Certificate of Zoning Compliance for any structures over 50,000 square
feet. (See Applicant's Submittal Letter, dated March 12, 2007)
Below are the bolded sections of the existing Development Agreement that are applicable to the subject
application.
Item 6, of the subject Development Agreement, "CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY," states:
B. Adopt the Comments and Recommendations of the Meridian Planning and Zoning
Department as follows:
3. Prior to annexation ordinance approval, a Development Agreement (DA) shall be entered
into between the City of Meridian. property owner (at the time of annexation ordinance
adoption), and developer. The DA shall incorporate thefollowing:
c. Include the "Permitted, Conditional and Prohibited Uses" list, noting the following
modifications:
3. "Any structures over 50,000 square feet shall require a conditional use permit
for site plan review only and not for permitted uses, which are listed separately
under the application. "(Per action of the City Council taken at their June 15,
2004 meeting.)
The City has sent out notices of the subject request in accordance with the current standards for public
hearings. (See Section 4 below for publication dates)
There are no required findings for a miscellaneous application/development agreement modification.
Below, under History/Staff Analysis, Staff has provided the most pertinent facts and analysis related to
Gold's Gym DA MOD - MI-07-005
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17, 2007
the proposed development agreement modification.
2. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number MI-07-
005 as presented in the staff report for the hearing date of April 17, 2007. I further move to direct
Legal Department Staff to prepare an amendment to the recorded Development Agreement for this
site that reflects the changes to the subject Development Agreement.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number MI-07-005
as presented during the hearing of April 17, 2007, for the following reasons: (You should state
specific reason(s) for the denial of the application and explain what the Applicant could do to gain
your approval.)
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number MI-07-
005 to the hearing date of (insert continued hearing date here) for the following reason(s): (You
should state specific reason(s) for continuance.)
3. LOCATION & SURROUNDING USES
The subject development is located at the northeast comer of N. Eagle Road and E. Ustick Road in
Section 33, Township 4 North, Range 1 East, B.M.
The following uses surround the subject property:
North - Church, zoned A-I (City of Boise)
South - Commercial, zoned C-G
East - Residential, zoned Rl-C (City of Boise)
West - Commercial, zoned C-G
4. OWNER OF RECORD
The property owner of record of the subject Gold's Gym site at 3570 N. Eagle Road is Josh Wheeler,
1455 S. Country Terrace Court, Meridian, Idaho, 83642.
5. PROCESS FACTS
a. Miscellaneous applications are not currently addressed in Title 11 of the Unified Development
Code. It has been determined by the City's Legal Department that a miscellaneous application to
amend a recorded development agreement will, in fact, require a public hearing before the City
Council.
b. Newspaper notifications published on: April 2, 2007, and April 9, 2007
c. Radius notices mailed to properties within 300 feet on: March 30, 2007
d. Applicant posted notice on site by: April 9, 2007
6. HISTORY/STAFF ANALYSIS
In July 2004, City Council approved a request for annexation and zoning of this site to C-G (AZ-04-009).
Later, in December 2004, a preliminary plat (PP-04-037) was approved for the site that consisted of 11
building lots and 2 common area lots, called Smitchger Subdivision. Said subdivision was recorded in
2005. As part of the annexation approval, City Council required CUP approval for site plan review of any
structures over 50,000 square feet through a Development Agreement. The reason for this requirement is
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CITY OF MERIDIAN PLANNING AND ZONING DEP ARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17, 2007
that at the time of approval, there were no design standards contained in the old Meridian City Code. Staff
believed that, because the property was located at a highly visible intersection and a designated entryway
corridor, the Commission and Council should approve the design of buildings over 50,000 square feet.
Since that time, the Unified Development Code (UOC) was adopted and now contains standards for
design review. However, per UDC 11-3A-19B, design review is only required for buildings that are
located adjacent to an entryway corridor and/or that are over 200,000 square feet in a C-G zone. The
building lot (Lot 10) on which the Gold's Gym building is proposed (see Vicinity Map, Exhibit AI), is
not directly adjacent to an entryway corridor and the building proposed totals only 57,900 square feet.
(Note: The 169,793 square foot Lowe's Home Improvement Center building, directly south of the site,
received approval in 2004.)
Note: At this time, the only lots in Smitchger Subdivision that have not received building permits are Lots
2, 3, 7, 8 and 10. All of these lots, except Lot 10, are located adjacent to N Eagle Road and E. Ustick
Road, which are classified as Entryway Corridors. As such, the structures on the adjacent lots are subject
to the design standards listed in UDC 11-3A-19C. According to an addressing map provided by the
Public Works Department, there appears to be another building(s) proposed on Lot 10 other than the
Gold's Gym building; there are 4 parcels shown on the parcel map attached in Exhibit A.2. Staff is
recommending that because Lot 10 is not directly adjacent to an entryway corridor that all buildings on
this lot be required to obtain design review approval.
The applicant has submitted a site plan and elevations for the proposed Gold's Gym building on this lot.
The proposed elevations show an attractive building with a lot of windows, modulations in the fayade,
roof line recesses and projections; sloped roofs with varying roof planes; and a combination of textures,
materials, and colors. The proposed site plan shows an 8-foot wide pedestrian pathway through the
parking lot stretching from the western boundary of the parking area to the building entrance and shows
less than 70% of the parking located in front of the building. Staff recommends that the City Council
approve the proposed elevations and site plan as shown in Exhibit A of this staff report and not require
further design approval of the Gold's Gym site at staff level. Further, Staff recommends that the
Development Agreement be amended to remove the requirement for CUP approval of buildings over
50,000 square feet and instead, require all future buildings on Lot 10 (excluding the Gold's Gym
building) to apply for Design Review approval and comply with the standards listed below under Section
7. Note: Due to the location of Lot 10, all of the design standards will not apply. Staffis recommending
that only the standards listed below apply to future buildings on Lot 10.
7. RECOMMENDATION
Staff recommends that an amendment to the recorded Development Agreement for this site be approved,
which removes the requirement for CUP approval for site plan review, and requires Design Review
approval instead, of all future buildings on Lot 10 of Smitchger Subdivision except for the Gold's Gym
building. Staff recommends that the City Council approve the proposed elevations and site plan for
Gold's Gym as shown in Exhibit A of this staff report and not require further design approval of the
Gold's Gym site at stafflevel.
Staff recommends that the Mayor and City Council direct the Legal Department to draft an amendment to
Item 6B-3c.3 of the subject development agreement (Instrument No. 104107404) as follows:
"Any I5truettt1'eS aver 5(},(}()() square feet shlJil require .Design Review apPHJ1'll1 in tlUaHanee with
the standards listed in UDC 11 3.1 19C a eaHtiiti8ual ttse permit far site plan l'el'iew anly anti nat
far permitted uses, whieh aFe listed sepal'tltely untlel' the 1IfJJ11ieatia1'l. "
"All future structures on Lot 10 of Smitchl!er Subdivision. exc/udinl! the Gold's Gvm buildinl!.
shall obtain Desil!n Review aooroval and comolv with the standards listed in UDC 11-3A-19C as
follows:
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17,2007
1. Architectural Character:
a. Facades: Facades visible from a oublic street shall incoroorate modulations in the
facade. roof line recesses and oroiections alonJ! a minimum of twentv oercent (20%) of
the lenl!th of the facade.
b. Primarv oubUc entrance(s): The orimarv buildinl! entrance(s) shall be clearlv defined bv
the architectural desil!n of the buildinl!. Windows. awninl!s. or arcades shall total a
minimum ofthirtv oercent (30%) of the facade lenl!th facinl! a oublic street.
c. Roof lines: Roof desil!n shall demonstrate two or more of the followinl!: a) overhanl!inl!
eaves. b) slooed roofs: c) two (2) or more roof olanes: d) varvinl! paraoet heil!hts: and e)
cornices.
d. Pattern variations: At least two (2) chanl!es in one (1) or a combination of the followinl!
shall be incorporated into the building design: color. texture and/ materials.
e. Mechanical eQuioment: All ground-level and rooftoo mechanical equipment shall be
screened to the height of the unit as viewed from the orooertv line.
2. Color and materials: Exterior building walls shall demonstrate the aooearance of hil!h-
Qualitv materials of stone. brick. wood or other native materials. Acceptable materials
include tinted or textured masonrv block. textured architectural coated concrete oanels.
tinted or textured masonrv block. or stucco or stucco-like svnthetic materials. Smooth-faced
concrete block. tilt-uo concrete oanels. or prefabricated steel oanels are prohibited exceot as
accent materials.
3. Parking Lots: No more than seventv oercent (70%) of the off-street oarkinl! area for the
structure shall be located between the front facade of the structure and abutting streets.
unless the principal building(s) and/or oarkinl! is/are screened from view bv other structures.
landscaping and/or berms.
4. Pedestrian walkwavs:
a. Walkwavs at least eil!ht feet (8') in width. shall be orovided for anv aisle length that is
greater than one-hundred fiftv (150) parkinl! spaces or two hundred feet (200') awav
from the main buildinl! entrance.
b. The walkwavs shall have weather orotection (including but not limited to an awninl! or
arcade) within twen", feet (20') of all customer entrances."
8. EXHIBITS
A. Drawings
1. Vicinity Map
2. Map Showing Proposed Layout of Lot 10 (Short Plat not yet recorded)
3. Proposed Site Plan
4. Proposed Building Elevations with Construction Materials
5. Proposed Building Elevations
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17,2007
8. Exhibits
1. Vicinity Map
Exhibit A
Page 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17,2007
2. Map Showing Proposed Layout of Lot 10
(Short Plat was approved by the City on 3/23/07 but is not yet recorded)
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CITY OF MERIDIAN PLANNING AND ZONING DEP ARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17, 2007
4. Proposed Building Elevations with Construction Materials
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Page 5
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF APRIL 17, 2007
5. Proposed Building Elevations
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