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HomeMy WebLinkAboutMemo from Planning (2) Project: Gateway Marketplace RECEIVED JUL - 3 2007 Location: SE comer of Eagle and Ustick City of Meridian City Clerk Office Application: DA modification Highlights of Proposed Development: The Applicant requests to modify their DA to remove the requirement for all future uses on the site to obtain Conditional Use approval. When this property was annexed, a specific development plan was not proposed, only a conceptual plan. Because of this, a CU was required through the DA for detailed review and approval of all future uses on the site. Since that time, a preliminary plat has been approved that outlined building locations, access points to Eagle Road, utilities, landscaping, etc. The applicant feels that because of this, a CU should no longer be required. The Applicant is required to submit a design review application along with a CZC application for the buildings on this site prior to issuance of building permits. Furthermore, since the approval of the Gateway Marketplace Preliminary Plat, there are conditions in the DA that that are now outdated due to the subsequent approvals/requirements. More specifically, the Applicant is requesting to update the DA to reflect the approved access to Eagle Road and the location of a frontage road. Staff Recommendation: supportive of modifications requested by the applicant. Written Testimony since Staff Report: none Outstanding Issue(s) for City CoUncil: none known DA Specifics The applicant has requested that Section 6.A.3 through 6.E.I 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 requirements of ACHD, the Meridian Fire Department, and the Idaho Transportation Department without their approval. Section 4.1: (page 4) (properties east of Eagle do DR not CU; applicant wanted to remove requirement completely.) ". . . 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 design review approval at staff level prior to or concurrent with the Certificate of Zoning Compliance application, prior to submitting for buildin~ permits for each building proposed on these pro-perties." Section 5: (page 4) (clarification consistent with applicant request) "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 VDC 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) (referencing subsequent applications for clarity) "Owners" shall develop the "Property" in accordance with the following special conditions: (Note: The followine conditions ]}ertain to annexation of the subject ]}ropertv (AZ-03-018) in 2003. Please see site s]}eci{ic conditions relating to Gateway Market]}lace for more current conditions of a]}]}roval.) Section 6.A.3: (page 5) (properties east of Eagle do DR not CUi applicant wanted to remove requirement completely.) "Except for the properties located on the southeast comer of Ea!!le Road and Ustick Road. annexed as the Kissler and KisslerlDealy properties (aka Gateway Marketplace). which shall comply with the Findin!!s 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 Road/SH 55 be incorporated into the design of future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any CUP applications being submitted for any of the three (3) parcels on the west side of Eagle Road/SH 55. Any residential uses required by the City Council shall also be addressed as part of the DA." Section 6.D (page 9) (referencing subsequent applications for clarity) "Adopt the Recommendations ofthe State ofIdaho Transportation Department as follows: r see V AR-06- 002 (Gatewav Marketplace). and V AR-05-023 (Bienville SQuare)l" Section 6.E.1 (page 10) (properties east of Eagle do DR not CUi applicant wanted to remove requirement completely.) "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 proposed on the Kissler and Kissler/Dealy annexation sites (aka Gateway Marketplace). located on the southeast comer of Eagle Road and Ustick Road. 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 ofthe use: uses listed as "permitted" shall not require CUP approval. All future buildings 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) (applicant wanted additional opportunities for surety that would allow for occupancy during winter months) . The "Owner" agrees that no Certificates of Occupancy will be issued until all improvements that are related to public life. safety. and health (ineludinl! but not limited to: water. sewer. and power facilities: parkin!! lot paving and stripin!!: and street paving) are completed unloss tho "City" and "O'Hners" have entered into afl aEldeHdl:lm agreement stating wheH the improvements will be completed iH a phased de':eloped; and in any eY08t, HO Certifieates of Occupancy shall be issued in any phase in ,,,,hich tho improvefFleHts have Hot beon installed, comploted, aHd aocepted by the "City". Where approved by the City Enl!ineer. an owner mav post surety for improvements that are not related to public life. safety. and health. including but not limited to Iandscapinl!. fencing. pressurized irri!!ation systems. and site amenities. in order to obtain City Engineer signature on the final olat and/or obtain a temporary Certificate of Occupancv: no permanent Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed. completed. and accepted bv the "City". ..' Landscape.Variances along Eagle Road: History CentrePointe Subdivision No.1 and CentrePointe North were granted approval, in June of 2006 and March of 2007, respectively, for counting adjacent ITD ROW for Eagle Road towards the landscape street buffer width. The landscaping buffer was approved at 20 feet, with 15 feet constructed within said ROW. We now have similar requests from Gateway Marketplace, Sade Creek Promenade, and Bienville Square for similar reduction to the landscape buffer along Eagle Road. Staff was able to make the same findings for all three applications: The variance shall not grant a right or special privilege that is not otherwise allowed in the district: The applicants are requesting to provide at least 20 feet of the required landscaping, with the remainder provided within the ITD ROW (15 feet minimum). All the applicants propose to also install and maintain the portion of the landscaping within the ROW. Staff believes that the intention of the buffer requirement will be served if the applicant landscapes the unused portion ofITD ROW, in addition to providing some buffer proposed. Further, the width ofthe landscape buffer provided will actually exceed that normally required if the surplus ROW is landscaped and maintained by the applicants. Staff is generally supportive of these requests and believes that a special privilege will not be granted to the applicants. The variance relieves an undue hardship because of characteristics of the site; When ITD purchased the ROW from the subject applicants, 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 owners are not burdened with maintaining and enhancing the surplus ROW after ITD completes the Eagle Road improvements, Staff recommends approval of the subject variance. The variance shall not be detrimental to the public health, safety, and welfare, Staff finds that allowing the landscape street buffer variances on Eagle Road will not be detrimental to the public health, safety, and/or welfare. Staff believes that these requests ni&iet the required findings for granting a variance and is recommending approval of the variance applications with the following provisions: a. Applicant shall meet all tenns and conditions of previous approvals. b. The Applicant shall provide a 20-foot wide landscape buffer along the Eagle Road frontage on the subject property and shall depict that on the final plat. c. The Applicant shall obtain approval from the ITD to landscape the surplus ROW for Eagle Road adjacent to this site. d. Landscape materials shall be generally installed as shown on the Landscape Plan and shall be in compliance with the requirements of the UDC. e. The applicant shall be responsible for constructing a 10-foot wide multi-use pathway within a public use easement. Said pathway shall be constructed within the boundary of the subject property along N. Eagle Road and not within ITD's ROW.