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HomeMy WebLinkAboutZamzow's Overland AZ-07-008 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVED JUL 1 0 2007 C~'ty Oferidian (jit C Office ~g /,nn~")~ .flj ..~. _ '" ~toridJan \ \,'CMliO i ,,;" Y ~...:. ~,. ~. ~ . I ,..- ~'~--'''''',):'''~"''' . -- .. lMl In the Matter of the Request for Annexation and Zoning of 3.32 acres from Rl to C-G, by J. R., LLC. Case No(s). AZ-07-008 For the City Council Hearing Date of: June 26,2007 (Findings on the July 10, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 26,2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 26,2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 26, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 26, 2007, incorporated by reference) B. 'Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C 967-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-008 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 not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and provisions ofthe Development Agreement, all in the attached Staff Report for the hearing date of June 26, 2007, 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 S 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation and Zoning request as evidenced by having submitted the Legal Description, prepared by Russell Badgley, stamped/dated 3/8107, is hereby conditionally approved; 2. The properties described in the Annexation legal description shall be zoned C-G as recommended by Staff and approved by the City Council; 3. A Development Agreement is required with approval of the subject annexation application and shall include the provisions noted in Exhibit B of the attached Staff Report for the hearing date of June 26, 2007, incorporated by reference. D. Attached: Staff Report for the hearing date of June 26,2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-008 By action of the City Council at its regular meeting held on the lolC- day of Jttbj ,2007. COUNCIL MEMBER DAVID ZAREMBA VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTED~ COUNCIL MEMBER JOE BORTON MAYOR TAMMY de WEERD (TIE BREAKER) VOTED ~ ~ COUNCIL MEMBER KEITH BIRD VOTED ,tf Attest: Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. B~ j().A()Sl'vSJ\u.vJ City Clerk Dated: (- 11- CJ, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-008 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 HEARING DATE: June 26, 2007 )" ctGridl~ '\ \ 11..>.'\HO f ~. . ~~ 1"- """~' ." "'''''''t_,. - .Im STAFF REPORT TO: FROM: Mayor & City Council Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Zamzow's Overland . AZ-07-008 Annexation and Zoning of 3.32 acres from Rl (Ada County) to C-G (General Retail and Service Commercial). . DES-07-004 Design Review for a structure on property adjacent to an entryway corridor. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, J. R., LLC, has requested Annexation and Zoning (AZ) approval of 3.32 acres from Rl (Ada County) to C-G (General Retail & Service Commercial District). Design Review (DES) approval is also requested because the location of the proposed structure is adjacent to an entryway corridor. The subject property is located on the northwest comer ofE. Overland Road and S. Jade Avenue, in the southwest ~ of Section 16, Township 3 North, Range 1 East, B.M. The subject property is within the City's Area ofImpact and Urban Service Planning Area. Approval of the subject AZ & DES applications would allow the applicant to obtain a commercial zone and construct a new 13,334 square foot retail facility for Zamzow's (pending CZC and Building Permit issuance). The applicant is also proposing to lease retail spaces in the subject building consisting of 5,152 square feet. The retail spaces are proposed to be attached to the main Zamzow's building. According to current City Code, retail stores are principal permitted uses in the proposed C- G zone (UDC Table ll-2B-2). The Applicant has not submitted a subdivision application at this time. However, the Applicant has submitted a concept plan for how the subject property may develop, and elevations for what the future building will look like. The applicant has requested DR approval at this time because the proposed structure will be located adjacent to an entryway corridor and the elevations approved with this application should comply with design standards. Staff has reviewed both the concept plan and the elevations and has included DA provisions in the staff report related to the submitted applications (AZ and DES). 2. SUMMARY RECOMMENDATION The subject AZ & DES applications were submitted to the Planning Department for concurrent review. Per UDC 11-5A-2, the Planning & Zoning Commission is required to make a recommendation to the Council on AZ applications; the Commission is not required to make a recommendation on DES applications. However, the Commission may review and make comments on the DES application, as this application is significant to the proposed development of this property. Any comments related to the subject applications (AZ-07-008 & DES-07-004) will be included in the Commission's recommendation to the Council. Staff is recommending approval of the Zamzow's Overland application (AZ-07-008 & DES-07-004) with a Development Agreement for the project. Zamzows Overland AZ-07-008 & DES-07-004 Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 The Meridian Plannin2 & Zonin2 Commission heard this item on Mav 17. 2007. At the public hearin2 they moved to recommend approval of the subiect AZ (and DES) request. a. Summary of Commission Public Hearine: i. In favor: Darin Eisenbarth {President of Zamzow's) and DOU2 Zamzow (Construction Manaeer for Zamzow's) ii. In opposition: None iii. Commentine: None iv. Written testimony: None v. Staffpresentin2 application: Sonya Watters vi. Other staff commentine on application: None h. Key Issue(s) of Discussion bv Commission: i. Visibility of the site from Overland Road t... Kev Commission Chan2e(s) to Staff Recommendation: i. Add requirement in the Development A2reement for the applicant to install security cameras near the entrance of the development .Ii. Outstandin2 Issue(s) for City Council: i. Applicant's request (see letter submitted bv Darin Eisenbarth, dated May 25. 2007) for City Council approval of the foUowin2 items: (Stafrs response in italics) . City acceptance of the Certificate of Zonine Compliance (CZC) application the day after Council approves the associated ordinance and development a2reement (tvpicallv. the Planning Department will not accept a CZC application until after the ordinance is published in the newspaper. making the AZ officia/). Staff offers to accept the CZC application anvtime after the Council heariml on the annexation and prior to the adoption of the annexation ordinance and development aereement. . Issuance of the CZC by the Plannin2 Department within one week of receipt of the application. Normal processine time for CZC's is 5-7 business davs. as requested bv the Applicant. . City acceptance of the buildine permit application and associated documents the day after Council approves the AZ ordinance and development 82reement and start review of the application immediately (tvpicallv. buildine permit applications are not accepted bv the Building Department until a CZC is issued bv the Plannine Department). Staff believes that this request is unfair to those applicants alreadv in the svstem. Further. Staff has experienced that is not appropriate. nor is it in the best interest of the Applicant or the Citv. to process the CZC and the buildine permit concurrentlv. . Issuance of an early start foundation permit by the Buildine Department within one week of buildine permit application submittal contin2ent upon their bein2 no maior desi2n. en2ineerin2. or detailine issues associated with the work authorized bv the foundation oermit. Tvpicallv. earlv start foundation permits are issued within 10 workine davs after receipt of the buildine permit application. The applicant mav contact Brent Biornson at 887- 2211 to request a shorter timeline: however the request mav not be approved. Please see Staffs response to the Applicant's request in the memo dated June 5, 2007 to Councilfor more information. The Meridian Citv Council heard this item on .June 26. 2007. At the Dublic heariD!! thev anDroved the subiect AZ (and DRS) reouest. .a. Summary of Citv Council Public Hearinl!: i. In favor: Darin Risenbarth: Doul! Zamzow Zarnzows Overland AZ-07-008 & DES-07-004 Page 2 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 ii. In oDDosition: None iii. Commentinl!: None iv. Written testimony: Doul! Zamzow v. Staff Dresentinl! aDDlication: Anna Canninl! vi. Other staff commentinl! on aDDlication: Len Gradv. Ron Anderson. and .John Overton b. Kev Issues of Discussion bv Council: i. Reouirementllocation of the 10-foot wide multi-use Dathwav ii. Addressinl! the DroDertv from Overland vs. Jade .t. Kev Council Chan!7es to Staff/Commission Recommendation i. Allow the DroDertv to be addressed off of Overland Road unless challen!7ed bv Staff. 3. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number AZ-07- 008 (and DES-07.004 optional) as presented in the staff report for the hearing date of June 26, 2007, with the following modifications to the proposed development agreement: (add any proposed modifications) Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number AZ-07-008 (and DES-07-004 optional) as presented during the public hearing on June 26,2007, for the following reasons: (you should state specific reasons for denial of the annexation request) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number AZ-07- 008 (and DES-07-004 optional) 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: 3620 & 3650 E. Overland Road and 1545 S. Jade Avenue (Lots 1-3, Block 1, Jewel Subdivision) Northwest comer ofE. Overland Road and S. Jade Avenue Southwest '4 of Section 16, Township 3 North, Range 1 East b. Property Owner of Record: J. R., LLC 1201 Franklin Boulevard Nampa, Idaho 83687 c. Applicant: Same as owner d. Representative: Douglas Zamzow, Zamzow's Inc. e. Present Zoning: Rl (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential Zarnzows Overland AZ-07-008 & DES-07-004 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 g. Description of Applicant's Request: The Applicant is requesting approval for Annexation and Zoning of 3.32 acres from RI to C-G and Design Review for a structure adjacent to an entryway corridor. h. Applicant's Statement / Justification: The Applicant's narrative states, "J. R, LLC (Zamzow's) plans to improve the existing property on Overland Road by constructing a new retail store facility and a shell/core facility for leasable retail spaces. The design and engineering of these improvements will be done by licensed professionals to meet all current code requirements. J. R, LLC and Zamzow's sincerely feel that the above described improvements will add to the success and flavor of the surrounding area and the City of Meridian." (See Applicant's narrative for more information. ) 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: Apri130, 2007 and May 14, 2007 (Commission); June 4. 2007 & June 18. 2007 (Citv Council) c. Radius notices mailed to properties within 300 feet on: April 20, 2007 (Commission); June 1. 2007 (Citv Council) d. Applicant posted notice on site by: April 30, 2007 (Commission); June 15. 2007 (Citv Council) 6. LAND USE a. Existing Land Use(s): There are existing homes and outbuildings on the site that will be removed upon development of the property. b. Description of Character of Surrounding Area: This property is located near a highly-trafficked intersection with commercial development proposed to the west and commercial properties across Overland Road to the south. There are existing residences in Jewel Subdivision to the north and east of this site. c. Adjacent Land Use and Zoning: North: Existing residences in Jewel Subdivision, zoned R1 (Ada County) South: Commercial property (Silverstone Subdivision), zoned C-G East: Existing residences in Jewel Subdivision, zoned R1 (Ada County) West: Vacant property, zoned C-G d. History of Previous Actions: This property is zoned Rl in Ada County and was previously platted as Lots 1-3, Block 1, of Jewel Subdivision and developed with residential homes in the County. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is currently sewer stubbed off of South Jade Ave approximately 60 feet north of East Overland road. Location of water: There is currently water stubbed off of South Jade Ave approximately 60 feet north of East Overland road. Issues or concerns: The applicant shall be responsible to install water and sewer mains to and through this development. Zamzows Overland AZ-07-008 & DES-07-004 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 2. Vegetation: There are some existing trees on the subject property that should either be preserved or mitigated for at the time of development. 3. Floodplain: A portion of this site along the north and northeast property boundaries is located within the floodway. A large portion of the north half of this site is also located within the 100 year and 500 year floodplains, in flood zones AE and X5, respectively. 4. CanalslDitches/Irrigation: The Five Mile Creek runs along the north and northeast boundaries of this property. 5. Hazards: Vehicular access to this site ~ This site has frontage on Overland Road and S. Jade Avenue. ACHD has not evaluated access on this site, as no development application was submitted concurrently with the subject annexation request. Staff can not guarantee the access proposed from S. Jade Avenue will be approved by ACHD Staff. Planning Staff is not aware of any other potential hazards on this site. 6. Proposed Zoning: C-G 7. Size of Property: 3.32 acres f. Summary of Proposed Streets and/or Access: Although no development is proposed at this time, the conceptual development plan submitted with this application shows a driveway access to S. Jade Avenue, a local street. The proposed driveway is located on the east property boundary, approximately 105 feet north of the south property line. Additionally, a driveway stub to the west is proposed for future connection to the planned Silverstone Avenue, along the west property boundary. No access points to Overland Road are proposed or approved with this application. Staff is supportive of the general location of the proposed access points to this site. However, Planning Staff can not guarantee that the proposed access points will be granted by ACHD in the location shown on the plan. ACHD will review the proposed access points to the site upon submittal of a development application. g. Landscaping: 1. Width of street buffer(s): Per City Code (UDC Table 11-2B-3), a 35-foot wide landscape street buffer is required adjacent to E. Overland Road, an arterial street and entryway corridor. A 10-foot wide landscape street buffer is required adjacent to S. Jade Avenue, a local street. 2. Width of buffer(s) between land uses: Per City Code (UDC Table 11-2B-3) a 25-foot wide landscape buffer is required between C-G zoned properties and residential uses. There are existing residential uses to the north of this site. 7. COMMENTS MEETING On April 27, 2007, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions in the attached Exhibit B. However, because this request is only for annexation, comments are for informational purposes only. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Low Density Residential." The applicant is proposing a commercial zone (C-G) rather than a low density residential zone, as designated for this property. Further, the applicant is not applying for a Comprehensive Plan Map Amendment for the following reason: The Comprehensive Plan (page 98) states that "the areas depicted on the Future Land Use Map are conceptual and, therefore, will require further analyses prior to the creation of a zoning map." Staff believes that a map amendment is not necessary and that the requested C-G zone and commercial use of this property would be more Zamzows Overland AZ-07-008 & DES-07-004 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 appropriate than a residential designation for the reasons stated below in Section 10, Analysis, for the AZ application. Per page 105 of the Comprehensive Plan, "Commercial" areas are anticipated to "provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices." Staff finds that the proposed for this property generally conforms to this stated purpose and intent of the commercial designation within the Comprehensive Plan. Staff finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (Staff analysis is in italics below policy): . Chapter VII, Goal IV, Objective D, Action 2 - "Restrict curb cuts and access points on collectors and arterial streets." On the submitted conceptual development plan, the Applicant is proposing a single access to Jade Avenue, a local street, approximately 220-feet north of Overland Road. A stub driveway is also provided at the west property boundary for fUture cross-access. ACHD has not yet reviewed or approved access to the site. City Staff is supportive of the proposed access to this site, as/if allowed by ACHD. . Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." Overland Road is classified as an arterial street and is designated as an entryway corridor into the City. By City Ordinance, 35-foot wide landscape buffer is required adjacent to Overland Road and a lO../oot wide buffer is required adjacent to Jade Avenue. . Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install and maintain landscaping." The Applicant is not specifically proposing to install any landscaping with the subject annexation application. Upon development of this site, the Applicant will be required to construct internal and perimeter landscaping. Said landscaping must be installed prior to Certificate of Occupancy of the proposed building on this site. . Chapter IV, Goal I, Objective A, Action - "Permit new... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." This property is contiguous to the City and sanitary sewer and water are readily available. . Chapter VII, Goal I, Obj ective B - "Plan for a variety of commercial and retail opportunities within the Impact Area." Staff believes that the proposed zone, which allows retail uses, does contribute to the variety of uses in this area which include: offices, restaurants, retail stores, coffee shops, and single- family homes. Staff finds that the proposed zoning to C-G is harmonious with and in accordance with the Comprehensive Plan. Staff recommends that the Commission and Council rely on Staff's analysis, other agency/department comments, and any other comments received regarding the appropriateness of zoning this site for retail stores. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. Retail Stores are listed as principal permitted uses in the C-G zone. Zarnzows Overland AZ..07..008 & DES-07-004 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 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. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: AZ Application: Approval of the subject annexation application would allow the Applicant to obtain a commercial (C-G) zoning designation for the subject property. According to current City Code, retail stores are principal permitted uses in the proposed C-G zone. The Applicant has submitted a conceptual development plan and building elevations showing how this site will redevelop with a single 18,486 square foot retail building, parking, and access to the site. The Comprehensive Plan Future Land Use Map designation for this property is Low Density Residential. The applicant is proposing a commercial zone, rather than a low density residential zone as designated for this property. As noted above, the Comprehensive Plan (page 98) states that "the areas depicted on the Future Land Use Map are conceptual and, therefore, will require further analyses prior to the creation of a zoning map." Staff believes that a Comprehensive Plan map amendment is not necessary and that the proposed C-G zone and commercial use of this property would be more appropriate than a residential designation for the following reasons: 1) the properties directly adjacent to the site on the west and south are zoned C-G and designated as Commercial on the future land use map; 2) the site is located on the comer of Overland Road and Jade Avenue, which provides a good location for corrunercial property and an access point that is not on an arterial street; 3) a large portion of the homeowners within Jewel Subdivision have been pursuing the sale and commercial redevelopment of their properties through realtors; 4) the proximity of this property to a major intersection (Eagle & Overland) with heavy traffic flows; and 5) a large portion of this property and surrounding properties to the north, northwest, and northeast lie within the lOa-year and 500- year floodplains and the floodway of the Five Mile Creek, making residences an unappealing use. However, because there are existing residences to the north and east of this site, and because the Future Land Use Map does designate this property for low density residential use, Staff recommends that the Commission and Council rely on any comments received from neighbors regarding the appropriateness of zoning this site commercially for retail stores. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed concept plan with the UDC for the C-G zone, Staff believes that the zoning of this site to C.G is in the best interest of the City. Please see Exhibit C for detailed analysis of facts and fmdings. The annexation legal description submitted with the application (stamped March 8, 2007, by Russell E. Badgley, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Conceptual Site Plan: The applicant has submitted a concept plan for this site. The site is required to comply with the design standards listed in UDC 1l.3A-19 because of the property's location adjacent to an entryway corridor. The applicant has submitted a Design Review (DES) application as required, with the subject AZ application. The concept plan shows one building consisting of 13,334 square feet for the Zamzow's retail store and 5,152 square feet for tenant retail shops (18,486 square feet total). The building is located on the northwest comer of E. Overland Road and S. Jade Avenue with parking proposed on the north side of the building. Staff is generally supportive of the submitted conceptual site plan for this property with the comments stated in this report. All parking stalls, drive aisles, landscaping, buffers, sidewalks, lighting, Zamzows Overland AZ-07-008 & DES-07-004 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF JUNE 26, 2007 signage, building height and building setbacks for this site should comply with the applicable provisions and dimensional standards set forth in the Unified Development Code for the C-G zone. Building Elevations: The building elevations submitted with this application prepared by Richard F. Sinnard, Architect (Sheet Number A4.1 and dated March 22, 2007), are required to comply with the design standards listed in UDC 11-3A-19 because of the property's location adjacent to an entryway corridor. Staff has reviewed the elevations and find that they will meet the design standards outlined in UDC 11- 3A-19 listed below if the Applicant complies with Staffs comments noted below. However, Staff is concerned about the appearance of the east elevation facing Jade Avenue, which is visible from Overland Road. The concept plan shows a 6-foot tall screen wall adjacent to the east end of the building. While this will help screen the loading area, Staff is concerned about the appearance of the east elevation from the street. Staff is requesting that the Applicant address at the hearing how the east end of the building/site will be designed (i.e. landscaping and/or any design features proposed for this area that will enhance the view) and bring an illustration of the east end of the site as seen from Overland Road. Additionally, the Police Department has noted in Exhibit B that they have concerns that the proposed development does not offer natural surveillance opportunities of the public areas. Further, the Police Department requests that prior to the City Council public hearing, the applicant meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The Applicant might consider flipping the east and west elevations so that the retail shops are on the east end, with Zamzow's on the west end, to provide a bener appearance of the development from Overland with more windows and no loading area. Because the retail shops are recessed from the Zamzow's store front this would also create a more open view of the site from Overland for surveillance purposes, as requested by the Police Department. The detailed site plan and building elevations submitted with any CUP and/or CZC application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit A of this staff report, and with the requirements of the subject Development Agreement, and with any revisions that the Police Department, Planning Department and/or City Council may have, as noted above. Existing Structures and Uses: There are currently residential homes on this property that will be removed upon development of the site. Access: The conceptual development plan submitted with this application shows a driveway access to S. Jade Avenue, a local street. The proposed driveway is located on the east property boundary, approximately 105 feet north of the south property line. Additionally, a driveway stub to the west is proposed for future connection to the planned Silverstone Avenue, along the west property boundary. No access points to Overland Road are proposed or approved with this application. Staff is supportive of the general location of the proposed access points to this site. However, Planning Staff can not guarantee that the proposed access points will be granted by ACHD in the location shown on the plan. ACHD will review the proposed access points to the site upon submittal of a development application. Hours of Operation: The applicant stated in the application that the hours of operation for the businesses on this site will be from 8 am to 8 pm, seven days a week. Landscaping: East Overland Road is classified as an arterial roadway and an entryway corridor into the City; as such, a 35.foot wide landscape buffer is required along Overland. South Jade Avenue is classified as a local street; as such, a la-foot wide landscape buffer is required along Jade. There are existing residential uses to the north and east of the site; a 25-foot wide landscape buffer is required between C-G zoned property and residential uses (UDC Table 11-2B-3). All Zarnzows Overland AZ-07-008 & DES-07-004 Page 8 CITY Of MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 landscape buffers will be required by the City with future CUP/CZC approval and shall be installed prior to issuance of Certificate of Occupancy. Multi-Use Pathway: The proposed pathway network plan shows a portion of the City's multi- use pathway running along the southwest corner of this site. A to-foot wide multi-use pathway will most likely be required on this property, with the exact location to be determined with the approval of the Pathways Master Plan. Floodplain: A portion of this site along the north and northeast property boundaries is located within the floodway. A large portion of the north half of this site is also located within the 100- year and 500-year floodplains, in flood zones AE and X5, respectively. The proposed building location is outside of this area. Any work or improvement within the flood way or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. Parking: For connnercial uses, off-street parking stalls are currently required at the rate of one space per 500 square feet of gross floor area (UDC ll-3C-6B). Parking on the site will be reviewed for compliance with UDC standards at the time of CUP/CZC approval. Also, no linear grouping of parking spaces shall exceed twelve (12) in a row, without an internal planter island per UDC ll-3B-8C. Staff has reviewed the parking, drive aisles, and planter islands shown on the conceptual site plan and they appear to meet the aforementioned UDC requirements. Development Agreement: UDC ll-5B-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the proposed use and the adjacent residential uses, Staff believes that a Development Agreement is necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties. If the Commission or Council feel additional development agreement requirements are necessary, Staff recommends a clear outline of the commitments of the developer being required. A Development Agreement (DA) will be required as part of an annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within six months of Council approval to initiate this process. The DA shall include, at minimum, the following: · All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. · The site shall comply with all of the design standards listed in UDC ll-3A-19C, including the following: A continuous internal pedestrian walkway that is a minimum of eight feet in width shall be provided to the main building entrance from the perimeter sidewalk along Overland Road, Jade Avenue, and from the west property boundary for future connection to the planned sidewalk and street (Silverstone Avenue) adjacent to the west property boundary. Further, the required walkway to Jade Avenue should be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks. . The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department for all new construction on the subject property. . The detailed site plan and building elevations submitted with any CUP and/or CZC application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit A of this staff report and with the requirements of the subject Development Agreement. Zamzows Overland AZ-07-008 & DES-07-004 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ruNE 26, 2007 · The applicant shall be responsible for all costs associated with sewer and water service installation. · Direct access to this site from Overland Road shall be prohibited. Access to the site shall be provided from Jade Avenue and a driveway access to the west property line for future connection to the planned Silverstone Avenue shall be provided as shown on the conceptual development plan submitted with this application. · A minimum 35-foot wide landscape buffer will be required and shall be constructed along the entire frontage of E. Overland Road in accordance with UDC 11-3B-7, when a CUP and/or CZC is reviewed and approved in the future. . A minimum 10-foot wide landscape buffer will be required and shall be constructed along the entire frontage of S. Jade Avenue in accordance with UDC 11-3B-7, when a CUP and/or CZC is reviewed and approved in the future. · A minimum 25-foot wide landscape buffer shall be constructed adjacent to any existing residential uses which abut this site in accordance with UDC ll-3B-9, when a CUP and/or CZC is reviewed and approved in the future. . At the time of CUP and/or CZC approval, a 10-foot wide multi-use pathway will be required on this property, subject to adoption of the Pathways Master Plan. . Sidewalks shall be constructed along E. Overland Road and S. Jade Avenue. . Any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. . The applicant shall complete all required improvements prior to obtaining a Certificate of Occupancy for any new use or change in use of the site. DES Application: Because the subject property is located adjacent to an entryway corridor, all structures proposed for the site are subject to the design standards listed in UDe 11-3A-19C, as follows (staff analysis in italics): 1. Architectural Character: a. Facades: Facades visible from a public street shall incorporate modulations in the fa9ade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. The fm;:ade visible from Overland Road has modulations in the fa9ade, roof line recesses, and projections that meet this requirement (38%). The fa9ade visible from Jade Avenue has modulations in the parapet that comply with this requirement (37% modulation in height). b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. The primary building entrance for Zamzow's is defined by a tower (silo) element jacing the parking area. The building entrances jor the tenant spaces are defined by an awning over each of the entrances. The windows and awnings shown on the south elevation (Overland exposure) and the east elevation (Jade exposure) exceed the required 30% ofthefa9ade. c. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. The proposed roof design incorporates 2 roof Zarnzows Overland AZ-07-008 & DES-07-004 Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 26, 2007 planes, two parapet heights, and a 2-foot tall cornice created by different size, color and finish of block, which complies with this requirement. d. Pattern variations: At least two (2) changes in one (1) or a combination of the following shall be incorporated into the building design: color, texture and! materials. The building design incorporates integral colored CMU (concrete masonry unit), glass, steel and corrugated metal. The main walls of the building are constructed of smooth face, split face, and ground face block in 8, 10, and 12 inch sizes with four difference colors, which complies with this requirement. e. Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. All mechanical equipment will be screened by the parapet as required. 2. Color and materials: Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth- faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. The building is proposed to be constructed primarily of integral CMU with various finishes and textures, with steel and corrugated metal as accent materials, which complies with this requirement. 3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front fa<;ade of the structure and abutting streets, unless the principal building(s) and/or parking is/are screened from view by other structures, landscaping and/or berms. None of the off-street parking is located between the front fafade of the structure and abutting streets, which complies with this requirement. 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. An 8-foot wide walkway is proposed from the main building entrances to the sidewalk along Jade Avenue. Additionally, a walkway that meets the above stated requirements should be provided to the sidewalk along Overland Road and the future sidewalk along the road planned adjacent to the west property boundary (Silverstone Avenue). b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. The internal pedestrian walkway that is required to the west property line and Overland Road do not cross any driveways. The required walkway to Jade Avenue should be distinguished from the vehicular driving surface as stated above. c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is greater than one-hundred fifty (150) parking spaces or two hundred feet (200') away from the main building entrance. Less than 150 parking spaces are provided on this site and all parking spaces are within 200 feet of the building entrances. This requirement is not applicable to this site. d. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty feet (20') of all customer entrances. The elevations show an awning over the entrances of all of the tenant spaces and a silo design feature over the entrance to Zamzow's, which complies with this requirement. Zamzows Overland AZ-07-008 & DES-07-004 Page 1 ] CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARJNG DATE OF ruNE 26, 2007 Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) pennit is to ensure that all construction, alterations and/or the establislunent of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-5B-lA). To ensure that all of the requirements of the Development Agreement as listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to building/parking lot construction, and all improvements must be installed prior to occupancy. b. Staff Recommendation: Staff recommends approval of the subject application Az,.07-008 (and DES-07-004) with the Development Agreement provisions listed in the in Exhibit B of the Staff Report for the hearing date of May 17, 2007. The Meridian Plannin!!: & Zonin!!: Commission heard this item on Mav 17. 2007. At the public heario!!: they moved to recommend approval of the subiect AZ (and DES) request. The Meridian Citv Council heard this item on .June 26. 2007. At the DubHe hearing thev annroved the subiect AZ (and DES) reouest. 11. EXHmITS A. Drawings 1. Vicinity/Zoning Map 2. Conceptual Development Plan (dated: 5/4/07) 3. Conceptual Building Elevations (dated: 5/4/07) B. 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