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HomeMy WebLinkAboutGateway Marketplace VAR CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ..~ ~O /fITYi).'r~, \./Vterldian~J ,- '''\ \ If).'iiO ~ .~ } ~. ..- ~~ In the matter of the Variance request to UDC Table 11-2B-3 and UDC 11-3B-7C2 to allow a I5-foot wide portion of "surplus" ITD right-of-way along N. Eagle Road to count toward the required 35-foot wide street landscape buffer and Development Agreement 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. Case No(s). V ARH07-010 & MI-07-008 For the City Council Hearing Date of: July 3, 2007 (Findings on the July 17, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 3,2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 3,2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 3, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 3,2007, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-07-0l0 & MI-07-008 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 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. 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 provisions of the Development Agreement and Variance all in the attached Staff Report for the hearing date of July 3,2007, 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 9 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 request for a IS-foot wide portion of ITD right-of-way to be counted toward the required street buffer along N. Eagle Road is hereby approved with the provisions noted in the attached Staff Report for the hearing date of July 3, 2007, incorporated by reference.; and, 2. The Applicant's request for a Development Agreement modification is approved as shown in the attached Staff Report for the hearing date of July 3,2007, incorporated by reference. D. Attached: Staff Report for the hearing date of July 3,2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-07-010 & MI-07-008 By action of the City Council at its regular meeting held on the ,2007. day of COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYORTAMMYdeWEERD VOTED MAYOR TAMMY de WEERD ATTEST: WILLIAM G. BERG, JR., CITY CLERK Copy served upon: Applicant Planning Department Public Works Department City Attorney By: City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-07-01O & MI-07-008 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 STAFF REPORT HEARING DATE: TO: FROM: SUBJECT: . MI-07-008 _ '~l \. " ~ ~ ! 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 1. 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-03-018). 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-07-01O & MI-07-008 Page I 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 1 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 fmdings required in the UDC in order for the City Council to grant a variance. (See Analysis, Section 8, of this report, for more details.) SUMMARY RECOMMENDATION: (Insert after Commission Summary) The Meridian City Council heard these items on .Julv 3.2007. At the nublic hearin!! they annroved the suhiect V AR and MI reouest. a. Summarv of City Council Public Hearinp: i. In favor: Tamara ThomDson (Annlicant) ii. In oDDosition: None iii. Commentinp: None iv. Written testimony: None v. Staff nresenting annlication: Anna Canning vi. Other staff commenting on annlication: None h. Kev Issues of Discussion bv Council: i. Removal of orip-inal nossihlv outdated Comnrehensive Plan nolicies and snecific reouirements from ACHD. Meridian Fire Denartment. and ITD noted in the Develonment A!!reement. ii. If the suhiect right-of-wav (ROw) is indeed surnlus and if this ROW will he used in the future for widenin!! of Rap-Ie Road and the nronosed buffer removed. & Kev Council Chanl!es to Staff Recommendation i. Include a note in the Develonment Agreement that if there are conflicts with agency comments. the most current comments/conditions will annlv. 11. The Annlicant shall submit a Certificate of 7..oninp- Comnliance for the internal traffic circulation and narkin!! on the site. 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 findings 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 fmdings document for denial. (You should state why you are denying the request.) Gateway Marketplace V AR-07-010 & MI-07-008 Page 2 CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARlNG DATE OF JULY 3, 2007 Continuance I move to continue File Numbers V AR-07-010 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 ~ 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 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 11~2B-3 and UDC 11-3B-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 subj ect 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 (ITD) 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 11-5A- 1), a public hearing is required before the City Council on this matter. Gateway Marketplace V AR-07-01O & MI-07-008 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 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 KoW'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 4. East: Commercial (unimproved), 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-03-0l8) 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-03-018. };. On July 13, 2004, the 5+/- acre Kissler/Dealy property directly east of the Kissler property on the southeast comer of U stick 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 counting 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 Gateway Marketplace V AR-07-01O & MI-07-008 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 1. Public Works Location of sewer: Extension of mains in U stick Road I Sadie Creek Location of water: Extension of mains in Ustick Road I 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 I Ditches I 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 11-2B-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 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. V AR Application: The Applicant is requesting a variance to UDC Table 11-2B-3 and UDC 11- 3B-7C2 to allow a IS-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 (11-3H-4C3) requires a 1O-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 lO-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 Gateway Marketplace V AR-07-010 & MI-07-008 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 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 ofthe 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 ifthe 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, mstrument No. 104107406, approved with the Kissler annexation (AZ-03-0l8). ). This DA modification also proposes to include the 5+/- acre property to the east annexed as the Kissler/Dealy property (AZ-03-022, DA mstrument 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 Kissler/Dealy 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 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. Staffis generally supportive ofthe 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 AClID, the Meridian Fire Department, and the Idaho Gateway Marketplace V AR.07.0l 0 & MI.07-008 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Transportation Department without their approval. Please see Staff's recommended changes to the DA listed in Exhibit A.4 of this 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 ofthe variance with the following provisions: a. Applicant shall meet all terms and conditions of approval of the annexations (AZ-03-0 18 & AZ-03-022), development agreement (Inst. No.'s 104107406 & 104093292), preliminary plat (PP-06-002), and variance 01 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 conunon lot, in accordance with UDC 11- 3B-7C2b. c. The Applicant shall obtain approval from the ITD (right-of-way encroachment pennit) 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. e. The applicant shall be responsible for constructing a lO-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 UDC 11-3H-4C3. f. All structures within Gateway Marketplace Subdivision shall submit a design review application and comply with the design standards listed in UDC 11-3A-19C at the time of Certificate of Zoning Compliance application, per condition of approval of PP-06-002. The Meridian City Council heard these items on Julv J. 2007. At the DubHc hearinv thev aDDroved the subiect V AR and MI reouest. 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-07-010 & MI-07-008 Page 7 CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Exhibit A-I - Zoning/Vicinity Map ~;J?~~ Um ,Y/r '\ =rrd~1 l..~ 0 [~: gEU ,..i=1iil L 'y ~~: II" ~I}= ~ ~ z-~ ~ -71. I ~ .11111111 :::>-J- ~ --.r- '\ -- rr--;;:: I-- ~T _b'l. 11""_ "-' ~ </.1111111111\" I 1 kI . .:;j r.!...~. IIJ -J -.- - '----- -it. ________... )1 - ......,..~ RI ~ ii.._ :z ~ ~~I ~_ _.! ,.' ~ ~ /; -J ,. I IE L 5L\ b~/ .' . ~ ---- / ". ~ 'II -i -- .... I- !II ___ IL,I .. ' :: ")- i! I \ \ ., .. 1 H"" "l'l: ,. I~I ,., ,.-- =! ' =~i::s -"'- ';::111 ... '31 _ '.'. ~ Rl ,,>-llf ::JD,.';:'~ R-8 'lYIll.. ~ ::,ZII ;\!::'i - Rl rJZ:~ =;r~C 8d~N.dE IDA Rlt--,,/;f;(/',;:K'Tlllr I I n8J j ___,.....i.I",..-..--..',.,~__ z .... R-15 R-8 ~ R-4 Vl Z - D A l:J ~ il A-I W BALD CYPRESS ST L~~L W fRINGEiREE T R-IA T \ ","--'O'R- W D[ LELEAt'DR' -i3~DCYPRESS ST '1-- ) PINYON J1C'%. % --- ~ \)~ .~ Co -q!, ~ ~ g \~ ~ Site ::E. ~ -;. ~ a~ f-1t r ~J .... ~ .K.L III '---- ~ ~ t~c~ OJ i::i ~ :I: !; <t Z --...." lOI DE Iffi :~r \~ ~-~~--m 11'-,."-.."-....-.-.-."...:;: ,\, ~ =~ c - i"' w~ ~'~I.I'_- :tJ;1E- _1,"P !If_: II '_ T)1 "'"~ =oJ 1---" I- -t J=r-;" I[ ", II IE lj I'll ::; 0,[-- Ll G ~,j I T" TnT"" F r- I ~ 1--. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Exhibit A-2 - Landscape Plan ITDROW (Varies 16'-26') 20' Wide Buffer (on-site) I I ../1 ',_.,-- ) " ~~__~~.~~~~J 'i....~_ -'- ! I I 1 , II. 1 , I II,I ,1,1 III ~ II' If I~~ II~:~ - ~il .. 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" BUrveyOnll 120 N. C1II1ia Rd. BoiH. JUho 83706 (2(J8) 376-855S Fu (208) 429-9862 P.N.2279 0eI0ber 20, 2005 USTICK PROPERTY BOUNDARY DESCRIPTION A pIroIl of land lyiDg in the Nordnvest 114 of Scution 4. T.3N.. alE., B.M.. Ada Camty.ldIho. IOd betas more paticularIy dcecribed II MowJ: COIDIIlUGiDs II tho NorthMlt <:o1'Iff of said Seetion 4, thenee S ., 49'08" E alons the Narda bouadary ofllid SecIioa 4 and the __tino ofU.tick Road h. distance of 91.62' ... theaoe leaviDa sald Nri boundary 8Dd ceaaedine S or 50'52" W 1br. 4I1taIOe of 77.96 feet to I poidt 011. the South rtaht*way liDe otUstkk... being the REAL POINT 01' 8IGJ1lOO1l(GJ thenoe a10l11 Aid South rightoof..way li. for the followiag 13 ClOUI105: N 44' 02'14" B 1br a dislalUle of 47.06 feet; thence S 89' 49'08" B tbr a disIance of262.8J fcot; dJeDce S 42' 51'21" Bf'oradiltlnceof41.18 feet; thence N 81 17'10" B for. diltUoO ot29.03 _ thtace N 4Z 43'35" B tor...... of 40.57 feet; thence N 89' 13 '34" B for a diatueo or 179.28 feet (formerly ~1Oribecl8S 179.20 feet~ theaoe S Of! 35'55" E fbra di__ of 15.25 fed; thence S 89' 49'01" E tbr a dlst8llce of 10.00 teet; tbeaGe N 00' 35"55" B for a dllIaDce of 15.41 feet; tbeItce N 8V 13 "34" ~ for a diItence 01'81.01 feet; C:~(D7~~"'doc-l. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 thence S 43' 19'18" E for a distance of 4 J .37 feet; tbeoce N 89" 48"02" E tbr a distaoce of 39,00 feet; thIace N 43" 12'19" B for a diltaneo of25.70 feet (tormerty described as 25.84 feet); theaoe IeaWIs aid South rish&--of-way lino S Of! 3S'OO" W tor a cIi&hlrlCle of 1241.57 feet to the South boundary of Govemmeat Lot 4 of saUl Section 4; thence N 89' S ]'00" W aIoas said South bouadary for a disttu:u:e of 61.35 feet; thence.leaviDs said South boundery S 00 36'13" W for a dilt8Dce of93.77 feet; theace N 89' SI'OO" W fOr a distInce of100.02 feet to a point on the Eat risbt4-way line ofBagle Road; thence N OU 36'1]" E alooa .at BaIt rigJt..of.way liDe ibr a dittaDce of 114.17 feet; theace N or 50'52" B contim.Ung atooa said right-of-way line for. distanee of 1193 .33 feel to the POINT OF BEGJNNJNG; cont~ining 22.85 acnu of land, more or less. Prepared by: Todd R.. Waite P.L.S. c:\Prqjectl\Ulli (2279)\DDcmmcIdI1diaIrdeso.~ 2 . CITY OF MERIDIAN PLANNING DEP ARTMENT STAfF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Exhibit A-4 - Development Agreement Modifications+ Include a note in the Develonment Agreement that if there are conflicts with agencv comments. the most current comments/conditions will aDDlv. Include a Drovision in the DeveloDment Agreement that the Annlicant shall submit a Certificate of Zonin" ComDliance for the internal traffic circulation and DarIdn" on the site. 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 KisslerlDealv properties, which shall obtain desil!ll review approval at staff level prior to or concurrent with the Certificate of Zoninl! Compliance application. prior to submittinl! for buildinl! 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 followinf! conditions pertain to annexation of the subiect property (AZ-03-018) in 2003. Please see site specific conditions relatinf! to Gatewav Marketvlace for more current conditions of approval.) Section 6.A.3: (page 5) "Except for the properties located on the southeast comer of Eal!le Road and U stick Road. annexed as the Kissler and KisslerlDealy properties (aka Gateway Marketplace), which shall comply with the Findinl!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) "Adopt the Recommendations of the State ofIdaho Transportation Department as follows: [see V AR-06-002 (Gateway Marketplace), and V AR-OS-023 (Bienville Square)l" CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007 Section 6.E.l (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 proposed on the Kissler and Kissler/Dealy annexation sites (aka Gateway Marketplace). located on the southeast comer of Eagle Road and U stick Road. listed in UDC Table ll-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 Kissler/Dealy 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 tho "City" and "OwRers" Have entered iRto an addeool:lffi ag-reeffil2lat stating "'!Hen the improvemeRts will be eompleted iR a pHased de';eloped; and in any eveRt, RO Certifieates of Oeel:lpaaey shall be issued in any phase iR ',vh4eh the improvements have Rot beeR iRstalled, completed, and accepted by the ~. Where approved by the City Engineer. 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 irrillation systems. and site amenities. in order to obtain City Engineer signature on the final plat and/or obtain a temporary 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 V AR- 06-002 in Exhibit B as follows: CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER "f~. '. 't: ^ ." otG;;di;~~ -I'; ~. I~ ).,...( I .! '... )1 "'t..!:~".!.,....!,,,, ',,_"' },_.>!,'''' 1/ ~,~.~ 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 1. 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 uf July 18, 2006 incorporated by reference) 3. Application and Property FlICts (scc attached Staff Report for the hearing date of JulylS, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 18, 2006 incorporated by reference) B. Conclusions of Law 1, The City of Mcridian shall cxercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. 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 II-SA. 4. Due consideration has been given to the comment(s) received from the governmental ~ubdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERlDJAN FINDINGS OF FACT, CONCLr.;SlONS Of LAW AND DECISION & ORDER CASF. NO(S)- Pp-06-0m- PAGE I of4 CITY OF MERIDlANPLANNINGDEPARTMENT 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 dIe City has grltnleu Itn oruer of appro viti in Itccordance 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, th\: 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 hCaring 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 ~ J I-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: I, 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!c road. with applicant uarticiuatin2 in the construction costs I" reCluired bv AClID. 4. Access to Ea21e Road shaD be as approved 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 if the applicant fails to record a final plat within two (2) years of the approval of tile preliminary plat or one (1) year of the combined preliminary and fmal 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 cQnfoulIs substantially to the approved preliminary plat, sUl;h segments, if submitted within successive intervals of eighteen (18) months, may be considered for final 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 J 1-6B- 7.A, the Director may authorize a single ex,tension of time to record the final plat \10[ to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as CITY OF MERIDIAN FINDINGS OF fACT. CONCLUSIONS OF LAW AND DECisiON &. ORDER ('A!\F NO(S) l'l'-OIi.002.I'AGF 2 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 determined and approved by the City Council may be granted. With all extensions, the Director or City Couneil may require the preliminary plat, combined preliminary and tinal plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. !'iotiee 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 permit cntitles 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) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will tolllhe 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 9 67-6521 an affectt:d plJrson 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. F. Attached: Staff Report for the hearing datc of July 18, 2006 CITY OF MERIDIAN FINOINGS OF FACT, CONCLUSIOl\S OF LAW AND DECISION & ORDER CASE NO(S). PP-06.002- PAOE 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 fAt? ,2006, COUNCIL MEMBER SHAUN WARDLE ( fj rt _ day of VOTED___~ COUNCIL MEMBER JOE BORTON VOTED ~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED --=- Attorney. By:Ji}>.C\ ~ t\ Q Cl l. ' City Clerk Dated: 1- '20 -Ol:> 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 DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLAN/;INCi DEPARTMENT STAFF I<HURT FUI< lH>. H~AKINU UAIE UI,' -"1~/J006 5T AFF REPORT Hearing Dale: ApFiI18, 2gg~ Revised for}ulv I R, 2006 hearing Meridian City Council Planning Commission Staff: Joe Guenther, Associate City Planner Anna Canning, Director Meridian Planning Department 208-884-5533 "l~" ~'f . . f It' ,I ,Iii! ~nd/dn ",; TO: FROM: 1:).\Hc'! " ',' " ;! / ....~ ...~. \.":r. '. !:~;"-tf_~."I.. f,~. ......':'" S ""'tJ~~.' ,,.. 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 approval of a Preliminary Plat for 18 commercial lots to construct up to 250,000 square feet of retail and restaurant uses on approximately 22.85 acres within the Gateway Marketplace development at the Southeast comer of Us tick Road and Eagle Road/SH-55 with a Variance to Chapter 3 Article n oflJDC for access to Eagle R"ild. This is the second application and would be the third commercial project constructed within the Kissler annexation project AZ-03-018 where Sadie Creek Promenade and Bienville Square Subdivisions are also included with the subject annexation. The 22.85-acre sitc was approved for annexation with a Development Agreement (DA) in April 2004 under the name Kissler Annexation (see File No. AZ-03-018). The DA (Instrument No. 104107406) requires Ihal >my fulure use be consistent with the apPl'oved plans fOl'the annexalion. A concept plan for the overall site was submillcd 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 fol' the firsllimt;; UII Febru8lY 16, 2006. On February 16, 2006 the Planning Commission detailed their concerns on landscaping, interconnectivity. building 1 aynut and parkine lot configuration. The main point of discussion was on the potential future public road which would provide connectiOIl from the site to the east and connect with Allys Way and the access points to Eagle Road. The commission made a recommendation to see a redesign citing staffs cOllcems and mcluded a public road connection to Eagle Road at the southern property boundary. The commission made a second motion to direct staff to work with ITU and ACHD and forward to the City Council a recommendation to have a signali2'l'd intersection with a puhlic street connection at the Yo 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 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 on March 22, 2006. At the meeting lID 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. Staff feels that the future collector road east of the site sufficiently addresses the intercOWlcctivity of the site and may be substituted as a trontage road in cooperation with the adjoining properties (Una Mas and ACHD annexations). The design will provide a public street a,,"CSS to Ustick Road with the three points of cross access to the east, and potential future public stred south of the site to access the future Allys Way. Galoway Mayletplaee Subdivision PP-06-002 page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF illL Y 3, 2007 nTY OF MERIDIAN fLANNINO DEI'ARTMENT STAFF REPOkl FOR. THE HLAKINlJ llAf"- ()~ '1.'1~:211U6 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). ACHD would not approve a public road connection to Eagle Road and would only considl;:r a public road connection to Yo 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 intercolUlectivity by allowing two points of connection to Vstick Road, three points of connection the future collector road west of the site, and cross access to the south where the future signalized intersection with River Valley Drive will connect to Eagle Road. Staffis recommending approval oflhe subject application (PP-06-002) with the conditions contained in Exhibt C of this report. Staffis also recommending denial of the access variance (VAR-06-002) as outlined in the Variance staff report also to be heard on April 18, 2006. Thc Meridi811 Planning and Zoning Commission heard the item on March 16, 2006. At the March 16, 2006 public hearing they moved to recommend approvaL a, Summary of PubUc Hearin2: i. In favor: Tamara Thompson (applicant's representative) ii. In opposition: None. iii. COlllllle.lllillg: NOliI'. iv. Staff presenting application: Joe Guenther v. Other staff commenting on application: None. b. Key Issues of Dlseussion by Commission: i. Constructing sidewalk along McMillan Road and Meridian Road with the first phase ofthe development. e. Key Commission Changes to Staff Recommendation: i. Including a full access to Eagle Road at ~ mile south of V stick Road. ii. Supporting a public road connection at \4 mile south orVslick Road. d, Outstanding Issue(s) for City Council: i. Yagle Reali 1\6S88S JlSHtfS 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 staff report for the hearing date of April 18, 2006. and the preliminary pIal labeled PP-I, stamped REVISED March 10,2006 wilh the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all staff, applicant and public tl;:stirnony. I move to d,,,,y 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 dl;:nial of the alUlexation or plat and you must state specific reason(s) for 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 reasou(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Lotalilln: SF; comer of Vstick Road and Eagle RoadfSH55 Township 3N, Range IE, Section 4 Oateway Marketplace Subdivision PP.06-002 page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY Of MfRlDJAN PLANNING DEPAKTMENT STAff REPORT fOR THE IlEAIUNG DATE Of 7, IUZVCl!, b. Owner James Kissler 1125 W. Amity BoiseId 83705 c. Applicant: Landmark Development Group, LLC Tamara Thompson 1882 Toluka Way Boise ID 83702 d. Representative: Tamara Thompson, Landmark e. Pre5ent Zoning: General Retail and Cummercial (C-G) (AZ-03-018) f. Present Cumprehensive Plan Designation: Mixed Usc-Rcgional- 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. See Exhibit A (prepared by LandtnarkDevelopment Group LLC) for a copy of the detailed site plan which depicts the lot layout, building, parking and access loeations_ Exhibit B shows the proposed landscape plan. h. Applicant's StatemenUJustification: The application notes that the mixed use regional designation provides for the overall site to be developed with a mixture of RctllillRestaurant /Drive tbm and other Commercial and office uses oriented around automobile traffic. Thc 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 stroctures along the gateway corridor. 5. PROCESS FACTS a. The subject applications will in tact constitute preliminary plals as determined by City Ordinance. By reason of the provisions of the Unified Development Code Tide 11 Chapt~ 6, a public hearing is required before the City Council on this matter. b. Newspaper notifications for inilial hearinl( published on; Council- March 27 and April 10,2006 c_ Radius notices for initial hearinq; mailed to properties within 300 feet on: Council- March 24, 2006 d. Applicant posted notice on site for initial heanlllo! by; April 7, 2006. e. City Council conducted the initial heariJ;Ij~ for this item on ADril18 _2006 and aDProV,llJi the Proiecl. Before the findinlls were adOPted. the applicant reQuested recollside,,,-tiull_ The reconsideration hearinll was initiallv scheduled for June 6, 2006 and continued to June 27. 2006. Thc Moiect was aRain continued to Julv 18. 2006 in onlt:r Lu inwrnural"d ACIID conditions of approval (see Exhibit B for ACHD' s condition~ f. Newspaper notifications for Council reconsideration hearinl! nublished on: MID' J 5. 2U06 and Mav 29. 2006. 11- Radius notices for Council reconsideration hearilllo! mailed tq~~pnenies within 300 feel on: May 11. 2006 h. Anolicant DUsted notice on sile for Council reconsideration heating by: Mav 27.2006. Gateway Marketplace Subdivision Pp.06-0Cl2 page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMIONT STAFF REPORI fOR THE HJ;ARING DAne OF'n !/Z()(l6 6. LAND USE a. Existing Land Use(s): Bare land, single family residence b. Description of Character of Surrounding Area: Laf(~e lot residential, highway-orient",d selVices, rapidly urbanizing. c. Adjacent Land Use and Zoning 1. Nonh: Future pad sites within Schmitchgcr Subdivision, Lowe's site zoned CoG. 2. West Sadie Creek Promenade Subdivision, BienvilIe Subdivision proposals, zoned C.G, Rl, 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 nc:vdopmcnt Agreement for various High Density Commercial, Multi-family Residential, transitional. and office uses tmder }lile AZ-03-0l8. 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 anncltation leaving Qut parcels which were addressed with the original conceptual plan. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in Ustick Road Location of water: Extension of mains in Ustick Road Issues or concerns: Water main comection in Eagle Road is required. 2. Vegetation: AgrieulturaJ/Irri gated 3. Floodplain: N/A 4. CanalslDitches Irrigation: The Milk Lateral bisects the property 5. Hazards: None identified 6. Size of Property: 22.85 acres 7. Description of Use: Up to 250,000 square tect of Retail, Commcrcial, ilUU Restaurant uses and associated parking aud landscape improvements. f. Subdivision Plat Information- The submitted plat contains 18 lots in a C-G proposed zone with conullcrcial uses, Conunercial uses are shown to be 11 mix ofrcslaurantlretail spaces with six "ppruximate 30,000 square foot buildings and 8 approxin1ate 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): Per the Future Land Use Map, both USlick Road and Eagle Road are designated as "Entryway Corridors." As such, the UDC (Table Il~2B+3) requires a 35-foot wide street buffer adjacenlto both roadways. The landscape plan (Sheet Ll.l) proposes a 35-foot wide buffer along both Ustick and Eagle Roads. If the Gateway Mal'Ketplace Subdivision PP-06-002 page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITV OF MERIDIAN PLANNING DCPARTMENT STAFF REPORT fOR THE HI:AKINU DATE Of 7/18/2U06 applicant proposes to construcl the" Entryway Corridor" buffers in casements lhey must meet the landscaping standards required in the VDe. 2. Percentage of site as open space: The UDC does not require opcn space Or sit<: amenities for commercial uses. 4. Other landscaping standards: The landscape buffer along Ustick Road should be constructed in accordance with UDC Chapter 3, Article B. h. Planned Development Characteristics N/A i. Conditional Use Information: 1. Non-residential square fontage: 250,000 2. Proposed building height: 65 teet 3. Percentage of site 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 othcr uses: N/A 7. Number of Residential uruts: N/A j. Amenities - The applicant is not required to provide an amenity k. Off-Street Parking (residential uses) - N/A 1. Proposed and Required Residential Standard. - N/A m. Proposed and Required Non-Residential Parking - One off-street parking space required for eve'Y 500 "'Ill are feet of gross floor area. This may be addressed during detailed CUP rcvicw, CZC review, and/or building design review but the design appears 10 meet the: minimum standards of the UDC parking requirements. n. Sumrna'Y of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant i. proposing two new access points to Eaglc Road/SHSS to scrve the Gateway Marketplace proj ect at approximately 700 feet and 1200 fect south oftbe Ustick!Eagle Intersection. As noted above, ITD must issue a right~inlright-out permit and a full access pennit for this site, and the access is further contingent on the Meridian City Council granting a variance to UDC 11-3H. At tins time the policy in place would be for frontage roads to servc this site and provide connection to the 'h mile and the collector road systems. lTD has submitted a letter indicating that they will notlIlllkc a dccision on approving acCeSS to f..agh: 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 Vstiek Hoad at the following locations: Driveway #1 - 350 feet east of Eagle (right-inlright-out with center median) Driveway #2 - 700 feet cast of Eagle (full access) Ustick Road, from Leslie Drive to Ally Street (on the east side of Eagh: Road). including the Eagle ROlld intersection, has just been widened and improved to five: lane:s. The intersection was widened to include dual left 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 Pl.ANNING DePARTMENT STAFF REpORT FOR TilE tlEAIW'v UAr!; OF r16iZ006 In addition, the recorded DA between the applicant and the City requires either a public or private street be constructed parallel to Eagle RoadJSH55 that may connect to the north boundary and may also connect to Eagle Road, if allowed by !TD at a point to be determined by ACHD. ACHD has stated that the applicant shall provide cross access sOUlh and east to connect to the future collector roadway east ",1' the site and the cOlUlcction 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 east as requested. The area plan (Una Mas Annexation) shows private. internal driveways connecting to the furure public street; such driveways run mostly east/west eOlUlccting 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 SCe the letters/reports submitted with the application. 7. AGENCY COMMENTS MEETING On December 28th 2005, statI held an agency comments meeting. The agencies and departments prcscnt included; Mcridian Fire Department, Meridian Meridian Public Works Dl:partmcnt, and the Sanitary Services Company, StatIwill included all comments and recolnmcndcd actiolls as Conditions of Approval if the Mcridian PI aiming Commission requests approval of the design as prcsented. If the Meridian Planning Commission 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 PLAN POLICIES AND GOALS The subject site is designated' Mixed Use-Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defmed in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opponunities 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 finds the following Comprehensive Plan policies to be applicable tu this property and apply to the proposed development (staff analysis in italics below policy): Require that development projects have planned for the provision of all public services. (Chapter VII. Goal ill, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans 10 provide mllnicipal services to the lands proposed to be annli'xed in the following manner: . The subject lands currently lie ",-;Ih;n Ihe jurisdieticm uf Ihe Meridian Rural Fire District. Once annexed rhe lands will be under the jurisdiction of the Meridian City Fire Department, who current(v ~'hares resource and perso"nel 11'lIh the Meridian Rural Fire Department. . The subject lands currently lie within rhejllr/sdiclion of the Ada COllnty Sheriff's Office. Ont'e annexed the lands wif/ be serviced by the Meridian Police Department (MPD). . The roadway.. adjacent to the ..uhject land.. are currently owned and ma;n.tainr,ri by the Ada County Highway District (ACHD). This service will noi change. . The su~iect lands are currently serviced by the Meridian School District it2. This service will not change. Gal~w,y Marke\J>lace Subdivision PP-06-002 page 6 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY Of MERIDIAN PLANNING DEPARTMENT HAH K!;PURT fOil. THE HEARING DATE OF 711812001, · The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Munidpal, fee-supported, seYViccs will be provided by th" M"rirlian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. . Chapter VII, Goal I, Objectiv,," B: Plan tor a variety of commercial and retail npportunities within the Impact Area. Staff finds that the site is desiI:rlatedfor MU-R on the Comprehensive PI"n Fu"'re L"nd Use Map, Although strictly commercial uses have not been specifically planfled for this property on the Comprehensive Plan Future Land Use Map the Develupment Agreementfimn the . u"""xl.IlivrI :>huws this portion as commercial and conSIstent with the overllU sire plan when combined with the propused Bienvi/le Sllbdivision, and Sadie Creek Promenade Subdivision which are IlU bound by the same development agreement Thl!' bulk proposal of lIseS would also meet the general classifications for mixed use regional. . Chapter VII, Goal I, Objective D, Action 5: Locate new c,mullwuly commercial areas Oll arterials or collectorsuear residential areas in such a way as to complemcnt with adjoining residential areas. Ustick Road is classified as an arterial roadway. The applicant is not proposing Ilcce:>s from the adjoining commercial areas by way qf cross access. sidewalks Or shared streets ...4,ich will provide future connection to residential Ilreas ellst of the site along Ustick Road. Staff believes that the commercial areas proposed compliment the existing and plllnned residential areas in the vidnity- . Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors_ Staff believes that the proposed land uses Ilre appropriate along the adjoinin,l{ transportation corridors (Ustick ROlld and Eagle Road). Staff supports the proposed uses at this site as they are consistent with the M;:>:ed use regional district and the approved development agreement. . Chapter VII, Goal IV, Objective 0, Action 2: Restrict curb cuts and access points on collectors and arterial streets. The ACHD evaluates access points in their analysis; no direct lot aci;-ess is Ill/owed to tiny of the arTerial/col/ector roadways_ The proposed access points to the arterial streets genalllly comply with ACHD's standards as detailed in the staff reporT_ Please see the ACHD stafI report contained in the file. l1D has indicated that they will not act on the proposed access points to Eagle Road IIlltil sllch a time as the Meridilln City COlmcil acts on the variance requests_ The idaho Transportation Department (ITD) has a policy far access to a Type IV Prindpal Arterial will be at intersections only, Ilnd spaced at one-half mile intervals in urban areas. ITD Ill/ows approaches (other than Intaseclions) ;n sp<:clal cases and On a temporary basis. The Eagle Road access shall be eliminated from this project. . Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buflers along transportation corridor (setback, vegetation, low walls, berms, etc.). Gateway Matketplace Subdivi.ion PP-06-002 page 7 CITY OF MERIDIAN PLANNING DEPARTMENT 8T AFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNINO DEPARTMENT STAFf REPORT FOR THE HEARING DATt Ur 7!)M12006 The applicant is proposing to construct appmpriate buffers along 'Ill of the adjacent arterial streets. By Ordinance, a minimum 35-foot wide landscape buffer /0 Gate...."y Corridors. The landscape plan .~hows the appropriate landscape buffers. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: "Require all new parking 10ls to provide landscaping in internal islands." (Chapter V, Goal Ill, Obj. D, #3, page 43) "Eagle Road is the major north-south arterinl in Adn COl'nty. The enpncity ofthis 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, pn'pared by ACHD in 1997." (Chapter VI. page 71) "The capacity of arterial. . .roadways can be greatly diminished by ellCo;essive driveway cOlUlcctions to the roadways. The City should cooper-die with AClID to nlillimize access points on arterial. . .roadways as development applications arc reviewed." (Chapter VI, page 72) "Develop methods, such as cross-access agreements, frontage roads, to reduce the number of ellCisting access points on to arterial streets" (Chapter VI, Goal II, Obj. A, #12, page 79). "Identify trallsitiumol :tunes lo bufft.,. cOJrnm,rcial and residcmtial uses, to allow uses such as offices 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 Conunercial Districts: UDC Table ll-2B-2lists retail store/restaurant/drive thrul office/ financinl institute uses as permitted uses in thc CoG zoning district. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the rctail 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.G General Retail And Service Commercial District: The purpose of the C-G district is to provide for con:nnercial uses which are customarily operated entirely or almost entirely within a building; to provide [or a review of the impact of proposed commercial uses which are auto and service oriented and are located in dose proximity to major highway or arterial streets; to fulfill the nced 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 systelDS of the city, and shall not constitute strip conunercial development and encourage clustering of comnlercial development. c. General off. Street Parking Standards (from DOC 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 (1) SDaCe for everv five hundred (500) square feet of IrrOSS floor area. d. Structures Subject to Design Standards (1l-3A-19B5): All structures on property adjacent to an entryway corridor (UsticklF.agle Roads) are subject to the design standards listed in lhis section. Gateway Marketplace Subdivision PP.06-002 page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY or ME)l.IDI....N n....NNING nJ;:p"RTMENT n"FF REPORT fOR TH~ Ht....RING DATE Of 711812001> e. Outdoor storage/refuse areas (ll.3A-12): Outdoor utility meters, HV AC equipment, trash dumpsters, trash compaction and other service functions shall he incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts ofthese functions are fully contained and out of view from adjacent properties and public streets. f. Development along State and Federal Highways (ll-3H-4B2): If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise acquire aCcess to a strce!. other than the state highway. The use of the existing approach shall cease and the approach sball be abandoned and removed. a. No new approaches directly accessing a state highway shall be allowed. b. Public street connections to the state highway 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 11-3H.3: The applicant shall construct a street, generally paralleling the state highway, be designed to accommodate future connectivity aod access to all properties fronting the state highway that lie between the applicant's property and the nearest section line road and/or half mile collector road. The intent is to provide for future connectivity and access to all properties fronting the srate highway that lie between the applicant's property and the nearest section line road and/or Iwlf-mi/e col/ector road. The street shall he designed to collect and distribute trajfic (emphasis added). 10. ANALYSIS lOa. Analysis of Facts Leading to Staff RecommeodatioD The revised PP application substantially complies with the Unified Developmcnt 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): Th", REVISED preliminary plat can be conditioncd to comply with the Unified Development Code. Dased on the policies and goals l,:olllaim:u in lhe; Comprehensive Plan and the general compliance of the proposed development with the Unified Devl;Jlopment Code, Staff believes that this is a good location for the proposed development. Please see Exhibit D for detailed analysis of the required facts and fIDdings for a Zoning Arn"ndment. Non-Residential Buildinll:s: The applicant has requested a InallimUln of 250,000 squarl;J feet or retail/restaurant/office spaces. Staff does not propose to limit the applicant to their request as this area is designated as commercial, is surrounded by other commercial uses and is a prime IUl,:ation for intense commercial uses designed in a clustered fashion. Drive l1uu Seoaration: The applicant has requested several lots to be drive !lUll retail uses which have 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 thru uses with this Gateway Marketplace Subdjvision Pl>.Cl6-002 page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY Of MelUDlAN nANNING Df.PARTMENT STAFF REfORT fOR TilE IlE....RING DATL OF FI~/Z006 application. If a dri vc-thm use is proposoo within 300' of another drive thru then, a conditional use application must be approved. Access to SH 55/ Eagle Road: The applicant has requested an access point 10 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 to when an access point be granted. Currently the site has no access to Eagle Road and the usc is agricultural/residential where the plat will change the use to commercial ann is subject to the design requirements of UDC 11-3H. UDC requires that all access for Gateway Marketplace Subdivision shall be taken from Ustick Road at points determined by ACHD. Uses: All other lots shall be limited to Office/RctailtR.estaurantfDrive thru uses and General Commercial uses listed as permitted in UDC Table 11-2B-2. Any uses (excepting Urive tl1ru) not listed as permittcd shall be subject to conditional approval. Sidewalks: The applicant is proposing to construct internal sidewalks on the major tenant entryways of the internal streets/drive aisles. The design shows the incorporation of the eight-foot walkway which is directed to the main access to the commercial building. When and if the plat is resubmitted as recommended, the applicant shall provide a cOllsistent pedestrian acceSS corridors as shown on the revised site plan dated March 10, 2006. Commcrcial Amcnities: _The applicant is showing additionallandscapinglpatio/seating outside along lots 1, 17, and 18. Staff supports the elimination of additional parking along Eagle Road and when the detailed approvals are submitted for each building the applicant shall ensure these features are included as amenities in the intersections of the gateway corridors. Landscane Slreet Buffers: Arterials; UDC II ~2B requires a 35-foot wide street buffer along classified arterial roadways and entryway corridors. Eagle Road and Ustick 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 Slrl:lel buffl:l"s lJIl thl:l fitcl:I uf the final plat ill an o:a.sement or place the required buficfli in common lots as per UDC 11-3B. See Exhibit B below, Commercial Sln:els; UDC 11-2B requires a IO-foot wide street huffer "long commercial roadways. The submitted plat does not include commercial cross access cast and south. Staff feels that a designed commercial cross access street shall be provided itnd subj ect to the landscape standards for commercial stn:cl buffers. Within the 10-foot strcet buff cr. a dctached sidewalk shall be provided. Ditches Laterals and Canals: There are several irrigation laterals that bisect this parceL Pcr UDC 11-3A.6, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivide.! shall be lilnl. TIle applicant is proposing to tile all of the irrigation facilities located on site. See Eilibit B below. Pressure Irril!ation: The City of Meridian requires that pressuri~etl irrigaliun syslellls b<: supplie.! by II year-round source of water (lJDC 11-3A-15). Thc applicant should be required to utilize any e"isting surface or well water for the primwy source. If a surface or well source is not available. II 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 asseSSlnents for thc common areas prior to signature on the final plat by the City Engineer, An underground, pressurized irrigation system should be installed to all landscape areas per the approved specificatiuns and in accordance with City Code. See Site E"hihit R helow Gateway Marketplace Subdivision PP-Q6-001 pagel 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF IDLY 3,2007 CITY OF MERIDIAN PLANNING D[:~ARTMENT STAFF REPORT FOR THe HEARING DATI'. O~ 71H'2110h Fencing: The applicant is not showing any fencing on any of the submitted plans. A detailed fencing plan should be submitted upon application of the final plat (UDC ll-3A-7). If pennanent fcncing is not pruvidl"d, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building pennit. All fencing should be installed in accordance with City Code. See E;iliibit B helow. Cross-acccss Interoal: There are some commercial lots that do not have fi'ontage all a public street. Instead the applicant is proposing to provide cross-access easements to Ihe lots that do not have public street frontage. Because several of the proposed lots do not have frontage on a public street, tbe applicant sbould provide a cross parking/cross access agreement for all of the lots within the retail and other conunercial ponions of the subdivision to use the driveways and parking aisles. Access to Eagle road shall be:: determined by the Meridian City Council and at least the non-signalized access point to UBtiek Road shall be designed to SCrve as II conuncrcial collector for interconnectivity 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 us CCRs, See Exhibit B below. Cross-access South: The applicant shall be required to provide cross access to the parcels south of the site. The project is a portion of a larger site project (Kissler Annexation) and the sites shall lllllintllin consistent traffic flow for the entire site:. Eallle Road Access: The Idaho Transportation Department (ITO) has a policy for access to a Typc IV Principal Artcrial will be at intcncctions only, and spa,,;ed at one-half HUle iUlervals in urban areas, !TD allows approaches (other than intersections) in special cases and on a temporary basis. The access points shown at approximately 850 feet south and 1350 feet south or the Ustick Eagle Road intersection shall be eliminated as it docs not meet criteria of either lTO or the Meridian Comprehensive Plan. Loadillll SDace Parkin!!: UDC 11-3C-8 requires off-strect loading spaces for commercial uses. The Certificate of Zoning Compliance (CZC) application shall clearly demonstrate that both II Type A and Type B space are available on site, located near the refuse/service area behind the building. Elevations: The applicant has not submitted building elevations of the proposed structures. The application lists the proposed building materials, including stone. hrick, snlCCO and timber to he accented with chrome, aluminum and gloss painted trims. UDC 11.3A-19 requires all stmctures on property adjacent to an entryway corridor to comply with the design standards listed il) this section. Staffs interpretation of the UDC is that the applicant may choose to placc the "primary entrance" on an elevation other than the public street side. However, the public street elevations (U.tick Road and Eagle 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 from 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 demonstmte two or mOre of thc following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and c) Gateway Marketplace Subdivision PP-06.002 page 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEAIUNu VA!'t 01- 711~IJ006 cornices. c) Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to thc height of the unit as \iewed from thc property line. d) Color and Materials: Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. Refuse/Service Area Screen: Neither the Site Plan or Landscape Plan call-out how or if the refuse/service area on the east side of the buildings will be screened. UDC 11- 3A-12 requires the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets_ The applicant's CZC application must clearly demonstrate how this standard is lllct. Cross Access: The property to the south is dependent on access for interconnectivity 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 immccliate vieiniry. These points of access are paramount on the success of the ge""ral area <lnd staff feels a minimum ofthree points of cross aCcess shall be provided to the east and one point of access to the south, which shall all he designed to private street st.ndards f<.>r pedestrian and vehicular traffic circulation. Strio Develooment The purpose statement of the General Commercial District specifically reads, "shall not constitute strip commercial development and encourage clustering of commercial developmcnt," The comprchCllsivc plan policics further reads, "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 moving access points away from U stick to ..lIow for better stacking, tillS abo dillll.llateo.l the small lots along the uSlick frontage and replaced them with more retail/restaurant uses on larger pad style uses. These pad uses also incorporated additionallandscapeing screening and redirection oftrafliclpedestrian movement along Ustick. The applicant also removed one large box user pad and moved it to a pad in a cenlrallocation, shown on the redesign as lot 11. The applicant has revised the landscape plan and has included six landscape strips with internal sidewalks to break the parking lot into smaller secliollS_ Staff would find that the rcdcsign of the project would not constitute strip development as shown on the clesign revised March 10. 2006. 9b. Staff Recommendation: Basecl 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 colTidor standards, the ",,,,"ss point to Eagle Road he eliminated and redesigned. Staff recommends approval of the application subject to the conditions of approval shown in Exhibit B. 11. EXHIBITS A. Drawings 1. Preliminary Plat (by The Land Group, Revised March 10, 2006) Gateway Morkelplace Subdivision 1'1'-06-002 page 12 CITY OF MERIDlANPLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007 CITY 0.. MEIUDIAN Pl.ANN1NO DEPARTMENT STAff REPORT fOR THE HEARING DATE Of 1.'18/2006 2. Landscape Plan (by The Land Group, dated March 7, 2006) B. Legal Description C. Conditions of Approval 1. Planning Department 2. Public Works 3_ Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. ACHD (UDdah:d) D_ Required Findings from UDC 1. Preliminary Plat Gateway Morkclploc. Subdivision PJ>-06.002 page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY Of MERIDIAN Pl.ANNING DEPARTMENT STAFF REPORT fOR Tit" IH::ARING PATE Of "Ii'8iZ006 Exhibit AI: Preliminary Plat PP-I(fhe Land Group) Revised March 10,2006 11'11 "I IIJhn Ill-I" I!! I i . IIIIIIW!I' I I ~ II 1111.. .... ;I II jI jI ~ .3 ~ ;J :ill ~I' I' f q., I ., ! . .....~t I 11111111 ~ illlllll 11111111 t ~ ~ '" ~ha~ ~ !!~I ~ ~ &~liiiS -;-1 ;S 5~1i :; I Gl I W"i . . i!ip lilllll'I~' =111 . II 'I I l' !II! E E .1' ,,'" ~C\.., 1'r.IK elll $~t~4.\~" ' III ~ S 'II~ ~ \\ I IMP-II ,,~ I I. iI is , I; <>\r-- \' I I' a: c ; II ~,~ ! ~ ~ f i ; I j,' II ~ i ~: .... I -- GATEWAY MARKETPlACE SU8OIVlSION Pl'8l1m;nlll)' Plot _.- GOleway Marketplace Subdivision E,hibjt A Page I CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY Of MEI\IDIAN PLANNING DEPMlTMENT STAff REPORT ~Ol< nl~ HtAlllNG DATE Of 7'IS120Q6 Exhibit A2: Landscape Plan Ll.l(The Land Group) Dated March 7, 2006 :i:.~ PREUMI~~Pl.AN M!RlDw;, IlWtO li91 GallOWay Markctpl""e Subdivision E,hibi, A Pase 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MEIl.1DIAN PLANNING DEPARTMENT STAFF REPORT rOll. THE HEJ\RING DATE OF 7iH/l000 Exhibit B: Legal Description claiborn 6. waite consultinq.l...ll<:, engineers 8; surv&yo"~ 120 N. Cwlir Rd, Iloi.o, LWio 63706 (208, 376ol1S55 Fill< (208) 429-9862 P.N. 2279 October 20, 200S PARCEL "A" VSTICK PROPERTY REMAINDER PARCEL DESCRIPTION A plTCOl of Iud lyil\l in Ihe NOJt"-t 1/4 of Section 4. T.3N.. R, IE. R.M.. Ad. CgunlY, Idaho, and bdng more plllicularly dl!SCribed as follow" CDIIIIIItllJOiag III11e Nortlnwat c:omer of Mid Section 4, I........ !; 89 49'08" E okm8 lhe NOM bouIIIIIIy ohaid Section 4 ond the cent=-line ofU,ri<k Road ftlr a dillonce of 97.62' feel; then<e 1ea>1"8 said Ncm.h boundary and eeDleJline S 01'50'52" W tbr a dlBIaoc;e of 71,96 fMlo a polm OIl the SouIb riaJtt-of.way line orUllick Road, being tbIlllEAL POINT OF BWINNlNG; thence 010"8 Aid South risht-of.way ~nl ft>r Ibe tbllowiDg 13 <OUI\JCS: N 44' 02'14"1! fllr a di5lonce of47.06 feet; thence S 89' 49'08" E for I distance of 262.8' feet; thence S 42' S' '21" I! lOt a disllflC8 or 41.18 feet; ttwo-N 87 17'10' E ftlradl_or29.0Heet; thence N 42' 4J']S" I! tbradi_ of40.S7feel; lhence N 89' 13'34" E for adi_ of 179.28 feel (fonn.rly described as 179,20 feel). JI'_'k..~ : u:!' :~ ~ - .:;[.U i: f.... '" ~~"'11o.11,,"" ..,1 J ~,"':'.j ilPt-:l., tltenoe S 89' 49'01" E for a diManCe of 10.00 feet; 111~-tln.: I....: ':111 ;" 1", lil i; ~.ISI:',..~;I.' III l.~ ~ j leel, C:\P"'jOOIO\l.IlIkI<LLA {2279~ A.cIao-- I . Gateway Marketplace Subdivision Exhibit B pog. I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY Of MERIDIAN PLANNING Dr:rARTMENT STAFF Il.ErORT FOR THE HEAKINIj VATE OF 711512006 claiborn A waite consulting~ unglnaets " surveyors J:l0 N. Curti. Rd. BoiiC, Idaho 8310& (208) 316-8555 Fax (208) 429.9862 P.N 2279 October 20, 200S PARCEL "8" VmCK PROPERTY 5.51 ACRE SPLIT A parcel of land lying in the NolthWlllSl 114 of Seeclon 4, T.3N., R- lB., 8.M., Ad. County, Idaho, and being more particularly described as follows: ConIlnencill8 lit the: Northwest c;omer of lllIid Section 4, tbenee S B9' 49'08" E lIIoll8 lhe North boundary ofoaid SectiQJl 4 III1d the ccntllrlllle of Us tick Road for a mltance of 91.62' feet; IbcnIlC It:avin8 Hid NOItII boUndary and centerline S 01' 50'52" W for a distuc:e of 11.96 r. to a pow on the Eat risht-of-way 1_ ofBasle Road; thence alons llllid But riaht-of-WBY Iile S or 50'52" W for a dl&ta/ICll of 1038.43 fcello the REAL POINT or BEGINNING; thcnee COn/inuils lions said But right-of-way line S or 50'52" W for a diatanc:e of 154.90 feet; thence S 00 36' 13" W along said But right-of-way line for a distlrQl of!!4.!? feel; thence IllIlving Mid But riS/lt-of-way line S 89' 51'00" E fot a diQ8IlCf of 700.02 feet; thettce N OU 36'13" E for a dilllarU::eof93.77 feel: 10 the South bo\Illd&ty ofGovenamcnt Lot 4 of said Seetioll 4: thence S 89' 51'00" E along said Soulh boundary for a <Ii_lance of 61 35 feet; th,.,,"l'" !~!o'~.'inf' ~~~~ ~-"'\.:'!~ ~':':'~-ii:~:~r:-. ,"' ~V"f "";"'1-n" r f... I' lor :ii.;..u. _ ~.~- ~~.. i. r.,; fc:...:t, thence )\ 89' 5 I '00" W for I distan" of 363.00 feet; !' ~.t\;:~ ' ~\!. \ !t{i' " ::,~.". Jj~.l:.~... l \1((. (f:J h~t'l C\l'nlj<cl~\U51Ic:kLLA (2279I\Documenls\Parccl8,doc. I - Gateway Morktlptato Subdivision Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007 CITY or MERIDIA~ PLAN NINO DEPARTMENT sTAfF llHOKT I'OK THE HEARIN[j DATE OF 7/lgi2006 thence N Sg 51' 00" W for llliistllllce of J 7'/.00 feeL; thence S ocr 09'00" W for II distance of34.S0 feet; thence N gg 51'00" W for a distance of218.67 feel to the REAL POINT OF BEGlNNING; containiIli 5.51 acres of land. more or less. Prepared by: Todd R. Waite P.L.S. C:\Proj~s\Usticlc\..LA (2279)\Dl.lculllenls\Parc:elA,doc. 2 . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY Of MERIDIAN PLANNING DEPARTMENT STAFF RHORT fOR HIE HEARING DATE OF -iiI 812006 C. Conditions of Approval 1. Planlllng Department SITE SPECIFIC REQUIREMENTS- (Gateway MatketpJace) 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-03-0IS) Development Agreement shall also be considered conditions of the Preliminary Plat. UDC 11-3C-S requires ofI~street loading spaces for commercial uses. The Ct:r1ificatc of Zoning Compliance (CZC) application for this project shall clearly demonstrate that adequate parking is available un sitt:, Iucllted near the refuse/service area designed at the building. Graphically depict on the face of the plat, thc required 3s-foot wide landscape buffer alollg Ustick Road aIllI Eagle Road. The applicant shall consider the landscape plan approved as submitted with the following Individual lot landscaping considerations, the final plans shall slgnjticantly conform to the submitted plan which shows: 1.1.2 1.1.3 1.1.4 · Pad spaces with landscaping, patio, and Cooperative outdoor user space_ Lots I, 3, 4, 5, 17, and IS · Perimeter landscaping- 20' along thl;: e;Jstem perimeter · Roadway landscaping- 20' with an internal sidewalk along the southern perimeter and a minimum of V. of a 42' road section_ · Internal sidewalksllandscaplng plalltcrs~ these planters shall have a minimum of one tree per 35' and an S' wide sidewalk. J .1_5 No direct lot access to Ustick Road or Eagle Road wiU be allowed. The exisring driveways to Eagle Road may be for construction purposes if approved by lTD. At such time, access to Eagle Road shall be prohibit....! wlll;:SS 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 revist:d plaos_ These access roadways shall be designed according to private streer standards as listed in UDC 11-3F, with a minimum of24' travel way, no parking or backing on to the service drive. a one side five foot detached sidewalk Wilh " 5' ]"nd'''''pe bufter_ The commercial cross access drive is to provide connection from the future Public Roadway (Ally Street) easr of the site, through the Una Mas Annexation site, and provide the most direct vehicular traffic t10w to a public road system_ 1.1.8 The applicant shall work with ACHD to determine if a public frontage road shall be provided 31 the southern 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 ACI-lD staff provides a written statement refusing the reserved area_ 1.1.9 Mainlenance of all common areas shall be the responsibility of the (;aleway Marketplace Subdivision Dusiness' Owners Associatioll(s) s1.1.10 The applicant shall submit from the County Surveyors Office the appropriate documentation showing that usage of Gateway Marketplace as an approved subdivision name. Galeway Marketplace Subdivision ElIhibil C Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY Of MERIDIAN PLANNING DEPARTMENl' $'1 AH lU';POIU FOR THll HEARING DATE OF 711 ~12006 1.1.11 Any roof-mounted mechanical equipment will be screened from view from any public right-01: way. The applicant shall submit drawings at the time of CZC submission that demonstrate this condition is complied with. 1.1.12 The applicant shall comply with the outdoor lighting standards shown in UDe 11-3A-t L 1.1.13 All structures within Gateway Marketplace Subdivision shall submit a design review application at the time 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 irrigation pump station Or facility is shown on the Site PIllIl. However, if one is proposed for 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 intemal cross access/cross parking agreement(s) for all lots in Gateway Marketplace Subdivision. All cross access 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 docwnent such as CCR's. 1.1.18 Other than the points of access approved by ACHD, direct lot access to Ustick Road and Eagle Road is prohibited. A note shall be placed on the final plat restricting access to Eagle Road and Ustick Road. 1.1.19 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Huu~ing Acl. 1.1.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the EnvlrolullClltal Protl'Ctiull Agt:ncy. 1.1.21 Compaction test results shall be submitted to the Meridian Building Departrnent fur all building pads rc;cciving engineered backfill, whee.. fuuting wuuld sit atop fill material. 1.1.22 Allvs Wav shall serve as fl:'ontal!e road. with applicant eonunittinl! to pavone half of construction costs. GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.1.1 Sidewalks shall be installed within the subdivision aull un the perimeter of Lhe subdivision pursuant to City Code. 1.1-2 All areas approved as open space shall be fn::e of wet poml~ t'r ulh<::r su"h nuisances. All stonnwater detention facilities inCOlllorated into the approved open space are subjccT to tmc 11- 3A-18 and shall be fully vegetated with grass and trees. Sand. gravel or other non-veg",tat",1l surface materials shall not be used in open spacc lots, except as permitted under UDC 11-3A- 18. Where the applicant has submitted a preliminary landscape plan llod where staff has reviewed such plan, the hmdscaping shall be consistent with the preliminary plan with modi fica Lions as proposed by staff. If the stonnwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant sh~lI rei"""!,,, lhe 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 requir('^lIlents at the time of final construction. Ga,eway Marketplace Subdivision Exhibi' C Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007 CITV OF MERIDIAN rt^NNINO DEPARTMENT STAI'I' REPOIl.T fOR THt HtARING DATE Of 711 K/2006 I.IJ The applicant shall submit a detailed fencing plan with the fmal plat application for the subdivision. If permanent fencing is not provided, temporary construdion 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 lan.dscaping tree. will not be considered as replacement trees for those trees that bave to be mitigated. 1.1.5 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 UDe 11-3A-6, unless otherwise approved by the IIrigation District(s). Plans will need to be approved by the appropriate inigationldrainage district. or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternatc plans will be reviewed and approved by dIe City Enb.;neer prior to fmal plat signatw-e. 1.1.6 Stairs failure to cite .pecific ordinance provisions or terms of the approved PreliminiiTY Plat does not relieve the applicant of responsibility for compliance. I. J.7 Preliminary plat approval shall be .ubject to thc expiration provisions set furlh in UDC 11-6A. 2. Publie Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Ustick Road. The applicant .hall install all mains necessary to proviue .ervi~e:; applkant shall coordinate main si"e and routing with the Public Works Department, and execute 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-gradc is less than three feet than alternate matcrials shall be used in confonnance of City of Meridian Public Works Departments Standard Speeilicalions , 2.2 Water service to this site is being proposed via extension of mains in Ustick Road. The applicant shall be: respuru;ible to install water mains to and through this development. coordinate main size and routing with Public Works. 2.3 Due lu lhe: commercial uses on this project, a COlUloction to the water mnin 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 outsid", of public right of way (include all water serviees and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the pM 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 arca of the easement (marked EXHIBIT A) and an 81/2" x II" map with bearings and dislances (marked F.XH1BIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The applicant has indicated the pressure inigation 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 of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required Gateway Marketpla<~ Subdivision Exhibit C Page 3 CITY OF MERiDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITV OF MERIDI"-N rLANNING DEPARTMENT 5TAff REPORT FUI( THIo Ht:ARING DATE OF 7'18/Z006 prior to final plat signature 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-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface Or well source is not available, a single-point connection to the culinary water system shall be required. If II single-point connection is utilized, the developer will be responsible for the payment of assessments for tbe common arcas prior to .,ignature nn the fmal plat by the City Engineer. 2.7 All existing structures shall be removed prior to signature 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 be 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 area being subdivided shall be tiled per UDC 11~3A~(j. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. IC lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.1 0 A drainage plan designed by a State ofIdaho licensed architect or eugineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be desigued in accordanc~ w ith D~partln~nt of Environniemal Quality 1997 publication Catalog of Storm Water Best Management Practices for ldal)o Cities and Counties and City of Meridian standards and policies. Off~site disposal into surtace 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 with lh~ Idaho Depanment of Water Resources regarding Shallow Injection Wells. 2.11 Strcet signs a.re to be in plac~, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved and the Final Plat for this subdivision shall be recorded, prior to applyini for building pemlits. 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 signature on the final plat. 2.13 All development improvements, including but nOt limited to sewer, fencinE, micro-paths, pressurized 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 fees, 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 oCthe 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 required by the Environmental Protection Agency. 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.18 Compaction test results shall be submitted to the Meridian Building Department for all building Gateway Marketplace Subdivision Exhibit C Page 4 CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007 CITY OF MERIOIAN PLANNING DEPARTMENT STAff REI'ORT fall. l'H~ H~ARISG DATE OF h13/2006 pads receiving engineered backfill, where fooling would sit atop fill material. 2. J 9 The engineer shall be required to eertify that the ~treel centerline elevations are set a minimum of 3-feet ahove the highest established peak groundwater elevation. 3. Meridian Fire Department 3. J Acceptance of the water supply for flTe protection will be by the Meridian Fire D"l'artmenl and watcr quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Deparunent. 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 street which does not have addresses on it. e. 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'. [ Fire hydrants shall be place J 8" above; finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Sectiun 509_5. h. Show all proposed or el\isting hydrants for all new construction or additions to existing building:; within 1,000 feet of the proj eet. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall he m.rked in accordance with Appendix D Section DI03.6 Signs. 3.5 Operalional fIn: hydrants, temporary or pennancnt street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 Commercial and office occupancies will require a fire-flow consistent with the Inlernational fire Code to service the proposed project. Fire hydrants shall be placed per Appendil\ D. 3.7 The 23 office/commercial lots lot will have an 1.U1known transient population and will have an unknown impact nn Meridian Fire Department call volumes. The Meridian Fire Department has el\perienced 2612 respouses 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 eneloslml. 3.9 Provide a Knox box entry system for the complCl\ prior to occupancy. 3.10 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements 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 at 89M-5500 to address this concern prior to the pub lie hearing. Gateway Morkctpl.oe Subdivision hbibi, C Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDI",l' I'LAl'NINQ DEfARTMEl'T STAff RErORT FOR 1 HI: HI:...R1NG DATE OF 7118/2006 3.12 All aspects of the building systenJ$ (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.13 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.14 Wllel1; a portion of the facility or building hereafter cOll:llructcd or llIoved into or within the jurisdiction is more than 400 feel (122 m) from a hydrant on a fife apparatus access road, as measured by an approved route around the exterior of the facility or building, on-sile fire hydrants and mains shall be provided where requiral by the code official. For buildings equipped throughout with an approved automatic al'rinkler system installed in accordance with Section 903J.l.l ur 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 b", liOO feet (183 m). ii. For buildings equipped throughout with au apprl./vt:d llull./matic sprinkler system installed in accordance with Section 903.3.1.1 or 9033.L2, the distance requirement shall be 600 feet (183 m). 3.15 There shall be a fire hydrant within 100' of all Fire Department connections. 3.16 Buildings over 30' in height are required to have access roads in accordl!.lIcl' with Appendix D Section D1 05. 3.17 Side yard fences shall not be allowed. 3.18 Buildings or facilities having a gross building area ot'more than 62,000 square feet (5760 m') shall be provided with two ~epanlte and approved fire apparatus access roads. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m') that have a single approved tire apparatus access road wbee all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 4. Police Department 4.1 The police department supports the requirement for a frontage road as the length and bulk of the proposed buildings IDlpedes serviceability to all sides of the proj eel. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in th", 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 T....., Grate and Tree Box standard; The proposed tree grate shall be a 6 fOOl 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 steel grate frame set in concrete. Prior to CZC approval, contact Meridian Parks and Recreation Department for specifications and tree box construction drawings. 6. Sanitary Service Company Gateway MMrketplace Subdivision El<h.bit C Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDI...N PL.....NNINO DEI'ARTMIJNT STA.ff REPORT fOR THE IfEARINU OA.TE OF 7i\8/2006 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of ;.:oning compliance application. 7. Ada County Highway District Site Specific Conditions of ApprovallNote: previous conditions were deleted and renlaced.) 7.1. C(ln~tntct " 5-foot wide detached concrete .idf:walk On Ustick Road PrU\jde a sidewalk easement for sidewalk located outside of the right-of-wav. 7.2. Utilize a ri2ht-inlril!ht-out drivewaY on Ustick Road located approximatelv 350.feet east of SA- 55. Construct a raised median in the center of the roadwav to restrict the access. 7.3. Utilize a filll access drivewav on Ustick Road located approximatelv 700.[eet east of SH-55. 7.4. Construct the westerlv half of Allvs Wav from Ustick to a ooint aooroximatelv 1.355-fect south of Us tick. The westerlv half of the roadwav shall include vertical curb. gutter. 5-foot detached concrete: sidewalk. and a minimum 24-feet ofoavelllent. 7.5. Enter into a Develooment Al!feement with the District to provide for the dcsilm and construction of Allvs Wav to a full 46-foot street section with curb. 2utter and sidewalk on both sides from Ustick Road south approximatelv 1.355-feet. The District should be resoonsible for the cost Qf curb !!Utter and sidewalk un the east side of Allvs Wav and 18-feet of pavement to complete the road section. The Develooment Al!feement should be executed orior to aoorDval of the filial vial. 7.6. Comely with all Standard Conditions of Approval. Standard Conditions of Approval 7.1 Any e"isting irrigation f~cilities shall be relocated outside oCthe 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 sile shall be 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 approveu in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) fo/' details. 7.7 All design and construction shall be in accordance with the Ada COWlty Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicabh:: ACHD Ordinances unless specifically waived herein. An engineer registert'd in the State of Idaho shall prepare and certify all improvement plans. Gateway Marl::elplace Subdivision E.hibit C PaSe 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY or MURIDIAN PLANNINQ DEPARTMENT HAl'f REPORT FOR lHh flhARING DATE OF 7'18120U6 7,8 The applicant shall sllbmit revised plans for staff approval, prior to issullIIcc of building permit (or other required permits), which incorporates any required design changes. 7.9 Construction, u~e and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for Occupancy. 7.10 l'ayment of applicable road impact fees are required prior to building cunstruction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinancc, 7 _II It is the responsibility of the applicant to verify all existing utilities within the right-of-way, The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking groWld within ACHD right-of-way. The applicant shall contact ACHD Traffic OperatioD:! 387-6190 in the event any ACHD conduits (spa.rc or filled) "ft: cumpromised during any phase of construction. 7.12 No change in the terms and conditions of this approval shall be valid unless they ar" in writing and signed by the applicant or the applicant's authorized reprf:llentative and an authorizcd representative o[the Au" Cuunty Highway District. The bUrden shall be: upon the appli"antlO obtain written cunfirmation of any change from the Ada County Highway District. 7.13 Any change by the applicant in the planned use of the pruperty which is the subject of this application, shall require the applicant to comply with all rules, regulations, urdinances, plans, or other regulatory and legal restrictions in force at the time the applicant lIr Its successors in intercst advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requiremenT< or other legal relief is granted pursuant to the law in effcct at the time the change in use is sought. Oateway MorkC\]llace Subdivision Exhibi, C Paso g CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY Of MERIDIAN nANNINQ DEPARTMENT STAff REPORT fOR THE HEARING DATE OF }11~12{){)6 Ellhiblt D. Required findings from Unified Development Code Preliminary Plat Findings (UDC 11~6B.{i): 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 defined as areas including commercial and residential development consistent with auto and service oriented uses. The Council tinds that the requested General Commercial (C-G) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, whieh delineates the subject property as "Mixed Use- Regional". The pUlJlo.e of the C-G district is "to provide for II review of thc impacl <.>f proposed commercial uses which are auto and service oriented and are located in dose proximity to 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." The Council find5 that the proposed zoning is in general conformance with ll.,~ ""mp..:h.msive plan (please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action itern~ Lhat apply to this development). B. The avaUability of publit serntes to attommodate the proposed development; The site is intended for commercial uses which, based on the Comprebl;nsivc Plan description, will have such LlSes as retail, wholesale, ~ervicc and otlice uses, as well as appropriate public uses such as governnlent offices. The appli\;iUll will be responsible for the extension of all utilities necessary to serve this proposed development. Permanent 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 loopecl with extensions in Eagle Road. The applicant will be responsible for the extension ofmilities to and through this propo~ed development. Sizing and routing ~hall be coordinated with the Public Works Department. Other urban services, such as water, are near to this site 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 fees. 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 on the .i oint agency/department meeting and other comments received from agencies/departments, staff finds that except for sanitary sewer, the public ~ervice~ listed abov," can be made available to aeeommodate 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 approvcd, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation 5ervices to serve the project. The primary public costs to serve the luture residents will be frre, police and school facilities and services. The Council finds there will not be ~cessjve additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. C. The continuity of the proposed development with the capital improvement program; Gateway Marketplace Subdivi.ion ElIhibil F Poge 1 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MI1RIOIAN PlANNING DePARTMENT STAFF REPORT FOR THe H~ARIN(j DAJ" U~ 7n~12006 Because tht: dt:veloper is installing sewer, water, and utilities for the development at their cost, the subdivision Willllvl rerquire the expenditure of capital improvement funds. D. The public financial capabiUty of supporting services for the proposed development; Please see Exhibit B for CODUllents and conditions from other agencies and departments. E. The other health, safety or environmental problems that may be brought to tbe Commission's attention. The Council is not aware of any health, safety or general welfare problems associated with th" development of this subdivision that should be brought to the Councilor COllunission's altt:ntion. ACHD considers road safety issues io their analysis. The Conunission and Council reference any public testimony that may be presented to detennine whether or not the proposed subdivision may cause health, safety or enviromnental problems of which staff is unaware. F. The development preserves signifitant natural, scenic or historic features. The Council is not aware of any natural, scenic or historic features which require preservation. Th" applicant will be required to maintain, fence, and improve tbe waterways which are Clli$ling on this site. aateway MarketplaC(: SubdiviSion Fxhibit F Page 2 CITY OF MERIDIAN PLANNfNG DEPARTMENT STAFF REPORT FOR THE HEARfNG DATE OF illL Y 3, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER cM'c;;di~~ I: 1.')''',.1 .... , jl "'<~:r"'~""""l'" .'".. S <.",',,, .,/ '11'(1: In the Matter of Variance request for two accesses to SH 5S1 Eagle Road, for Gateway Marketplace Subdivision by Landmark Development LLC. Case No(s). V AR-06-002 For the City COUDcil Hearing Date of: April 18, 2006, June 6. 2006. and JUDe 27.2006 with updated f"lndlnl!lI for approval OD .Julv 18. 2006 Citv COQncil ftl!eDda. A. Findings of Fact I. Hearing Facts (see attached updated 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 undated Staff Report for the hearing date of April 1 R, 200fi incorporated hy reference) 4. Required Findings per the Unified Development Code (see attached undated Staff Report for the hearing date of April 18, 2006 incorporated by reference) B. Conclusions of Law 1. Thc city of Meridian shall exercise the powers conferred upon it by thc "Local 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 II Meridian City Code, and all current zoning maps thereof Thc 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 ~ II-SA. CI1Y OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), V AR-06-001- PAGE I of 3 CITY OF MERIDIAN PLANNING DEPARTMENT 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, whidl 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 finding~ in the updated Staff Report for the hearing date of April 18,2006 incorporated by reference. . C. Dccision and Order Pursuant to the City Council's authority all provided in Meridian City Code S 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 6effie4 aooroved: and. 2. The applicant shall be allowed permanent access to SH 55/EagJe Road at two locations: 1.350 feet south of Us tick Rpad and approximately 850 feet south of Us tick Road. D. Notice afFinal Action and Right to Rcgulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit 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 lwenly-eight (28) day~ after lhe final decision concerning the rIIl:lLLer Itl j~~ue. 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 S 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 fiNDINGS OF fACT. CONCLUSIONS Of LAW AND DECISION & ORDER CASE NO(S). VAR,.06-002- PAGE 2 of3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007 By action of the City Council at its regular meeting held on the _I.~_ day vI' . "f. I' I )___,2006. COUNCIL MEMBER SHAUN WARDLE VOTED ~ COUNCIL MEMBER JOE DORTON )fb~ VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED /!b~ COUNCIL MEMBER KEITH BIRD VOTED_.~ MAYORTAMMYdeWEERD (TIE BREAKER) - VOTED ---z;~~,. .,,_.. ----.....--- Mayor Ta de Weerd , \ \ ". ~ . , ., ., I , { I, ..,\"\\"cK M(-~/IIIIJ Attest: ""'0' :<.. ~ :..c,.\J;;;:--5""~~ .2 ~'~ ~~h.. <;. A 2 '0"; ~" -:: - - ... ~ V~' r. '1' ~ (- ,.. .'. " - - -"... ... 6h"",,~ ::: William G, Berg, Jr., C Y Clerk \"'4,. ,,<tt;' j ~ "0 '~r 1\\"''i. -:;l.p ~ -::-~ >f ~'f' ,,::: Copy served upon Applicant, The Pla~~~''Public Works Department and City 'flllnl H!\\\~\. Attorney. HyJC!J\C1, 11\ \ 0 U City Clerk Dated: ...,.20.0 I.J CITY OF MERIDIAN FINDINGS Of FACT. CONCLUSIONS Of LAW A."ID DECISION & ORDER C.ASI' 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 AJSD ZONING DEPARTMENT STAfF REPORT FOR HEARTNG LlAlio 01' 4ILX!()(, STAFF REPORT SUBJECT: City Council . Hearing Date: April 18,2006 & June 27. 2006 ~ Updated for Julv 18. 2006 findimu ~ 0 /" ,., '." .r~~ Mayor and City Council \...../YLendltf# ..- Joe Guenther, Associate City Planner?,. I; >.,,", . /) UPdated bv Anna Canning. Director .."~'''.....:.:~ ,.~ "..':'.' "1';t: TO: FROM: Gateway Marketplace Subdivision Variance File Number: V AR-06-002 . Variance request to allow a right in/right out access and II right Wright out with a left in access onto Eagle Road, SH 55 for Gah:way Marketplace by Landmark Development Group, LLC 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting II variance from Section 11.3H-4 of the Unified Development Code (UDC) that prohibits new vehicle approaches to state highways. Ihe Varianee application proposes a nCW approach to Eagle Road, SH 55, one access driveways for right in, right out with Ii possible left in at approximately 1,350 feet soutb of Us tick Road and one access driveway for right in, right out at approximately 845 feet south of Ustick Road. lID staff indicated that the proposed access point does not meet district policies. The Idaho Tmnsportation Department (!TO) has not approved any approach permits on this site and has made comment tbat this site does not qualify for access by standard district policy. The lID access executive couunittee met on March 22, 2006. At the meeting !TO detennined that llw 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. !TD staff acknowledged that they wc:re: required by state code to issue: the aCcess pennits to deeded acces~ 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 conunercial 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 final decision authority on the Variance application. The main reasons the applicant believes a variance is justified are swnmarized in Section 3.h. on pagc 2 of this report. :rb~. Council voted to denv the reouested access on April 18. 2006. Prior to adoption of the findiJll!S the atlDlicant requested reconsideration of the Council's decision. The Council conducted a second hearinl! on JWIC 27,2006. TIle aoolicant's reunest at that hearinl! was fur ril!ht-in nt:nnanenllv amI ril!ht.out temporarilvat two locations: lJ5P f~!lt south of Us tick Road and aoproximatelv 850 feet south of Us tick Road. The COlmcil voted to annrove rililit.in and ril!ht-out (oermanentlv) at both locations. 2. SUMMARY RECOMMENDATION Staff is reconunending denial of the subject Variance applil;ation (V AR-06-002) for the reasons listed herein. We do not find that the application meets all of the findings required in the UDC in order for the City Council to grant a variance (see Exhibit C). Section 11-3J-l-3 of the UDC does state that the City Council may consider and apply modifications to the standards of Article H upon specific recommendation of the lTD. However, to staffs knowlcdge, no such specific recorrunendation 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.;OI\ Acc.ss V AR-06-002 PAGEl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 n'lY Of MERIDIAN I'LN'lNING AND ZONING DEPAIUMENT STAff lI.~rORT fOR HEARING DATf. OF 41l$I06 Approval After considering all staff, applicant and public testimony, I move to approve File Number V AR. 06-002 as presented in the staff report for the hearing date of April 18, 2006, and the site plan (preliminary plat) labeled PP-I, stamped REVISED March 10, 2006 with the following modifications to the conditions of approval: (add any proposed modilications). 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 annexation or plat and you must state specific reason(s) for denial of the conditional use permit.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number V AR- 06-002 to the hearing date of (insert continued hearing date here) for tLn' following reasul\(s). (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site AddresslLocation: SE comer of Us tick Road and Eagle Road/SH55 Township 3N, Range IE, Section 4 b. Owner James Kissler 1125 W Amity Boise Id 83705 c. Applicant: Landmark Development Group, LLC Tamara Thompson L882 Toluka Way Boise ID 83702 d. Representative: Tamara Thompson, Landmark c. Present Zoning: General Retail and Commercial (C-G) (AZ-03-018) f. Present Comprehensive Plan Designation: Mixed Use-Regional- 2002 Comprehensive Future Land Use Map g. Description of Applicllnt's Request: I. See Exhibit A (prepared by Landmark Development Group LLC) for a copy 0 r tlte detlliled site plan which depicts the lot layout. building, parking and access locations. Exhibit B shows the proposed landscape plan. h. Appli<;:nnt's Stat"lIIent/Justifioation: The application notes thllt the mixed use regional designation provides for the overall site to be developed with a mixture of RetailJRestaurant /Drive thru and other Conunercial and office uses oriented around automobile traffic. The applicant notos 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; ITD has already granted approach permits for the project on the north side of Us tick Road; Gateway Marketplace Subdivision Acce<s V AR-06-002 i'AGE) CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007 CITY Of MERIDIAN PLANNING AND ZONING PEP ARTMENT ST Mf REPORT fOR 11EARlJWi DATE or 4118/06 We believe we are grandfatheredJrom tbe UDC based on discussions and annexation occurring before its adoption. S. PROCESS FACTS a. The subject application will in fact constitute a variance as determinerl hy City Ordinance. By rtason of the provisions of the Meridian City Code Title II, Chapter 5, Anicle A (Table Il-SA-l), a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: Council . 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 hcarin!! for this item on ADri118. 2006 and aDDfOved the Droiect. Before the fmdinas were adOPted, the applicant reouested reconsideration. Thc reconsideration hearin\! was initially scheduled for June 6. 2006 and cuntinued to June 27. 2006. f. NewspaDer notificatiorui for Council reconsideration hearing published on: Mav IS, 2006 and Mav 29. 2006. \!. Radius notices for Council reconsideration hearing mailed to properties within 300 feel on: Mav II. 2006 h. Annlicant posted notice on site for Council reconsideration hearin!!: bv: 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. c. Adjacent Land USl: and Zoning 1. North: Future pad sites within Schmitchger Subdivision, Lowc's site zoned (-G. 2. West: Sadie Creek Promenade Subdivision, Bienville Subdivision proposals. zoned (-G, RI, and RUT 3. South: undeveloped parcels zoned CoG with Redfeather Annexation. 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 File AZ..o3-018. Some property was annexed and zoned to General Retail and Commercial (C-O) with a Development Agreement while other portions ofthe 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 Opportunities I. Public Works Location of sewer: Extension of mains in U stick Road Gateway Markc:tplaoe Subdivision Acoc:,. V All.-06-002 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007 CITY Of' MERIDIAN PLANN1NCi AND ZONING DEPARTMENT STAFF REPORT fOR HEARING DATE OF 4/1~iu6 Location ofwaler: Extension ofrnains in Ustick Road Issues or concerns: None 2. V cgetation: Agricultural/Irrigated 3. Fluud plain: N/ A 4. CanalslDitches Irrigation: The Finch Lateral courses the southern part of property and the Milk Lateral courses the northern part of the property 5. Hazards: None identified 6. Sizc of Property: 22.85 acres 7. Description of Use: Retail, Office, Commercial, ano Reslaunmt uses and <<ssociated parking and landscape improvements along Eagle Road. f. Summary of Proposed Streeu and/or Acce.. (private, public, common drive, etc.): The applicant is proposing two new access points to EaKle RoadlSH55 to serve the Gateway Marketplace project at approximately 850 feet and 1,350 feet south of the Ustick/Eagle Intersection. 6. AGF.NCV COMMENTS All agencies provided comments for the plat application being heard simultaneously with the variance request. Please see lhe public record for the Plat file for any writtcn comments 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 oftbe 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 squore footage of non-residential uses and is intCllded to allow a broad range of uses. Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application: . Chapter vn, Gnal TV, Ohjective n, Action 2: Restrict curb cuts and acc""ss points on collectors and arterial streets. The ACHD evaluates (weess poims in their analy-<i.<: no dirt'ct 10/ tlCnes," is allowed to any of the arterialkollector roadways. The proposed access points /0 Ihe arlerial streets genemlly comp(v with ACHD 's standards. Plea,fe see the ACHD Slajlreport and Exhibit Bfor the conditions ji'Oln ACHD. The idaho Transportation Deparlment (ITD) has a policy jor access to a Type IV Principal Arterial will be at intersections only, and spaced at one-half mile intervals in urban ureaS. ITD al/ows approaches (other than intersections) in special cases and on " te"'porary basis. The Eagle Road access shall be eUminmed/rom the plat design if the Meridian City Council does not grant a variance and/or if lID does not approve an approach for this site. . Chapter VD, Goal TV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is proposing to construct appropriate buffers along all oflhe adjacent arterial streets with the exception of the curb cut shown on Ihe sile plan. By ordinance, a minimum 25- foot wide landscape buffer is required adjacent to residential uses and 35,fiwt wide landscape huffer to Gateway Corridors. The landscape plan shows the appropriate landscape bl!tJers. Gateway Markotploce Subdivision Access V A R -On-Om PAGE ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF RI:YORT FOR HJ;:AlUNG UATE Of 4/1 ~/06 "The capacity of arterial. . .roadways can be greatly diminished by excessive driveway connections to the roadways. TIle City should cooperate with ACHD to miuimize 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 aecess points on. . .arterial streets." (Chapter VII. Goal IV, Obj. D, #5, page 107) "Require appropriate landscape: and buffers along transportation corridors (setback, vegetation, low walls. benns, etc.)" (Chapter VII, Goal IV, Objective D, Action item 4) "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) 8. UNIFIED DEVELOPMENT CODE Till: folluwing UDC sections arc peliinent to this application: a. Development along Federal and State Highways: Unitied Development Code (UDe) 11- 3H-l, Purpose. Om: of the three PUIPUSe sl"lements is to "lituit acc.::ss points to state highways in order to maintain traffic flow and provide better circulation and safety within the commuuity and for the traveling public." b. UDC 11-3H-4.B, Standards: Access to State Highway - "Use of existing approaches shall be allOWed to continue provided thaI 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 COl1UIlercial use). 3. The intensity of the use does not increase (for example an increase inlhc number of residential dwelling units or an increase in the square footage of commercial space)." c, UDC 11-3H-4.B.2, Standards - "If an applicant 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~ling approach shall cease and the approach shall be abandoned and removed. I. No new approaches dircctly 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 balf-ruile connecting streets shall be collector roads." d. UDC 11-3H-4.B.3, Standards - "The applicant shall construct a street, generally paralleling the state highway, be designed to accommodate future connectivity and access to all properties fronting the stale highway that lie between the applicant's propeny and the ncar"'SI section line road and/or half mile collector road" 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Kecowmendation for Denial Listed below are various documents in the public record pertaining to this appJjcation. The relevant points within each document and an analysis of those points follows (sUltfs analysis in italics). For additional analysis, see the Variance Findings in Exhibit C. Gateway Markerplace Subdivision Access v AA-M-002 PAGI-' S CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007 CITY Of MERIOIAN PLANNING AND ZONING DEP ARTME!l:T STAFf REPORT fOR HEARING DATE OF 4118106 Annexation In September 2003, Planning Staff member Brad Hawkins-Clark included thc following constraints on the development agreement in the staffn'port 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 help implement the Eagle Road Access Control Study, prepared by ACHD in 1997" (Chapter VI, Subsection 2,pg.71) No access points are proposed nr addressed as part of this application. 1ne Planning & Zoning Department has had recent discussions with I1V District 3 (Sue Sullivan) regarding control/ed and restricted access points adjacent to SH 20-26, SH 55 and SH 69 in Meridian's Area of Impact.. We are recommending ITV coordinate with the City ofMeridia" to require backage roads be constrocted on all parcel.. with state highway fmntage, wherever the parcel sizes and confiJ(Uratinns aI/ow. Therefore, in light qf this recent pnlicy discussioll. stuff'is recommending the Commission and Council require backage roads (either p/4blic or private) be incorporated into fUture tiflVelupment as a condition of the VA. (Set< Site Specifi<: Cunditiun 1+3 beluw.) Site Specific Conditinn #3 reads: The DA shall require that all future uses within the bOlUldaries of this annexation only be approved with either a public or privall< backage street parallel with Eagle RoadlSH 55 be incOlporated into the design of future site plans, Testimony was taken at the public hearing on the Kissler Annexation February 24,2004. Council Memher Rirrl mArle the motion with a contingency on the extcnt of the approval that stated: "We are basically just annexing the property, we are not giving any go ahead on anything or any designs, so with that said I would move that we approve AZ 03-018, the amlexatioIl and zoning of Kissler, Cobb, and Ruwe parcels and to take condition numbe.r three as per applicant's statement" Develooment Allreement The following findings were made and written into the development agreement for J\Z-03-0 18. Adopt the Recommendations of the State of Idaho Transportation Department as follows: 1. SHl55 has been designated a Principal Arterial. IDT would like to preserve this corridor by recogni::ing thefolloYVing cnnditions: a. Future n'ght of way widths will be: A, 120 feet each side of centerline (140 Jeet tOll/I) for bl/ilding setbacks and to include afrontage road, nr B: 70feet each side u./cenlerlille (140 feet total) if the developer provides an internal fmnloge rood typ" '~vste'" to feeder mads, 2, Access to a Principal Arterial Type 1 V will be intersections only. and spliced at one ",i/e intervals in rural areas and one-half mile intervals ill urban areas. Approaches (other than intersections) maybe permitted in special cases and 011 a temporary basis asfollows: 0) Allowed until state highway system is improved by a constn,ction profect at which Oateway Marketplace Subdivision Acces, V AR.06-002 PAm' {, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AN!) :lONING DEPARTMENT STAff REPORT FOR. HEARING OATE OF 4/18/1)6 time an access will be provided 10 the property, which may nol directlv access the state highway system, but may be via a frontage or backage road. . 0) Shall be recorded at the County Recorders Office. (3) r""'poraT)' access restrictions will b", noted on the pernlit. 20. It is found that unyfulure uses will impacl the level andflow of traffic 011 the surrounding streets. Sp",,'ifk traffic counts will be determined at the: time of developmenl application. In accordance with Camp Plan policy #12 (pg. 79) and policy #2 (pg. 107), it isfound tJ/allhe number of vehicular access ]J<Jints 10 Ustiek and Eagle Roads should be restricted and comply with A CHD policies in order to preserve the capacity and movement on these roadways at buUd- out. Traffic Accident Dala The following is the 2004 accident data from the Meridian Police Department for the Eagle Road corridor. or the top 10 intersections in Meridian for total number of accidents, six of those intersections were along Eagle Road/SH55 (Overland, Magic View, SI. Luke's, Franklin, LaniU'k and I'airview). 2004 TOP 1U MERIDIAN ACCIDENT LOCATIONS INTERSECTION TOTAL. ACCIDENTS !;:AGL!;:tFAlRVIEW 82 fAIRVIEWtLDCUST GROVE 46 MERIDIAN/OVERLAND 44 EAGLE/FRANKLIN 41 fAIRVIEWtRECDRDS 39 EAGLE/MAGIC VIEW 30 EAGLE/LANARK 28 EAGLE/ST LUKES LN 26 MAIN/FRANKLIN 23 EAGLE/OVERLAND 20 In 2004,228 of 1,357 total accidents in the City (16.7%) occurred on Eagle Road. There is a dirl;Ct correlation bet Wl;:ell thl;: numb"" lie accl;:ss points/intersections along a roadway and the potential for accidents. The higher the accessibility, the lower the mobility. While staff is not arguing that every new driveway or public street access to Eagle Road will cause or be directly responsible for accidents, we do believe restricting the number of llew accesses helps to ensure a safer roadway. Eagle Road Arterial Studv - Final Report (April 2004) This study (not to be confused with the 1997 Eagle Road study referenced in Chapter VI of the Comprehensive Plan) was endorsed by the City Council in a January 2005 letter to Eric Shannon, lTD District Engineer, and was also endorsed by the ACHD ConullIsslOn. The study includes the following recommendations: Gateway Marketplace Subdivision Ae"".. VAR-06-002 PAGC 7 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY Ot- MtRIDIAN PLANNING AND ZO:-lING DEPARTMENT STAfF REPORT fOR HEAIUNG DATE OF 4m/06 Para. 3.2.5, pg, 4: "lTD and ACHD should work together with the municipalities t\l identify the specific public streets and private approaches On Eagle Road 10 be closed, over time, via access consolidation, provision of secondary access, elc. . ." ACHD has provided two access points 10 the Sile which lie llhmg Uslick Rc)(ul. The availability of Cross Access to collector and arterial road systems would preclude any access to Eagle Road which wOl/ld consolidate the accesses to the new p/4b/ic street (Allys Way) or the approwd approaches to Ustick Road, The.W<' approaches all lie within 1,350 feet of Us tick Road or 500 feet to the future collecrOl' roadway which would be an acceptable length of which commercial users would expect public road access. Para. 3.2.6, pg. 4: "The existing circulation network within and betwl.'en existing developed parcels should be reconfigured to reduce the number of access points to Eagle Road and to allow more local trips to bc madc without thc need to travel on Eagle Road. This concept should be incorporated into municipal planning and zoning policies. , ." Meridian's adoption of the UDC. Article H, demonstrates Ihe City's commilment (0 red/King Ihe number ullrips und pullen/iul uc;c;ideflb uflc;ug[1e RUl1ll, Access Analvsjs lID must issue a right-inlriiht-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 UDC 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 formally acted on the Variance request. City staff does not support any access to Eagle Road in this location, On March 22, 2006, lID conditionally issued the two access mints 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 V.tick Road at the fol1owinl'; locations: Driveway#l- 350 feele.ast of Fagle (right-in/right-nut with center mCllian) 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 inte::rsection was widened to include dual left turn lanes_ In addition, the recorded DA between the applicant and the City requires either a publi.: or private street be constructed parallel to Eagle Road/SH55. AClID has staled that the applicant shall provide cross access south and east to connect to the future collector roadway east of 1 he site and the cOlUlection to the signalized access proposed south of the site at River Valley Drive. ACHD staff will be in attendance tor the Aprilll!, 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 exces~ive point~ of aeee<< are allowed to Eagle Road ACHD may change the road project to a lesser classification or not construct Gateway Marketplaee Subdivision Ac<c:ss V AR_06_002 PAGF 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMEl'T STAFf REPORT FOR HEARING DATI'. Of 4/1$/06 thc= project at all. This project along with the Una Mas Project east of the site will conncct with Ally Street. a proposed public street serving as a collector roadway to the entin: area. The desib'II received March 10, 20061ines up at three points to the east as requested. The area plan (Una Mas Annexation) shows private, interIllll driveways connecting to the future public street; such driveways run mostly east/west connecting the Kissler site to Ally Street and ultimately Ustick Road. Staff has required both the ACHD and UlIa 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 notcs tlmt the DA requires the applicant to construct a frontagelbackage road, similar to what is being done by the Winston Moore project on the NW comer of Us tick and Eagle. ACHD has acquired property to facilitate the appropriate location and alignment of such frontogelbackllge road, but they do not have funds committed for construction. It may be appropriate to tie development of the subject property to construction of the collector roadway. For a detailed report on both ITD's and ACHD's actions and comments, please see the lettetSlreports submitted with the applicatioll_ ITD and ACHD will have staff available for comment and questions at the public hearing. Aoolicant ATllull1ents to Grant Variance The: applicant's a.-guments to g.-ant the variance were swumarized ill Section 3_h ()fUllS .-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 required by the UDC (I1-3II-4.B.a) is, "Was there a lawfi.tl and properly pennitted existing use effective September 15, 200S?" The answer is "no," because the site was annexed, but did not have any specific uses approved nor any use pennits granted for the property. All properties being annexed into the City of Meridian requile future uses to be upgraded to meet the City of Meridian Standards and required all future uses to comply with Comprehensive Plan pulicies and oldinance standards. lID had not approved access pennits to this site prior to September IS, 2005. The faet that ITD has already granted approach pennits in the ar"" is also not the issue at hand for the City Council. The City Council is cbarged with enforcing the tcmlS of the City's ordinances - in this case Article H of the UDe and detennining the variance based Oil 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 ITD's policy that states a fronta?;e "type" of connection may be utilized, which does not have to be with a public road cornlection. 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 (fi.ttW'e Allys Way collector) which will provide the frolltage road requirements for the subj eet site. Planning Staff required multiple cross access points to the north w lIich were to be designed as commercial collectors with appropriate widths and limited connectiollS for all sites SE of the Ustick Eagle Intersection (Una Mas and ACHD's Annexation) StatI conditioned these road connections to serve as the frontage type roadways with limited access Gateway Marketplaoe Subdivision Acc",S V AR-06-002 PAGJ; Q CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERJDlAN PLANNING AND ZONING DEPARlMENT STAFF REPORT FO}{ HEAKlNU UAT); OF 411 S/06 (no parking) as required by ACHD for traffic circulation and no further connections to Allys Way. Access to Eagle Road would not be necessary if properly designed and managed. These public access points are less than 1,350 feel from any point on the site and when properly designed, staff feels that the si2e of the site does not constitute reason for a variance as it is common to drive less than 1/4 of a mile when accessing a public road system, especially for commercial uses along a major roadway (Vstick Road). Furthermore, the UDe includes a statement that an access "may" be granted, if approwd by ITD. However, the UDC ell.plieitly stntes there must be un "existing use thm is lawful nnd 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 City 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 and g.rounds to grant lIeW vehkular access points to Eagle RoadlSH55. Pl<llUJil1g Staff find: The request does flot meet the standards for access approval as required by {mC 11-3H. · The letters received from !TD during the 2003-2004 annexation process makc no guarantees that permanent access points would be approved · ITD specifically stated their opposition to access at this site in 2003 and the City of Meridian incorporated their recommendation as a consideration for armexahou. · City of Meridian Council Members are on public hearing record in 2004 opposing access points to 12agle Road for the eastern side of the development and required a frontage road access only. · These access points are not shown in the Eagle Road Cotridor 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 Council IIlay want to consider tying development of the subject property to the construction of the Allys Way collector road. The finding for frontage road will satisfy the ITD policies for interconnectivity 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 finding would not be made_ Finally, we do not believe the applicant's arguments meet the "findings test" for granting a variance. Therefore, staff reCOJ1llIlends denial of the subject application. We have prepared findings consistent with this recommendation in Exhibit C. Gateway M ",kelpl."" Subdivision Access VAR-06-002 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND LONING DEPARTMENT STAfF REPORT FOR HEARING DATE OF 4/1 K/06 10. EXBffilTS A. Project Plan (by The Land Group, Stamped March 10, 2006) B. Legal Description c. Required Findings from UUC (Variance) Gateway Marketplace Subdivi.ion Ace.... V AR.-06-002 rAGE II CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY UI' MERIDIAN PLANNING AND ZONINO DEPARTMENT STAfF REPORT FOR HEARING DATE OF 4/18/06 Exhibit A: Overall Concept Plan (Red Cliff Developmenl Company) Meridillll Gateway Varianee Application Ei'!;hibit A rpgc 1 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 IT or 4/18/06 11111"1 I II:;! I I "II J J I.. e . I I :I'ililil!~ pill B I I ~ li ..... ....i ~.lI .lI 01 ~ ;r;:ll" f1.S @Ji~ "ill I W'r , u!m i aSI ~" , f .....4f I 11111111 ~ 1111'11' " "I!IIII ~ ~!6' ~ ~j~l~ I U!~I~~ ~$I; ~ 6~1i!,., ..., ~ '" I ~ Hlill.l; 1!llll'l! I 11111, " r! r , ,I ...9~O '\-- " I I i III o!:~~t~~...\.>/ . , II i ft 9,' II ~ 11,*,1. ~ , I I, II. I; ~t' " I II r. IJ : II ~, " jl j' i : I ,: ,~ Ii Ji : ;; oj.. I GATEWAY MARKETPLACE SUBDIVISION Pl1lliminary Plllt "'0_.- Meridian Gateway VBriance Application Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007 CITY OF MERIDIAN PLANNING AND ZONING DEP ARTMENT STAFF REPORT FOR Hf.AKlNIJ VA It or 4/1 S/O~ Exhibit B: Legal Description claiborn ..... waite consultiIl9J..II~. G"9lneers & surveyor'8 120 N. Curtis Rd. Bois., ldoho S370G (208, )76..s~5S FIUI (20ll) 429-9862 P.N.2279 October 20, 200S PARCEL "A" VSTlCK PROPERTY REMAINDER PARCEL DESCRIPTION A parcel of Iud lying in Ihc NDnhwcs1 1/4 of Seo;tion 4, T.3N.. R.tlO., B.M., Ada COWllY, Idaho, IIId being IIlOre pa/ticulll1ly described ... follow!: Coalrnencina It the NOIt/twealoomer oflllid Section 4, thence S 19' 49'08" 10 -8 tho NOIth bounduy of IlIid Section 41nd tho _crllne ofUllIick Road for a dilllanCCl of 97.62' feet; lllenee laaYing laid NOIth boundary...d centetline S Ot' 50'52" W fot a cIlIlanco of17.96 fad to I poiIIt on the SouIh riahI-ot-way line otUIl!id< Rood, ......8 !be IlEAL POINT O' BEGINNING; tllcnce along aid Sautb right-af.WlIY line fur lhe IbUawing 13 COlll'SeS; N 44 02'14" E Ibr a diSlIlllCe of 47.06 feet; lboneeS 19' 49'OS" Efaradlttanceof262.BI ~ thence S 42" SI'21" Efaradisu.n.., af41.1I_; I'-N8717'IO"EtOradiu-of29.03r.; the8ce N 42' 43'3S"E foradi_ af40.S7 feet; then.. N 89' 1)')4" E for 0 di_ of 179.28 fcc, (rormerly dcsoribed.. 179.20 foa), :,k..al.\,; ~ o:.r :~5' ,;tn [ i"iJl .. ti~~Lkdl,.\,. U, I ~I."';J u:t:~, lheace S 89' 49'08" E for a dill8nce of 1000 feet; 1)ll,:n("t:!\:"I~1 ; .'> ;":11 :'II''";:.'',I'i..t i~4J tC'cL C:IP",Jects\UIli<i;LV, (22?9ll1loaJ1noou_ ,,_ I _ Meridian Gateway Variance Applic.tion Exhibit B P.ge 1 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 DATE OF 4/18/06 claiborn ..... waite consulting~ engineers & survllyOrs 120 N. Curns Rd. Boise, Idaho 83706 (208) 376-8555 F&ll (208) 429-9862 P.N. 2279 October 20, 200S PARCEL "8" USTlCK PROPERTY 5.51 ACRE SPLIT A pareeJ of Iaad lying in the Northwesl 114 of Soction 4, T.3N., R. IE., 8.M., Ada COUlIly, Idaho, BReI being more paJticularly de:&eribed as follows: Commencing It the NOItbwest COtllllr of said Section 4, thence S S!l' 49'OS" E 11Io118 the North bound"y of oaid Sec:tion 4 and the _line> ofUltil;l( Road for.. dillam:e of 97.62' feet; thcnco leavills aid Nonb boundaJy and centerline S or 50'52" W for a diltallce of 77.96 feel 10 a point Od tbe J:i.ut ript~f.way line ofllqle Road: thence alollg lI8ld Eut risbt-oC-way liDe SOl' 50'52" W for a dilltance of1038.43 feet to the RIAL POINT OF BEGINNING; tbence COlItinuins along llid But right-of-way line S or 50'52" W for a di5t..- of 154.90 feet; thtlll:e S 00 36'13" W alOllS said East right<of.way line for I dJltuIee of 114.17 feet; theacc IllavJas said Eut rigbtoof.way IiDe S 8'1 51'00" E for a di_lutCcI of 700.02 feet; thllllCCl N 00 36'1J"E for a dJlItatIce of93.77 feet to the South bftundary ofGo"""""ent Lot 4 of aald Sec:tion 4; thence S 8'1 51'00" E aloR8 Raid South boundllr)' for 8 diSl...."e of 61 35 feel, .~,..~/",... 1I9o!l'\-.~nf' ~~:~ ~:"'!':;h ~.:l:':j~~'~r:' ~' ON' ~ ~''''1r:.' r r.., 4; II :("':11..... L-~-~". i. ""; ft..:L, thence N 89' S 1'00" W for B distance or36J.OO feet; II ~'n..;' '(I I" r.(]" \\' :-": ~. Jbl~h.\. ~ ui l., V.I f~I'l C\f'roJ=.\l1sticU.LA (:l279)\DocumenlslPll'CCl B.d",,_ J _ Meridian Gateway Varianc. Application Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DE!' ARTMENl S I 'AI'-" REPORT FOR HEARING DATE OF 4/18/06 thence N 89' 51 '00" W for II. distance of J 7'/.00 feet; thence S ocr 09'00" W for II. distance ofJ4.50 feet; thence N 89' 51'00" W for a distance of218,67 feet to the REAL POINT OF BEGINNING; containing 5.51 acres of land, morcorless. Prepared by: Todd R. Waite P.L.S, C:\Projects\UslidLLA (2279)\DocuRtenls\Pan:elAdoc- 2 . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY Of MERIDIAN PLANNING AND ZONING DEP ARlMENT ST AFr REPORT fOR HEARING VA H. ur 4/1 ~I06 Exhibit C: Required Findings from UDC (Variance) The City Council shall apply the standards listed in Idaho Code 67-651 (i {inti all the findings listed in Section J J-5B-4.E of the UDC to review the variance request. In order to grant II variance, the Council shall make thefiJllowingjindings: A. The variance shaD not grant a right or special privilege that is not otherwise allowed in the district: If iii. ("it)' ('"unGil gt'llRlS Ih. aaGSes J38illt Ie I<agl. Ra&d.'EHSJi, it ',\ "...111 gmRt a figHt tlu.1 is elllnntl) J3rahillitea Bel eflly iR the C C nile lllil fer ill.! flew d8\'eJeJ3HlBflt a<ljaeeHlle state kigkway~. Tall applieallt aas gesfl 8aflaitjaBIlll ta IlFs':iae a .feSB ileaellll fFEmtage FailS 5,6Iel.\ III .. Hiea taey 00\'8 agee!! \. Kh the Plallll:iBg ('eHllHissiSB fiRaiRga fElf tile llF~set lIpjlfe\'aI. TRe ilJIllliGaat HaB more tl:laa 899 reel \\'ila too:!! eeooe6tisRa Ie {JoliElI( Read, hns J3eint5 sf <IrBS" "6""53 ts tlie ...ot, I",a J3eiats sha.. R te the ostllk lIl~d eRe rtlblis read IlItlll 1a ..-'.Rye W.ay Ie tile BasI \":itll wmsa tB saaigR fRtllti~le assess IlsiRIe alHllake )'luelie &treet aeeees as eaewR witll tae 22.8S aares af a..allilLatisR iR 2991. The [,.,lIe.. in, 008 ssuIs... aalJ:.lct 1111 met. "Use ef ellioling "fIJlrel\d,es Baall \,,, allawea 18 6SRlHIlIll J3royiaed that Ihe fells.. mg eeaailieBB are met: 1. Tke SHi~tiJ.l&. tl5e is 1M. ill a.R.sll'rap~rty ,._&~"":tt!!cI.eff.oeti\ e ~ !!pleill1:l~r Is, 2005. The II/Ifl!! 81'1 the [lIIkjeer site Jill. 8 /lBt hacil f118pou-i. 2. Tk.e Ratarl! 8ftk~ tin!. tlSI!S !let aka~e (laf eUAM,l! a fesiaential '\;15.! 18 8. cofHHll!!raittl lI-e~, 'RISII8H1Fe Dfthe site 'I'm eha1lge.fre", .ip'iell.';wI'a! IIi Cs"''''s''eia! J. 'fk.e KM!.MM:, afthe UlSe eee5 Ilst inareas8 (fslIl!JUUH,l! at\. i.ti.!..rl:;6:)~ iu tlU:lllt:lIHl=lldJ u[ fflsiatllltjal aweRiHg 1I1'1ile af all iftOfellBe iB tae el}tl8fe festage af eSHlfflereial Bilias}." 1148 inlell;fiE:l' sft\s siren'ill i1i~eIF6'" 1 siRglt J'W'lIi/:l. r~g.siJk1ifS en ~. i!jN!tllr8.~ g, al;(rul E6 St'S'1 25g, ggg .J"tM/~ /C8t s..,r SSJTfJff81 2ia.! h!l.UJings. The sal!aeil aile" Bsl HnB lkal tEe relttlest ie eElRsialeal with tHe UDe seetiens whi0a ilJIfll;, ta tllis site. !lestisR II lII:; af l-ae u:;QC Bees BIllie IEallke City Celolaeill6i'!y 6slisiaer all-a "1l1Ol1y !BS aiHellliall6 tEl tIlll stilRdafae ",r Miele H lIpSR Ilfleeilie fllGeftlffleRafltien Elf Ih.. !TD. IIe-Ne. er~ t6 staFf'alEAI!l-"lelige, Be sueR re8s!EBfJl!!!ltSaliell 8&8 eaee preyiasa te d8t~. The Council1inds loot this variance will nollllant a snecial right or llrivilelZe. Because so much of EalZle Road has develoned with many access DOmls. the adopted Code has the efreel-of penalizlnlZ pronenies that arc now trving to deve10ll alolll! nit, corridor. The Coundl supports considering each Dronosal for access to Eagle Road on a case.bv.case basis to evaluate this findine. B. The variance reUeves an undue hardship because of character/stks oftbe site; CWBsil fmEll; laeF<illlftl as J3B)'sisel ehafaetElFisties ef ifte sile whiM aBlIlaRa ae.sSJ Jlsints lie eenslFIlated laM lIftl any mare IDli!;JIIEl !!r dilfeflllll than elHer )'lFllJ3eFtias fllang Eagla Raal!,lSJ;Jjj. ,ar lllUlR'lflle, tAe," "R' RfI R'lajar saR8.la Bf E!ilaR.s wRj.h 1'.e.."..1 "ISsei::; 10 Utllial! Rasa. Tall .wjesl JlFeJlaf!)' has DO llaFFieP6 te eeRlleetiHg tmlltiJlle a00eGS Jlsinta 18 Ustjell Reaa ae llpIlfil\'illIll;; .\C:UR SettlerB IffigtltieB Dietfiet 1,\ UtllE! ails", tile aJlJllieaat la ee .'er tllll Milk Late if FEllfllllSteli fer a aaMI ilfs5eing, Meridian GilI.way Variance Applicati"n I'xhibil C Page I CITY OF MERIDIAN PLANNING DEPARTMENT 5T AFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY Of MERIDIAN PLANN ING AND ZONlNG DEP ARTMENT STAFF REPORT fOR HEARlNG DATE OF 41l N/06 GFlIRtiag tae ~re):le5eli a6eea~ ):Ieift! 1fllI) relieve eaHle tFllJ:Ha eel'lgeruea witmR tae site lleGaeae se1*llthellali tfftffie eft I!agl@ Reaa.'EHH .. selli ul ee ferees Ie Irayel "I!.BI te Vetiel. Reali III gel tbfeegk lae Eagl~~liel. inulfseelieB, MyerS .,6els p611l1ltially Hlalre II free Fighl eet teffi ans merge ,..ita lfaUie, aev; lWer merging tfilJ:He 5113'11 5 lle NR te@ il8'Y Af tFaf*ie "'Iliel:l is 1I11il'Mflel'iell tAr All llllri..itiElllAl I Q FRiis -,')'iSR \. ill ji'RAI'l:" 6nn,~6 relft!6lieRS iR sp eed 6R ~lIgle Read. Fartlie~6re, Ihe Bee Fight slni 80 is net lisH te a flftyeieel ehftftleteRstie sClbe site, wmoll is what this HRaiilg rell:lIif6~. 10 aaElitieR, WHile eeflSlftletien lipgFilaeS SR Ustiek Rllall1l8st efEllgle R911El 8Fll 66Hlplete, a Rghl: RlI1'I3 tl:l!B eR te sagle Read tfe91 t6e s~jeet pfepel'l:,' sR6lilli ee r-elati\'ely simflle willi. Iiltle 8f l'Ie stiteleR! fer Rel'lReellnB tFBJ:He, a eelMJslleEl inte'Ge.,tieR, eaa Hllolltiflle tlHBiag laaes fer B8f(h8e~ traJ:He. . Assess te llie site in the NlllFe will ee readily if':itilaele fer Seytaeolllul (;ranie al Ri. er Vallay Dfivl.l 'Nhieh /.'ill BIl a sigHalii/!ea iatefoeGtioo, this traiIie flew will thef!. llElHtiHutl Be,.tk i'll_ally ....e1..he.8 aelditiefllll t..,ffie I'ressltreG &fl Eagle Reaa, ACHIMnay-aet allilEl IRe .^...Ilys 'Nil} eeflfteetiell if l:ll.eessi..e aGsess peiHtG te 2agl~ ReaEl t:11l111l'ele willi. the inteffi!M eellaeter read eysteffi. A fundamental physical feature of Commercial deyelQPment is access to Ihe propertY. Thc proiect does haye frontal!C on USlick Road. b\lllraffic volumes on Vstick may only allow right-in turns. Until the Una Mas property and Allys Way are developed. this leaves limited access to the property, Ths Council [mds thai approved right-in. ri~ht~out access points willlinut the safety concerns and traffic irona"l. whikproviding access ,to the: site and relieve an undue hardshio. C. Tbe variance sbaD not be detrimental to the public health, safety, .lUd welfare. Celitleil Bllds that graAtiRg t6e Rgftt iBlflgfit elit ',,:ilk left ill SiltieR aGEless peints Ie Eagle RSllelli!:UH halllk.!l ~8lenlial af i'ler"asillg trafij" eeMliets d,.. '8 ,I.. ....mlllsed 1RtiHI...- ef velliell.ls thai widllleed Ie AlilFg8 v\'ilk elEisliRg Sslithbs\lHB IraFfie ailEl ey erfl~siH!; Iwe llUle6 ElftrafHe Ie seIer ~e site, GrantiRg a full HlevemeRt eeeeS5 as re~1l8.tea \l} tBe (:eBlDilisei8R kaB lee adElitieulpeleatilll eeniliet af lldEliag vehisles te tae eeRter 1\IfH laRe, seeR aeee5S aeas Rei eefRpl) ~ ilall18 Eagls Reaa CeffiSBr study, eas 5\leallaee5~ sle'.. s lf8flill s,esBs ..Here me speesliffiit is ~~ miles per Rail!. ^ ueiliele geiftg 55 milee per ReM will tFBvel g9.68li feet ease. SeSelle, ae tiu stle is ~nly I,HQ feet 16ag. it weltls tal~ e aeRB belHlB ";ehi6Ie lI\'lllr~JBHJatal:,. IS seesads 'a ell er lile eRtife leaglk Elf tAe ae, elepBUl!.t ",seFe . _elee welol!E1 ell IHeFgiag iR "1l.kiJll..lan8~. If a eMe. mesiaa is eeastFUeteEI as ehewR ea tile '&gle &eM Cafflser SfliEl), a Jleflll,aaeftl: ell!l'ier will eltist Ilt tae IBsabBR eCme rBEjl:leSIe811eeeSS wmea Eleea net sRe'x llR aoeeleteti811:a~eeleriltiBfI laRe fer Wffie ftll88sBmg lhe sits. We reeElFIIffieRe tas MIlfiEliaa Fire ilREI Peliee n..altlReRfs. prs-'iEle RlFfk8r t8f1ttMH4fl}' OR tRiR i~RU.el. A full access interseclion creates 32 potential conflict points. A right -in. right.out only with center medians limils Ihe notential conflict nointli to four The aoolicant omooses 10 mitigate these four conflict voinls by vrovidinlZ adeauate acceleration and deceleration lanes. The Council fmds thai auuroved righl.in, right-out access ooints will limit the safety concerns on the site and will nol bc detrimental 10 the uublic health. safety. and welfare of the comunity, Meridian Gateway Variance Application Exhibit C Paee 2 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Exhibit B: Required Findings 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 ll-5B-4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings. 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. Ifthe Applicant provides, at minimum, a 20-foot wide landscape buffer on their property and landscapes the "surplus" right-of-way, the Council finds that a special privilege will not be granted to the Applicant. NOTE: The UDC (1l-3H-4C3) requires a 10-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 10 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 lID completes the improvements on Eagle Road, Staff recommends approval of the subject variance. c. The variance shall not be detrimental to the public health, safety, and welfare. The Council finds that allowing the landscape street buffer variance on Eagle Road will not be detrimental to the public health, safety, and/or welfare.