HomeMy WebLinkAboutStaff Comments
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007
July 3, 2007
(Continued from June 19, 2007)
Mayor & City Council
Sonya Watters, Associate City Planner
(208) 884-5533
Gateway Marketplace
· V AR-07-010
Variance request to UDC Table 11-2B-3 and UDC 11-3B-7C2 to allow a 15-
foot wide portion of "surplus" ITD right-of-way along N. Eagle Road to
count toward the required 35-foot wide street landscape buffer
. MI-07-008
STAFF REPORT
HEARING DATE:
TO:
FROM:
SUBJECT:
Development Agreement (DA) Modification to remove the requirement for
all future uses on the land annexed as the Kissler and Kissler/Dealy
properties to obtain Conditional Use Permit approval and update the DA to
reflect changes that were approved with the preliminary plat for Gateway
Marketplace
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Landmark Development Group, is requesting a Variance (V AR) from UDC Table 11-
2B-3 and UDC 11-3B-7C2 which requires: 1) 35-foot wide landscape buffers along entryway
corridors; and, 2) the landscape buffer along streets to be located at the subdivision boundary within a
common lot or a permanent easement.
If approved, the variance would allow the Applicant to count a portion of the adjacent Idaho
Transportation Department (ITD) right-of-way toward the required street landscape buffer along N.
Eagle Road, an entryway corridor. The Applicant is proposing to reduce the width of the landscape
buffer on the subject property to 20 feet and use 15+ feet of ITD right-of-way along Eagle Road
toward the remainder of the required buffer width. The Applicant states, and the landscape plan
shows (see Exhibit A-2), that there is between 15 feet and 26 feet of surplus right-of-way that is not in
ITD's long term plans for expansion of Eagle Road. The applicant is proposing to landscape all of the
right-of-way. The Applicant's justification for the requested variance is listed in Section 4.h of this
Staff Report.
The Applicant has also submitted a Miscellaneous Application (MI) requesting a modification to the
recorded Development Agreement (DA) for the Kissler property, Instrument No. 104107406,
approved with the Kissler Annexation (AZ-03-0I8). This DA modification also proposes to include
the 5+/- acre parcel to the east annexed as the Kissler/Dealy property (AZ-03-022, DA Instrument
No. 104093292) into the existing above-referenced DA. The Applicant is proposing to amend the
DA's to remove the requirement for all future uses on the Kissler and Kissler/Dealy properties to
obtain Conditional Use Permit (CUP) approval. Additionally, the Applicant is requesting to update
the DA to reflect the changes that were approved with the preliminary plat regarding access to Eagle
Road and the location of a frontage road, which are currently contradictory to the DA provisions.
When these properties were annexed, a specific development plan was not proposed, only a
conceptual plan. Because of this, a CUP was required through the DA for detailed review and
approval of all future uses on these sites. Since that time, a preliminary plat (PP-06-002) has been
Gateway Marketplace V AR-07-010 & MI-07-008
Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
approved that included both the Kissler and the Kissler/Dealy properties that outlined building
locations, access points to Eagle Road, utilities, landscaping, etc. The applicant feels that because of
this plat, a CUP should no longer be required. Because of the Gateway Marketplace Preliminary Plat
Conditions, there are conditions in the DA that that are now outdated due to the subsequent
approvals/requirements.
The property is located at the southeast comer of N. Eagle Road and E. Ustick Road in Section 4,
Township 3 North, Range I East, B.M.
2. SUMMARY RECOMMENDATION
The City Council has final decision authority on V AR and MI applications. Staff is recommending
approval of the subject Variance application (V AR-07-010) and Miscellaneous application (MI-
07-008) for the reasons listed herein. Staff finds that the V AR application meets all of the findings
required in the UDC in order for the City Council to grant a variance. (See Analysis, Section 8, of this
report, for more details.)
3. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Numbers V AR-
07-010 and MI-07-008, as presented in Staff Report for the hearing date of July 3, 2007, and direct
Planning Staff to prepare [mdings for approval based on tonight's hearing, with the following
changes: (insert any changes here) I further move to direct Legal Department Staff to prepare an
amendment to the recorded Development Agreements for this site that reflects the subject changes to
the Development Agreements.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Numbers V AR-07-
010 and MI-07-008, and direct Legal Staff to prepare the appropriate [mdings document for denial.
(You should state why you are denying the request.)
Continuance
I move to continue File Numbers V AR-07-01O and MI-07-008, to the hearing date of (insert
continued hearing date here) for the following reason(s): (you should state specific reason(s) for
continuance)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
3205 E. Ustick Road & 3445 E. Ustick Road
Generally located on the southeast comer ofE. Ustick Road and N. Eagle Road
Northwest ?:I of Section 4, Township 3 North, Range 1 East
b. Owner:
James A. Kissler & Prime A Investments, LLC
1125 W. Amity Road
Boise, ill 83705
c. Applicant:
Landmark Development Group
2462 Sunshine Drive
Boise, ill 83712
Gateway Marketplace V AR-07-010 & MI-07-008
Page 2
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
d. Representative: Tamara Thompson, Landmark Development Group
e. Present Zoning: C-G (General Retail and Service Commercial)
f. Present Comprehensive Plan Designation: Mixed Use ~ Regional
g. Description of Applicant's Request:
The Applicant is requesting a variance from UDC Table ll-2B-3 and UDC ll-3B-7C2 which
requires: 1) 35-foot wide landscape buffers along entryway corridors; and 2) for the entire buffer
to be on a common lot or within a permanent easement at the subdivision boundary. If approved,
the variance would allow the Applicant to count some of the adjacent ITD right~of-way towards
the landscape street buffer width. The Applicant is proposing to reduce the area of the landscape
buffer on their property to 20 feet; the remaining 15 feet to be landscaped within the right-of-way.
The Applicant is also requesting approval to amend the recorded Development Agreement for the
subject property to remove the requirement for all future uses on the Gateway Marketplace site to
obtain Conditional Use Permit approval.
h. Applicant's Statement/Justification:
In laying out the details of the off-site widening on Eagle Road, it has been determined that the
Idaho Transportation Department (lTD) has up to 26 feet of surplus right-of-way. ITD states that
their long-term plans do not call for utilizing the surplus right-of-way (ROW). We request a
variance to landscape the surplus ROW, to decrease the on-site landscape setback from 35 feet to
20 feet, to clean up the gravel and weeds within the ITD ROWand enhance the roadway and
entrance to the shopping center. This same variance request was approved for the Centre Pointe
Subdivision in 2006. (Please see the Applicant's submittal letter for more information.)
5. PROCESS FACTS
a. The subject application will, in fact, constitute a variance as determined by City Ordinance. By
reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table ll-5A-
1), a public hearing is required before the City Council on this matter.
b. Miscellaneous applications are not currently addressed in Title 11 of the Unified Development
Code. It has been determined by the City's Legal Department that a miscellaneous application to
amend a recorded development agreement will, in fact, require a public hearing before the City
Council.
c. Newspaper notifications published on: May 28,2007 and June 11,2007
d. Radius notices mailed to properties within 300 feet on: May 25,2007
e. Applicant posted notice on site by: June 14,2007
6. LAND USE
a. Existing Land Use(s): Unimproved
b. Description of Character of Surrounding Area: There are Kohl's Department Store, Lowe's
Home Improvement Store, several single-family homes, planned retail stores, and other planned
commercial and office uses in the area.
c. Adjacent Land Use and Zoning:
1. North: Commercial (Lowe's), zoned C-G
2. West: Commercial (unimproved), zoned C~G
3. South: Commercial (unimproved), zoned C-G
Gateway Marketplace V AR-07-0l 0 & MI-07-008
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF illL Y 3, 2007
4. East: Commercial (l.U1improved), zoned C-G
d. History of Previous Actions:
~ On April 6, 2004, a large portion of the subject property was granted Annexation and
Zoning (AZ-03-018) approval with a C-G (General Retail and Service Commercial) zone.
A Development Agreement was also approved with the annexation (Instrument No.
104107406). There are multiple parcels, on both the east and west side of Eagle Road that
are associated with AZ-03-0 18.
~ On July 13, 2004, the 5+/- acre Kissler/Dealy property directly east of the Kissler
property on the southeast comer of Ustick Road and Eagle Road was granted Annexion
and Zoning (AZ-03-022) approval with a C-G zone. A Development Agreement was also
approved with the annexation (Instrument No. 104093292).
~ On July 18, 2006, a Preliminary Plat (PP-06-002) was approved for 23 commercial
building lots on 22.85 acres for Gateway Marketplace.
~ On July 18,2006 a Variance (V AR-06-002) was also approved for two access points to
Eagle Road/SH 55.
~ A Final Plat (FP-07-019) is currently in process for the first phase of Gateway
Marketplace.
~ A Final Plat (FP-07-020) is currently in process for the second phase of Gateway
Marketplace.
CentrePointe Subdivision No.1 and CentrePointe North were granted approval, in June of
2006 and March of 2007, respectively, for cOl.U1ting adjacent ITD right-of-way for Eagle
Road towards the required landscape street buffer width. The landscape buffer was approved
at 20 feet, with 15 feet constructed within said right~of-way.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Extension of mains in Ustick Road / Sadie Creek
Location of water: Extension of mains in U stick Road / Sadie Creek
Issues or concerns: Water main connection in Eagle Road is required.
2. Vegetation: Vacant land with a few trees (contact the City Arborist, Elroy Huff at
888-3579, to determine ifthese trees need to be mitigated for)
3. Floodplain: NA
4. Canals / Ditches / Irrigation: There is one irrigation/drainage ditch that bisects the
subdivision and one that runs along the south boundary of the subdivision.
5. Hazards: Staff does not know of any hazards that exist on this property.
6. Size of Property: 22.85 acres
f. Landscaping:
Per the Future Land Use Map, Eagle Road is designated as an "Entryway Corridor" adjacent
to this site. As such, the UDC (Table ll-2B-3) requires a 35-foot wide street buffer adjacent
to both roadways. The landscape plan proposes a 20-foot wide buffer along Eagle Road. The
UDC requires landscape buffers along streets to be placed in either a separate common lot or
landscape easement. The Applicant has submitted the subject variance to allow a 20~foot
Gateway Marketplace V AR-07-0l0 & MI-07-008
Page 4
CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
wide landscape buffer on their property along Eagle Road with the remaining 15+ feet of
buffer is to be located and landscaped within ITD's right-of-way.
7. AGENCY COMMENTS MEETING
No comments were provided for the Variance application. Please see the public record for the
Variance file for any written comments that may have been submitted by other agencies.
8. ANALYSIS
a. Analysis Leading to Staff Recommendation:
Staff has provided analysis below regarding the proposed applications.
VAR Application: The Applicant is requesting a variance to UDC Table 11-2B-3 and UDC 11-
3B-7C2 to allow a 15-foot wide portion of ITD right-of-way (ROW) along N. Eagle Road to
count toward the required 35-foot wide street landscape buffer. The Applicant states in their
narrative that ITD's long-term plans do not call for utilizing this right-of-way. The ITD's right-
of-way varies from 16 feet to 26 feet; the applicant is proposing to landscape all of the unused
right-of-way along with the 20-foot wide buffer proposed on the site.
Staff has discussed the Applicant's request with Kevin Sablan & Wade Christianson at ITD and
they have stated that the right-of-way along Eagle Road is not "surplus" nor is it anticipated to be
designated as such in the future. They cannot guarantee that Eagle Road will not be widened in
the future; however, at this time there are no funded plans to do so. A right-of-way encroachment
permit is required for landscaping within the right-of-way.
The UDC (1l-3H-4C3) requires a lO~foot wide multi-use pathway along Eagle Road. The
Applicant's plan depicts a 5-foot pathway within the 20-foot wide landscape buffer.
However, the Applicant must construct a to-foot pathway on-site. This will reduce the
landscaped (green) area on their property to 10 feet.
The landscape buffer along the CentrePointe development, located on the northwest comer of
Eagle Road and Ustick Road, was previously allowed to be reduced to 20 feet, similar to that
being requested in the subject application, with landscaping within the unused portion of ROW.
Additionally, two similar variance requests are currently in process for Bienville Square and
Sadie Creek, directly to the west of the subject property. Smitchger Subdivision to the north
provided the full 35-foot wide buffer as required by the UDC and landscaped the unused portion
of ROW (approximately an additional 15 feet).
Staff believes that the intention of the buffer requirement will be served and will be comparable
to adjacent buffers on the other three comers of the Eagle/Ustick intersection if the applicant
landscapes the unused portion ofITD ROW, in addition to providing a 20-foot wide buffer on the
site as proposed. Further, the width ofthe landscape buffer provided will actually exceed that
normally required if the right-of-way is allowed to be counted toward the required buffer (ROW
varies from 16' to 26'). Staff supports the Applicant's request for the afore-mentioned reasons
with the provisions stated below in Staffs recommendation (Section 9).
MI Application: The Applicant is requesting to modify the existing DA (Instrument No.
104107406) for the Kissler property, Instrument No. 104107406, approved with the Kissler
annexation (AZ-03-018). ). This DA modification also proposes to include the 5+/- acre property
to the east annexed as the KisslerlDealy property (AZ-03-022, DA Instrument No. 104093292)
into the existing above-referenced DA for the Kissler annexation. The Applicant is proposing to
amend the DA to remove the requirement for all future uses on the Kissler and KisslerlDealy
properties to obtain Conditional Use Permit (CUP) approval. Additionally, the Applicant is
requesting to update the DAs to reflect the changes that were approved with the Gateway
Gateway Marketplace V AR-07-01O & MI-07-008
Page 5
CiTY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
Marketplace preliminary plat regarding access to Eagle Road and the location of a frontage road,
which are currently contradictory to the recorded DAs. (See Applicant's narrative for more detail
on the proposed DA modifications.)
When these properties were annexed, a specific development plan was not proposed, only a
conceptual plan with commercial, office, high density commercial, multi-family residential,
residential, and transitional uses shown. Because the plan approved with the annexations were
very conceptual, a CUP was required through the DA for detailed review and approval of all
future uses on the sites. Since that time, a preliminary plat (PP-06-002) for Gateway Marketplace
that included both properties was approved that depicted building locations, access points to
Eagle Road, utilities, landscaping, etc. The applicant feels that because a detailed plan was
reviewed by Staff and approved with the plat, a CUP should no longer be required.
Because a detailed site plan was approved with the preliminary plat for Gateway Marketplace,
staff agrees that further site plan review through the CUP application process is not necessary.
Further, the applicant must comply with all conditions of approval of previous applications
approved for this site, including the requirement for all future structures on the site to comply
with the design standards listed in UDC 11-3A-19. The Applicant is required to submit a design
review application along with a Certificate of Zoning Compliance (CZC) application for the
buildings on this site prior to issuance of building permits. Staff is generally supportive of the DA
modifications requested by the applicant, as they update the DA to reflect the subsequent
approvals on this site, with the changes made by Staff shown in Exhibit A.4.
Note: Please see the Applicant's narrative for the requested modifications to the DA. Staff
has made some changes to the Applicant's request, which are noted in Exhibit A.4. The
Applicant has requested that Section 6.A.4 through 6.E.l be eliminated; however Staff does
not believe that eliminating the Comprehensive Plan policies noted on pages 5-6 is necessary
as they are not conditions, only policies. Further, Staff is not comfortable wholly removing
the original requirements of ACIID, the Meridian Fire Department, and the Idaho
Transportation Department without their approval. Please see Staff's recommended
changes to the DA listed in Exhibit A.4 ofthis report.
9. RECOMMENDATION
Staff is recommending approval of the Applicant's request for a Development Agreement
modification as shown in Exhibit A.4. Additionally, Staff believes that the Applicant's request
meets the required findings for granting a variance (see Exhibit B), and is recommending
approval of the variance with the following provisions:
a. Applicant shall meet all terms and conditions of approval of the annexations (AZ-03-018 &
AZ-03-022), development agreement (fust. No.'s 104107406 & 104093292), preliminary plat
(PP-06-002), and variance (V AR-06-002) previously approved for this site.
b. The Applicant shall provide a 20-foot wide landscape buffer along the Eagle Road frontage
on the subject property. Said buffer shall be depicted on the face of the plat within a
permanent easement or a common lot, in accordance with UDC 11 ~3B. 7C2b.
c. The Applicant shall obtain approval from the ITD (right-of-way encroaclunent permit) to
landscape the surplus right-of-way for Eagle Road adjacent to this site as shown in Exhibit A-
2 (surplus right-of-way shall mean all area behind the curb).
d. Landscape materials shall be generally installed as shown on the Landscape Plan (Exhibit A~
2) and shall be in compliance with the requirements of the UDC. All trees shall be planted
within the subdivision's required 20-foot wide buffer as depicted on the landscape plan and
not within the right-of-way.
Gateway Marketplace V AR-07-01O & MI-07-008
Page 6
CiTY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
e. The applicant shall be responsible for constructing a 10-foot wide multi-use pathway within a
public use easement and installing streetlights and landscaping consistent with the Eagle
Road corridor study. Said pathway shall be constructed within the boundary of the subject
property along N. Eagle Road and not within ITD's right-of-way, in accordance with UDe
11-3H-4C3.
f. All structures within Gateway Marketplace Subdivision shall submit a design review
application and comply with the design standards listed in ODC 11-3A-19C at the time of
Certificate of Zoning Compliance application, per condition of approval of PP-06-002.
10. EXHmITS
A. Maps/Other
1. Vicinity Map
2. Landscape Plan
3. Legal Description
4. Development Agreement Modifications
B. Required Findings from Unified Development Code (Variance)
Gateway Marketplace V AR -07-0 I 0 & MI -07 -008
Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
Exhibit A-I - Zoning/Vicinity Map
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
Exhibit A-2 - Landscape Plan
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
Exhibit A.3 - Legal Description [replaces the "Kissler Property" legal description in Exhibit A (page 21)]
"KISSLER AND KISSLERlDEAL Y PROPERTIES" aka GATEWAY MARKETPLACE
claiborn ... waite consultin9~
engineers" surveyors
120 N. CurdllW.
BoiBo. Jddlo 83706
(208) 376-15."
Fu (208) 429-9862
P.N.2279
Oetobet 20. 200S
USTICK PROPERTY
BOVNDARY DESCRIPTION
A pItCeI of land lyiDg in the Nortbwut 114 of Scution 4, T.3N.,R.IE., 8.M, Ada
Couoty, ldIbo. .... boiq PION padioWarIy described. fbIIows:
COIDIDOJIdDa at the Northwest ~ of laid Seotion 4, tbeDce S 89 49'or E aJons the
Nri bauadary otHid s.u. .. end the eent<<linc ofUI1ick 1Wad for. distaace of
VT.62' _
thIIICe leI\'iDg lII1d Nonh boundary 8Dd cea1edine S or so'sr w for. diltlnCeol77.96
teet to . point OIl the SOIM:h ~y line ofUIIidc Roed. beins the REAL POINT
OJ'BIGJIlOONGj
thenoe aJems llIid South risbt~of..way Ii. fbr the followiDa 13 counel:
N 44' 02'14" E for 8 dillalee of 41.06 feet;
tIIence S IW 49'08" E tbr a dil&ance of 262. 8 I _
theacle S 4% Sr21" Etoradittanceof4U8 feet;
IhcnGlN 87 11'10" Bfbr.dillaDooof29.03_
theace N 4Z 43',5" B tbr. di8tmu>> or 4O.S? feet;
thence N 89' 13 '34" B for a diJtancc of 179.28 feet (formerly delCribed 18 179.10 feet);
theaoe S 00' 35'55" E fbr. cUlIaDOe of 15.25 feet;
tbence S 89' 49'08" Ii tbr a dlataace of 10.00 feet;
.... N 00 3S'SS" E fbr a dilltallCe of 15.41 feet;
tbeRceN 8V 13'34"~. for. diJIanCle of81.01 feet;
C:~(2279~1~
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
thence S 41 19'18" E for a distancle of 41.37 feet;
theace N 89' 48'02" E fbr . clilltlDCe of 39.00 feet;
thence N 43" 12'19" E tor a diJtanoo of25. 70 foet (tormerly deM:ribcclu2S.84 feet);
theuQe..... aid South rigbt-ot..way aiDe S ()(J 3S'00" W tbr. disaanoe of 1241.57 feet
to the South boundary at Govemmeat Lot 4 of said Section 4;
tbenceN 89' 51'00" W aIoos said SouIh bouodary fOr a ~ of61.3S feet;
thence.l-viIIs said South boundery S 00 36'13" W for a diltaDCe of93.77 feet;
thence N 89" S 1'00" W h . distance of700.02 feet to a poJnt on the Eat risbt.4-way
liae oCEaa1e Road;
tbeuce N au 36"13" E aIans.at East risJlt-of.way liDe fttr a distuIce of 114.17 feet;
theDce N or SO'52" B contiruiDg along said right-of-way line for. distanee ofll93.33
feet KJ the POINT OF BEGINNING;
containa.22.85 acres or land. more or less.
IWpared by: Todd II Waite P.L.S.
c:\Prqjectl\lJsl (~,.p""-o.dao- 2 .
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
Exhibit A-4 - Development Agreement Modifications
Section 4.1: (page 4)
". . . Residential uses, and Transitional Uses, and all uses shall be required to go through the
Conditional Use Permit process for approval except for the Kissler and Kissler/Dealy properties.
which shall obtain desilW review approval at staff level prior to or concurrent with the Certificate
of Zoning Compliance application, prior to submitting for building permits for each building
proposed on these properties."
Section 5: (page 4)
"Owners" have submitted to "City" an application for conditional use permit, and shall be
required to obtain the "City's" approval thereof, in accordance to the City's Zoning &
Development Ordinance criteria, therein, provided, prior to, and as a condition of, the
commencement of construction of any buildings or improvements on the "Property' that require a
conditional use permit; all future uses listed in UDC Table 11-2B-2 for the C-G zone that are
"conditional" uses shall obtain conditional use permit (CUP) approval prior to commencement of
the use.
Section 6.A. (page 4)
"Owners" shall develop the "Property" in accordance with the following special conditions:
(Note: The following conditions pertain to annexation of the subiect property (AZ-03-018) in
2003. Please see site svecific conditions relatinz to Gatewav Marketplace for more current
conditions of approval.)
Section 6.A.3: (page 5)
"Exceot for the properties located on the southeast comer of Eagle Road and U stick Road.
annexed as the Kissler and KisslerlDealv properties (aka Gateway Marketplace), which shall
complv with the Findings of Fact and Conclusions of Law and Decision and Order for PP-06-002
and V AR-06-002 (see attached staff report for all required conditions of approval and Findings of
Facts and Conclusions of Law and Decision and Order), lit shall be required that all future uses
within the boundaries of this annexation only be approved through the Conditional Use Permit
process, and either a public or private backage street parallel with Eagle RoadlSH 55 be
incorporated into the design of future site plans. A conceptual master plan demonstrating
intercoIUlectivity, transitional uses, access points and other key land planning issues is required
prior to any CUP applications being submitted for any ofthe three (3) parcels on the west side of
Eagle RoadlSH 55. Any residential uses required by the City Council shall also be addressed as
part ofthe DA."
Section 6.D (page 9)
"Adopt the Recommendations of the State of Idaho Transportation Department as follows: r see
V AR-06-002 (Gateway Marketplace), and V AR-05-023 (Bienville Square)l"
Section 6.E.1 (page 10)
"All uses must be approved through the Conditional Use Permit process as shown on the Concept
Plan, dated: DEC. 222003, NO. 1529, as presented at the February 24,2004 City Council
meeting, and which Concept Plan is hereby approved and attached hereto as Exhibit "C", except.
all future uses prolJosed on the Kissler and Kissler/Dealy aIUlexation sites (aka Gateway
Marketplace). located on the southeast comer of Eagle Road and Ustick Road. listed in UDC
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF IDLY 3, 2007
Table 11-2B-2 for the C-G zone that are "conditional" uses shall obtain conditional use permit
(CUP) approval prior to commencement ofthe use: uses listed as "permitted" shall not require
CUP approval. All future buildilllzs on the Kissler and KisslerlDealy sites shall be required to
obtain administrative design review approval prior to commencement of construction."
Section 15 (pages 12-13)
The "Owner" agrees that no Certificates of Occupancy will be issued until all improvements that
are related to public life, safety, and health (including; but not limited to: water, sewer, and power
facilities: parking; lot paving and striping;; and street paving;) are completed unless the "City" and
"OWfiers" bave efttered iftte aft addetKh:lm agreemeat stating wbeR tbe improvements y:ill be
eoml"leted ift a phased developed; aHd ift aay event, fie Certifieates of Oeel:lpaaey shall be issued
ift aflY phase in whieh the iml"rovemoots htl-ve Rot beeR installed, eompleted, and aceepted by the
~. Where approved by the City Emzineer, an owner may post surety for improvements that
are not related to public life, safety, and health, including; but not limited to landscaping;, fencing;,
pressurized irrig;ation systems, and site amenities, in order to obtain City Engineer signature on
the final plat and/or obtain a temoorary Certificate of Occupancy; no permanent Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
Exhibit B, Findings of Fact and Conclusions of Law/Conditions of Approval (page 24)
Include the Findings of Fact and Conclusions of Law/Conditions of Approvalfor PP-06-002 and VAR-
06-002 in Exhibit B as follows:
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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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-06.002
For the City Council Hearing Date of: July 18, 2006
A. Findings of Fact
L Hearing Facts (see attached Staff Report for the hearing date of July 18, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of July 18, 2006
incorporated by reference)
3. Application and Property Foots (see llttachcd Staff Report for the hearing date of luly18,
2006 incorpol'ated by l'eference)
4. Required Findings per the Unified Development Code (see attached StaffReporl tor the
hearing date of July 18, 2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the .'Loeal 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 ofthe 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 S
II-SA.
4, Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CIIT OF MERlDIAN FINDINGS OF fACT, CONCLGSIONS Of LAW AND DECISION & ORDER
CASE NO(S). pp.!lI...oo,. PAGE I of4
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granloo an onIer of approval in alXonIam;t: 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 PlanninS Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of July 18,
2006 incorporated by reference. The conditions are 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 ~ 1I-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
stamped Revised March 10, 2006 is hereby conditionally approved;
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of July 18, 2006 incorporated by reference; and,
3. Allvs Wav shall serve as frontal!eroad. with aoolicant oarticioatinl!: in the
construction costs as required bv ACHD.
4. Access to Eagle Road shan be as aooroved bv V AR.06-002.
D. Notice of Applicable Time Limits
Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void ifthe applicant fails to record a final plat
within two (2) years orlhe approval of the preliminary plat or one (I) year of the
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and COllfonns substantially to the approved preliminary plat. such segments, if
submitted within successive intervals of cighteen (18) months, may be considered for
fmal 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 II-6B~
7.A, the Director may authorize a single extension of time to record the final plat not to
exceed eighteen (18) months. Additional time extensions np to eighteen (18) months as
CITY Of MERIDIAN FLNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &. ORDER
rA~F NO(~) 1'1'-06-002- PAGF 1 of4
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
detcnnined 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 II. If the above timetable is not met and the applicant does not receive a time
exten:;iun, the property shall be required to go through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the;: Ow",,:r 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 requcst
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action ofthe governing body of the City of
Mcridiem, pursuant to Idaho Code ~ 67-6521 ii11 affectt:u person being a pcrson 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, Titlc 67, Idaho
Code.
F. Attached: Staff Report for the hearing datc of July 18, 2006
elTY OF MERlDIAN FINDINGS OF FACT, CONCLUSIOl'\S OF LAW AND DECISION & OlWER
CASE NO(S). PP-06-002- PAGE 3 of4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
By action ofthe City Council at its regular meeting held on the It) f'!; _ day of
JAl?,2006,
COUNCIL MEMBER SHAUN WARDLE
VOTED_~
COUNCIL MEMBER JOE BORTON
VOTED Iib~
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED -
Attest:
~;,.. 1<., City
Attorney.
By: '- --\lA~ ~ T\ 0 0 LJ
City Clerk
Dated: -, ~LO-OG_
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP.06.002- PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANr</NQ DEPARTMENT STAff KHURT t'UI< IHh H~ARINU UAI" 01' 7'1~/~UU6
TO:
FROM:
Meridian Cily Council
Planning Comntission
Staff: Joe Guenther, Associate City Planner
Anna Cannin!!. Director
Meridian Planning Department
208-884-5533
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STAFF REPORT
Hearing Date: ApFillS, 2Ql)ll
Revised for July 18. 2006 hearing
SUBJECT: Gateway Marketplace
PP-06-002 - Preliminary plat 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 appro va] of a Preliminary Plat for 18
comrnerciallots to construct up 10 250,000 square feet ofretail and restaurant uses on approximately
22.85 acres within the Gateway Marketplace development at the Southeast comer of Ustick Road and
Eagle Road/SH-55 with a Variance to Chapter 3 Article II ofVnC for accts. to Eagle Rllltd. TIll. is tbe
second application and would be the third conunercial project constructed within the Kissler annexation
project AZ-03---018 where Sadie Creek Promenade and Bienville Square SubdivisiollS are also illcluded
with the subject annexation. The 22.85-acre site was approved for annexation with a Development
Agreement (DAl in April 2004 under the name Kissler Annexation (see File No. AZ-03-0l8)" The DA
(instrumenT No. ]04107406) requires thaI any [ulur", use be consistent with the approved plans for the
annexation. A concept plan for the overall site was submitted with the preliminary plat application
showing building layouts. public access. cross access and drive aisles.
2. SUMMARY RECOMMENDATION
History: The Planning Commission heard the item for the firsllimt: all February 16, 2006. On Fcbmary
16,2006 the Planning Commission detailed their concerns on landscaping, interconnectivity. building
layout and parking lot configuration. The main point of discussion was on the potential future public road
which would provide cOMection from the site to the cast and COMcct with Allys Way and the access
points to Eagle Road. The commission made a recommendation to see a redesign citing staffs concerns
and included a public road connection to Eagle Road at the southern propeny boundary. The commission
made a second motion to direct staff to work with lTD and ACHD and forward to the City Council a
recommendation to have a signalized intersection with a puhlic street connection at the V. mile point south
of the Eagle/Ustick intersection to facilitate an intersection bypass. On March 16, 2006 the Commission
recommended approval of the Gateway Marketplace Preliminary Plat redesigned March 10, 2006.
The variance request proposes two new approaches to N. Eagle Road/State Highway 55, one for right-
in/right-out access driveway and one planned for a full access point. The Idaho Transportation
Department (ITD) has not approved llUY approach pennits on this site and has made conunent that. this
site does not qualify for access by standard district policy. The lID access executive committee met on
March 22, 2006. At the meeting ITD determined that the applicant shall comply with the considerations
outlined in the letter dated March 24, 2006. The Development Agreement for the 22.85 acres does
require a frontage type of road. Stafffeels 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 propenies (Una Mas and ACHD annexations). The design will provide a public street
acccss to Vstick Road with the three points of cross access to the east, and potential futUle public street
south of the site to access the future Allys Way.
Oalcway MaTkelpla.. Subdivision
pp.O(j-002
pa~' 1
CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNIN(i DEPARTMENT STAff REPORT FOR THE lH,AKINU lJAJ'1o Ul .1'lM:2UU6
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). AClID would not approve a public road
connection to Eagle Road and would only consider a public road cOWlection 10 1. mile east of Eagle Road
at the south property line. If the City Council denies the approaches, Staff feels the design of the plat
would adequately provide interconnectivity by allowing two poinl~ of conneclion to Ustick Ruad, three
points of connection the future collector road west of the site, and cross access to the south where the
future signal~ed intersection with River Valley Drive will connect to Eagle Road.
Staffis recommending approval of tile subject application (PP-06-002) with the conditions contained in
Exhibt C of this report. Staff is also reconunending denial of the access variance (V AR-06-002) as
outlined in the Variance staff report also to be heard on April 18, 2006.
Thc Meridian Planning and Zoning Commission heard the item on March 16, 2006. At the. March 16,
2006 public hearing they moved to rcconunend approval.
a. Summary of PubUc Hearin.::
i. In favor: Tamara ThOmpSOll (applicant's representative)
ii. In opposition: None.
iii. COlwne.lltillg: Naill;:.
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 R.oad with the first
phase ohhe development.
c. Key Commissioll Changes to Staff Recommendation:
i. Including a full access to Eagle Road at \4 mile south of Us tick R.oad.
ii. Supporting a public road connection at 1. mile south of Us lick Road.
d, Oubtllnding Issue(s) for City Council:
i. ~8g1e flaM AaBess f!8tMO
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 slaff report for the h",aring date of April 18, 2006, and th", preliminary pial
labeled PP-I, 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 dellY Fil" Number PP-06-
002 as presented in the staff report for the hearing date of April 18. 2006, for the following
reasons: (you should state specific reasons for denial of the annexation or plat and you nlust state
specific reason(s) tor denial of the conditional use permit.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number PP-
06-002 to the hearing date of (insert continued hearing date here) for the following reason(s):
(you should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
SE comer of Ustick Road and Eagle RoadlSH55
Township 3N, Range II:::, Section 4
Gateway Marketplace Subdivision
PP-06-002
pagc 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF HJLY 3, 2007
CITY OF MERIDIAN PLANNING DEPARTMENT HAFF REPORT I'OR HIE HEARING DATE OF 7(j~I'W(16
b. Owner
James Kissler
1125 W. Amity
Boise Id 83705
c. Applicant;
Landmark Development Group, LLC
Tamara Thompson
1882 Toluka Way
Boise In 83702
d. Representative: Tamara Thompson, Landmark
e. Pre~ent Zoning: General Retail and Commercial (C-O) (AZ-03-0 18)
f. Present Comprehensive Plan Designation:
Mixed Usc-Rcgional- 2002 Coolprehensivc Future Land Usc Map
g. Description of Applicant's Request
1. See Exhibit A (prepared by Landmark Development Group LLC) for a copy of the
detailed site plan which depicts the lot layout, building, parking and acce~~ locations.
Exhibit B shows the propo~ed land~capc plan.
h. Applicant's Statement/Justification: The application note~ that the mixed use regional
designation provides for the overall site to be developed with a mixturc of Rctail/Restaurant
/Drive thru and other Commercial and office uses oriented around automobile traffic. The
applicant notes that the site is an ideal location for a retail complex and will provide the
additional landscaping along drive aisles, thc design review for structures along the gateway
corridor.
5. PROCESS FACTS
a. The subject applicatiuns will in fact constitute preliminary plats as determined by City
Ordinance. By reason of the provisions of the Unified Development Code Title II
Chapter 6, a public hearing is required before the City Council on this matter.
b. Newspaper notifications for initial hearing published on: Council- March 27 and April
10, 2006
c. Radius notices for initial hearinl! mailed to properties within 300 feet on: Council-
March 24, 2006
d. Applicant posted notice on site for initial hearinll by: April 7, 2006.
e. City Council ~onducted the initial heariJu:.furJhis item on AorilI8. 2006 and approved
the oroiect. Before the flndine:s were adOPted. the applicant requested reconsideratiun.
The reconsideration heariru! was initial\v scheduled for June 6. 2006 and continued to
June 27. 2006. The proiect was a2ain continued to Julv 18. 2006 in un1er tu im;uromalc4
ACHD conditions of aooroval (see Exhibit B for AClID's conditiol!&
1". Newsoaoer notifications for Council reconsideration hearinj;( published on: M.l!Y.l5 2006
and Mav 29. 2006.
e. Radius notices for Council recunsideration hearinl! mailed lU propenies within 300 feet
on: Mav II. 2006
h. Applicantllosted notice on site for Council reconsideration hearinl! bv: Mav 27. 2006.
Gateway Marketplace S~bdivision
PP.06-002
page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MElUDIAN PLANNING DI'PARTMENT STAFF REPORI fOR THE H],;ARING DAlE OF i/18'2()1J6
6. LAND USE
a_ Existing Land Use(s); Bare land, single family residence
b. Description of Character of Surrounding Area; Large lot residential, highway-oriented
services, capidly urbanizing.
c. Mjacent Land Use and Zoning
1. Nurth: Future pad sites within ScluII.ltchger Subdivision, Lowe's site zoned CoG.
2. West; Sadie Creek Promenade Subdivision, Bienville Subdivision proposals, zoned
C.G, RI, and RUT
3. South: undeveloped parcels zoned CoG with Redfeather Amlexation.
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
office uses under l-i1e AZ-03-018. Some property WaS annexed and zoned to General Retail
and Commercial (C-G) with a Development Agreement while other portions of the property
(on the west side: of Eagle Road) were not included in the lWJlexationleaviug uut parcels
which were addressed with the original conceptual plan.
e. Existing Constraints and Opportunities
1_ Public W ork~
Location of sewer: Extension of mains in Ustick Road
Location of water: Extension of mains in Ustick Road
Issues or concerns: Water main connection in Eagle Road is required.
2_ Vegetation: AgrieulturaVJrrjgllted
3. Flood plain: N/A
4. CilIlalslDitches lITigation: The Milk Lateral hisects the property
5. Hazards: None identified
6. Size of Property: 22.85 acres
7. Description of Use: Up to 250,000 square fcct of Retail, Conuucl\;ial. anI.!
RestaurilIlt uses and associated parking and lilIldscape improvements.
f. Subdivision Plat Information-
The submitted plat contains 18 lots in a CoG proposed zone with commercial uses.
Conunereial uses are shown to be II nuX of rcslaurantlretllil space. with six approximate
30,000 square foot buildings aDd 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 -
I. Width of street buffer(s): Pet the Future Land Use Map, both Ustick Road alld Eagle
Road are designated as "Entryway Corridors." As such, the tJDe (Table 11-2B-3)
requires a 35-foot wide street buffer adjacent to both roadways- The landscape plan
(Sheet Ll.l) proposes a 35-foot wide buffer along both Ustick and Eagle Roads. If the
Gateway Mllrketpl_ Subdivision
PP-06-002
page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PI~"'NNJNG DePARTMENT 3TAI'f REPORT FOR TilE H~All.IN(j DATE Of 711812006
applicant proposes to construcllhe "Entryway Corridor" buffer~ in easements they
must meet the landscaping standards required in the UOe.
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 uoe Chapter 3, Anicle B.
h. Planned Development Characteristics - N/A
1. Conditional Use Information:
I. Non-residential square footage: 250,000
2. Proposed building height: 65 teet
3. Percentage of ~itc devoted to building coverage: 25%
4. Percentage of site devoted to landscaping: Not defined
5. Percentage of site devoted to paving: Not defmed
6. Percentage of site devoted to other U~Cs: 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
I. 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 detailed CUP review,
CZC review, and/or building design review but the design appears to meet the minimum
standards of the UDC parking requirements.
n. Summary of Proposed Streets and/or Access (private, public, common drive, ete.):
The applicant is proposing two new access points to Eagle Road/SHSS to serve
the Gateway Marketplace project at approximately 700 feet and J200 feet south
of the UsticklEagle Intersection.
As noted above, lTD must issue a righHnlright.out permit and a full access permit for
this site, and the access is further contingent on the Meridian City Council graming 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 ~ mile and the collector road systems. lTD
has submitted a Jetter 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 support any access to Eagle Road in this locatioll.
In addition, the applicant is proposing two new access points to Ustick Road 3tthe
following locations:
Driveway #1 - 350 feet east of Eagle (right.inlright-out with center median)
Driveway #2 - 700 feet cast of Eagle (full access)
Ustiek Road, from Leslie Drive to Ally Street (on the east side of Eagle Road). including
the Eagle ROlld intersection, has just been widened and improved to liv<, hlIlI:~. The
intersection was widened to include duaileft turn lanes.
Gateway Marketplace Subdivision
PP-06-002
page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING DEPARTMENT STAff l<i:rORT FOll. THe HEAKINv GAl t V~. 7/lK/Z006
In addition, the recorded DA between the applicant and the City requires either a public
or private street be constructed parallel to Eagle RoadlSHSS that may connect to thc north
boundary and may also connect to Eagle Road, if allowed by lID at a point to be
determined by ACHD. ACHD has stated that the applicant shall provide cross access
somh and east to connect to the future collector roadway east of the sile and the
connection to the signalized access proposed south of the site at River Valley Drive.
This project along with the Una Mas Project east of the site will connect with Ally Street.
a proposed public street serving as a collector roadway to the entire area. The design
received March 10, 2006 lines up at three points to the cast as rl;quested. The area plan
(Una Mas Annexation) shows private, internal drivew"ys connecting to the future public
street; such driveways run mostly east/west cOlmecting the Kissler site to Ally Street and
ultimately Ustick Road.
For a detailed report on both lID's and ACHD's actions and comments, please see the
letters/reports submitted with the application.
7. AGENCY COMMENTS MEETING On December 2811> 2005, stafl" held an agency commcnts
meeting. The agencies and departments present included: Meridian Fire Departmem, Meridian
Meridian Public Works Department, and the Sanitary Services Company, Staff will included all
comments and rcconUllended actions as Conditions of ApprovlIl if the MeriwlIll PllII1Iling
Commission requests approval of the design as presented. If the Meridian Planning ColIllllission
agrees with the staff analysis that a redraw of the plat will be required of the site then staff will
provide comments at such time as a new proposal is ready for Commission review.
8. COMPREHENSIVE PI,AN POLICIES AND GOALS The subject site is designated 'Mixed
Use-Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, tlris designation
is defmed ill part as an area that is situated in highly visible or transitioning parts of the City where
innovative and flexible design opportunities arc encouraged. The MU-R has no upper limit on the square
footage of non-residential uses and is intended to allow a broad range of uses.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed development (staff analysis in italics below policy):
· Require that development projects have plarmed for the provision of all public services.
(Chapter VII, Goal ill, Objective A, Action I)
When the City established its Area of City Impact, it planned to provide City service.I' 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 Meridiall Rural Fin
District. Once annexed the lands will be umJer the juristiiction of the Meridian
City Fire Department. who current(v shares resource and p"rsonnel with the
Meridian Rural Fire Department.
. The subject lands currently lie within the jurisdiction of the Ada County Sheriff.'s
Office. Once annexed the lands will be serviced by the Meridian Police
Department (MPD).
. The roadway" adjacent 10 Ihe ..uhject land.. are currently oll'nl'd and maintaim,,]
by the Ada County Highway District (ACHD). This service will not change,
. The subject lands are currently serviced by the Meridian School District 1t2. This
service will not change.
Galeway Marketplace Subdivision
PP-06.002
page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY Of MfRIDIAN rLANNING DErARTMEN'1 srAH KHORT FOR THE HEARING DATE OF 7/18/20116
· The subject lands are currently serviced by the Meridian Libra/lI District. This
service will not change and the Meridian Library District should suffer no
revenue los.~ a.1 a resulr of the subjecr annexation.
Municipal, fee-mpPQrted, services will be provided by tht: Me/-ieliem Building Depurmlem,
the Meridian Public Works Department, the Meridian Warer Department, the Meridian
Wastewater Department. the Meridian Planning Depar1ment, Meridian Utili(v Billi/Ig
Services, and Sanitary Services Company,
· Chapter vn, Goal I, Objective B: Plan for a variety of conunercial and retail nppnrlunitie<
within the Impact Area_
Staff finds that the site is designatedfor MU-R on the Comprehemive Pllln ruture Land {JSI!
Map. Although strictly commercial uses have nol been specifically plannedfor thispmperty
on the Comprehensive Plan Future Land Use Map the Development Agreementfi-om the
u,,,,exa{iun shows this portion as commerCial and consiSlent with rhe overall site plan when
combined wirh the proposed Bienville Subdivision. and Sadie Creek Promenade Subdivision
which are all bound by the same development agreement The bulk proposal of uses would
also meet the general classifications for mixed use regional.
· Chapter VII, GOlll I, Objective D, Action 5; Locate neW cOlIlluunily conunercial areas on
arterials or collectors near residential areas in such II way as to complement with adjoining
residential areas.
Ustlck Road is classified as an arterial roadway- The applimnt is not proposing access from
the adjoining commercial areas by way of cross access. sidewalks Or shared streets ,...hiell
will provide future connection to residemial areas east of the site along Ustick Road. St'!tr
believes that the commercial areas proposed complime"t the existing and planned residential
areaS in the vicinity.
· Chapter VII, Goal IV, Objective 0: Encourage appropriate land uses along transportation
corridors.
Staff believes that the proposed land uses are appropriate along the adjoillin,r{ tramportation
corridors (Uslick Road and Eagle Road). Staff supports the proposed lIses ar 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 arterial streets.
The ACHD evaluates access points in their analysis; no direct lor aCcess is {J/iowed to /IllY uf
the artf?rlal/collector roadwals'. The proposed access points. to the arterial streers generally
comply with AClfD '.I' standards as detailed in rhe staffreporl. Please see the ACHD slaff
report contained in the file.
11'0 has indicated that they will not act on the proposed access points to Eagle Road until
such a time as the Meridian City COllncil acts on the variance requests.
The Idaho Transportation Department (ITD) has a policy for access to a Type IV Prindpal
Ar1erial will be at intersections only, and spaced alone-half mile intervals in urban areas.
ITD allows approaches (other than intersections) in sp""ial "ases and all a temporary basis.
The Eagle Road access shall be eliminatedfrom this project.
. Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and bullers
along transportation ~orridor (setback, vegetation, low walls, berms, etc.).
Gateway Marketplace Subdivision
PP-06-002
pagc 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007
CITY Of MEIlIDIAN PLANNINO DEPARTMENT STAFF REPORT FOR THE HEARINO DATE Or 7{H!200~
The applicant is proposing to ,'onstrucl appropriate buffers along all of the adjacenllll"lerial
streets. By Ordinance, a minimum 35-.1oot wide landscape buffrtr 10 Gale....'uy Corridors. 1711:1
landscape plan shows the appropriate landscape buffers.
St8ff 81sa 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 Cllpaeit). ohhis arterial
should be protected by minimizing the number and location of private driveway access
connections to this important roadway. The City should recognize, adopt, and hclp implement
the Eagle Road Access Control Study, prepared by ACHD in 1997." (Chapt"r VI, pllge 71)
"The capacity of arterial. . .roadways can be greatly diminished by excessive driveway
conncctiollil to the roadways. The City should cooperate with ACHD to mininuzc a""ess
points on arterial. . .roadways as development applications are reviewed." (Chapter VI, pllge
72)
"Develop methods, such as cross.access agreements, frontage roads, to reduce tlle number of
existing access points on to arterial streets" (Chapter VI, Goal II, Obj. A, #12, page 79).
"Identify LnmsiLionlll ;,;ones Lo buffer cOIlll/lereial and residential uses, to allow uses such as
officc:s 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 Cummercial Districts: UDe Table ll-2B-2lists retail
store/restaurant/drive thrul office/ financial institute uses as permitted uses in the CoG lOlling
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 -0 General Retail Anti 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 impaet of proposed commercial uses which are auto and service oriented and are located
in dose proximity tu major highway or arterial streets; to fulfill the need of travel-related
services as well as retail sales for the transient and permanent motoring public. All such
districts shall be connected to the municipal water and sewer systems of the city, and shall not
constitute strip commercial development and encourage clustering of commercial
development.
c. General Off-Street Parking Standards (from UDC 11-3C-5):
The following standards shall apply for off-street vehicle parking for nonresidential uses: In all
Commercial Districts the requirement shall be one (j) soace for eveN five hundred (500) Square
feet of I!IOSS tloor OlJ'ell.
d. Structures Subject to Design Standards (11-3A-19B5): All structures on property adjacent to
an entryway corridor (UsticklEagle Roads) are subject 10 the design standards listed in this
section.
G.ICway Marketplace SUbdivision
PP-06-002
page 8
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MJ;:Il-IOIAN PLANNiNG DEPARTMeNT STAFF REPORT FOR THe /teARiNG DATE OF 7/18/2006
e. Outdoor storage/refuse lIl'eas (11.3A-12): Outdoor utility meters, HV AC equipment, trash
dumpsters, trash compaction and other service functions $hall he incorpnrntcd into the overall
design of buildings and landscaping so that the visual and acoustic impacts of these functions are
fully contained and out of view from adjacent properties and public streets.
f. Development along State and Federal Highways (11-3H-4B2): If an applicant proposes a change
or increase in intensity of use, the owner shall develop or otherwise acquire access to a street other
than the state highway_ The use of tbe existing approach shall cease and the approach ,hall be
abandoned and removed.
a. No new approaches directly accessing a state highway shall be allowed.
b. P'I.Iblic street connections to the state higbway shall only be allowed at:
i. the section line road; and
ii. the half-mile mark between section line roads. These half-mile connecting streets shall be
collector roads.
Section 1I-3H-3: The applicant shall construct a street, generally paralleling the state highway,
be designed to accommodate funlTe connec-tivity and access to all properties fronting the state
highway that lie between the applicant's propeny and the nearest section line road and/or half
mile collector road. The intent is to provide Jor future Connectivity and access to all pmperties
fronting the state highway that lie between the applicant's property and the nearest section line
road and/or half-mile collccUJr road. The street shall be designed to collect and distribute traffic
(emphasis added)_
10. ANALYSIS
lOa. Analysis ofFsets Leading to Staff Recommendation
The revised PP application substantially complies with the Unified Development Code. Below
are several special considerations for the P&Z Commission to review at the puhlic hearing:
Analysis of Facts Leading to Staff Recommendation
PP Application (PP-06-002): Thi; REVISED preliminary plat can be conditioned to comply
with the Unified Development Code.
Dased on tbe policiCll and goal. \,:ulllililli;U in lht: Cumprehensive Plan and the general compliance
of the proposed development with the Unified Development Code, Staff bdieves that this is a
good location for the proposed development. Please see Exhibit D for detailed analysis of the
required facts and findings for a Zoning Amendment.
Non-Residential BuildinllS: The applicant has requested a maximum of250,OOO Squarll feet of
retail/rcstaurnntloffice spaces. Staff does not propose to limit the applicant to their request as this
area is designated as commercial, is surrounded by other conunercial uses and is a prime location
for intense commercial uses designed in a clustered fashion.
Drive TIuu Separation: The applicant has requested several lots to be drive tluu retail uses which
bave 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 thm uses with this
Gateway Marketplaoe Subdivision
PI>.06.002
page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY Of MERIDIAN nANNING DEPARTMENT STAff REPORT roll. TIlE H.ARING OATL or 7'IBIZ006
application. If a drive-Ihru use is proposed within 300' of another drive thm then, a conditional
use application must be approved.
Access tu SR 551 Eagle Road: The applicant has requested an access point to Eagle Road.
According to ITD records, the applicant has submitted a request for access permit but is not
vested with an access point for this location as the change in use Is the deciding factor as 10 when
an access point be granted. Currently the site has no access to Eagle Road and the use is
agricultural/residential where the plllt will change the use to commel"('.ial anti i~",hj"d to the
design requirements ofUDC 1I-3R. UDC requires that all access for Gateway Marketplace
Subdivision shall be laken from Ustick Road at points detennined by ACHD.
Uses; All other lots shall be limited to OfficelRetaillRestaurantlDrive thru uses and General
Commercial uses listed as permitted in UDC Table 11-2B-2. Any uses (exccpting Drive tlrru)
not listed as permitted shall be subject to conditional approval.
Sidewalks~ The applicant is proposing to construct internal sidewalks un the major tenanl
entryways of the internal streets/drive aisles. The design shows the incorporation ofthe eight-foot
walkway which is directed to the main access to the commercial building. When and if the plat is
resubmitted liS recoIl1IllCnded, the IIpplicllllt shall provide a consistent pedestrial\ access corridors
as shown on the revised site plan dated March 10, 2006.
Commercial Amenities: _Thc applicant is showing IIdditioIlClllanciseapinglpatio/seating outsiJ~
along lots I, 17, and 18. Staff suppons the elimination of additional parking along Eagle Road
and when the detailed approvals are submitted for eaeh building the applicant shall "nsure thest:
features are included as amenities in the intersections of the gateway corridors.
Landscape Street Buffers:
Arterials: UDC 11-2B requirCli II 35-foot wide street buffer along classified anerial roadways
and entryway corridors. Eagle Road and Ustiek 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
sIreel buffers un Ihe fllce uf the filial plat ill all easemellt or place the required buffers in
common lots asperUDC 11-3B. See Exhibit B below.
Commercial Streets; UDC 11-28 l'equiles a lO-foot wide street buffer all1l\g conunercial
roadways. The submitted plat does not include commercial cross access east and south. Stllff
feels that a designed commercial cross access street shall be provided and subj eet to the
landscape standards for COllnIll:reia\ street buffers. Within the lO-foot street buffer, a
dctaehed sidewalk shall be provided.
Ditches. Laterals and Canals~ There are several irrigation laterals that bisect tllis parccL Per we
11-~A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous IO the area being subuiviuoo shall t", til",!. The
applicant is proposing to tile all of the irrigation facilities located on site. See Exhibit 8 below.
Pressure Irril!ation: The City of Meridian requires that pressurized irrigatiun syst"lllS b" SUWlieu
by a year-round source of water (UDC 11-3A-IS). The applicant should be required to utilize any
existing surface or well water for the primary source. If a surtilee or well source is not available.
a single-point connection to the culinary water system shall be required. If a single-point
connection is used, the developer will be responsible for the payment of assessments for the
common areas prior to signature on tbe final plat by the City Engineer. An underground,
pressurized irrigation system sbould be installed to all landscape arcas per the approved
specifications and in accordance with City Code. S.... Site Exhibit R helnw.
Gateway Marketplace Subdivi.ion
PP-06-002
page 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PI.ANNING Dl'rARTMENT ~TAfF RErORT fOR TilE IlEARING DATE Qt 7tlHf2(106
Fencin!!: The applicant is not showing any fencing on any of the ~ubmitted plans. A detailed
fencing plan should be submitted upon application of the ftnal plat (UDC 11-3A-7). If penlIanent
fencing is not provided, temporary construction fencing to contain debris must be installed arOllnd
the perimeter prior to issuance of a building pennit. All fencing should be installed in accurdam:e
with City Code. See Exhibit B helow.
Cross-access Internal: There are some commercial lots that do not have frontage on a public
street. Instead the allplicant is proposing to provide cross-access easements to the 101s thnt dn not
have public street frontage. Because several of the proposed lots do not have frontage on a public
street, the applicant should provide a cross parking/cross access agreement for all of the lots
within the 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-signaliu:d ac:c:ess point to Ustick Road shall be designed to serve as a eonuncreial
collector for intercolUlectivity to the south and vehicular movement in the north/south direction in
cooperation with the parcel east of the site. Maintenance of the drive aisles and parking areas
should be provided for in a note on the face of the final plat, AND/OR in a document such as
CCRs. See Exhibit B below.
Cross-access South: The applicant shall be required to provide cross access to tIlt: parcels south
of the site. The project is a portion of a larger site project (Kissler AIUlexation) and the sites shall
maintain consistent traffic flow for the entire .ite:.
Eagle Road Access: The Idaho Transportation Department (ITO) has a policy for access to a
Type IV Principal Arterial will be at intersections only, and spaced at oue-half mile imervals in
urban areas.1TO allows approaches (other than intersections) in special cases and on a temporary
basis. The access points shown at approximately 850 feet south and 1350 teet south of the V.tick
Eagle Road intersection shall be eliminated as it dot."S not meet criteria of either TTD or the
Meridian Comprehensive Plan.
Loadinll Snace Parkin!!: UDC 11-3C-8 requires off-street loading spaces for commercial uses.
The Certificate of Zoning Compliance (CZC) application shall clearly demonstrate that both a
Type A and Type B space arc: available on site, located near the refuse/service area behind the
building.
Elevations: The applicant has not submitted building elevations ofthe proposed structw'es. The
application lists the proposed building materials. including stone, brick, S11.1CCO 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 ill this
section. Staffs interpretation of the UDC is that the applicant may choose to place the '"primary
entrance" on an elevation other than the public street side. However, the public street elevations
(Ustick Road and Ragle 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 comply with the following
ordinance standards:
a) Facades: Facades visible frolD a public street shall incorporate modulations in the fa<;ade,
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 marC of the following: a) uverhanging
eaves, b) sloped roofs: c) two (2) or more roof planes; d) varying parapet heights; and e)
Gateway Marketplace Subdivision
PP_Ori_002
pagell
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING DI:PARTMENT 5T An REPORT FOR THE HEAKINu VAI~ Uf 1;1 ij/J006
cornices.
c) Mecbanical 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 aDd Materials: Exlerior building walls shall demonstrate the appearance of rugh-
quality materials of slolle, brick, wood or other native materials. Smooth-faced concrete
block, tilt.up concrete panels, or prefabricated steel panels are prohibited exccpt as accent
materials.
Refuse/Service Area Sq~: Neither the Site Plan or Landscape Plan call-out how or if the
refuse/service area on the cast side of the buildings will be screened. UDC 11-3A-12 requires thc
visual and acoustic impacts of these functions are fully contained and out of view from adjacent
properties and public streets. The applicant's ClC application must clearly demonstrate how t.his
standard is met.
Cross Access: The property to the south is dependent on access for interconncctivity 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
acce~~ to the ~olllh, which ~hll all he de~igned to private ~treet stanrlar<1< for pedestrian anrl
vehicular traffic circulation.
StriP DeveloDment: The purpose statement ofthe General Commercial District specifically
reads, "shall not constitute strip commercial development and encourage clustering of
commercial dcvclopment." Thc comprehensive plan policies further rcads, "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 lIloving access points away froUl Ustiek to allow for belleI' stacking, this also elimillatt:u
the small lots along the ustick frontage and replaced thOO! with morc retail/restaurant uses on
larger pad style uses. These pad uses also incotJlorated additionallandseapeing 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 II. The
applicant has revised the landscape plan and has included six landscape strips with internal
sidewalks to break the parkillg lot into smaller sections. Staff would fllld that the redesign of the
project would not constitute strip development as shown on the design revised March 10. 2006.
9b. Staff Recommendation: Based on the above analysis, staff finds the revised Preliminary
Plat applications conforms to the adopted DA, Comprehensive Plan policies and UDC standards.
As noted under staff analysis we recommend the building elevations be submitted in compliance
with the entryway corridor stAndArd~, The aece~s point 10 Eagle Road he eliminated and
redesigned. Staff recommends approval of thc application subject to tile conditions of approval
shown in Exhibit B.
11. EXHIBITS
A. Drawings
1. Prelimillllry Plat (by The Land Group, Revised March 10, 2006)
Gateway Marketplaoe Subdivision
j'I'-06-oo2
page] 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY 0.' MliKILJIAN PLANNINO DEPARTMENT STAFF REPORT FOR THE HEARINC DATE Of 7..1812006
2. Landscape Plan (by The Land Group, dated March 7, 2006)
B. Legal Description
C. Conditions of Approval
I . Planning Department
2. Public Works
3. Fire Department
4. Police Department
S. Parks Department
6. Sanitary Services
7. ACHD (Uodated)
D. Required Findings from UDC
1. Preliminary Plat
Gateway Mark<tpl."" Subdivision
PP-06-002
page 13
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN Pl.ANNINO DEPARTMENT STAff REPORT FOR TH"- HbARINO DATE Of 7/1812006
Exhibit AI: Preliminary Plat PP-l(The Land Group) Revised March 10,2006
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I3ATI;WAY MARKETPlACE SU8DlVlSION
Pl'1lliminery Plel
rMtidian. _
Galcway Marketplacc SUbdivision
E,hibj. A Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MEIl.ID1AN Pl..ANNING DHAIl.TMJ:NT STAff Il.EPORT ~.OK J'H~ Hl:ARINQ DATE Of 7.'\8/2006
Exhibit A2: Landscape Plan Ll.1{The Land Group) Dated March 7, 2006
J:.~
-
PREUMI~~PI.AN
IERIIlIAN, IIWlO
G.t~.y M...ketpl...,. Subdivision
Exhibit A Page 2
li91
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
l;;ITY Of MI"!IUOIAN PLANNING DEPARTMENT STAff REPORT fOR THE HEARING DATE Of 7118/2000
Exhibit B: Legal Description
claiborn A. waite consultillq,.,lI(.
engineers B: mtrvavo"~
120 N. Cur1iG Rd:
Boi... Idaho 83706
(208, 376-1lm
Fill< (208) 42\1-9862
P,N. 2279 ~ober 20, 2005
PARCEL "A"
VSTICK PROPERTY
REMAINDER PARCEL DESCRIPTION
A putel of lmd lyillll in lhe Nortlnoal 1/4 of Seclion 4, T.3N., R.IE, a,M., Ada
CIIWl!y, Idaho. and being more partieulatly dncriblld IIJl foUowo:
CllIIIIIlOIICina at lIIe Northwaat comer ohaid SeeWn 4, lhence S aq 49'08" E IlIons lhe
Nonh boundII, ohaid Secllon 4 and the centerline ofU9Iick Road for a distance of
97.62' feel;
thence leavlna..id Nonh boundlry and l"'DlCdine SOl' 50'52" W fur a~ of 77.96
f....to a poiDl OlIli11l Soulb ri8hl.of-way line otUllick Road, bcins the IlEAL POINT
OF BEGINNING;
Ihence alDIIB Ald SoUlb ri8bklf"WIY line fur !he following 13 COIl"':
N 44 OZ'14" I! fi:lI' a diSlance of47,06 feel;
llwnce S K9' 49'08" E foradistanceof262,81 feet;
Ihence S 47 5 I '21 " E for a dilllance of 41. I 8 feel;
I'-<>eN 117' 17'10" E m"dl_of29,03ICooI;
thence N 47 43')5" E mr a di_ of 4O.S7 feet;
lhence N 89 13'34" E for a distance of 179.28 feel (fonnerly described .. 179,20 feel);
::1l~.I'-... ~ C::r ::;;-:;;:-. r:: Il.,~ '" ~;~IIM'~'" 1,,11 I :',...J I~l.
lbeace S 89 49'08" E for a ditll/lClC of 1000 feet;
,II:,"JIl;\."":i'll i' ",', "",111 i;\Ulll~;;.n'ull~-ti let:L
C:\P",\UlIickLLII (2279~_ II........ I .
Gateway Marketplace Subdivision
Exhibit ~ Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN Pl-ANNING OI;PARTMIiNT STAFF ltEPOKT FOR THE IfEAK1NU VATE OF 711ij!2006
claiborn .. waite consultin9~
engineers & surveyors
120 N. r.urti~ Rd.
Boiso, Idaho 83706
(208) 376-8555
Fa.: (208) 429-9862
P.N. 2279
October 20, 2005
PARCEL "B"
VSTICK PROPERTY
5.51 ACRE SPLIT
A parcoI of land lying in the Northwou 114 of Section 4, T.3N., R.1B., 8.M., Ada
County, Idaho, and being more partblarly described as follows:
Cmnmeneins at the Northwest comer of IIIid Sec:tion 4, tbenl:e S 89' 49'08" E along the
North bounda.y of laid Section 4 and the cemlll'llne of Us lick Road for a distance of
97.62' feet;
thcngc leaving aaid North boundary and center1iM S 01' 50'52" W for a distance of 17.96
feet to a polm on the Eat riaht-ot-WI)' lioe ofEasle Road;
thence a100s aid But riaht..of-way liDe S 01' 50'52"' W for adiAallce of 1038.43 feet to
the REAL POINT OF BEGINNING;
thence eontinuing Iloll8 Jaid EuI risht-ofoWlly line S 01' 50'52" W for a distanc:e of
154.90 feel;
thence S OCT 36'13" W along said East risht~.w.y line for. distarlcl:>ofI14.17 feet;
thence IllIviDg said East ri8flt-of.way liDe S IV S 1'00" E for a distance of 700.02 feet;
thcDce N oa 36'13" E for a dilt8/ll:ll af93.77 feet to the South ~ ofao-mncnt
Lot 4 of said Sec:tiou 4;
thence S 89' S] '00" E along suid South boundary for a disllll1ce of 6 J 35 feet;
tf'v'II*,":" !~!t~"*n:r ~?'~~ 1C."u.~~ ~~:'~.:"i:~:;r:' ~I OfT ., t:;'~n" r f... j: lor ~~i.;.11.. ~ l..':- ~.... i. '~fc:...::l,
thence 1.; 89' S 1'00" W far s distance ofJ6J.00 feet;
(I ;,~1:.; : :~!I \ "!I{,' ". :~,; "jl~,l~'l'~ t \{(. (j:'J kt.l.
C\PIojeCl5\US.lckLLA (l279)\DocumellI5\P;UCCI B.doc- I -
G.tew.y Miltketpl.ce Subdivision
Exhibit B P"8e 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007
CITY or MERIDIAN PI.ANNING DEPAll.TMENT STAFF REPOK'l' I'OK THE HEARING DATE OF 7!1g/2006
thence N 89' 51'00" W for 11 ffi~tance of 17'1.00 feeti
thence S 00 09'00" W for II distance of34.50 feet;
thence N 89' 51'00" W for a distance of218.67 feet to the REAL POlNT OF
BEGINNING;
containini 5.5 I acres of land, more or less.
Prepared by; Todd R. Waite P.L.S.
C:\ProjcctS\llSlickt.LA (2279)\DoCllmenlS~A,do;. 2 .
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007
CITY OF MER.IDIAN PLANNING DEPARTMENT STAt'!' REPORT FOR THE HEARING DATE Of 7/18/2006
C. Conditions of Approvld
1. PlanDlDg Department
SITE SPECIFIC REQUIREMENTS--- (Gateway Marketplace)
1.1.1
The preliminary plat labeled as PP-I 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-03-01S) Development Agreement shall also be considered
conditions of the Preliminary Plat.
UDC 11-3C-8 requil"Cli off-street loading spaces for commercial uses. The Certificate of Zoning
Compliance (Czq application for this project shall clearly demonstrate thaI adequate parking is
available on site, lu\;aleu near the refUse/service area designed at the buildmg.
Graphically depict on the face of the plat, the required 35-foot wide landscapc buffcr aJoIlg Ustick
Road aud ElIgle Road.
The applicant shall consider the landscape plan approved as submitted with the following
Individual lot landscaping considerations, the fmal plans shall slgniticantly cOllform to the
submitted plan which shows:
1.1.2
1.1.3
1.1.4
· Pad spaces with landscaping, patio, and cooperative outdoor user spacc. Lots I, 3, 4, 5,
17,and18
· Perimet.... landscaping- 20' along the eastern perimeter
· Roadway landscaping- 20' with an internal sidewalk 1I10ng the southern perimeter and II
minimum of 1'> of a 42' road section.
· Internal sidewalksllandscaping planters- these planters shall have ~ minimum of one tree
per 35' and an 8' wide sidewalk.
1.1.5 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 lTD. At such time, access to Eagle
Road shall b", prohibited unless specifically granted through variance.
1.1.6 That prior to signature of the city engineer cross access to parcels east and south of the site be
granted.
1.1.7 The applicant shall provide commercial cross access drives to the propenies east of the site as
shown on the n:vi~t:d plans. These access roadways shall be designed according to private street
standards as listed in UD<; 11-3F, with a minimum of24' travel way, no parking or backing On to
the service drivc. a one side five foot detached sidewalk with" 5' I..ndsc."pe buffer. The
conunercial cross access drive is to provide connection from the future Public Roadway (Ally
Street) east of the site, through tbe Una Mas Annexation site, and provide the most direcl
vehicular traffic flow to a public road system.
1.1.8 The applicant shall work with ACHD to detennine if a public frontage road shall be provided at
the southem boundary of the site. One half of a 42' public roadway design for a trontagelbackage
road shall be reserved at this site until such a time as ACllD staff provides a written statement
refusing the reserved aroo.
1.1.9 Maintenance of all conunon areas shall he the responsibility of the Gateway Marketplace
Subdivision Business' Owners Association(s)
1.1.1 0 The applicant shall submit from the County Surveyors Office the appropriate documentation
showing that llsage of G~teway Marketplace as an approved subdivision name.
G.tew:lY Marketplace Subdivision
Exhibit C Page 1
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MeRIDIAN PLANNING llEPARTMENl' S'IAn' KHORT FOR THE HEARING DATE OF 7il~!2006
1.1.11 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.
I. 1.1 2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-II.
1.1.13 All structw-es within Gateway Marketplace Subdivision shall submit a design review application
at the lime of Certificate of Zoning Compliance application.
1.1.14 Comply with UDC 11-3A-12 regarding a screen for the refuse/service area.
1.1.15 No inigation pump station or facility is shown on the Sit", Plan. However, if one is proposed tor
the site, it must be located outside of any required street buffer. Impervious surfaces are
prohibited in said buffers.
1.1.16 Prior to the City Engineer's signature of the fmal plat, all existing structures shall be removed
from the site.
1.1.17 Provide internal cross access/cross parking agreement(s) for all lots in Gateway Marketplace
Subdivision. All cross al;l;ess 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 oftbe final plat, AND/OR in a document such as CCR's.
1.1.18 Otber than the points of access approved by ACHD, direct lot access to Ustick Road and Eagle
Road is prohibited. A note shall bc placed on the final plat restricting access to Eagle Road and
Ustick Road.
1.1.19 It shall be tbe responsibility of the applicant to cnsure that all development features comply with
the: Americans with Disabilities Act and tbe: fair Huusing Acl.
1.1.20 Applicant shall be responsible for application and compliance with and NPDES Pemitting that
may be required by the: Environmental PwtectlulJ Agcncy.
1.1.2 J Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineCJ"cd backfill, when. fuuting would sit atop fill material.
1.1.11 Allvs Wav shall serve as frontal!:t road. with apolicant committinl! to DltV one half of
construction costs.
GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.1.1 Sidewalks shall be installed within the subdivision lInd un the perimclCJ" of the subdivision
pursuant to City Code.
1.1.2 All areas approved as opeu space shall be free of wet poneh ur uther such Iluisanccs. All
stormwater detention facilities incolJlorated into the approved open space are subject to UDC 11-
3A-18 and shall be fully vegetated with grass and trees. Sand. gravel or otber non-vel:t:lated
surface materials shall not be used in open space lots, except as pcrmitted under UDC 11-3A-
18. Where the applicant has submitted a preliminary landscape plan and where staff has rcviewed
such plan, the lands\:8ping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the storrnwater detention facility cannot be incorporated into the approved
opcn space lInd still meet the standards of UDC I J-3A-18, then the applicant shall ,ducate the
facility. This may require losing a developable lot or developable area. It is the responsihility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
tbe time of fmal construction.
Gateway M""ketplace Subdivision
Exhibit C Page 2
CITY OF MERIDIAN PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN Pl.ANNING DEFAR.TM[NT STAFF REPORT fOR 'lH~ HIOAR.I"G DATE Of Jil812006
1.1.3 The applicant shall submit a detailed fencing plan with the fmal plat application for th",
subdivision. If permanent feneing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building permit. All fencing
should be installed in accordance with City Code.
1.1.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trccs that have to
be mitigated.
I.1.S All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing Or
lying adjacent and contiguous to the area bcing subdivided shall be tiled per lIDe 11-3A-6,
unless otherwise approved by the Irrigation District(s). Plans will need to be approved by the
appropriate inigation/draiDllge district, or lateral users association (ditch owners), with written
approval or non-approval submitted to tbe Public Works Department. If lateral users association
approval ean not be obtained, alternate plans will be reviewed and approved by the City Engineer
prior to fmal plat signature.
1,1.6 Staff's fllilure to cite spccific ordinancc provisions Or tern,s of the appl'Oved Preliuunury Plat does
not relieve the applicant of responsibility for compliance.
1.1.7 Preliminary plat approval shall be subject to tbc expiration pwvisiollS ,,,[ forth in lIDC 11-6A.
2. Public Workli Department
2.1 Sanitary sewer service to this development is being proposed via extension of mains in Ustick
Road. The applicant shall install all mains llcceSSlllY to prov ill" service; applicant shall coordinate
main size and routing with the Public Works Department, and el(ecute standard fomls 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 confol'lnllnce of City of Meridian Public Worb Departments Standard
Specifications.
2.2 Water service to this site is being proposed via extension of mains in lIstick Road. The applicant
shall bl: responsible to install water mains to and through this development, coordinate main size
and routing with Public Works.
2.3 Du" tu [he commercial uses on this project, a cOlutcction to the water main in Eagle Road shall be
required to guarantee adequate fire flow. Coordinate main size and routing with the Public Works
Department.
2.4 The applicant shall provide a 20.foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easemenls shall nol be dedicated via
the plat. The description shall be consistent with the graphically depicted easements on the plat
but be recorded as a separate document using the City of Meridian's standard forms. Submit an
executed easement (supplied by Public Works), a legal description, which must include the area
oflhe easement (marked EXHIBIT A) and an 81/2" x ] I" map with bearings and distances
(marked F'xHlBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to tbe plat referencing this
document.
25 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 ofthe construction plan review. A "draft copy" oftbe operations and
maintenance manual will be required prior to plan approval with the "final draft" being required
Gateway Marketplace Subdivision
Exhibit C Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY Of MERIDIAN rLANNINO DEPARTM!;NT STAff REPORT fOR TW, Ht::ARING DATE Of 7,18/2006
prior to final plat signatme on the last phase of this project.
2.6 The City of Meridian requires that pressurized irrigaTion systems be supplied by a year~round
source of water (ODe 11-3A'{)). The applicant should be required to use any existing surfaCe ur
well water for the primary sumce. If a surface Or well source is not availablc, a single-poinT
connection to the culinary water system shall be required. If a single-point connectiun is utilized,
the developer will be responsible for the payment of assessments for the CODUnon areas prior to
,ignature on the fInal plat by the City Engineer_
2.7 All existing structw-es shall be removed prior to signatw-e on the final plat by the City Engineer.
2.8 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 he used for non-
domestic purposes such as landscape irrigation.
2_ 9 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the Ill'ea being subdivided shall be tiled per UDe 11-3A-G.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with wriuen approval or non-approval suhmitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall bl" reviewed and
approved hy the Meridian City Engineer prior to final plat signature.
2_10 A drainage plan designed by a State of Idaho licemed architect or eugineer is required and shall
be submitted to the City Engineer (Ord. 557, J 0.1-91) for all off.street parking areas. Stonn water
treatment and disposal ~hall be designed in accorrlaucl" W ilh D~rlIm:nl of Environmental
Quality 1997 publication Catalog ofStonn 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 witlllhe Idaho Department of Water Resources regarding Shallow
Injection Wells.
2.1 I Street signs arc to be in plllce:, wall"r system shall be approved and acIivated. fencing installed,
drainage lots constructed, road base approved and the Final Plat for this subdivision shall be
recorded, prior to applying for building pernlits_
2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing. landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc_. prior to
signatme on lhe fmal plat.
2.13 All development improvements, including but nOt limited to sewer, fencing, micro-paths,
prl"ssurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.14 Applicant shall be required to pay Public Works development plan review. and construction
inspection fl"l"s, as determined during the plan review process, prior to signature on the final plat
per Resolution 02.374.
2.15 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.16 Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be rc;quired by the Environmental Protection Agency.
2.17 Applicant shall be responsible for application and compliance with any Seclion 404 Pennitting
that may be required by the Army Corps of Engineers.
2.18 Compaction test results shall be submitted to the Meridian Building Department tor all building
Gateway Marketplace SubdiviSion
E><hibit C PaSe 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNINQ DEPAR.TMENT STAFF REI'ORT fOR 1 H~ HEARING DATE Of 7il8/2006
pads receiving engineered backfill, where fooling would sit atop fill material.
2.19 The engineer shall be required to eertifY that the street centerline elevations are set a minimum of
3.feet above the highest established peak groundwater elevation.
3. Meridillo Fire Department
3.1 Acceptance of thc water ~upply for fire protection will be by the Meridian Fire Department lInd wfltcr
quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval ofthe 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 Sl<eet 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 IS'" above: finish grade.
g. Fire hydrants sOOIl be provided to meet the requirements of the IFe Seniuu 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
bUildings within 1,000 feet of the proj eet.
3.3 All entrance and internal roads and alleys shall have a turning radius of 2S' inside and 4S' outside
radius.
3.4 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall he In"rked in
accordance with Appendix D Section D L 03.6 Signs.
3.5 Operational fin: hydrants, temporary or permanent street signs and access roads with an all weather
sw-face are required before combustible construction is brought on site.
3.6 Commercial and office occupancies will require a fire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.7 The 23 officdcommercial lots lot will have an unknown transient population and will have an
unknown imp"ct on Mendillo Fire Department call volumes. The Meridian Fir" Department ha..
experienced 2612 respomes 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.
3.8 Maintain a separation of 5' from the building to the dumpster enclosure.
3.9 Provide a Knox box entry system for the complex prior to occupancy.
3.10 The applicant shall work with Planning Department staff to provide an address identificati\)I1 plan
and a sign which meets the reql1irements of the City of Meridian sign ordinance at the required
intersection(s).
3.11 Ihe 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 al 898-5500 to
address this concern prior to the public hearing.
Gateway Marketplace Subdivision
Exhibit C Pase 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MEIUDIAN PLANNINO DEPAKTMENT STAff R.EPOR.T FOR IHb H~ARING DATE OF 7118/2006
3.12 All aspects of the building systems (including elliting systems), processes & storage pmctices shaH
be required to comply with the lnternational Fire Codc.
3.13 Provide ellterior egress lighting as required by the International Building & Fi.re Codes.
3.14 When: a portion of the facility or building hereafter cOlllitructcd or moved into or WitWn the
jurisdiction is more than 400 feet (122 m) from a hydmnt on a flre apparatus access road, as
measured by an approved route around the atcrior of the facility or building, on-sile fire hydrants
and maillli 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 au approvw lil.llomatic sprinkler system installoo in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183
m),
3.15 There shall be a fire hydnmt witWn 100' of all Fire Department connections,
3.16 Buildings over 30' in height are required to have access roads in accordance with Appendix D
Section 0105.
3.17 Side yard fences shall not be allowed.
3.18 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m') shall
be provided with two ~eparnte and approved fire apparatus access roads. Exception: Projects having
a gross building area of up to 124,000 square feet (11 520 m') that have a single approved fire
apparatus acce5S road when all buildings are equipped throughout with approved automatic sprinkler
systems. (Remotene~s Required)
4. I'olic:e Department
4.1 The police department supports the requirement for a frontage road as the lengUl and bulk of the
proposed buildings impedes serviceability to all sides of the proj ecl.
5. Parks Department
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Land"cape
Ordinance 11-3B will be followed.
5.2 Standard Plan for Protection of Existing Trees during Construction; The standard established in
the City of Meridian Landscape Ordinance
5.3 Tree Grate and Tree Box standard: The proposed tree grate shall be a 6 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 stl:el gIale frame set in concrete. Prior to CZC approval, contact Meridian Parks and
Recreation Department for specification.s and tree box construction drawings.
6. Sanitary Service Company
Gateway Marketplace Subdivision
Exhibit C pase 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY Of MERIDII,N PLANNING DEfAkTMIlNT STAff kffOKT fOR TilE HEARINU OAlE Of 7/18/2006
6.1 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.
7. Ada COUDty Highway District
Site Specific Conditions of ApprovallNote: previous conditiODS were deleted and reo laced.)
7.1. Constmct a~-foot wide detached concrete sidewalk on Ustick Road. Provide 11 sidewalk
easement for sidewalk located outside of the ril!ht-of.way.
7.2. Utilize a ril!bt-in/ril!ht out driyewav on Ustick Road located ll))oroximah:lv 350.feet east ofSH-
55. Construct a raised median in the center of the roadway to restrict the access.
7.3. Utilize a full access driyeway on Uslick Road located aooroximately 700.feet east of SH-55.
7.4. Construct the: westerlv half of Allys Way from Ustick to a noint atIDroximatelv 1.355-fcct south
of U stick. The westerlv half of the roadway shall include vertical curb. Rutter 5- foot detached
concrete sidewalk and a minimum 24-feet ofoavement.
7.5. Enter into a Develooment Al!I"eement with the District to orovide for the dcsien and construction
of Allys Wav to a full 46-foot street section with curb. gutter and sidewalk on both sides from
Ustick Road south aOProximately 1.355-feet. The District should be resoonsible for the cost of
curb. !!Utter and sidewalk un the east side of Allvs Way and 18.feet ofoavemelll to comolete the
road section. The Deyelooment Al1J"eement Should be executed orior to aDnroyal of the final alaI.
7.6. Comoly with all Standard Conditions of Aporoval.
Standafd Conditions of Approval
7.1 Any existing irrigation facilities shall be relocated outside of the right-of-way.
7.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
7.3 All utility relocation costs associated with improving street frontages abutting the site shall bc
borne by the developer.
7.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.5 Comply with the District's Tree Planter Width Interim Policy.
7.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) f(,r
details.
7.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual. ISPWC Standards and approved supplemcnts, Construction Services procedures and all
applicable ACHD Oruinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improyement plans.
Gateway Marketplace Subdivision
Exhibit C Pase 7
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR lHIo HloAR1NG DATE OF 70812006
7.8 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.
7.9 Construction, u~e HlId property development shall be in conformance with all applicable
requirements uflhe Ada County Highway District prior to District approval for occupancy.
7.10 }.Iayment of applicable road impact fees are required prior to building constNetion in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
7.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to caU DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact AClID Tramc
Operations 387-6190 in the event any ACHD conduits (spa.re or filled) ilrt' l'umpromised during
any phase of constNction.
7.12 No change in the lerms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized repre5entative and an autborizcd
rc:pre5C:lllativ.:: orth.:: Au" Cuunty Highway District. The bW'den shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.13 Any change by the applicant in the plllDDed use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, pJan5, or
other regulatory and legal restrictions in force at the time the applicant or its successors 10 interest
advises the Highway District of its intent to change the plilllllcd use of the subject property unless
a waiver/variance of Sllid requiremems or other legal relief i. granted pursuant to the law in en,"""t
at the time the change in use is sought.
Gateway Marketplace Subdivision
Exh;bi, C Page g
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
cnv Of MERIDIAN PLANNING DIlf'ARTMI:NT STAff REPORT fOR THE HEARING DATE Of "l'IK/2006
Ellhibit D. Required Findings from Unified Development Code
Preliminary Plat Findings (UDC 11-6B-6):
In 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;
In Chapter VII of the Comprehensive Plan, 'Mixed Use Regional' is dcfmed as areas including
commercial and residential development consistent with auto and service oriented uscs_ The C ounci!
tinds that the requested General Commercial (C-G) zoning designation is in accord with the
Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use-
Regional". The purpose of the CoG 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 sales for the
transienl and permanent motoring public."
The Council finds that thc proposed zoning is in general conformance Wilh lht: comprehensive plan
(please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action
items lhat apply to this development).
B. The avaUability of public sem\:es to a\:\:ommodate the proposed development;
The site is intended for commercial uses which, based on the Comprehensive Plan description, will
have such uses as retail, wholesale, service and office uses, as well as appropriate public uses such as
government offices. The applicanI will be IesponsibJe for the extension of all utilities necessary to
serve this proposed development. 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 he loope<l
with extensions in Eagle Road. The applicant will be responsible for the extension of utilities to and
throngh this proposed development. Sizing and routing shall be coordinated with the Public Works
Department.
Other urban services, such as water, are near to this sile 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 tees.
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 un the j oint agency/department
meeting and other comments received from agencies/departments, staff finds that except for sanitary
sewer, the public services listed above can be made available to accommodate the proposed
development. The Commission and Council reference any written and/or verbal testimony submitted
by any public service provider, regarding their ability to adequately service this project.
If approved, the developer will be financing the extension of sewer, water, local street infrastructure,
utilities and irrigation services to serve the project. The primary public costs to serve lhe future
residents will be fire, police and school facilities and services. The Council finds there will not be
excessive additional requirements at public cost and that the proposed zoning and subsequcnt
development will not be detrimental to the community's economic welfare.
C. Tbe continnlty ofthe proposed development with tbe clIpitallmprovement program;
Gateway Marketplace Subdivision
Exhibit F P"8e 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITV OF MI1Il.IDI^N PL^NNING DlJP^RTMENT STAH REPORT FOR THE HEARING DAllo Ur 7/ 1~/Z006
Because the developer is installing sewer, water, and utilities for the development at. t.heir cost., the
subdivision willllUl require the expenditure of capital improvement funds.
D. The publit financial capability of supporting servkes 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 problems associated with t.he
development of this subdivision that should be brought to the Councilor Couunission' s attention.
ACHD considers road safety issues in their analysis. The Commission and Council refcrence any
public testimony that may be presented to detcm1.ine whether or not the proposed subdivision may
cause health, safety or environmental problems of which staff is unaware.
F. The development preserves significant natural, scenic or historic features.
The Council is not aware of any Illltura\, seenic or l1.iswric features which require presel vlIti\lIl. The
applicant will be required to maintain, fence, and improve the waterways which are ,,"-isting On this
site.
Gateway Marketplaoe Subdivision
Exhibit F Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
cUe~di~!t ,
I; 1,\IU.l .'
\~~(" JI
"', "./"
. !.'!,;'J'41"'. :"'~I '4' Y ",".~~>,", ';Qf,~
In th~ Matt~r of Variance request for two accesses to SH 55/ Eagle Road, for Gateway
Marketplace Subdivision by Landmark Development LLC.
Case No(s). V AR-06-002
For the City Couneil Hearing Date of: April 18, 2006, June 6. 2006. and June 27.2006 with
updated findinl!s for aooroval on Julv 18. 2006 City Council aeenda.
A. Findings of Fact
I. Hearing Facts (see attached uodated Staff Report for the hearing date of April 18, 2006
incorporated by reference)
2. Process Facts (see attached undated Staff Report for the hearing date of April 18, 2006
incorporated by reference)
3. Application and Property Facts (see attached updated Staff Report for the hearing date of
April 1 II, 2006 incolllorated hy reference)
4. Required Findings per the Unified Development Code (see attached undated StatIRepon
for the hearing date of April 18, 2006 incorporated by reference)
B. Conclusions of Law
I. Thc Ci ty of Meridian sholl exercise the powers conferred upon it by the "Locnl Land Use
Planning Act of 1975," cudified 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 II 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 ofthe 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 g
It-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION &. ORDER
CASE NO(S). VAR-06-001- PAGE 1 of3
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will
impose expense upon the public if proposal is allowed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, and the all in the attached findings
in the uodated Staff Report for the hearing date of April 18, 2006 incorporated by
reference. .
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code ~ II-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Variance Request for accesses to SH 551 Eagle Road is hereby ~
annroved: and.
2. The auulicant shall be allowed permanent access to SH 55/Eag\e Road at two locations:
1.350 feet south of Us tick Road and annroximatelv 850 fl,.....1 south of Us tick Road.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use pennit 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) uay:,; after the final decision concerning thl;: mattl;:f al bsue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521 an aftected 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.
E. Attached; Updated Staff Report for the hearing date of April 18, 2006
CITY Of MERIDIAN flNUlNGS Of FACT, CONCLUSIONS or LAW AND DECIStON & ORDER
CASE NO(S). v AR-06-OO2- rAGE 2 ,,0
CiTY OF MERiDiAN PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
By action of the City Council at its regular ll1eeting held on till:
-r. 11, \ ' 2006.
Ir__ Jay of
COUNCiL MEMBER SHAUN WARDLE
VOTED~
VOTED 1/"bJt,..k
VOTED /Jb~
COUNCIL MEMBER JOe DORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BiRD
VOTED~
MAYOR TAMMYdeWI3CRD
(TIE BREAKER)
-
VOTED__
--z;:-~~.i:~
Ma~?r},~de Weerct---
.......\\\\\ c:Ii ~~llfJ/~J
Attest: ,,' ~~ ~--- ""
",," """"'.~"
" v -:;P" -..." -;..
~ f (6 \
fA.,,~ .L ~ Y."'T ::
- -~ , ~ - S.b~~^LJ =
WilIi= G. B"", ~ CI..k \, i' J
~ '1'0 ~,.. 1&"{ . ;/.p ;-
-;., >f ~'t: ,~
Copy served upon Applicant, The Pla~~\~\}1ublic Works Department and City
'0 Ill" It ~ ~ \ \
Attorney.
By!:... 111Ml.111... \ 0 U
City Clerk
Dated: 1~2D.OU
CITY OF MERIDIAN FTNDlNGS OF FACT, CONCLUSIONS OF LAW A,'IID DECISION & ORDER
CAS!' NO(S). V AR-M.002- PAGF ~ nO
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING Al'\D ZONING DEPARTMENT STAfF REPORT FORHEARrll;(; LJAIIo 01' 4ilX/06
STAFF REPORT
SUBJECT:
Cily Council '
Hearing Date: April 18, 2006 & June 27. 2006 ijl'~
Updated fodulv 18. 2006 findings ~ 0 /' ""." /~~
Mayor and City Council '\..../VLtJrldltrn ,/ 'i,
Joe Guenther, Associate City Planner?",., ,,>.,It<' J'i
Updated bv Anna Canninl!. Director - , /
".:':/!,If_"~.l'!..:.~~'_!!" ~:,""-!-.~.~..
. "i";r;
TO:
FROM:
Gateway Marketplace Subdivision Variance
File Number: V AR-06-002 - Variance request to allow a right in/tight OUI access
and a right in/right out Wilh a left in access onto Eagle Road, SH 55 for Galeway
Marketplace by Landmark Development Group, LLC.
I, SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant is requesting II variance from Section 11-3H-4 of the Unified Development Code (DOC)
that prohibits new vehicle approaches to stille highways. The Variance application proposes a new
approach to Eagle Road, SH 55, one access driveways for right in, right out with a possible Icft in ar
approximately 1,350 feel south of U stick Road and one access driveway for tight in, tight out at
approximately 845 feet south of Us lick Road. ITD staff indicated that the proposed access point does not
meet district policies. 'The Idnho Transportntion Department (!TD) has not approved any approach permits
on this site and has made comment that this site does not qualify for access by standard district policy.
The ITD access executive committee met 011 March 22, 2006. At the meeting lTD determined that the
applicant shall comply with the considerations outlined in the approval letter dated March 24. 2006 which
also state the access permit application to be contingent on obtaining a Variance to Section 11-3H of the
UDC. ITD staff acknowledged that they were required by state code to issue the access permits to
deeded access points on state highways but encouraged the City of Meridian to be the authority on land
use planning.
The Variance application pertains to the 22.85 acres proposed as a commercial mixed use dcvelopmenT,
the applicant has submitted a development application (pP.06.Q02) consecutively with the variance
request which will also be heard on April 18, 2006. The City Council has Unal decision authority on the
Variance application.
The main reasons the applicant believes a variance is justified ~ summarized in Section 3.h, on page 2
of this report.
The COlWcil voted to deny the reauested access on Aptil 18. 2006. Prior to adootion oCtile findings. the
aonlicant requested reconsideration of the COlWcil's decision. The Council conducted a second hearing on
JWle 27.2006. TIi" app!icanl's rt:Uut:Sl allhal hearim! was [ur rilllu-in Derman,,"!lv and righl-<.>111
temoorarilv at two locations: I.~.?O fl!.~t south of Us tick Road and approximatelv 850 feet slluth of Ustick.
Road. The Council voted to annrove ril!:bt.in and ril!:bt-out fnermanentlv) at both locations.
2. SUMMARY RECOMMENDATION
Staff is recummending denial of the subject Variance application (V AR..06-(02) for the reasons listed
herein. We do not fmd that the application meets all of the findings required in the UDe in order for the
City Council to grant a variance (see Exhibit C). Section 11-311-3 of the UDC does state that the City
Council may consider and apply modifications (0 the standards of Aniele H upon specific
recommendation of the lTD. However, to staffs knowledge, no such specific recommendation has been
provided to date. (See the analysis, beginning with Section 9 on page 5 of this report, for more details.)
3, PROPOSED MOTIONS
Gateway Marketplace Subdivi.ioll Acces.
V AR-06-002
PAGE I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF illLY 3, 2007
CIT~" Of MERIDIAN PLANNING AND ZONING DEPARTMENT STAff REPORT fOR HEARING DA Tf. OF 4/18106
Approval
After considering all staff, applicant and public testimony, I move to approvc File Numbcr V AR-
06-002 as presented in the staff report for the hearing date of April 18, 2006, and the sill' plan
(preliminary plat) labeled PP-I, stamped REVISED March 10, 2006 with the following
modifications to the condition!l of approval: (add any propo!led modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number V AR-06-
002 as presented in the staff report for the hearing date of April 18, 2006, for the following
reasons: (you should state specific reasons for denial of the aMexation or plat and you must state
specific reason(s) for denial oflhe conditional use permit.)
Continuance
After considering all staff, applicant and public tcstimony, I move to continue File Number V AR-
06-002 to the hew'iug date of (insert continued hearing date here) for the following reasun(s).
(you should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site AddresslLocation:
SE comer of{ Tstick Road and Eagle Road/SH55
Township 3N, Range I E, Section 4
b. Owner
James Kissler
1125 W" Amity
Boise Id 83705
c. Applicant:
Landmark Development Group, LLC
Tamara Thompson
1882 Toluka Way
Boise II> 83702
d. Representative: Tamara Thompson, Landmark
e. Present Zoning: General Retail and Commercial (C.G) (AZ-03-0l8)
f. Present Comprehensive l'lan Designation:
Mixed Use-Regional- 2002 Comprehensive Future Land Use Map
g. Description of Applicant's Request:
I. See EJiliibit A (prepared by Landmark Development Group LLC) for a copy nfthe
detailed site plan which dllpicts the lot layout. building, parking and access locations.
Exhibit B shows the proposed landscape plan.
h. Applicant's Stllt=ment/Justifieation: The application notes that the mixed use regional
designation provides for the overall site to be developed with a mixtute of Retail/Restaurant
/Drive tbm and other Conuuercial and office uses oriented around automobile traffic. The
applicant notes that the site is an ideal location for a retail complex and will provide the
additional landscaping along drive aisles, the design review for structures along the gateway
corridor"
There is no possibility of providing a frontage road as ITD policy claims;
. lID has already granted approach permits for the project on the north side of Us tick
Road;
Gateway MIlfketplace Subdivision Acce..
V AR-06-002
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007
CITY OF MERllJIi\N PLANNING AND ZONING DEPARTMENT STAFF REPORT fOR. HIOARlKG DATE Of 4118/06
We believe we are grandfatheredJrom the UDC based on discussions and annexation
occurring before its adoption.
5. PROCESS FACTS
a. The subject application will in fact constitute a variance as detenninerl hy City
Ordinance. By reason of the provisions of the Meridian City Code Title II, Chapter 5,
Article A (Table II-SA-I), a public hearing is required before the City Council on this
matter.
b. Newspaper notifications published on: COlWcil- March 27 and April 10, 2006
c. Radius notices mailed to properties within 300 feet on: Council- March 24, 2006
d. Applicant posted notice on site by: April 7, 2006
e. City Council conducted the initial hearin!! for this item on Antilla. 2006 and annroved
the proiect. Before the fmdilllls were adOPted. the aaaHcant reQuested reconsideration.
The reconsideration hearimz was initially scheduled for June 6. 2006 and continued to
June 27. 2006.
f. Newsnaner hotifications for Council reconsideration hearin!!: published on: May J 5.2006
and Mav 29. 2006.
ll. Radius notices for Council reconsideration hearina mailed to Dronertio:s witlJi.1J. 300 feo:(
on: Mav II. 2006
h. Annlicant nosted notice on site for Council reconsideration heMin!! by: May 27. 2006.
6. LAND USE
a. Existing Land Use(s): Bare land. single family residence
b. Description of Character of Surrounding Area: Large lot residential, highway-oriented
services, rapidly urbanizing.
e. Adjacent Land Use and Zoning
I. North: Future pad sites within Schmitchger Subdivision, Lowe's site zOnt:d C -G.
2. West: Sadie Creek Promennde Subdivision, Bienville Subdivision proposals, zoned
C-G, RI, and RUT
3. South: undeveloped pnrcels zoned C.G with Redfeather i\nnexation.
4. East: Una Mas conceptual project and ACHD future right of way, zoned RUT-
proposed zone C-Q
d. History ofPro:vious Actions: In April 2004, the owners and City entered into a Development
Agreement for various High Density Commercial, Multi-family Residential, transitional. and
office uses under File AZ-03-0l8. Some property was aMexed and zoned to General Retail
and Commercial (C-G) with a Development Agreement while other portions onhe 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 Oppornmities
I. Public Works
Location of sewer: Extension of maillS in U stick Road
Gateway M arkctplace Subdivision Acc<;"
V AIl.-06-002 PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007
CITY Of MERIDIAN PLANNING AND ZONTNG DEPARTME~T ~'fAff REPORT fOR HEARTNG DATE OF 411S1U6
Location of water: Extension of mains in Ustick Road
Issues or concerns: None
2. Vegetation: AgriculturaVIrrigated
3. Fluod plain: N/A
4. Canals/Ditehcs Irrigation: The Finch Lateral courses the southern part of property
and the Milk Latcral courses the northern part of the property
5. Hazards: None identified
6. Si>:c ofPropeny: 22.85 acres
7. Description of Use: Retail, Office, Commercial, ano Reslmlrant IISe. and associated
parking and landscape improvements along Eagle Road.
f. Summary of Proposed Streets and/or Access (private, public, common drive, etc.):
The applicant is proposing two new access points Lo Eagle Road/SHSS to serve
the Gateway Marketplace project al approximately 850 feet and 1,350 fcet south
of the UsticklEagle Intersection.
6. AGRNCV COMMENTS All agencies provided comments for the plat application being hcard
simultaneously with the variance request. Please see the public record for the Plat file tor any written
COIIUnents that may have been submitted by other agencies.
7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated 'Mixed
Use-Regional' on the Future Land Use Map. In Chapter VII ofthe Comprehensive Plan, this designation
is defined in part as an area that is situated in highly visible or transitioning parts of the City where
innovative and fleJlible design opportunities are encouraged. The MU-R has no upper limit on the square
footage of non-residential uses and is intended to allow a broad range of uses.
Staff fmds the following 2002 Comprehensive Plan text policies to he applicable to this application:
· Chapter VTT, Gnal TV. Ohjective n, Action 2: Restrict curb cuts and accl"SS points on coU"",lors
and arterial streets.
The ACHTJ eWllwu".< accpss points in the;,. analys;s: no dlrl?c/ lot acclt.'s is allm.wd to any olt},e
arteriallcollector roadways. The prupu:;ed (.leceSS poinL. to the arterial streets general'-" comp(v
with A CRTJ 's ..tandards. Please see the A CHD stajrreport and Exhibit B for the conditions from
ACHD. l'he idaho Transportation Department (ITD) has a policy for access to a Type IV
Principal Arterial will be at intersections only, and spaced at one-.ha~f mile intervals in urban
tlreas. ITD al/ows approaches (other than intersections) in special cases and On II (e"'por",">'
basis. The Eagle Road access shall be eliminmed from the plat design if the Mer;dlan City
Council doe. not grant a variance and/or if lID does not approve an approach for this site.
· Chapter VII, Goal lV, Objective 0, Action 5: Require appropriate landscape and buffers along
transportation conidar (setback. vegetation, low walls, benns. etc.).
The applicant is proposing to construct appropriate buffers along all of the (J{~jacent arterial
street.> with the exception of the curb cut shown on the site plan. By ordinance. cI minimllm 25-
foot wide lands,'ape buffer is required adjacent 10 residential uses and 35:(001 wide landscape
buffer to Gateway Corridors. The landscape plan shows the appropriate landscape bllffers.
Ga,eway Marketplace Subdivision Access
V AR.Oo_lI02
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMeNT STAff Rtl'UKI FOR Ht:A1UNU L>AI'E Of 41l~IU6
"The capacity of arteriaL _ _roadways can be greaTly diminished by excessive driveway
connections to Ihe roadways. The City should cooperate with ACHD to minimize access points
on arterial. . .roadways as development applications are reviewed." (Chapter VI, page 72)
"Develop methods, such as cross.access agreements, frontage roads, to reduce the number of
existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79).
"Restrict curb cuts and access points on. . .arterial streets." (Chapter Vll, Goal IV, Obj, D. #5,
page 107)
"Require appropriate landscape and buffers along transportation corridors (selback, vegetation,
low walls, berms, etc}" (Chapter VII, Goal IV, Objective D, Action item 4)
"Require all commercial businesses to install and maintain landscaping." (Chapter V, Goat III,
Objective D, Action item 5)
8. UNIFIED DEVELOPMENT CODE
TIl" following UDC seclions arc pel1inent to tlus application:
a. Development along Federal and State Higbways: Unified Development Code (ODe) 11-
3H-l, PuqJOse. On" of the Lhrl;:e pUIplJse stalements is to "limit access points to statc
highways in order to maintain traffic flow and provide better circulation and safety within the
conununity and for the traveling public."
b. UDe 11-3H-4.B, Standards; Access to State Highway - "Use of existing approach"s shall be
allowed 10 continue provided that the following conditions are met:
I. The existing use is lawful and properly permitted effective September 15, 2005.
2. The nature of the use does not change (for example a residential use to a conunercial
use).
3. The intensity of the use does not increase (for example an increase in the number of
residential dwelling units or an increase in the square footage of commercial space)."
c, UDC 11-;lH-4.B.2, Standards - "\fan applicam proposes a change or increase in intensity of
use, the owner shall develop or otherwise access to a street other than the state highway. The
use ofthe exi~ting approach ~haI1 cease and the approach shall be abandoned and removed.
1_ No new approaches directly accessing a state highway shall be allowed_
2. Public street connections to the state highway shall only be allowed at:
a. the section line road; and
b. the half-mile mark between section line roads. These half-mile counteting streets
shall be collector roads_"
d. UDe 11-3H4.B.3, Standards - "The applicant shall construct a street, generally paralleling
the state highway, be designed to accommodate fulure connectivity and access to all
properties fronting the state highway that tie between the applicant' s property and the nearcst
section line road and/or half mile collector road."
9. ANALYSIS
9a. Analysis of Facts Leading to Staff Recommendation for Denial
Listed below are various documents in the public record pertaining to this applicMion The
relevant points within each document and an analysis of those points follows (smjrs analysis in
italics). For additional analysis, see the Variance Findings in Exhibit C.
Gateway Morkttplace Suhdivision Access
V AR-OG-002
PAGES
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERlDIAN PLANNING AND ZONING DEPARTMENT STAfF REPORT FOR HEARING DATE OF 4/18106
Annexation
In September 2003, Planning Staff member Brad Hawkins-Clark inclu&d the following
constraints on the development agreement in the staff report for the Kissler Annexation:
"Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial
should be protected by minimizing the number and location of private driveway access
connections to this important roadway. The City should recognize, adopt and heJp implement
the Eagle Road Access Control Study, prepared by ACHD in 1997." (Chapter VI. Subsection
2,pg.71)
No access points are proposed or addressed as part of this application The Planning &
Zoning Department has had recent discussions with ITD District 3 (Sue Sullivan) regarding
controlled and restricted access POin/.f adjacent to SH 20-26, SH 55 and SH 69 in Meridian's
Area of Impact.. We are recommending ITD coordinate with ,he City fir Muidi(.l./1 to reqlli,'e
backage roads be constructed on all parcels with state highway.frontage, wherpve,. the parcel
sizes and confi~rations allow, Therefore, in liT?ht of this recent policy discussion. su!II is
recommending the Commission and Council require backage roads (either public Or private)
be incorporated into fUture development as a condition uf tire DA. (See Site Specifi<.:
Conditiun 113 be/uw.)
Site Specific Condition #3 reads: The DA shall require that all future uses within the
boundaries of this annexation only be approved with either a public or prival~ backage street
parallel with Eagle Road/SH 55 be incorporated into the design of futurc site plans.
Testimony was taken at the public hearing on the Kissler Annexation February 24, 2004.
Council Memher Rirrl mllrle the motion with a contingency on the extent ofthe approval that
stated:
"We are basically just annexing the property, we are not giving any go ahead OIl anything or
any designs, so with that said 1 would move that we approve AZ 03-018, the aIUlexaliou and
zoning of Kissler, Cobb, and Ruwe parcels and to take condition number three as per
applicant's statement."
Develonment Al!t'eement
The following findings were made and written into the development agreement for AZ-03-0 18.
Adopt the Recommendations of the State of Idaho Transportation Department as follows:
1. SH/55 has been designated a Principal ArteriaL IDT would like 10 preserve this corridor by
recognizing the following cunditions:
a. Future right o.(way widths will be: A. 120feet each side ofcemedine (240 Jeet tocal)
for bllilding setbacks and to include afrontage road, or B: lOfeet each side u/cemer/illl!
(140 jellt total) if the developer provides an imeYnalfrontage mad typ" svstem to feeder
roads.
2. Access to a Principal Arterial Type 1 V will be intersection._ only, and spaced at one mile
intervals in rural areas and one-half mile intervals in urban areas. Approaches (other than
intersections) maybe permilled in special cases and on a temporary basis as/cdlows:
(1) Allowed until state highway system is improved by a construction project at which
Ga,eWdY Marketplace SubdivisiOll Access
v AR.06.002
P M;F (,
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007
CIlY OF MERIDIAN PLANNING ANUl.ONJNG DEPARTMENT STAFf REPORT FOR HEARING DATE OF 4/18/06
time an access will be provided to the property, which may not direct~v access the stat>!
highway system, but may be via afrontage or backage road.
(2) Shall be recorded at the County Recorders Office.
(3) Temporary aCCeSs restrictions will ba noted on the permit.
20. It isfolJ.1ld that anyfilture uses will impact the level andjlow of traffic 011 the surrounding
Slr(fets_ Specific traffic counts will be determined 01 the lime of developmen/ applicotion_ In
accordance with Camp Plan policy #12 (pg. 79) and policy #2 (pg. 107), il is finznd that the
number of vehicular access points to Ustick and Eagle Roads should be reslricted and comply
with A CHD policies in order to preserve the capacity and movement on these ruadways at bllild-
out.
· Traffic Accident Data
The following is the 2004 accident data from the Meridian Police Department for the Eagle
Road corridor. Of the top 10 intersections in Meridian for total number of accidents, six of
those intersections were along Eagle RoadfSH55 (Overland, Magic View, St. Luke's,
Franklin, T.anark and fairview).
2004 TOP 10 MERIDIAN ACCIDENT LOCATIONS
INTERSECTION TOTAL /I ACCIDENTS
IOAGLE/FAlRVIEW 82
FAIRVIEWILOCUST GROVE 46
MERIDIAN/OVERLAND 44
EAGLE/FRANKLIN 41
FAIRVIEWIRECDRDS 39
EAClLEIMAGIC VIEW 30
EAGLE/LANARK 28
EAGl1'/ST LUKES LN 26
MAIN/FRANKLIN 23
EAGLE/OVERLAND 20
In 2004,228 of 1,357 total accidents in the City (16.7%) occWTed on Eagle Road. There is a
dirc:ct correlation bel weellllu: nwnbtT uf a\;\;t;~~ puints/interseetions along a roadway and the
potential for accidents. The highet the accessibility, the lower the mobility. While staff is not
arRUing that every new driveway Or public street access to Eagle Road will cause or be
directly responsible for accidents, we do believc restricting the number of llew accesses helps
to ensure a safer roadway.
Eagle Road Arterial Studv - Final Renort (Anril 2004)
This study (not to be confused with the 1997 Eagle Road study refercnced in Chapter VI of
the Comprehensive Plan) was endorsed by the City Council in a January 2005 letter to Eric
Shannon, ITO District Engineer, and was also endorsed by the ACHD CommiSSIOn. The
study includes the following recommendations:
Gateway Marke",la.. Subdivi.ion Acce.s
V AR-06.002
PAG!:7
CITY OF MERIDIAN PLANNING DEPARTMENT 8T AFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING AND ZO~lNG DEP ARTMENT STAFF REPORT FOR HEARING DATE OF 4118/06
Para. 3.2.5, pg. 4: "ITD and ACHD should work together with the municipalities 10
identify the specific public streets and private approaches On Eagle Road to be
closed, over time, via access consolidation, provision of secondary access, elc. . ."
ACHD has provid"d two (Wcess points 10 11r" sill' which /i" along USlick Road. The
availability of Cross Access to collector and arterial road systems would preclude
any access to Eagle Road which would consolidate the accesses 10 the new public
street (Allys Way) or the approved approaches to Ustick Road. The.,e approaches
all lie within 1,350 feet of Us tick Road or JOOfeet to thelulure col/ector roadv.'ay
which would be an acceptable length of which commercial "sers would expect public
road access.
Para. 3.2.6, pg. 4: "The exisling circulation network within and between existing
developed parcels should be reconfigured to reduce the number of access points to
Eagle Road and to allow more local trips to be made without the need to travel on
Ea~l~ Roa~; This concept should be incorporaled into municipal planning and zoning
pohcles. . .
Meridian's adoption of the UDC, Article H, demonstrates the City's comllli/men/to
ncludng th~ numlJ~r uf trips "nd pul~ntiul acc:idt:"ls Uti Eugl~ Ruud.
Aeeess Analvsis
ITD must issue a right-in/right-out permit and a full access permit for this site, and the access
is further contingent on the Meridian City Council granting a variance to VDC 11- 3H. At
this time the policy in place would be for frontage roads to serve this site and provide
connection to the Y, mile and the collector road systems. ITO has submitted a letter
indicating that they will not make a final decision on approving access to Eagle Road until
such a time as the Meridian City Council has fonnally acted on the Variance request. City
staff does not support any access to Eagle Road in this location.
On March 22, 2006, ITD conditionally issued the two access points to Eagle Road at the
locations defined by the applicant. Please see the letter in the file dated March 24, 2006.
In addition, the applicant is proposing two new access points to U.tick Rnad at the following
locations:
Driveway #1 - 350 feet east ofFagle (right-in/right~out with center median)
Driveway #2 -.700 feet east of Eagle (full access)
Ustick Road, from Leslie Drive to Allys Way (on the east side of Eagle Road), including the
Eagle Road intersection, has just been widened and improved to five lanes. The intersection
was widened to include dual left turn lanes.
In addition, the recorded DA between the applicant lInd the City requires either a public or
private street be constructed pamllel to Eagle Road/SHSS. ACHD has statenlhat the applicant
shall provide cross access south and east to connect to the future collector roadway cast of the
site and the connection to the signalized access proposed south of the site at River Valley
Drive. ACHD staff will be in attendance tor the April 18, 2006 hearing and have stated their
opposition to access on Eagle Road as it diminishes the classification and function of the
future North/South collector roadway (Allys Way), if excessive points of acce~~ are allowed
to Eagle Road ACHD may change the road project to a lesser classification or not construcl
Gateway Matketpl""" Subdivision Access
V AR.06.002
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY Of MERIDIAN PLANNING AND ZONING DEPARTMEr-;T STAff REPORT fOR HEARING DATE OF 4118/06
the project at all.
This project along with the Una Mas Project east oftbe site will conncct with Ally Street. a
proposed public street serving as a collector roadway to the elltire area. The desit\ll received
March 10, 2006 lines up at three points to the east as requested. The area plan (Una Mas
Annexation) shows private, internal drivcways cOlllle..:ting to the future public street; such
driveways run mostly east/west connecting the Kissler site to Ally Street and ultimatcly
Ustick Road. Staff has required both the ACHD and Una Mas annexations to enter into a
.Development Agreement with the City of Meridian to make the connection to Allys Way.
ACHD would also like for Council to consider asking the developer to modify the DA to
include applicant participation in constructing the collector roadway. ACHD Staff notes that
the DA requires the applicant to construct a frontage/backage road, similar to what is being
done by the Winston Moore project on the NW comer of Ustick and Eagle. ACHD has
acquired propeny to facilitate the appropriate location and alignment of such
fronh'lgelbackllge road, but they do not have funds committed for constmction. It may be
appropriate to tie development ofthe subject property to construction oftl.e colle,,:l(lr
roadway.
For a detailed report on both lID's and ACHD's actions and comments, plcasc see the
letters/reports submitted with the application. lID and ACHD will have staff available for
conunent and questions at the public hearing.
Aoolicant Anuments to Grant Variance
The applicant's argwnents to grant the variance were sWllInal'izcd ill Section 3.h of this "eport
(page 2). Please see the application for more details. Staff does not believe the applicant's
arguments meet the "findings test" for granting a variance, The fact that the applicant had not
begun the process of securing access to Eagle Road at this location before adoption of the
UDC is not the right question, The question rcquired by the UDC (1l-3II-4,B,a) is, "Was
there a lawt\.ll and properly permitted existing use effective September 15, 2005?" The
answer is "no," because the site was aMexed, but did not have any specific uses approved nor
any use permits granted for the property. All properties being annexed into the City of
Meridian require future uses to be upgraded to meet the City of Meridian Standards and
required all future uses to comply with Comprehensive Plan policies and ordinance standards.
lID had not approved access permits to this site prior to September 15, 2005.
The fact that lTD has already granted approach permits in the area is also not the issue ~t
hand for the City Council. The City Council is charged with enforcing the terms of the City's
ordinances - in this case Article H of the UDC and determining the variance based on the
City's own tindings.
The applicant claims that due to physical constraints on the site that they will not be able to
create a frontage road. Staff responded citing lID's policy that states a fronta!!;c '"type" of
connection may be utilized, which does not have to be with a public road corUlection.
ACHD has approved two access points to Ustick Road, which will be upgraded at the
controlled intersection east of the site. ACHD has also provided a public road connection
(future Allys Way collector) which will provide the frontage road r"'luirements for the
subject site. Planning Staff required multiple cross access points to the north wbich were to
be designed as commercial collectors with appropriate widths and limited connections for all
sites SE of the Ustick Eagle Intersection (Una Mas and ACHD's Annexation) Statf
conditioned these road connections to serve as the frontage type roadways with limited access
Gateway Marketplace Subdivision Access
V AR-06-002
PAGE 9
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOK HJ'.AKlNG UAIE Of ~il Sl06
(no parking) as required by AClID for traffic circulation and no fwther connections to Allys
Way. Access to Eagle Road would not be necessary if properly designed and managed.
Thesc public access points are less than 1,350 feet from any point on the site and when
properly designed, staff feels that the size of the site does not cOllstitute reason for a variance
as it is common to drive less than 114 of a mile when accessing a public road system,
especially for commercial uses along a major roadway (Ustick Road).
Furthermore, the UDC includes a statement that an access "may" be granted, if appruveu by
lTD. However, the ODC explicitly states there must be lln "existing use thm is lawful Dnd
properly permitted" prior to September 15, 2005. No such use has yet been approved and all
uses existing on site are to increase the intensity of the use and change the nature of the area
which are prohibited by Cily Ordinance.
9b, Staff Recommendation; Based on the Comprehensive Plan and UDC policies listed under
Section 8 of this report as well as the analysis of findings shown in Exhibit C, staff finds there is a
lack of evidence aud growlds to grant new vehicular acccss points to Eagle Road'SH5S. P!;.I111;llg
Staff find:
· The request does not meet the standards for access approval as required by UDC 11~3H.
The letters received from ITD during the 2003-2004 annexation process make no
guarantees that pennanent access points would be approved
· lTD specifically stated their opposition to access at this site in 2003 and the City of
Meridian incorporated their recommendation as a consideration for annexation.
· City of Meridian Council Members are on public hearing record in 2004 opposing access
points to cagle Road for the eastern side of the development and required a frontage road
access only.
. These access points are not shown in tbe Eagle Road Corridor Study.
· No reference to prior access approvals from the City of Meridian was found in any
documentation
· Staff has made findings for the Gateway Marketplace preliminary plat for Allys Way to
be the required frontage road with the project development. Again, the COWlcil may want
to consider tying development of thc subject propeny to the construction of the Allys
Way collector road. The finding for frontage road will satisfY the lTD policies for
intercOlUlcctivity and provide adequate access for commercial development as well as
meet the intent of the Development Agreement. Staff is also concerned that if access to
Eagle Road is granted that ACHD will not construct Allys Way to the level of service
being considered which would mean a frontage road would not be provided for the site
and this flllding would not be made_
Finally, we do not believe the applicant's arguments meet the "findings tl:st" for granting a
variance. Therefore, staff recommends denial of thl: subject application. We have prepared
findings consistent with this recommendation in Exhibit C.
Gateway Marketplace Subdivision Access
V AR-06-002
PAGE 10
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING AND .WNING Vt:pARTMIiNT STAFF REPORT FORHEARlNG DATE OF 411 R/06
10. EXHmlTS
A. Projecl Plan (by The Land Group, Stamped March 10, 2006)
B. Legal Description
c. ReqUU'ed Findings from UVC (Vanance)
Ga.cway Marketplace Subdivision Access
V AR.-06-002
PAGE II
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY U1' MERiDIAN PLANNING AND ZONING DEPARTMI:Nf STAFF REPURT FOR HEARING DATE OF 4/18106
Exhibit A: Overall Concept Plan (Red Cliff Development Company)
MoridiiUI G.tow.y Vanonce Application
Ei'l:hibit A rll~C 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY Of MERIDIAN PLANNING AND ZONING DfJ' ARTMENT STAFf REPORT FOR HEARING DA Tf. Of 41/ 8/06
11111"1
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GATEWAY MARKETPLACE SUBDIVISION
P,.Jiminaly PIIll
w_,_
Meridian Gateway Variance Application
fxhibit A Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF illLY 3, 2007
CITY OF MERIDIAN PLANNINO AND ZONING OEP ARTMENT STAFF REPORT FOR liEAKlNli VA ll! Uf 4/1 ~/06
Exhibit B: Legal Description
claiborn ..... waite consultiIl9,..lk.
engineers B: 6urv&yor"s
12<l N, c..nis Rd.
Boi'., Idaho cnor,
(2011) J7ft"'~55
p"" (208) 429-9862
P.N.2279
October 20, 200S
PARCEL "A"
USTlCK PROPERTY
REMAINDER PARCEL DESCRIPTION
A pllWl of IaIId lying in the NonhwwI 1/4 of SecliOll 'I, UN" R.IB., 8.M., Ada
County, Idaho, and beinslllOre Il8/IiCIIlarly described... filIIOWA:
~ It the N~ c:omer of Aid Sec:lion 'I, Ibence S 19' 49'08" S Ilona the
Nonh bound..,. of oaid Section 4 end the OOlllIerline ofl/Slick Road tor. dillance of
97.62' feet;
IIaence""Yineaaid NOllh boundary ODd cemertine SOl' SO'S2" W fOr a~ of 77. 96
feet to a polat on the s-h riaht-or.WIIY line of UIIick RDad, being Ibo REAL POINT
OF BEGINNING;
them:e aIotlg llid Soutb rishl-of-way line fur lbe IbIIowlllfll3 counes;
N 44' 02'14" l! lW. dist_ of 47.06 fell;
I...... S 89' 49'08" l!foudlstanceof262.81 feet;
then.., S 47 St'21" E fur. di"",,,,, of41.\8 teet;
thence N 87 17'10" E ft.r IdllIlanl:e 0129.03 toet;
thence N 47 4]']S"S foradl_of40.57 feet;
d1enee N IV I J'J,,, E (or 0 dirlenoo of 119.21 feet (formerly d...ribod .. 179.20 r=),
~k;I\.\,; :. In _~ J. :;~.. i: 1~1 ... J;~li....iU..1v vi j .1,..,) I~a.
I~ S 89' 49'08" E fe" . diSt.lnte of 1000 feet;
Ill;:i1C'\: ~\i ;I~I ; ':. t, :11 :: 1I''!io:.,'.u....1I 1.~ J J 'e-en.
C,IJ'IVjoouIUs1lc*LLA (U19)\DoC>1__ A.do;- I .
Mmdion Gateway V",ion.. Appli.alio.
hhibit B Poge I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY Of MERIDIAN PLANNlNG AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18106
claiborn ... waite consulting~
engineers & surveyors
120 N. Curtis Rd.
Boise, Idaho 83706
(201) 376-n5S
Fax (208) 429.9862
P.N.2279
October 20, 2005
PARCEL "8"
USTICK PROPERTY
5.51 ACRE SPLIT
A pareeI of land lying in the Northwest 114 of Soelion 4, T.3N., R.IE., 8.M., Ada
Collllly, ldabo, 8IId being mol'll partic:ulwly described as follows:
CoInmencb\81t the Northwest comer of IlIid Section 4. thence S 89' 49'08" E along the
North boundary of oaid Section 4 _ the centaiille of Uatid!: Rolul for . dilWll:e of
97.62' feet;
lbcnce Icevias..Jd Nonb boundary Illd centerliu S OJ' 50'52" W fOr. diSWICe of 71.96
fed to . pIIint OD tile EaR rigIJt~f-my line of.Bqle 1load;
thence a10DSlllIid Eut riJbt-of-w.y Iille SOl' 50'52" W for a diatance of 1038.43 feet to
the REAL POINT OF BEGINNING;
thence eontinuillS "ong IBid But rigItt-of-qy line S or SO' 52" W for a diJtmo:e of
1S4.90 feetj
thenc:e S 0C1 36'13" W "ODS IBid Ealt right~f.way line for a diltance of 114.17 feet;
lhence leavlDS said East right-of-way lille S 89' 51'00" E for a diltmCe of 700.01 feet;
Ibence N OIJ' 36'lJ"E for a dilWlCll of93.77 feet to the South IIounIWy ofGovenunent
Lot 4 of IllIid Sec:tion 4;
thence S 89 51'00" E along laid South boundary for a dis'lUICe of 61 35 f'ect,
.,,,~,..,.. 1.~....;~f' ~~!~ ~:....t:;!~ ~.:l:";-::!'~r:. ~,~., "'1ij""!i1- r f. '. t' 1,,1' .,j",:n.. ~ l;.~~" i ...; ft-":l,
thence N 89' 5 )'00" W for i dislanee of 363.00 feet;
II :.'rt.:: ' '1(1 'j. 'ml' \\' :-..; __ JI;,I.i,'\ ( ~lfL ~I-j 1c.'1
C\Projel;:lslUSlickLLA (2279)lOocwlIemsIPIJ'CIeI B.doc. I _
Meridian Ga'eway Variance Application
Exhibit B Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ruL Y 3, 2007
CITY OF MI':IUDIAN PLANNING AND ZONING DEP ARlMl':NT S I 'Al'-F REPORT FOR HEARING DATE OF 4/1 ai06
thence N 89' 51 '00" W for 11 rlilltance of J T/.OO feet;
thence S 00 09'00" W for a distance of34.50 feet;
thence N 89' 51'00" W for a distance of2]8,67 feet to the REAL POINT OF
BEGINNING;
containing S, 5 1 acres of land, more or less.
Prepared by: Todd R Waite P.L.S,
C:\Ptojec1S\UslickLLA (2279)\DocuRlenls\ParcdA,doc- 2 .
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY Of MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT fOR HEARING DA I~ UJ' 4/1 g/U6
Exhibit C: Required Findings from UDC (Varianee)
The eil)' Council shall apply the standards listed in Idaho Code 67-65 J 6 and all the findings
listed in Section J J-5B-4.E of the UDC to review the variance request. I" order to grunl <l
variance, Ihe COlmcif shall make thlijoflowingjindings:
A. The variance shaD not grant a right ur special prh11l!1ll! tbat is not utherwise allowed
iu tbe district:
If 1M O;;:il) CalHleil8flllltHlae llUiSS jiBint ta Baglil RsaEIJSWSli, it \\ ",,,,Ld sraRt a Fight tfl81
is saffellll)" jiFaltillile& Rat en1y in lae C C l!eRe 13"t far all Rew de .lllejialeat adjaellHt Ie
otate llighr:a;. s. The aJlllliilllllt has tl!!1ffl eSRailisBe& ta pFiwide a GmBS aeeeOR fraBtage
read S)'9Ie",- 18 whieh tHElY haVll Bgfeea .. ith !he Plllllllillg Csmnli,siSfl BRaill!;S fer the
prajellt iIflPFS'iIl!, Tae aJlJl!ieant h;!s H1ere thaR !lee fellt 'Nilll. twe SSflfl8ei:iens Ie Ur.tiell
ReaEl, twe Jlsill!s l'lf cmilll aeee5B to tile easl, I"'a J!aiRts aRe ..1. t8 tl.a Belfih llftd eRB "uslie
Fella ttltl13 te ,'\U"s WilY te Ihe BaGt 'l..i~ 1\ hieR te aesigtlI9l;lltiJlle aeBeas paiRts ll!ld laI,e
Plllllis st~ellt lIeee95 liB 9Bewf! ','ilk lhe 22. &!j Beree sf al'lfleJlalieB ift 2QQ 1.
The fell.n. :'li:ag UIlC !!.uia.1Wll~__et k! met: ~'Uge sf l!!!~i5tifl'g, appf.JA..s..Rea s:k~l ~~
lIlle Ii et Ie BeBtial.ie JlFeviaea that IRe felle\. in~ eeaeiliElBe are IfIBI:
I. Th.. i.MlI& tin isla.. fulll1l.a "re"8ft) l"ermilleEI eif~li e !>!jlle...u~l 13, 2\:1\:15,
The 116186' 81'1 me aw&','u: siu "ll';e 1181 searl J11"8/iB3I.!i.
2. The B8t'lire aCthll t.tBe 4a~.!l as! shan~~ (ur !UBIl1.l'le it r!siElealialllls,:, te a e8HlnL~ll:.!d
1156). 'As NllilFf! 8/Me aile will shal'lgefi'8m AgFisII11III'al ta (;13IfII'l'SJeis!
J. 'fIll. H.!JIe~15i~~' efthe l:t5e ao~li net mccaa-sa ({8Jf _nsa.]!! at\. ill.:!Hl!atil:l in Ii!.. Htunhtu ld[
F6aiaealial a'rellisg IilBila aF IIR iftsuil8s ill. Ihe BltII8re (eetag8 ef eOR.tfIllreial Bjleee)"
'FIre /111611311;1' 6.fEhe site Hili irl6F~efl'8m I si~~flllftik: resiHII8B ,,/I ag' "!I'{'''''~{
gJ'WNItJ 16 81 e. Jig, gOO 3fjUIf, $fiiJt 8.,r f!6lftHr$."'Sis! kNihJbff;N.
ifte eSIIB6il dees Ret flil.lI that the ~lIest is eeBSietSRt '''ilk tke UDC Bcetisll5 wmsh
llJlJ!I~ Ie tBis eile.
Seetiell II JII J ef lke \,)Be d8BS 811018 Iklll the Cily Cellfleil HliIj' eElR9iti~r !Ilia alllll)'
meetRell1iellll Ie lk8 slaflBw&S af Miele I11iJl"li splIsitie reeeBlffleRtlation of tfle ITD.
I1el'.\.e'ler, Ie 81l1iI'Blule JVlelIgB, Be eyek reee_eft_Iief! Bas seea I'FBviaea Ie aate.
The Council find5 that this varian~ will not l!l'anlll sDeCial rililil or nrivilel!l!. Because so
much of Eal!le Road has developed with many access ooints, the adopted Code has the
effect of penalizing orooenies Ihat are now Irvine to develoD along [he corridor. The
Council SUDDOtls congiderinl! each ofonosal for access to Eagle Road on a case-bv-case
basis to evaluate this fmding.
B. Tbe variance reUeves an undue hardship becausl! of characteristies of the site;
Celiftsil fflt$ meAl are Ile ji~'sialll BharasleFislies ef the 5it!! wilieR EleHlftlul aeBBse Jloims
he eeft9tRleted tRill &fa any RlBfe lHIilitie ar difreNRt 1MB slRilr JlrejieFtiea alsRg Ilagle
lleail,<SWH. Fsr ellall'lflle, tkeFl! areAS ll'lajAr eaRIIla AI' aileae~ ",,"'iell Jlre.....l ;1I,Sllf:!: tll
U6tieh Raae. The swjeet Jll'ElpeAj' has Be eal'l'iers Ie e8lHlestiBg IBHlti"le a66B1Sii paiRts te
Yetie!. Read llIlllpflre\.ad ey ACHD. Setllers IffigatieB 9ietfiet weald a11ew lite 8flJlliellftt
Ie eaver tile Milk LlIleFill iheqBllSteEl fer a sanalllFUS5iRg.
Mcridillll "at.way Vanillic. Application
Exhi1>>t C Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPOR.T FOR HEARll'>G DATE OF 4118106
Gfalltiftg tile jlf6p6se!! ael:letls paint HIti) r~lil!ve seme trame esftgestiell. withil'l th~ site
he_8 s6Wleellll!! _(He 6ft ~agle Ree!!.'J1Jl!!i!!i ' BlIlli lIt't \le fereeli ts trevsl ellst te
Vstiel. Rea!! te get threli!!k tile Eagle.Vstiali ifit_BBliesj Mivers eeals pEltBRlially make
II ff@8 Figltl ellt tam aad merge v'ilk trame, he7Ie':er mergiag traifie 518'.19 sarli tll8 Aaw
Bf tl'lle+ie mlliell i~ ultifAflSlillA fAr All BAlIitiallsl ] '2 mile "'Riaa ...i11 fuFlal\: .AII_",
rsweliellS ifi spee!! ell eagle Rea!!. Farlkel'Hl.BFII, tlls R8i! rlglu aptieR is HOlt tieiA te s
p~'eieal elwaeteftslie ehile sile, 'r !tiell is wkat ~s HBdiHg re!J.lIiFBs.
IR adtliti6o, WBllS eell6lmetiSft \lJIgrades eft Ustiel( Read eBst efEagle V.Bad ara sSlHJllata,
8. l'igl;M hall!! 11:ttll ElR Ie Eagle keN trem tile sltliljeel jlreJle<<r sllellld Be relEllivoly sinltlle
"uitk liMle aF Be Gtaeking far Rsl'lhloJelHld Il'ftAis, a eellErelleli intersestisR, ane FElll.ltiple
tlHfliRg laRes fer ReRfl8suali tfiliH~. .
Aeeess la tlie site in th.e RNll.re v'iIl Ile readily ft';ailable fer sellth.llsallli t:ffliHs at River
Valle) Cri':e whisk will Be a sigaalii!lea illterseGtieft, thi~ IraQis Rew willtkeft tlOatillll.tl
96mh inIemaUy Mlli Telie:e ssditienal trame )lFes5"r~s aft lOag:le Raild. ACIID-BlfIy-aet
euilt! the .'\dlre Way eeflfteetiaft if ellOGseei\ e aeeses paints la Hagle Read eenlflel8 with.
tlle mtSRlal eallestar reali system..
A fundamental physical feature of Commercial development is access to the oropertv.
The oroiect does have frontal!e on Vstick Road but traffic volumes on Dsrick may only
allow rieht-in turns. Until the Una Mas DroPertv and Allvs Wav are developed. this
leaves limited access to the prooertv. The Council fmds that approved riRht-in. ri(!ht-out
access POints will limit the safety concerns and traffic impacts whil/;: providing accesUQ
the site and relieve an undue hardship.
C. The variance: shaU nol be detrimental to the public health, safety, and ",dral'e.
CellReil fines that gfllAtifig tke fight ill/Fight a~ witft left ill l:1ptiefi aeeess peiate Ie Eagle
RsaElliUH hila IkJ lI.!l1!llli.e.l Bf iller<l"sing Irafits elilnfliels auo Ie tl.s i~v' olls.d l'tIlueer Bf
nlHsles that v;'iI! Reed ta Merge wilh enistiag seatfibEll:llld traifie aRa \ly er~ssiRg twe
lanes aftraiHa ts Siller tile sits. GF$.tiag a fulllllaveffieRllleUSS ae reEl..estea 6)' the
CeHllBi.aaisllhBli tfta EMiElitisMI pelefttisl eeafliet ef aaemg \ eeislss te the eeRIer t\IfR
lalle, suek aliSeSS dellS lIel lisffiJlly wilh lfta "glll Reali CeH'iasr 5Rl~, aHa sash. a6~".iS
slews traMs 8peeEls wBere Iln speed limit Is n Hliles per BBIB'. A "shiele geiRg ~!!i Hlllee
JlBf haU!' v:iIl_vel 8(Hi8j feet sasR assBRd, 88 the sits is emy 1,3Se fut ISHg, it we..U
talEl! a fieRB OOIlBU velHsle ftJI!,reltimatsb' 1 j SSSBRaa IS ae' 'er the mtire IllHl):lR sf !he
lis. elejOHlOlal ,. here sll!el~8 "nautli Ile fRIlFgill1]; iR _ki!,ls IaaBS. If" eaRter lBeUiiHI is
eeftslf\leteli 8e 8h.a",VII elllne ill@le Read Cemaer sRI~, " Jll:ll'fFlilll8Rt loJiHFisr "r:ilI eldst Ill:
tlis lesaliell efthe rllljyestsli aseess whisll aaee net &he.. IlR aaaeleFllli"f\,'seeelllfllliall
lafie fer lflMBe aesa8siHg tke site. We reSBHIIllellQ tile MeriliillR Fire aaa Palise
Depill:lHleRts. fFe-.;tle fi,.1"Ih,er hllRtiliNflFlY fll=l tRifl i!1...lftls.
A full access intersection creates 32 outcntial conflict points. A r:ight~in. riwt-out onlv
with center medians limits the notentiaJ conflict noints to four. The Boohamt oronoses to
mitigate these four conflict Doints bv oroviding adeQuate acceleration and deceleration
lanes. The Council fmds that aDoroved ril!ht-in. rieht-out access ooints will limit the
safetv concerns on the site and will not be detrimental to the Dublic health. SafelY. Ul}g
welfare of the comunitv,
Meridian Gateway Variance Application
Exhibit C Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT 8T AFF REPORT FOR THE HEARING DATE OF JULY 3, 2007
Exhibit B: Required Findiugs from the Unified Development Code (Variance)
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in
Section 11-5B-4E of the UDC to review the variance request. In order to grant a variance, the Council
shall make the following fmdings.
a. The variance shall not grant a right or special privilege that is not otherwise allowed in the
district:
The Applicant is requesting to provide a 20-foot wide landscape buffer on this site, where 35-feet
is required. In addition to the 20 feet of the Applicant's property proposed for landscaping, up to
26 feet of ITD right-of~way will also be landscaped by the Applicant. Staff is generally
supportive of this request. If the Applicant provides, at minimum, a 20-foot wide landscape buffer
on their property and landscapes the "surplus" right~of-way, Staff finds that a special privilege
will not be granted to the Applicant.
NOTE: The UDC (11-3H-4C3) requires a lO~foot wide multi-use pathway along Eagle Road. The
Applicant's plan depicts a 5-foot pathway within the 20-foot wide landscape buffer. However, the
Applicant must construct a 10-foot pathway on-site. This will reduce the landscaped (green) area
on their property to 1 0 feet.
b. The variance relieves an undue hardship because of characteristics of the site;
When ITD purchased the right-of-way from the subject Applicant, Staff believes that ITD
envisioned Eagle Road being wider than five lanes, as currently planned for this area with the
Eagle Road Corridor Plan. To ensure that the subject property owner is not burdened with
maintaining and enhancing the surplus right-of-way adjacent to this site after ITD completes the
improvements on Eagle Road, Staff recommends approval ofthe subject variance.
c. The variance shall not be detrimental to the public health, safety, and welfare.
Staff fmds that allowing the landscape street buffer variance on Eagle Road will not be
detrimental to the public health, safety, and/or welfare.