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Home My WebLink AboutGateway Marketplace VAR-07-010 MI-07-008 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER "'-~ /"''':'w .~ I,.J'VLdrit:h:n~ l ,ID.\IiO ~ ~. ~'l 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 AR-07-0IO & 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. ~67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan 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-07-01 0 & MI-07-008 ---- 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-5A. 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 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 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-07-01 0 & MI-07-008 By action of the City Council at its regular meeting held on the I ?~ day of v'kllJ ' 2007. Copy served upon: SEAL _ R~ ~ ,f, ff ~ "'6 ~r 1.1 ." R! /' '/-//// "f ~. "_ _ .., (.1'...~..~ v Applicant /IIII~T' . \\\\'" ." . 1IIIf/1" 11,,,1\ v Plannmg Department + Public Works Department By:, jQJJl ~meY Dated City Clerk's Office COUNCIL MEMBER DAVID ZAREMBA VOTED ~ COUNCIL MEMBER JOE BORTON VOTED ~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED - COUNCIL MEMBER KEITH BIRD VOTED fr- TIE BREAKER -- MAYOR TAMMY de WEERD VOTED {l ATTEST: I-'~VJ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). V AR-07-010 & MI-07-008 CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 STAFF REPORT SUBJECT: 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 c{{;;di~ \ \ .;J< Ill.\HO I ,,,-""'""", !lI\' HEARING DATE: TO: FROM: · MI-07-008 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 1l.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-07-010 & 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 KisslerlDealy properties that outlined building locations, access points to Eagle Road, utilities, landscaping, etc. The applicant feels that because of this plat, a CUP should no longer be required. Because of the Gateway Marketplace Preliminary Plat Conditions, there are conditions in the DA that that are now outdated due to the subsequent approvals/requirements. The property is located at the southeast comer of N. Eagle Road and E. Ustick Road in Section 4, Township 3 North, Range I East, B.M. 2. SUMMARY RECOMMENDATION The City Council has final decision authority on V AR and MI applications. Staff is recommending approval oftbe subject Variance application (V AR-07-010) and Miscellaneous application (MI- 07-008) for tbe reasons listed berein. Staff finds that the V AR application meets all of the findings required in the UDC in order for the City Council to grant a variance. (See Analysis, Section 8, ofthis report, for more details.) SUMMARY RECOMMENDATION: (Insert after Commission Summary) The Meridian Citv Council heard these items on .Tulv 3.2007. At the nublic bearing thev annroved the subiect V AR and MI reouest. .a... Summarv of Citv Council Public Hearing: i. In favor: Tamara Thomnson (ADDlicant) ii. In onnosition: None iii. Commentim!: None iv. Written testimonv: None v. Staff nresentiDfr aDnlication: Anna CanDimr vi. Other staff commentimr on annlication: None .b.. Kev Issues of Discussion bv Council: i. Removal of original Dossiblv outdated ComDrehensive Plan Dolides and SDedfic reouirements from ACHD. Meridian Fire Denartment. and ITD noted in the DeveloDment Agreement. ii. If the subiect rhrht-of-wav (ROw) is indeed surDlus and ifthis ROW will be used in the future for wideninp of Eagle Road and the "coDosed buffer removed. .to. Kev CouDcil Chanpes to Staff Recommendation i. Include a note in the Develonment Apreement that if there are conflicts witb apencv comments. the most current comments/conditions will anDlv. ii. The ADnlicaDt shall submit a Certificate of ZOniD\? Comnliance for the internal traffic circulation aDd Darking 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 subj ect 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 DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Continuance I move to continue File Numbers V AR-07-0l0 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 of E. U stick 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 subject property to remove the requirement for all future uses on the Gateway Marketplace site to obtain Conditional Use Permit approval. h. Applicant's Statement/Justification: In laying out the details of the off-site widening on Eagle Road, it has been determined that the Idaho Transportation Department (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 subrnitta1letter 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-07-010 & 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 II of the Unified Development Code. It has been detennined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will, in fact, require a public hearing before the City Council. c. Newspaper notifications published on: May 28,2007 and June 11,2007 d. Radius notices mailed to properties within 300 feet on: May 25,2007 e. Applicant posted notice on site by: June 14,2007 6. LAND USE a. Existing Land Use(s): Unimproved b. Description of Character of Surrounding Area: There are Kohl's Department Store, Lowe's Home Improvement Store, several single-family homes, planned retail stores, and other planned commercial and office uses in the area. c. Adjacent Land Use and Zoning: I. 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-03-018) approval with a C-G (General Retail and Service Commercial) zone. A Development Agreement was also approved with the annexation (Instrument No. 104107406). There are multiple parcels, on both the east and west side of Eagle Road that are associated with AZ-03-0 18. ).> On July 13, 2004, the 5+/- acre KisslerlDealy 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-07-010 & MJ-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 Ustick Road / Sadie Creek Location of water: Extension of mains in U stick Road / Sadie Creek Issues or concerns: Water main connection in Eagle Road is required. 2. Vegetation: Vacant land with a few trees (contact the City Aiborist, Elroy Huff at 888-3579, to determine ifthese trees need to be mitigated for) 3. Floodplain: NA 4. Canals / Ditches / Irrigation: There is one irrigation/drainage ditch that bisects the subdivision and one that runs along the south boundary of the subdivision. 5. Hazards: Staff does not know of any hazards that exist on this property. 6. Size of Property: 22.85 acres f. Landscaping: Per the Future Land Use Map, Eagle Road is designated as an "Entryway Corridor" adjacent to this site. As such, the UDC (Table 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. VAR Application: The Applicant is requesting a variance to UDC Table 11-2B-3 and UDC 11- 3B-7C2 to allow a 15-foot wide portion of ITD right-of-way (ROW) along N. Eagle Road to count toward the required 35-foot wide street landscape buffer. The Applicant states in their narrative that ITD's long-term plans do not call for utilizing this right-of-way. The ITD's right- of-way varies from 16 feet to 26 feet; the applicant is proposing to landscape all of the unused right-of-way along with the 20-foot wide buffer proposed on the site. Staff has discussed the Applicant's request with Kevin Sablan & Wade Christianson at ITD and they have stated that the right-of-way along Eagle Road is not "surplus" nor is it anticipated to be designated as such in the future. They cannot guarantee that Eagle Road will not be widened in the future; however, at this time there are no funded plans to do so. A right-of-way encroachment permit is required for landscaping within the right-of-way. The UDC (11-3H-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 to-foot pathway on-site. This will reduce the landscaped (green) area on their property to 10 feet. The landscape buffer along the CentrePointe development, located on the northwest comer of Gateway Marketplace V AR-07-01O & MI-07-008 Page 5 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 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 ofthe subject property. Smitchger Subdivision to the north provided the full 35-foot wide buffer as required by the UDC and landscaped the unused portion of ROW (approximately an additional 15 feet). Staff believes that the intention of the buffer requirement will be served and will be comparable to adjacent buffers on the other three comers of the EaglelUstick intersection if the applicant landscapes the unused portion of ITD ROW, in addition to providing a 20-foot wide buffer on the site as proposed. Further, the width ofthe landscape buffer provided will actually exceed that normally required if the right-of-way is allowed to be counted toward the required buffer (ROW varies from 16' to 26'). Staff supports the Applicant's request forthe afore-mentioned reasons with the provisions stated below in Staffs recommendation (Section 9). MI Application: The Applicant is requesting to modify the existing DA (Instrument No. 104107406) for the Kissler property, Instrument No. 104107406, approved with the Kissler annexation (AZp03-0l8). ). This DA modification also proposes to include the 5+/- acre property to the east annexed as the Kissler/Dealy property (AZ-03-022, DA Instrument No. 104093292) into the existing above-referenced DA for the Kissler annexation. The Applicant is proposing to amend the DA to remove the requirement for all future uses on the Kissler and 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. Staff is generally supportive of the DA modifications requested by the applicant, as they update the DA to reflect the subsequent approvals on this site, with the changes made by Staff shown in Exhibit A4. 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 ACHD, the Meridian Fire Department, and the Idaho Gateway Marketplace V AR-07-01 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 of the variance with the following provisions: a. Applicant shall meet all terms and conditions of approval of the annexations (AZ-03-018 & AZ-03-022), development agreement (lnst. No.'s 104107406 & 104093292), preliminary plat (PP-06-002), and variance (V AR-06-002) previously approved for this site. b. The Applicant shall provide a 20-foot wide landscape buffer along the Eagle Road frontage on the subject property. Said buffer shall be depicted on the face of the plat within a permanent easement or a common lot, in accordance with UDC 11-3B-7C2b. c. The Applicant shall obtain approval from the ITD (right-of-way encroachment permit) to landscape the surplus right-of-way for Eagle Road adjacent to this site as shown in Exhibit A- 2 (surplus right-of-way shall mean all area behind the curb). d. Landscape materials shall be generally installed as shown on the Landscape Plan (Exhibit A- 2) and shall be in compliance with the requirements of the UDC. All trees shall be planted within the subdivision's required 20-foot wide buffer as depicted on the landscape plan and not within the right-of-way. e. The applicant shall be responsible for constructing a 10-foot wide multi-use pathway within a public use easement and installing streetlights and landscaping consistent with the Eagle Road corridor study. Said pathway shall be constructed within the boundary of the subject property along N. Eagle Road and not within ITD's right-of-way, in accordance with 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 3.2007. At the nuhHc hearinp they ann roved the suhiect V AR and MI reouest. 10. EXHffiITS 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-07-01O & MI-07-008 Page 7 CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Exhibit A-I - Zoning/Vicinity Map o;.~ /'~~~ ~ "', r ~f/ _-it _='1'1 (\ JJIS"i ,'" . ~:=, - llilltu -sll[ 1 EJ~~ 11 :1:: ~ 22ttd';o y 1~\1I111111 : ~~~ ill " 1~tfFfffri'f:::: ,,\\-. mil ~ 8T , I(~::/ I 1I1I1 "., w :;j '.1 WI' - ,-----.Ie;:.... -f.- Lz .,~~ --------.. lu - ~ I~ ", \;j "--I--~__" ------- ~~ ~~ R8 . R15 ~ ~ ~~;~~ -. ~ ~ f-~ 1.1 / ~ 'Jik"-.f ~IE ~b\.l E 1- III I -l ':1 '_ I i 1 -r -~..)- 7 I \ .., I _ :.J ~ ::.:; ..." ["'C ~ ~ ,;.,; Rl ~ ~ ~;.;\~ R-8 " " Si: -t'1 ,\.,::,. 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III,., 'UIIIIIII I d I ~ I I ~pOQ." ~!!!'~, !!( I~' HI I - :::: · II+ttjttTJJUIII l---- g' I I I .; ;; 'w !..'l/Mil!,u'. _ ~~ I It'd II,~ il,' ~I~d n. J '.~,. =- - I;' 2)"~{ g I ~ B~l.t>"/ 1 1"--'" li:i ~. I)':"~ ~~~'~ '~i~: a~I ~I II~IIL. ~ :j+U0~ Ill' Ilr - 'd:r~~.j !J11~!: ]11' [ ." . JTTT: . Ill- , H " ". , I ] ="" r--~i I 'i :,=:; . '--, -f--- -,~ i l+++++!tlrltl '-.. T . ',' , ~. " ~--: I -:l., -I-;'-;-I-nl illtlC .[. r1T i T'I'r'L~~->'/ T 111\1 . \- .. '"io~" ..,,::~- --- -~--,/:._-+, W--~ ,t' ~- ---"'1""" - --, . - - -~,. --- ~. tll . 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 KISSLERJDEAL Y PROPERTIES" aka GATEWAY MARKETPLACE claiborn ..... waite consultln9~ engineers & surveyors 120 N. CudilId. Boise. JdIIlo 83706 (208) 17"'" Fax (201) 429-9862 P.N.2279 Octobet 20, 2005 USTICK PROPERTY BOUNDARY DESCRJPTION A pwccI of land lying in the NortbweJt 1/4 of Scctioa 4, T.3N., IlIB., S.M., Ada County.ldIbo. ad beiDa more pudaularIy dcaibcclu tiIows: COllIDIOJKliDa at the Northwee, <<nW'ofsaid Sootion 4, theaIce S 89 49'or E aJons the North bouDduy of_ SecIloo 4 -.J the ccnt<<Jino ofUIIiclk kcMld fbr a disance of g,.62' feet; theaoe leavma IIld North bounduy &ad ceDllltiDe S 01"50'S2" W tOr. dilfalOeof77.96 r. to . point on tJae South risht-ol-way liDe ofUstiClklloed. .ns t1ul REAL POINT Ol'8IGJNIONGf 1hence aJOIII said Swdt fisbt..of..way line for ,be fbllowiDs 13 counes: N 44' 02'14" B ibr a dil&aDCle of 47.06 feet; dIence S 89' 49'08'" B for a di8tance of262.11 &ct; thmce S 47 srzl7te for . cIi8rance of 41.18 feor; d1en_N 87 17'10'" Btor.di.........of19.03... .... N 4Z 43'3,.. B ibr a dietIDoo of 40.57 feet; thence N 89' 13'34" B for adiJtanco 01'179.28 feet (formerly delCribecl as 179.10 feel~ theaoe S 00 35'55" B fbt a diItaDce of 15.15 feet; tbenee S Sg 49'08" E for a diltaDce of 10.00 &eI; t:b.eMe N 00 3S'55" E fbr a diIIaDce of I '.41 led; tbeftceN IV 13'34"B for a diaIanoe of81.01feet; C:~(22~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 of4J.J7 feet;. theDCe Nag 48"02" B for a diItBDce ol39.00 feet; thence N 43" 12'19" E lor a di8t1DCO 0125.70 foet (tomerly dOSGribcd as 2S .84 feet); theooo JeaviDs Rid South risbc-of'-way liDo S ()(J 35'00" W for a diShlrlCe of 1241.57 feet to the South boundary of Govemmeot Lot 4 of said Section 4; thence N 89' 51"00" W aIoas said South. bouadaay for a distaa.ce of 61.35 feet; thence.J-vms said South boundll'Y S 00 36'13" W Cot. distance of93.71 feel; theace N 89' S J'OO" W fbr a distance of700.02 feet to a point on the Eat risbt-of-way liDe ofEasIe .R.oed; tbeDCe N DO" 36"13" E alcms IBid &It rigk.of.way JiBe 1br a diJtaDCe of 114.17 feet; thence N or 50';52" E c:oPtinlliQg along said right-of.way line for. diSWlCe of 1193 .33 teet to the POINT OF BEGJNNJNG; containi..g 22.85 acru of Jand, more or.lea Prepared by: Todd R. Waite P.L.S. c~ (22'79)\DDGIalmI1Iickdeso.... 2. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 Exhibit A.4 - Development Agreement Modifications+ Include a note in the Develonment Al!reement that if there are conflicts with agency comments. the most current comments/conditions will annlv. Include a nrovision in the Develonment Agreement that the Annlicant shall submit a Certificate of Zoninp Comnliance for the internal traffic circulation and narkinp 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 excevt for the Kissler and KisslerlDealy properties. which shall obtain design review approval at staff level prior to or concurrent with the Certificate of Zoning Compliance application. prior to submitting for building permits for each building proposed on these properties." Section 5: (page 4) "Owners" have submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property' that require a conditional use permit: all future uses listed in UDC Table 11.28-2 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 fol/owinf! conditions pertain to annexation of the sub;ect lJYoperty (AZ-03-018) in 2003. Please see site specific conditions relatinf! to Gatewav Marketvlace for more current conditions of alJproval.) Section 6.A.3: (page 5) "Except for the properties located on the southeast comer of Eagle Road and Ustick Road. annexed as the Kissler and KisslerlDealy properties (aka Gateway Marketplace). which shall comply with the Findings of Fact and Conclusions of Law and Decision and Order for PP.06.002 and V AR-06-002 (see attached staff report for all required conditions of approval and Findinlls of Facts and Conclusions of Law and Decision and Order), lit shall be required that all future uses within the boundaries oftms 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 of Idaho Transportation Department as follows: r see V AR-06-002 (Gateway Marketplace). and V AR-05-023 (Bienville Square)l" CITY OF MERlDIANPLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007 Section 6.E.1 (page 10) "All uses must be approved through the Conditional Use Permit process as shown on the Concept Plan, dated: DEC. 222003, NO. 1529, as presented at the February 24,2004 City Council meeting, and which Concept Plan is hereby approved and attached hereto as Exhibit "C", except. all future uses proposed on the Kissler and Kissler/Dealy annexation sites (aka Gateway Marketplace). located on the southeast comer of Eagle Road and Ustick Road. listed in UDC Table 11-28-2 for the C-G zone that are "conditional" uses shall obtain conditional use permit (CUP) approval prior to commencement of the 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 l.'l:Hless tho "City" and "Owners" have entered mte all addenoom agreement statillg Wflefl the improvements '."ill be completed in a ph.ased developed; asd ill an.-y e'/eRt, ll0 Certificates of OCe1:lpaHey shall be isslied iR any phase in which the improvemeflts ha'{e oot beeR iRstalled, cempletod, and aecepted by the ~. Where approved bv 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 irrigation 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 Occupancv shall be issued in any phase in which the improvements have not been installed. completed. and accepted by the "City". Exhibit B, Findings of Fact and Conclusions of Law/Conditions of Approval (page 24) Include the Findings of Fact and Conclusions of Law/Conditions of Approvalfor PP-06-002 and VAR- 06-002 in Exhibit B as follows: CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~~. ,'f' .. 't" d otG;;;;,,;~~ .,~ l;:l.\.j-ul " ,. " I' /'" ,.. .: l'~.~ .~ .,,~ "';'~'!'~'1...'f "". ., y..;"'''' In tbe 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 of July 18, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of Julyl8, 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 Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 6S, Title 67, Idaho Code (I.C. S67~6S03)- 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 S II-SA. 4. Due consideration has been given to the eomment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLL'SIONS m- LAW AND DECISION & OR.DER (;A~F. NO(~). PP.OI\.oo2- PAGE I of4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City hlll< granll:ll an unll:T ur appruval in aIXunlanct: with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served hy the Clerk upon the applicant, the Planning Department, tht: 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 I g, 2006 incorporated by reference. The conditions are concluded to bc 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 ~ II-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 shuwn in the attached Staff Report for the hearing date of July 18, 2006 incorporated by reference; and, 3. Allvs Wav shaD serve as (ronta!!!e road. with aoolicant oarticioatio!!! in the construction costs IU required bv ACHD. 4. Access to Ea21e Road shaD be as aoproved bv V AR.06-002. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void ifthe applicant tails to record a final plat within two (2) years urthe approval ofthe 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 confunlls substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may bc considered for final approval without resubmission for preliminllI)' plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with ll-6B- 7.A, the Director may authorize a single extcnsion of time to record the final plat not to exceed eighteen (18) months. Additional time extensions np to eighteen (18) months as CITY Of MERIDIAN FtNDINCS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ('A SF NO(S) 1'1'.Oti.OO2.I'AGI" of4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 detennined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and 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 propeny shall be required to go through the platting procedure again. E. Notice ofFinal 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 pcrlllit eutitles the OWlier to request a regulatory taking analysis. Such request must be in writing, and must he 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 toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affect.;u person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the condirionaluse 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 forthe hearing date ofJuly 18, 2006 CITY OF MERlDlAN FlNDlNGS OF FACT. COJ>.:CLUSIONS Of LAW AND DECISION & ORDER CASE NO(S). PP.06.002-l'AGE 3 of4 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 </A'1 .2006. COUNCIL MEMBER SHAUN WARDLE 18~__daYOf VOTED__~ COUNCIL MEMBER JOE BORTON VOTED ~~ - COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED ffk- MA YOR TAMMY de WEERD (TIE BREAKER) VOTED ~ ---- /..... --~- - .r~~ Attorney. By:Jillt\. ~ h Q Q 1 : City Clerk Dated; .-20-0L" CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), PP-06-002- PAGE 4 of 4 CITY OF MERIDJANPLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAft' KhPORT t'OK lH"- H"-AKINlj UII-I"- of "'I~IZOO~ TO: FROM: Hearing Date: AIlFiII g, ZgOe Revised forJulv 18. 2006 hearing Meridian Cily Coum;il Planning Commission Staff: Joe Guenther, Associate City Planner Anna Canning. Director Meridian Planning Department 208-884-5533 i'i~ ,,' .. ""-~ /,"", " .~;ry ".-. '-/YltJridlCfn "I STAFF REPORT 1!).\tiC' " v I' j?' / .,.J'f' ..-?~'!'i,,~,.... r... .~.>" -"",.> ,,,., 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 Pial for 18 commercial lots to construct up to 250,000 square feet of retail and restaurant uses on apploximately 22.85 acres within the Gateway Marketplace development at the Southeast comer of U stick Road and Eagle Road/SH~55 with a Variance to Chapter 3 Article Il ofUDC for acccss to Eaglc Ruad. Thi" 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 site was approved for annexation with a Developmcnt Agreement (DA) in April 2004 under the name Kissler Annexation (see File No. AZ-03-018). The DA (Instrument No. 104107406) require" thaI any fulure use be consistent with the approved plans for the annexation. ^ COncepT plan for the overall site was submitted with the preliminary plat application showing building layouts, public access. croSs access and drive aisles. 2. SUMMARY RECOMMENDATION History: The Planning Commission heard the item for the fmt tirm: UII Februllry 16,2006. 011 Febluary 16,2006 the Planning Commission detailed their concerns on landscaping, interconnectivity, huilding layout and parking lot configuration. The main point of discussion was on the potential future public road which would provide connection from the site to the cast and connect with Allys WlIY and the access points to Eagle Road. The commission made a recommendation to see a redesign citing staffs CODcerns and included a public Toad connection to Eagle Road at the southern property bOWldary" The commissiun made a second molion to direct staff to work with lTD and ACHD and forward to the City Council a recommendation to bave a sigIllllized intersection with a puhlic street connection at the 'l:l mile point south of the EaglelUstick intCl1Section 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 n:quest 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 lID access executive committee met on March 22, 2006. At the meeting TIn determined that the applicant shall comply with rhe cnnsiderations outlined in the letter dated March 24,2006. The Development Agreement for the 22.85 acres does require a frontage type of road. Stafffeels that the future collector road east of the site sufficiently addresses the interconnectivity of the site and may be substituted as a frontage road in cooperation with The adjoining propenies (Una Mas and ACHD alUlexations). The design will provide a public street access to Ustick Road with the three points of cross llCCess to the east, and potential future public street south of the site to access the future Allys Way. Gateway Markerplace Subdivision PP-06-00Z page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN rl../l.NNINQ DnAIHMENl' STAff KEPORT fOR THE Ht/l.KINli llAn: UI' 'liai2I1U~ On April S, 2006 Meridian Cily 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 consider a public road connection to Yo mile east of Eaglt: Road at the south property line. If the City Council denies [he approaches, Staff feels the design of the plat would adequately provide interconnectivity by allowing two points of connection to Ust,ck 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. Staff is recommending approval of the subject application (PP-06-002) with the conditions contained in Exhibt C of this report. Staff is also recommending denial of the access variance (V AR-06-002) as outlined in the Variance staff report also to be heard on April 18, 2006. Thc MeridiBIl PIBIlning and Zoning Commission heard thc item on March 16, 2006. At the March l6, 2006 public hearing they moved to recommend approval. a. Summary of Public Hearin2: i. In favor: Tamara ThompSOll (applicant's representative) ii. In opposition: None. iii. COllunenliul;I: NOlle:. iv. Staff presenting application: Joe Guenlhe:r v. Other staff commenting on application: None. b. Key Issues of DiscussioD by Commission: i. Constructing sidewalk along McMillan Road and Meridian Road with the tirst phase of the developmellt. c. Key Commission Changes to Staff Recommendatlon: i. Including a full access to Eagle Road at Yo mile south of Us tick Road. ii. Supporting a public road connection at \4 mile south of Us lick Road. d. Outstanding Issue(s) for City Council: i. I!agl!l Pea'" ~A....ee88B P8"8 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number PP-06. 002 as presented in tbe staff report for the hearing date of April} g, 2006, and the preliminary plat labeled PP-l, stamped REVISED March 10.2006 with the following modificatiom to the conditions of approval: (add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to de:ny Fill;< 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 reaSOllS for demal of the annexation or plat and you must State: specific reason(s) for denial ofthe conditional use permit.) Continuanee After considering all staff, applicant and public testimony, I move to continue File Number PP- 06-002 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS 3. Site Address/Locatillll: SE comer of Ustick Road and Eagle RoadlSH55 Township 3N, Range Il::, Section 4 Gateway Marketplace Subdivision PP.06-002 p.gel CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY or MERIDIAN PLANNING DEPARTMENT STAff REPORT POR THE HEARING DATE or 7,lfl12U06 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. Prescnt Zoning: General Retail and Commercial (C-G) (AZ-03-0 18) f. Present Comprehcnsive Plan Designation: Mixed Use-Regional - 2002 Comprehensivc Future Land Usc Map g. Description of Applicant's Request: I. See Exhibit A (prepared by Landmark Development Group LLC) for a copy of the detailed site plan which depicts the lot layout, building, parking and access locations. ExhibiI B shows the proposed landscape plan. h. Applicant's Statement/Justification: The application notes that the mixed use regional designation provides for the overall site to be developed with a mixture of Retail/Restaurant !Drive thru and other Commercial and office uses oriented around automobile traffic. The applicant notes that the site is an ideal location for a retail complex and will provide the additional landscaping along drive aisles, the design review for structures along the gateway corridor. 5. PROCESS FACTS a. The subject applications will ill fact constitute preliminary plats as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title J I Chapter 6, a public hearing is required before the City Council on this matter. b. Newspaper notifications for initial hearinl'( published on; Council- March 27 and April 10,2006 c. Radius notices for initial hearimr mailed to propenies within 300 feet on: Council- March 24, 2006 d. Applicant posted notice on site for initial hearinl! by: April 7, 2006, ~ Citv Councilc.onducted the initial hearin.ll.fqrJhis item on Anri118. 2006 and approved the proiect. Before the findinll:s were adOPted, the aoplicant reouesteu reconsider"tion. The reconsideration hearin2 was initiallv scheduled for June 6. 2006 and continued to June 27. 2006. Thc oroject was aRain continued to Julv 18. 2006 in onkrlo incorooral"'-' ACI-ID conditions of approval (see Exhibit B for ACHD's conditions). r. NewSDaDer notifications for Council reconsideration hearinll Dublished on: MID' 15. 2006 and Mav 29. 2006, l!. Radius notices for Council reconsideration hellnmz mailed to propenies within 300 feet on; Mav 11. 2006 h. Applicant posted notice on site for Council reconsideration hearinl! bv: Mav 27. 2006. Gat~w.y Marketplace Subdivision PP-06-002 page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPOKI ~OR TilE HEARING DATE Of ./il 8 '2 () II 6 6. LAND USE a. Existing Land Use(s): Bare land, single family residence b. Description of Character of Surrounding Arca: Large lot residential, highway-orient",d services, rapidly urbanizing. c. Adjacent Land Use and Zoning 1. North: Future pad sites within Selunitchgcr Subdivision, Lowe's site z.oned CoG. 2. West Sadie Creek Promenade Subdivision, Bienville Subdivision proposals. zoned C.G, RI, and RUT 3_ South: undeveloped parcels zoned C-G with Redfeather Atulexation. 4. East: Una Mas conceptual project and ACHD future right of way. zoned RUT- proposed zone C.O d. History of Previous Actions: In April 2004, the owners and City entered into a Ol::vdopmcnt Agreement for various High Density Commercial, Multi-family Residential, transitional. and office uses Wlder l'i1e AZ-03-018. Some property was annexc:d and zoned to General Retail and Commercial (C-G) with a Development Agreement while other portions of the property (on Ihe west side of Eagle Road) were not included in the annexatiollleaving out parcels which were addressed with the original conceptual plan. e. Existing Constraints aud Opportunities 1. Public Works Location of sewer: Extension of mains in Ustiek Road Location of water: Extension of mains in Ustick Road Issues or concerns: Water main coooection in Eagle Road is required. 2. Vegetation: Agricultural/Irrigated 3. Flood plaiD: NfA 4. l'llIlals/Ditches 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 tbet of Relail, Commercial. arlU Restaurant uses and associated parking and landscape improvements. f. Subdivision Plat Information- The submitted plat contains 18 lots in a CoG proposed zone with commercial uses. Commercial uses are shown to be " mix of restaurant/retail spaces with si" ,.pproximate 30,000 square foot buildings and g approximate 3,000 to 6,000 square foot buildulgs 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 Ustick Road and Eagle Road are designated as "Emryway Corridors" As such, the UDC (Table 11-2B-3) requires a 35-foot wide street buffer acljacenl to both roadways. The landscape plan (Sheet 11.1) proposes a 35-foot wide buffer along both Ustick and Eagle Roads. lfthe Gateway Marketplace Subdivision PP-06-002 page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF illLY 3, 2007 CITV OF MERIDIAN PLANNING DePARTMENT :STAff RI':PORT FOR TIlE H~AIUN(j DATE OF 7!18/2lJ06 applicant proposes to construe! the "Entryway ColTidor" buffers in easements they must meet the landscaping standards required in the UDe. 2. Percentage of site as open space: The UDC does not require open space Or site amenities for commercial uses. 4. Other landscaping standards: The landscape buffer alqng Ustick Road should be constructed in accordance with UDe Chapter 3, Article B. h. Planned Development Characteristics -- N/ A i. Conditional Use Information: I. Non-residential square footage: 250,000 2. Proposed building height; 65 teet 3. Percentage or site devoted to building coverage: 25% 4. Percentage ofsite devoted to landscaping: Not defined 5 _ Percentage of site devoted to paving; Not defmed 6. Percentage of site devoted to other uses: N/A 7. Number of Residential units: N/A j. Amenities - The applicant is not required to provide an amenity k. Off-Street Parking (residential uses) - N/ A 1. Proposed and Required Residential Standards - N/A m. Proposed and Required Non-Residential Parking - One off-street parking space required for every 500 ~quare feet of gross tloor area. This may be addressed during detailed CUP revicw, CZC review, and/or building design review but the design appears to meet the minimum standards of the UDC parking requirements_ n. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing two new .....ess points to Eagle Road/SH55 to servc the Gateway Marketplace proj eet at approximately 700 feet and 1200 feet soulh ortbe UsticklEagle Intersection. As noted above, lTD mu:st issue a right~inlright-out permit and a full access permit for this site, and the aCCe$s is further contingcnt on the Meridian City Council granting a variance to UDC 11-3H. At this time tbe policy in place would be for frontage roads to scrve this site and provide connection to the 'h mile and the collector wad systems. rrv has submitted a letter indicating that they will not make a decision on approving aCcess to Eagle Road Wltil 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. In addition, the applicant is proposing two new access points to Ustick Road at the following locations: Driveway #1 ~ 350 feet east of Eagle (right-in/right-out with center median) Driveway #2 - 700 feet cast ofEaglc (full access) Ustick Road, from Leslie Drive to Ally Street (on the east side of Eagle Road), including the Eagle Road intcrscctioll, has just been widened and improved to l.i VI;; lanes _ The intersection was widened to include dual left turn lanes. Gateway Marketplace Subdivision PP-0Ii-002 pag" 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY Of MERIDIAN PLANNINO DJ.WARTMI>NT STAff RErORT fOR nlE HEAKIN(j UATJ: v~. 7'Hi2006 In addition, the recorded DA betwccn the applicant and the City requires either a public or private street be constructed parallel to Eagle RoadlSH55 that may connect to the north boundary and may also connect to Eagle Road, if allowed by n D at a point to be determined by ACHD. ACHD has stated that the applicant shall provide cross access smith and east to connect to the future collector roadway east of the site and the connection to the signalized access proposed south of the site at River Valley Drive. Tbis 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 thc future public street; such driveways run mostly east/west connecting the Kissler site to Ally Street and ultimately Ustick Road. For a detailed report on both lID's and ACHD's actions and comments, please see the letters/reports submitted with the application. 7. AGENCY COMMENTS MEETING On December 28th 2005, statIheld an ag~ncy comments meeting. The agencies and departments prcsent included: Meridian Fire Depanment, Meridian Meridian Public Works Depanment, and the Sanitary Services Company. Statfwill included all commcnts and recolluncnded actions as Condiriolls of Approval if the Meridian Plalming Commission requests approval of the design as presented. If the Meridian Planning Commission agrees with the staff analysis that a redraw of the plat will be required of the site then staffwiU 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 dermed 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 tv this property and apply to the proposl;:d development (staff analysis in italic.! below policy): . Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City establi,!hed ils Area of City Impacl, il planned to prrwide City services 10 Ihe subjecl property. The City 0/ Meridian plans 10 provide municipal services 10 the lands proposed 10 be annexed in the/ollowing manner: . The subject lands currently Ii", within Ih", jurisdiction oj the Mel"idiall Ruml Fi,'" District. Once annexed the lands will be under the jurisdiction of tlu. Meridian City Fire Department, who currently shares resource and pasolllrel with the Meridian Rural Fire Department. . The subject lands currently lie wirhin Ihejllrisdicrion ofrhe Ada County Sheriff's Office. On,.e anne.red rhe lands will be serviced by rhe Meridian Police Departmenr (MPD). . The roadway.< adjacent tn the suhject land,< are currently owned and mni"tninlYl by rhe Ada County Highway District (ACHD). This se",ice will not change. . The subject lands are currently serviced by the Meridian School District 1t2. This service will nul change. Gateway Marketplace Subdivision PP-06~002 page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY Of Mf.Il.IDIAN PLANNING DEPARTMENT HAH RIiPURT fOR THE HEARING DATE OF 711KJ?OO(, · The subject lands are currently serviced by tile Meridian Library District. This service will not change and the Meridian Librmy District should suffer no revenue lo.~.~ a.~ a resulr a/tile subjecr annexarion. Municipal, fee-supported, services will be provided by th" M"ridi(//J BLlildi/J15 D~parrmem, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Depanment, the Meridian Planning Department. Meridian Utility Billing Services, and Sanitary Services Company, · Chapter vn, Goal I, O~jectivc: B: Plan for a variety of commercial and retail opportunities within the Impact Area. Stafffinds that the site is designatedfor MU-R On rhe Comprehensive Plrm Fulure Land US(! Map. Although strictly commercial uses have not been ~pecifically plannedfor thi.l'pr"pert)' on the Comprehensive Plan Future Land Use Map the Development Agreemenrfi'om the . /J,mexali,m shows c/lis portion as commercial and conSIStent with the overall site plan when combined with the proposed Bienville Subdivision, and Sadie Creek Promenade Subdivision which are all bound by the same development agreeme", Tlu' bulk proposal of IISeS wo!/ld also meet the general classifications for mixed u.I'e regional. · Chapter VII, Goal I, Objective D, Action 5: Locate new cOlluuunily commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. Ustick Road is classified a.l' an arterial roadway- The applicant is not proposing access from the adjoining commercial areas ~y way of eross access. sidewalks or shared .I'creets \l'hieh will provide future connection to residential areas east ofrhe sile along Ustick Road. Staff believes that the commercial areas proposed compliment the existing and planned re~'idential areas in the vi"inUy- · Chapter VII, Goal N, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed land uses are appropriate along the adjoinin,r!, tran.\portation corridors (Ustick Road and Eagle Rood). Stoff supports rhe propwed uses at. this site as they are consistent with the Mixed use regiOnal district and the approved development agreement · Chapter VII, Goal N, Objective D, Action 2: Restrict curb cuts and access points On collectors and arterial streets. TI,e ACHD evaluates access points in their analysis; no direcc lor ace"ss is allowed tu tiny uf the arterialleol/eetor roadways. The proposed access points to the arterial streets general(v comply with ACHD 's standards as detailed in the staff report. Please see the ACHD st({O' report contained in the file. ITD has indicated that they will not act on the proposed access points to Eagle Road ulltil such a time as the Meridian City COIlIlcil acts On the variance requests. The Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal Arterial will be at intersections on(}I, and $paced at one-ha/fmile intervals in urban areas. ITD allows appruaches (other than intersections) in special caSeS and on a temporary basis. The Eagle Road access shall be eliminatedfrom this project. . Chapter VII, Goal IV, Objective D, Action 5: ReqUire appropriate landscape and buflers along transportation corridor (setback, vegetation, Jow walls, berms, etc.). Gateway Marketplace Subdivision PP-06-002 page 7 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DAT~ 01' hlMllUU6 The applicant is proposing to mrlstruct appropriate buffers along all of the adjacent arterial streets. By Ordinance, a minimum 35~foot wide landscape b.ifJey /0 Ga/eway Corridors. The landscape plan shows the appropriate landscape buffers. St~ff ~Iso finds the following 2002 Comprehensive Plan text policies to be applicable to this application: "Require all new parking lots to provide landscaping in internal islands." (Chapter v, Goal Ul, Obj. D, #3, page 43) "Eagle Road is the major north-south arterial in ^da County. The capueity of this artcrial should be protected by minimi2ing the number and location of private driveway aeeess connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." (Chapt~rVr. page 71) "The capacity of arterial. . .roadways can be greatly diminished by excessive driveway conm;~tions to the l'Oadway~. The City should cooperate with ACHD to minimize acces~ points on arterial. . .roadways as development applications are reviewed." (Chapter VI, page 72) "Develop methods, such as cross.access agreements, frontage roads, to reduce thc number of ellisting acce:ss points on to arterial streets" (Chapter VI. Goal II, Obj. A, #12, page 79). "Identify (ran.itium.l "un'" (0 bu[fa cOIllDl"rcial and residential uses, to allow uses such as otIkes and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102) "Restrict curb cuts and access points on. . . arterial streets." (Chapter VIl, Goal IV, Obj. D. #5, page 107) 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in tbe: Cummercial Districts: UDC Table 11-2B-2Iists retail store/restaurant/drive thruJ office! financial institute uses as permitted uses in the C-G zOIliIlg district. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the re:tail and serviee needs of the community in accord with the Meridian Comprehensive Piau. Four Districts are designated which differ in the size: and scale of comme:rcial structures acconunodated 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 Anti Service Commercial District: The purpose of the C-G district is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses wbi<:h are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and pennanenl motoring publi<:. Alt such districts shall be connected to the municipal water and sewer systems of the city, and shall not constitute strip commercial development and encourage clustering of comlller~ial development. c. General Off.Street Parking Standards (from UDC 11-3C.5): The following standards shall apply for off-street vehicle parking for nlmresidential uses: In all Commercial Districts the requirement shall be one (n soace for every five hundred (500) Slluare feet of e:ross Ooor area. d. Structures Subject to Design Stmldards (l1-3A-19BS): All structures on property adjacent to an entryway corridor (UsticklEagle Roads) are subject to the design standards listed in this section. Gateway Markelpla~e Subdivision PP-U6-002 page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY or MEIUDI"'N Pl."'NNING DEPARTMeNT STAFF REPORT fOR TI1~ IUiARIN() O"'TE OF 7il8l2006 e. Outdoor storage/refuse areas (11-3A-12): Outdoor utility meters, HV AC equipment, trash dumpsters, trash compaction and other service functions shall be incmpnratcd into the overall design of buildings and landscaping so tbat the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. f. Development along State and Federal Highways (11-3H-4B2): If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise acquir" access to a street 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 cOlU'lcctions 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 cOlU'lccting streets shall be collector roads. Section 11-3H-3: The applicant shall construct a street, generally paralleling the state highway, be designed tn accommodate funlre connectivity and 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 jor future connectivity and 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 street shall he designed to collect and distl'ibute trallie (emphasis added). 10. ANALYSIS lOa. Analysis ofFaets Leading to Staff Reeommendation The revised PP application substantially complies with the Unified Development Code. Below are several special considerations for the P&Z Commission to review at the puhlic hearing: Analysis of Facts Leading to StaffRccommendation pp Application (PP-Q6-Q02): Tho:: REVISl'D preliminary plat can be conditioned to comply with the Unified Development Code. Dascd on the policies and goals o.:OIlI.<<;""u in thl: Cumprehensive Plan and the general compliance of the proposed development with the Unified D,,"elopment 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 fmdings for a Zoning AmendrnenL Non-Residential BuildinlZs: The applicant has requested a maximum of 250.000 square feel 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 lucation for intense commercial uses designed in a clustered fashion. Drive Thru Sevaration: The applicant has requested several lots 10 be drive t1u:u 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 111ru uses with this Gateway Marketplace Subdivision PP"Il6-002 page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY 01' MERIDIAN PLANNING DF.PI\RTMENT STAFF REPORT FOR THE HEARING DATl or 7!IMiZ006 application. If a drive.thrn use is proposed within 300' of another drive thru then, a conditional use application must be approved. Access to SH 551 Eagle Road: The applicant has requested an access point to Eagle Road. According to ITD records, the applicant has submitted a request for access pennit but is not vested with an access point for this location as the changc in use is the deciding factor as 10 when an access point be granted. Currently the site has no access to Eagle Road and the use is agricultural/residential whe1"e the plat will change the use to commercial anti ;, .,nbjcct to the design requirements ofUDC 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 Officc/RctaillRestauranllDrive thru uses and General Commercial uses listed as permitted in UDC Table 11.2B.2. Any uses (!;:xcepting Drive tbm) not listed as pennitted shall be subject to conditional approval. Sidewalks: The applicant is proposing to construct internal sidewalks on the major tenant entryWays of the intemal 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 pial is resubmitted as recommended, the applicant shall provide a consistent pedestrian access corridors as shown on the revised site plan dated March 10, 2006. Commercial Amcnities: _The applicant is showing additional landscaping/patio/seating outsid" 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 th..se features are included as amenities in the intersections of the gateway corridors. LandscaDe Street Buffers: Arterials: UDC ) 1-2B requir~ a 35-toot 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 slwuld be reqnired to depict the required slr!:el buffers un tb" far.:t> uf the fiual plat in an caselnc"t or place the reqnir"d buffcrs in common lots as perUDC 11-3B. See Exhibit B below. Commercial SIr""ls; UDC 11-2B requu'es a IO-foot widc strcet buffer along commercial roadways. The submitted plat does not include conunercial cross access east and somh. Staff feels that a designed commercial cross access street shall be provid"d and subj eel to the landscape standards for comrne1"cial street buffers. Within the 10-foot street buffer. a detached sidewalk shall be provided. Ditches. Laterals. and Canals: There are several irrigation laterals that bisect tllis parcel. Per UDC ll-3A-6, all irrigation ditches, laterals or canals, exelusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area b!:ing s\lbdivid<:<J shall bl;: lihl. nlc applicant is proposing to tile all of the irrigation facilities located on site. See Exhibit B below. Pressure Irrigation: The City of Meridian requires that pressurized irrigatiun sysLems be s\lpplied by a year-round source of water (UDC 11-3A-15). The applicant should be required to utilize 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 a single-point connection is used, the developer will be responsible for the payment of assessments for the 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 specifications and in accordance with City Code. S..... ~ite Exhibit R "elow. Gat<way Marketplace Subdivision PP-06-002 page I U CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING Dl:rARTMENT STAFF REPORT FOR HIE HEARING DATE u> 7rlM/2(1(16 ~ The applicant is not showing any fencing on any of the submitted plans. A detailed fencing plan should be submitted upon application of the fmal plat (UDC 11-3A-7). If peOllanent fencing is 1101 provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building pennil. All fencing should be installed ill accordance with City Code. See Exhibit B helow. Cross-access Internal: There are some commercial lots that do not have fi'ontage Oil a public street. Instead the aJ'lJ'llicant is proposing to provide cross-access easements to the lots thaI do not have public street frontage. Because several of the proposed lots do not have frontage on a public street, the applicant should provide a cross parking/cross access agreement for all of the lot$ within the retail and other commercial portions of the subdivision to use the driveways and parking aisles. Access to Eagle road shall be detennined by the Meridian City Council and at least the non-signalized a<:<:ess point to Ustick Road shall be designed to serve as a commercial 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 as CCRs. See Exhibit B below. Cross-access South: The applicant shall be required to provide croS$ acccss to th", parcels south of the site. The proj eet is a portion of a larger site project (Kissler Annexation) and the sites shall maintain consistent traffie flow tor the entire .ite. EalZle Road Access: The Idaho Transportation Department (ITD) has a policy for access to a Type IV Principal Artcrial will be at intersections only, and spaced at olle-half mi'" intervals in urban areas. lID allows approaches (other than intersections) in special cases and on a tcmporary basis. The access points shown at approximately 850 feet south and 1350 feet south of the Ustick Eagle Road intersection shall be eliminated as it does not meet criteria of either lTD or thc Meridian Comprehensive Plan. Loadinl! Soace Parking: UDC II.3C-8 requires off-strcctloading spaces for cOllmlercial uses. The Certificate of Zoning Compliance (CZC) application shall clearly demonstrate that both a Type A and Type B space are available on site, located near the refuse/servicc arca bdund the building. Elevations: The applicant has not submitted building elevations of the proposcd structures. The application lists the proposed building materials. including Rtone, brick, S111CCO llnd timber to be accented with chrome, aluminum and gloss painted trims. UDC 11-3A-19 requires all structun:$ on property adjacent to an entryway comdor to comply with the design standards listed in this section. Staffs interpretation of the UDC is that the applicant may choose to place the "primary entrance" on an elevation other than the public street side. However, the public street elevations (Ustick Road anel Ragle Road) mllst still meet the other standardR 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 $trecl shall incorporate modulations in the fac;ade, roof line recesses, and projections along a minimum of twenty percent (20%) of the length of the facade. b) Roof lines: Roof design shnll demonstrate two Or more of the following: a) overhanging eaves, b) sloped roofs: c) two (2) or more roof planes: d) varying parapet heights; and c) Gateway MlU"k"'l'lace Subdivision PP-0II-002 page II CITY OF MERIDIAN PLANNiNG DEPARTMENT 8T AFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT fOR THE HEAIUNU IJArJ" Ur 7,]~12006 cornices. c) Mecbanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. d) Color 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 elearly demonstrate how this st..ndard is luet. 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 immediate vicinity. These points of access are paramount on the success of the general area and staff feels a minimum of three points of cross access shall be provided to the east and one point of access to the south, which .hall all h" designed to private street standard. for pedestrian and vehicular traffic circulation. Strip DevelODment: The plU"pose statement of the General Commercial District specitlcally reads, "shall not constitute strip commercial development and encourage clustering of commercial dcvelopmcnt." The comprehensive plan policies further reads, "Usc the comprehensive plan, subdivision regulations, and zoning to discourage strip developmem, and encourage clustered, landscaped business or residential development on entryway corridors."' The applicant has revised the pllms to address this concern. Changes to the original design inelude: moving access points away from Ustick wallow fo1' betler stacking, this "Iso "liminal<:tl the small lots along the ustick frontage and replaced them with more retail/restaurant uses on larger pad style uses. These pad uses also incorporated additionallandscapeinl( screenin~ and redirection oftrafficlpedeslrian movement along Ustick. The applicant also removed one large box user pad and movcd it to a pad in a central location, shown on the redesign as lot II. The applicant has revised the landscape plan and has included six landscape strips with internal sidewalks to bn:ak the parking lot into smaller seclions. Staff would find that thc redesign of the project would not constitute strip development as shown on the design revised March 10. 2006. 9b. Staff Recommendation: Based on the above analysis, staff finds the revised Preliminary Plat applications conforms to the adopted DA, Comprehensive Plan policies and UDC standards. & noted under staff analysis we recommend the building elevations be submitted in compliance with the entryway corridor standards, the II.''''''.' point to Eagle Road 11" eliminalcd 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, Revisl."d March 10, 2006) Gateway Marketplace Subdivision pp-06-002 page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 UTY O~. Mt;1l1LlIAN Pl.ANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7.'18/2006 2. Landscape Plan (by The Land Group, dated March 7, 2006) B. Legal Description C. Conditions of Approval I. Planning Department 2. Public Works 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. ACHD CUodated) D. Required Findings from UDC 1. Preliminary PIllt GalCW.y Mllrkclpl.ce Subdivision PP-06-002 rage 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY Of MER.IDIAN PLANNINO DEPAIl.TMENT STAff REPORT fOil. THl filARINO DATE Of 7(1812006 Exhibit AI: Preliminary Plat PP-1(The Land Group) Revised March 10,2006 11'11 "I ,"ii!' 111111 If! e i . 1:'Jlllilll~ ..... .._.'~ :. ~ :I ;I" il'1iI;: ~ a . ~, I~ ! .If ~ ~.. ~ ~ ~Ir ~ .. "~j~' ~ ~ n', j ~ S !!~j ; l'll~ Q .... I j !!Pllt',HjF 1=6rl.'j! 'Iell~ ,I \ ! I! · I! ... ~ ~(\.. I' P. fill' ~~t",\i""\ t" ' I II ,. ! iii ~ ~\\\\1" I:) i I, G a !I; .;\l'\" I "C c :II ~,~ !~ ~ f H' i I' II ~ i :: .... I .....4f I IIIUlII i 11,111"1 II' III GATeWAY MARKETPlAce SUBDIVISION Prelim;"",,>, PIoI -.- Galeway Markelplace Subdivision E.hibi, A PaS< I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAH REPORT ~UK rll~ H~ARING DATE OF 7;\112006 Exhibit A2: Landscape Plan Ll.l(Tbe Land Group) Dated March 7, 2006 PREUMI~~PlAN MEfllDWI. It>>oHO O.t~way Marketpla.<:e Subdivision E.hibi, A Page 2 li91 CITY OF MERIDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN FLANNINO DEFARTMENT STAff REPORT FOR THE HEARING DATE Of 7iUi2006 Exhibit B: Legal Description claiborn 6. waite consultiIl9,...lI( engineers 8; sUfVBVDr~ 120 N. c...tis Rd: Boi.., Idaho 83706 (208, 376-SS5S FIIX (201:) 429.9862 P.N.2279 October 20, 2005 PARCEL "A" USTICK PROPERTY REMAINDER PARCEL DESCRIPTION A pUl:el of lllIId lyillll in the Norl"-t 114 of Sectign 4, T.lN., R.11i., a.M., Ado CoonEy, ldaho, and being mo~ plllicularly dncriblld lIB follow", COIIIIltellCiq t11lle Northwest comer of Slid Section 4. th_ l> 89 40'08" " oIoAg t.... North bouaduy of Blid 5=ion 4 md !he _crline of Ustick Road for 8 dlltUq of 97.62' t=: thence 1111""8 said NunIl bouIlduy and eeaterline SOl' 50'52" W fur I dlalllDcuf77.96 feet to . poim on the SoIIIh fiehI-of-way line ofU.ucli: Road, boins the a&\L POINT or BEGINNING; lhence alOIlS Blid South ri,ghl...f-Wll)' line lbt ilia followiDll 13 courses: N 44" 02'14" B for 8 di5l1llCe of47.06 feet; lhence S 89' 49'08" E foradi_ot262.81 feet; lhllllCll S 47 51'21" E for I dillll/lCll of 41.18 feet; t'-N 87' 17'10. Ii furodl_ot29,03li::1ll; thence N 47 43'35" E fur a di_ of 40.57 feet; lhence N 89' 13']4" E for adi_ of 179.28 feet (fomarly dcsribed.. 179.20 fc:nt); ~k.k... : c:r ::~ - ;i[,n r: fv~ .. ,;.:.:.\6,1........ >JI I ~'.";.J J~i. lha1ce S 8g 49'08" E for s diHlllce of 1000 f'eet: ,I I..'): (' I.- I....~,:nl . ..:- t'.h~ ,;l~IS.;;..\:~'I..III.~~i leel. C:\ProjeClSlU"i<*LI.A (2l79)1Duou_ A__ I . Gateway Marketplace Subdivision Exhibit II Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DJ:PARTMENT STAFF REPORT FOR THE HEAKINlJ VATE OF 7118/2006 claiborn .... waite consulting~ engineers & surveyors 120 N. Curti~ Rd Boise, Idaho 83706 (201) 316.8555 Fax (208) 429-9$62 P.R 2279 October 20, 200S PARCEL "8" VSTICK PROPERTY Ml ACRE SPLIT A parcel of Iaad lyina in the Nonhwelll 114 of Section 4, T.3N., R. IE., 8.M., Ada COIInty, Idaho, U1d being mote panicutarly described as Ibllows: Conullenclll8 lit tbe Nortbwest cmner of said Section 4, lhence S 89' 49'08" E lIloog the North boulIdasy of laid Section 4 and the cemllrllDe ofUsUcl( Road for II dilltllllCe of 97.62' feet; thenueleaving Nld Norrll boundeJy IIDd centerline S 01' 50'52" W fOf II diatuce 0f?7.96 feet to II point on the But rigbI-o(.WIIY line ofEllsle IloIIdI thence IIlons said ElK riJbt-of-WIIy liDe S 01' 50'52" W for II di5tancoof 1038.43 feet to the REAL POINT 01 BEGINNING; thence continuing alons Mid Eat riptoOf.way line S or 50'52" W for II diltlllee of 154.90 feet; thence S OCT 36' 13" WalOII8 said Eat rigbt..of.way line for a dillUllle of 114.17 foea; thence I-vilIS said Easl ris/lt-of.way line S 89' S 1'00" E for a diatlUl(lll of 700.02 feet; thaIce N 00' 36'13" E for I diltallCo of93.77 feet to the South boundary ofGovenuncnt Lot 4 of IIlIid Sectioa 4; thence S 89' S I '00" E along said South boundary for a distance of 6) 3S feet; th"''''I''':'' '~!""."!!f' r~~~ ~'''l~t!~ ~:,..-r;:~:~r:. ~I nI'T ., ".f"1off" r f.". (: ,.t ;i.4.:..11. _ ~.~- ~:'.' i. .~ f"C:..;;t, thence '" 89' S 1'00" W for a distance of 363.00 feet; !! ;'r\:~: ' !,ft \ rlU ,\' ;~,:".. Jbl..~... l \,! t"-. ({J kt~] C\ProjeclSlUSllc:kLLA (2279)\Do<;,lmenlslPaIceI B.doc- I - Gateway Morktlplatc Subdivlsi"" Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNINQ D"rAll.TM"NT STAff Il.EYOKT l'OK THE HEARING DATE OF 7!1~!2006 thence N 89' 51 '00" W for II distance of J 7'/.00 feel; thence S ocr 09'00" W for II distance of34.50 feet; thence N 8g 51 '00" W for a distance of 2) 8.67 feel to the REAl POINT OF BEGlNNING; containini 5.51 acres of land, more or less. Prepared by; Todd R. Waite P.L.S. C\Projects\UstickLLA (2279)\DllI.1lRleRls\P'alt:eIA,doc- 2 . CITY OF MERIDIAN PLANNING DEPARTMENT 8T AFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAH llHORT FOR TilE HI;ARINO DATE OF 7/1 ~/2006 C. Conditions of Approval 1. Planning Department SITE SPECIFIC REQUIREMENTS- (Gateway Marketplace:) 1.1.1 The preliminary plat labl:led as PP-I prepared by The LlInd Group, Revised March 10, 2006, shall is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ-03.018) Development Agreement shall also be con~idered conditions of the Preliminary Plat. 1.1.2 UDC 11- 3C-8 requires otI-street loading spaces for commercial uses. The Ce;:rtificatc of Zoning Compliance (CZC) application for this project shall clearly demonstrate that adequate parking is aVilililblc on sile, lucaled near the ret\iselservice area designed at the building. 1.1.3 Graphically depict on the face of the plat, the required 35-foot wide landscape buffer along Ustick Road and Ellgle:: Road. 1.1.4 The applicant shall consider the landscape plan approve;:d as submitted with the;: following Individual lot landscaping considerations, the fmal plans shall Significantly confonn to lhe submitted plan which shows: · Pad spaces with landscaping, patio, and coope:nttive outdoor user spacc. Lots 1, 3, 4, 5, 17, and 18 · P/!rimeter land9/!aping- 20' along the eastern perimeter · Roadway laDd~caping- 20' with an internal sidewalk along the southern perimeter and a minimum of 'Iz of a 42' road section. · Internal sidewalksllandscaping pl~ntr.:n- these plantm shall have a minimum of one tree per 35' and an 8' wide sidewalk. 1.1.5 No direct lot access to Ustick Road or Eagle Road will be allowed. The existing driveways to Eagle Road may be for construction purposes if approved by lTD. At such time. access to Eagle Road shall be prohibiled unless specifically granted through variance. 1.1.6 That prior to signature of the city engineer cross access to parcels east and south of the site be granted. 1.1.7 The applicant shall provide commercial cross access drives to the properties east of the site as showl) Oil tIle n:vised pians. These access roadways shall be designed according to private Stfeet standards as listed in UDC 11-3F, with a minimum of24' travel way, no parking or backing 011 to the service drive. a one side five foot detached sidewalk with a 5' landscape buffer. The commercial cross access drive is to provide connection from the future Public Roadway (Ally Street) east of the site, through the Una Mas Annexation site, and provide: the: most direct vehiCUlar traffic flow to a public road system. 1.1.8 The applicant shall work with ACHD to determine if a public frontage road shall be provided at 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 ACHD staff provides a written statement refusing the reserved area. 1.1.9 Maintenance of all common areas shall be the responsibility of the Gateway Marketplace Subdivision Business' Owners As90ciation(s) 1.1.10 The applicant shall submit from the County Surveyors Office the appropriate documentation showing that usage of Gateway Marketplace as an approved subdivision name. Gateway Marketplace Subdivision Exhibit C Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY Of MERIDIAN PLANNING DErARTMENl SIAn I<.lOPORT FOR THE HEARING DATE OF 7j[Sl2006 1.1.11 Any roof-mounted mechanical equipment will be screened from view from any public right-of. way. The applicant shaH submit drawings al 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 UDC 11-3A-1 J. 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. I .1.15 No irrigation pump station or facility is shown on the Site PllUl. 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 internal 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 document such as CCR's. 1.1.18 Other than tbe points of access approved by ACHD, direct lot access to Ustick Road and Eagle Road is prohibited. A note shall be placed on the frnal plat restricting access to Eagle Road and Ustick Road. 1.1.19 It shall be the responsibility of the applicant to ensure that all dcvdopment features comply with the Americans with Disabilities Act WId the Fair Housing Act. 1.1.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be; required by the Ellvirolulleutal Pl'OteclioIl Agency. 1.1.21 Compaction test results shall be submitted to tbe Meridian Building Dep311II1cIlI for all building pad. rc:cciving engiIle~ed backfill, when: fooling would sit atop fill material. 1.1.22 Allys Way shall serve as frontal!e road. with applicant committlnl! to pay one half of construction costs. GENERAL REQUIREMENTS-PRELIMINARY PLAT I. 1.1 Sidewalks shall be installed within the subdivision 1I11U on 1111: p<;rill1cler of Ih" subdivision pursuant to City Code. L 1.2 All areas approved as open space; shall be free of wet ponds llr olh<:r such IIuisances. All stormwater detention facilities incorporated into the approved open space are SUbjccI to lJDC 11- 3A.18 and shall be fully vegetated with grass and trees. Sand. gravel or other non-vegi;:tllled surface materials shall not be used in open space lots, except as pennitted under UDC 11-3A- 18_ Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plm, tbe lmdscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into thc approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall Telocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. Gateway Marketplace Subdivision Exhibit C P.~e 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CI1'V or MERIDIAN rLANNINQ DEf'AI'.TMENT STAfI' RErORT fOR THe HlARING DATE Of 7/18/2006 1.1.3 The applicant shall submit a detailed fencing plan with the fmal plat application tor the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a bUilding pemlit. All fencing should be installed in accordance with City Code. 1.1.4 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. I. I. 5 AU irrigation ditches, laterals or canals, exclusive of natural waterways. intersccting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC I 1.3A-6, unless otherwise approved by the Irrigation District(s). Plans will need to 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. If lateral users association approval Can not be obUlined, IIltematc plans will be reviewed and approved by the Cily Engineer prior to fmal plllt signature. 1.1.6 Staff's failure to cite specific ordinance provisions Or terms of the appl'Oved Pn,limil1<lry Pla[ does not relieve the applicant of responsibility for compliance. 1.1.7 Preliminary plat approval shall be subject to the expiratioll provisions ",t forth in UDC 11-6A. 2. Public Work!; DepartlQeDt 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Us[ick Road. The applicant shall install all mains necess8lY to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard fomts of casements 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 materials shall be used in confonuance of City of Meridian Public Works Departmcnts Standard Specificalions. 2.2 Water service to this site is being proposed via extension of mains in Us[ick Road. The applicant shall bl: rl:spunsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Due lu Ih.. cornmercilll uses on this project, a cOIUlcction to the water main in Eagle Road shall be required to guarantee adequate fire flow. Coordinate main size and routing with the Public Works Department. 2.4 The applicant shall provide a 20.foot easement for 1I1l public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x II" map with bearings and distances (marked F.XHlRIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to tbe plat referencing this document. 2.5 The applicant has indicated the pressure irrigation system in thi~ development is to be maintained as a private sYStem, therefore plans and specifications will be reviewed by the Public Works Oepartntent as part of the construction plan review. A "draft copy" of the operations and maintcnance manual will be required prior to plan approval with the "final draft" being required Gateway Marketplace Subdivision E<hibit C Page 3 CITY OF MERlDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007 CITV 01' MERIOl"N HANNING DEP"RTMENT STAff REPORT FOR THt HIOARING DATE OF 7'18/2006 prior to final plat signature on the last phase of this project. 2.6 The City of Meridian requires that pressurized irriglllion systems be supplied by a year-round source of water (UDC 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 shaH be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.11 Any existing domestic wells and/or septic systems within this project shall he 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, imersecting, crossing or lying adjacent and contiguous to the Well being subdivided shan be tiled per UDC 11-3A-G. Plans shall be approved by the appropriate irrigation/drainage district, or laleral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, ahemate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.10 A drainage plan designed by a State of Idaho licensed architect 01' engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas_ Stonn water treatment and disposal shall be desigued in ae<;:ordance W llh Dt:parllnt:nl of Environmental Quality 1997 publication Catalog of Storm Water Best Managc:rnent Practices for Idaho Cities and Countie~ and City of Meridian standlll'ds and policies. Off-site disposal into suTtace 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 neeessary applications will.lht: Idaho Department of Water Resourcl:s regarding Shallow Injection Wells. 2.11 Street signs are to be in plae!:, 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 applying for building permits_ 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, Wllt<,:r, etc.. prior to signature onlhe final plat. 2.13 All development improvements, including but not limited to sew..."., fencing. micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy_ 2.14 Applicanl 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 oftbe: 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 lIIay be required by !he Enviromnental Protection Agency. 2.17 Applicant shall be responsible for applicalion and compliance wi!h 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 Gal.way MarketplllCe Subdivision Exhibit C Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY Of MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOI< '1 H" II~ARING DATE OF 7ilij/2006 pads receiving engineered backfill, where footing would sit atop fill materiaL 2.19 The engineer shaH be required to certify that the streel centerline devations are set a minimum of 3-feet above the highest established peak groundwater elevation. 3. MeridillO f'ire Departmeot 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Departmenl and water quahty by the Meridian Water Depanment for baeteria testing. 3.2 Final Approval ofthl:: fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yo" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a slteet which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specificatioIl'i. d. Fire Hydrants shall be placed on comers when spa!;ing penmts. e. Fire hydrants shall not have any vertkal obstructions 10 outlets within 10'. e. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants sho.11 be provided to meet the requirements of the IFC Sr:<,;\iUll 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside radius. 3.4 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall he m"tk"d in accordance with Appendix D Section D I 03.6 Signs. 3.5 Operaliollal fin: hydrants, temporary or pennanCllt street signs and access roads with an all wt:ather surface are required before combustible construction is brought on site. 3.6 Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.7 The 23 offieelconunercial lots lot will have an unknown transient population and will have an unknown impllct nn Meridilln Fire Department call volumes. The Meridian Fire Deparlment has experienced 2612 responses in the year 2004. According to II 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 20lU. 3.8 Maintain a separation of 5' from the building to the dumpster enclosure. 3.9 Provide a Knox box entry system for the complex prior to occupancy. 3.10 The applicant shall work with Planning Department staff to provide an address identification plan and II sign which meets the requirements of the City of MeridiilD sign ordinance lit Lhe 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 conta!;! Vicki Heugly aL 898-5500 to address this concern prior to the public hearing. Galeway Mllrketplace Subdivision E.hibit C Pase 5 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MelUOIAN l'lANNINO DEPARTMENT STAFF REPORT FOR ltlb HI:ARING DATE OF 7118/2006 3.12 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.13 Provide exterior egress lighting as m:juired hy the International Building & fi.re Codes. 3.14 Where a portion of the facility or building hereafter constructed or llloved into or within the jurisdiction is more than 400 feel (122 m) from a hydrant on a fIre apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where m:juirtd by the code officia!. For buildings equipped throughout with an approved automatic Sprinkler system installed in accordance with Section 903 J.1.1 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 be 600 feet (183 m). Ii. For buildings equipped throughout with au appruv,"" automalic sprinkler systcm inslalled in accordance with Section 903.3.].1 or 903.3.1.2, 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 accordance 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 of more than 62,000 square feet (5760 m') shall be provided with two sepllrnte 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 fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 4_ Police Department 4.1 The police department suppol1S the requirement for a frontage road as lhe lengUl and bulk of the proposed buildings impedes serviceability to all sides of the project. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridiatl Landscape 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 ""e Grate and Tree Box standard: The proposed tree Sfllte shall be a 6 fnnt hy 6 fOOt. cast iron, French pattern tree grale. This grat", shall be placed in a 6 foot by 6 toot inside diameter tree box with a steel grate ff1lllle 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 Mar~etpl.ee Subdivision Exhibit C pase 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY Of MERIDl^" PL^NNINO D"fARTMENT STAff REPORT fOR nil, HEARINu UATE OF 7;]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 zoning compliance application. 7. Ada County Highway District Site Specific Conditions of Approval !Note: prevtous conditions were deleted and renlaced.) 7.1. ConstnJl't A 'i-foot wide detached concrete sidewalk on V.tick Road. Provide 0. sidewijlk easement for sidewalk located outside of the ril!ht-of-wav. 7.2. Utilize a ril!ht-inlrililit-out driveway on Ustick Road located atlDroximatelv 350-feet east of SA- SS. Construct a raised median ill the center of the roadwav to restrict the access 7.3. Utilize a tiJll access driveway on Vstick Road located aDDroximatelv 700-feet east of SH-55. 7.4. Construct the westerlv half of Allys Way from Ustick to a Doint aDDroximate]y 1.3'i5-fect south of Us tick. The westerly half of the roadwav shall include vertical curb. lnltter. 5-foot detached, concrete sidewalk. and a minimum 24-f....t ofoav..ment. 7.5. Enter ioto a DeveloDD1ent Al!f..ement With the District to provide for the dcsi2l1 and construction of AlIvs Wav to a full 46-foot street section with curb. gutt..r and sidewalk on both sides from Ustick Road south aooroximately 1.355-feet. The District should be resoonsib!e for the cost of curb. 2Utter and sidewlllk un th.. ..ast side of Allys Way and 18-feet of Davemem to comDlete the road section. The Deyelooment Al!reement should be executed orior to aODroval of the final ola!. 7.6. Comolv with all Standard Conditions of AoorovaL Standard Conditions of Approval 7.1 Any el<isting irrigation facilities shall be relocated outside ufthe 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 AU utility relocation costs associated with improving street frontllges abutting the site shall bc borne by the dey..loper. 7.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with fik number) for details. 7.5 Comply with the District's Tree Planter Width Interim Policy. 7.6 Utility street cuts in pavement l..ss than tive years old are not allowed unless approve'" in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) fnr details. 7_7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applio;abh:: ACHD OrdiniWees unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. Gateway Marketplace Subdivision E,hibil C Pase 7 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY or MERIDIAN PLANNING DEPARTMfNT STAff REPORT fOR IHh HhARINU DATE OF 7'1812006 7.8 The applicant shall submit revised plans for staff approval, prior tn issuancc of building pennit (or other required pennits), which incorporates any required design changes. 7.9 Construction, me ~T\d property development shall be in conformance with all applicable requiremcnts 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 construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinancc. 7.11 It is the responsibility of the applicant to verifY all t;J\i~ting utilitics within the right-of-way. The applicant at no cost to ACHD shall repair cJ\isting utilities damaged by the applicant. Ih" applicant shall be required to call DlGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare 01' filled) lIro:: compromised 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 repr~entative and an ~uthorized repl'l;~o;ntative ortbe Ada Cuunty Highway District. The burden shall be upon the applicanllo obtain written confirmation of any change from the Ada County Highway District. 7.13 Any change by the applicant in the planned use ufthe propeny which is tbe subject of this application, shall require the applicant to comply with all roles. regulation., ordinances, plans, or other regulatory and legal re8trlctions in force at the timc the applicant or Its successors in interest advises the Highway District of its intent to change the plaIWo;d use of the subject property unless a waiver/variance of said requirement~ or other leg~l relief i. granted pUfSuant to the law in effect at the time thc change in use is sought. Gateway Marketplace Subdivision Exhibit C Page g CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 cny OF MlORlDlAN PLANNING DI!PARTMfNT STAff REPORT fOR THE HEARING DATE OF '}!IK/2006 Exhibit D. Required Findings from Unified Development Code Prelim.inaJy Plat Findings (UDe 11-6B-6): In detemLining 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 Comprehen$ivc Plan, 'Mixed Use Regional' is defined as areas including conunereial and residential development consistent with auto and service oriented uses. The Council finds that the requested General Commercial (C-G) zoning desiguation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use- Regional". The purpose of the C.G district is "to provide for II review of the impacl of proposed commercial uses which arc auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the trallllient and permanent motoring public." The Council finds that the proposed zoning is in general conformance Wilh tile clImpn:hensive plan (please see Section 7 of the Staff Report for delailed analysis of specific comprehensive plan action itenu; Ihat apply to this development). B. The availability of public services 10 accommodate the proposed development; The site is intended for couunercial uses which, based on the Comprc1u:nsive Plan description, will have such uses a~ retail, wholesale, servicc and office uses, as well as appropriate public uses such as government offices. The applicant 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 cxtellllion ohewer in Ustick Road and extended south through thc site to he loopoo with extensions in Eagle Road. The applicant will be responsible for the extellllion of utilities to and through this proposed development. Sizing and routing shall 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 eXlend SUCh services to the site. The applicant and/or future property owners will be required to pay park and highway impact fces. AClID has submitted a staff report with site specific and standard conditions which will is attached as Exhibit C. On December 28, 2005, a joint agencyfdepanment comments meeting was held with representatives of key service providers to this property. Based on the joint agencyfdepartment meeting and other comments received from agencies/departments, slaff finds that except for sanitary sewer, the public selVice. listen above can be made available to aC'C'ommodate the proposed development. The Conunission and Council reference any written and/or verbalteSlimony submitted by any public service provider, regarding their ability to adequately service this proj eet. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fICe, police and school facilities and services. The Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequcnt development will not be detrimental to the community's economic welfare. C. The continuity ofthe proposed development with the capital improvement program; Gateway MlIrl<;elplace Subdivision Exhibit F Poge I .CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007 CITV OF MERIDIAN PLANNING OI'P^RTMENT STArr Rt:PORT FOR THE HEARING DAJ" U~ 7iH12006 Because the developer is installing Sewer, water, and utilities for the development at their cost, the subdivision willllul rl:l.)uin, the expenditure of capital improvement funds. D. The public financial capability of supporting services for tbe proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The other health, safety or envirOlUDental problems that may be brougbt to the Commission's attention. The COWlcil is not aware of any health. safety or general welfare problems associated with the development of this subdivision that should be brought to the Councilor Contmission's altention. ACHD considers road safety issues in their analysis. The Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental 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 preselvatioll_ The applicant will be required to maintain, fence, and improve the waterways which are existing on this site. G.tew.y Marketpl.... Subdivision Exhibit F Pa~c 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER i'r~4' w- it. ':'I ~ ~;;dl;;"h i; ,\~ I: I,\.-U, , j} ....~.r...~:!o:,~" , ,.' ..... ~;/ -~',~~ In the Matter of Variance request for two accesses to SH !iSI 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 June 27.2006 with updated f'mdinl!s for apProval on .Julv 18. 2006 City Council al!enda. A. Findings of Fact 1. 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] 8, 2006 ineolporated by reference) 3. Application and Property Facts (see attached updated Staff Report for the hearing date of Aprill R, 200(; incot'floTRted hy reference) 4. Required Findings per the Unified Development Code (see attached undated Staff Report for the hearing date of April 18, 2006 incOIporated by reference) B. Conclusions of Law 1. The City of Meridian sholl exercise the powers conferred upon it by thc "Local Land Use Planning Act of 1975," codified at Chapter 6S, Title 67, Idaho Code (LC. ~67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title II Meridian City Code, and all current zoning maps thereof The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan ofthe City of Meridian, which was adopted August 6,2002, Resolution No. 02.382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~ II-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). VAR-06-002- PAGE I of3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 4. Due consideration has becn given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdictioo_ 5. It is found public facilities and services required by the proposed development will impose expense upon the public if proposal is aUowed. 6. That the City has granted an order of approval in accordance with this Decision, which shaH be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, and the all in the attached findings in the ~StaffReport for the hearing date of April 18, 2006 incorporated by reference. . C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code ~ II-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Variance Request for accesses to SH 551 Eagle Road is hereby 4effied aoorovecl: and. 2. The aoolicant shall be allowed permanent access to SH 55/Eacle Road at two locations: 1.350 feet south of Us tick Road and annroximatelv 850 feet south of Us tick Road. D. Notice of Final Action and Right to Regulatory Takings Analysis I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the 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-eighl (28) days aner the final decision concerning lht: 1II11ller al issue_ A requesl 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 affected person being a persun whu 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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: UDdated 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 uO 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 uf ~ 1 , l , ___, 2006. J COUNCIL MEMBER SHAVN WARDLE VOTED~ VOTED I!b~ VOTED m I'}.-.J COUNCIL MEMBER JOE DORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMYdeWEERD (TIE BREAKER) - VOTED -/7~~~" Ma~~r!.~e Weerd----- \\\~d' ME~>, Attest: ./",6' ... .rP~~:-""(' .".. "'\ f ~ 0 % Wi11iam G. Berg, Jr., C y Clerk t 7. ShL,L l' j '\. "'0 ~r lS"" . ;/.p / ';;~ '1 ~"r ,,~ Copy served upon Applicant, The Pla~Q;~U'."cL~'Public Works Department and City .~(=-~":\~~\ Attorney. ByJ(l;\.(l.1 II.. \ 0 0 City Clerk ".__ Dated: IP 2.O-0lJ CITY OF MERIDIAN fINDINGS Of fACT, CONCLUSIONS OF LAW A,'10 DECISION & ORDER CASF NO(Sl VAR-0Ii-002- PAGF 3 nO CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING MD ZONING DEPARlMENT STAFF REPORT FOR HEARING IJAJJo UI' 411 X!()(, STAFF REPORT City Council . Hearing Date: April 18, 2006 & June 27. 2006 It~ UodatedforJulv 18. 2006 findinl!S 1""""-0 /,"'''. ". .1:~ Mayor and City Council \.../'VLtlndldfl ." '(', Joe Guenther, Associate City Planner _~ i: '.\II<' i UPdated bv Anna Canning. Director '~":~-~"._....1"-"'~ ~~.,,-,.." / Gateway Marketplace Subdivision Variance IH: File Number: V AR-06-002 - Variance request to allow a right in/right out access and a right wright out with a left in access onto Eagle Road, SH 55 for Gat"way Marketplace by Landmark Development Group, LtC. TO: FROM: SUBJECT, 1. SUMMARY DESCRIPTION 01<' APPLICANT'S REQUEST The applicant is requesling a variance from Seclion 1I-3H-4 of the Unified Development Code (UDC) that prohibits new vehicle approaches to stale highways. The Variance application proposes a new approach to Eagle Road, SH 55, one access driveways for right in, right out with a possible left in at approximately 1,350 feet south of U stick Road and one access driveway for right in, right out at approximately 845 feel south of Ustick Road. ITD staff indicated that the proposed access point does not meet di6trict policies. The Idnho Trnnsportalion Depllrtment (ITD) has notllpproved 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 conunittee met on March 22, 2006. At the meeting ITD determined that the applicant shall comply with the consideration~ outlined in the approvalletler dated March 24, 2006 which also state the access permit application to be contingent on obtaining a Variance to Section 11-3H of the UDC. ITD staff acknowledged that they were required by state code to issue the access permits to deeded access points on state highways but encouraged the City of Meridian to be the authority on land use planning. The Variance application pertains to the 22.85 acres proposed as a commercial mixed use development, 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 tlnal decision authority on the Variance application. The main reasons the applicant believes a variance is justified are summarized in Section 3.h. on page 2 of this report. The Council voted to deny the reQuested access on AoriIIS, 2006. Prior to adootion of the tindinils the aoolicant requested reconsideration of the Council's decision. The Council conducted a second hearin!! "n Jum; 27.2006. Tht: aoolicanl's rt:llu~t allhal hearing was fur ril!ht-in ot:rmancntlv and right-uut tcmoorarilv at two locations: 1.350 f~~t south of Us tick Road and aOMoxirnatclv 850 feet south o[Ustick Road. The Council voted to annrove ri!!ht-in and ri2ht-out Inermanentlvl at bOlh locations 2. SUMMARY RECOMMENDATION Staff is recommending denial of the subject Variance application (V AR-OO-Q02) for the reasons listed herein. We do not find that the application meets all of the findings required in the UDC in order tor the City Council to gram a variance (see Exhibit C). Section 11-3H-3 oCthe 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 staCfs knowledge, no such specific recommendation has been provided to date. (See the analysis, beginning with Section 9 on page 5 oitbis report, for more details.) 3. PROPOSED MOTIONS Gnleway Marketplace S"bdivisiOll Ace... VAR-06--002 PAGE 1 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 ellY Of MERIDIAN PLANNING AND ZONING DEPAR.TMENT STAff REPORT fOR HEARING DATI' OF 41l8/O6 Approval After considering all statT, applicant and public testimony, I move to approve File Number V AR- 06-002 as presCIlted in the staff report for the hearing date of April 18 , 2006, and the ~ite plan (preliminary plat) labeled PP-l, stamped REVISED March 10, 2006 with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number V AR-06- 002 as presented in !be statT 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 II1ust state specific reason(s) for denial of the conditional use pennit.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number V AR- 06-002 to the hearillg dale of (insert cOlltinued hearing date here) for tll" followulg reasou(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 II::, Section 4 b. Owner James Kissler 1125 W. Amity Boise Id 83705 c. Applicant: Landmark Development Group, LLC Tamara Thompson 1882 Toluka Way Boise ID 83702 d. Representative; Tamara Thompson, Landmark e. Present Zoning: General Retail and Commercial (C-G) (AZ-03-Ol8) f. Present Comprehensive Plan Designation: Mixed Use-Regional - 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: I. See Exhibit A (prepared by Landmark Development Group LLC) for a copy of the detailed site plun which depicts the lot layout. building, parking and access locations. Exhibit B shows the proposed landscape plan. h. Applicant's Stutromelll/Justificntion: The application notes that the nuxed use regional designation provides for the overall site to be developed with a mixture of Retail/Restaurant IDrive thru and other Commercial and office uses oriented around automobile traffic. The applicant notes that the site is an ideal location for a retail comple" 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 pennits for the project on the north side of Ustick Road; Gateway Morketplace Subdivision Access V AR.06-002 PAGF.} CITY OF MERIDIAN PLANNING DEP AR TMENT STAFF REPORT FOR THE HEARING DATE OF illL Y 3, 2007 CITY OF MERl\)JAN PLANNING AND ZONING OfP ARTMfNT 81' AFF REPORT FOR. HEARING DATE or 4/18'06 We believe we are grandfatheredJrom the UDC based on discussions and annexation occurring before its adoption. 5. PROCESS FACTS a. The suhject application will in fact constitute a variance as rletr.rrninerl hy City Ordinance. By reason of the provisions of the Meridian City Code Title II, Chapter 5, Anicle A (Table ll-SA-I), 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: Cowlcil- March 24, 2006 d. Applic,ant posted notice on site by: April 7, 2006 e. City Council cQnducted the initia.l hearine: for this item on Anrill8. 2006 and aDoroved tbe proiect. Before the fmdin2s were adollted. the Boolicant reauested reconsideration_ The reconsideration hearinl! was initially scheduled for June 6. 2006 and continued to June 27 2006. f. New&oaoc:r notification:; for Council reconsideration bearing published on: Mav 15.2006 and Mav 29. 2006. 2. Radius notices tor Council reconsideration hearina mailed to orooectic. withil~ 300 feet on: Mav II. 2006 h. Aolllicant posted notice on site fur Council reconsideration hearin2 by: Mav 27. 2006. 6, LAND USE a. Existing Land lhe(s): Bare land, single family residence b. Description of Character of SurroW1ding Area: Large lot residential, highway-oriemed services, rapidly urbanizing_ e. Adjacent Land Use and Zoning 1, North: Future pad sites within Schmitchger Subdivision, Lowe's site zoned C-G. 2. West: Sadie Creek Promenade Subdivision, Bienville SubdiVision proposals. zoned C-G, RI, and RUT 3. South: undeveloped pureels zoned C"G 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 Devd~lpmcnt Agreement for various High Density Commercial, Multi-family Residential, transitional, and office uses under File AZ.{J3-0 18. Some property was annexed and zoned to General Retail and Conunercial (C-G) with a Development Agreement while other portions ofthc property (on the west side of Eagle Road) were not included in the annexation leaving out parcels which were addressed with the original conceprual plan. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extension of mains in U stick Road Gateway Marketplace Subdivision Acoe" V AR.06.002 PAGE 3 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 411 X/ur; Location of water: Extension of mains in Ustick Road Issues or concerns: None 2. V cgetation: Agricultural/Irrigated 3. Fluw plain: N/A 4. Canals/I)itches Irrigatiun: The Finch Laleral courses the suulhern part of property and the Milk Lateral courses the nonhern pan of the propeny 5. Hazards: None identified 6. Size ofPropeny: 22.85 acres 7. Description of Use: Retail, Office. Commercial, and Restaurant liS"" and associated parking and landscape improvements along Eagle Road. f. Summary of Proposed Streets and/or Acce.. (private, public, common drive, elc.): The applicilnt is proposing two new access points 10 Eagle RoadlSH55 10 serve the Gateway Marketplace project at approximately 850 feet and 1,350 feet soulh of the Ustick/Eaglc Intersection. 6. AGF.Nf'Y COMMENTS All agencies provided comments for the pial application beinS hcard simultaneously with the variancc roquest. Please see the public record for the Plat file for any writtcn comments that may have been submittw by other agencies. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site i~ designated 'Mixed Use-Regional' on the Future Land Use Map. In Chapter vn of the Comprehensivc Plan, this desiguation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and fleJlible design opportunities are enCouraged. The MU.R has no upper limit on the square footage of non-residential uses and is intended to allow a broad range of uses. Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application: · Chapter vn, Goal TV. Ohjective n, Action 2: R",strict curb cuts and ar.C.ess points on colkctors and arterial streets. The ACHD evaluatps accpss pointS in the;r analys;s; no dired lot aee..ss is allowed to any ofr},e arteriallcollector roadways. The proposed access points to the arterial streets general"v comp(v with ACHD 's standards. Please see the ACHD stailreport and Exhibit Bfor the conditions from ACHD. lhe idaho Transportation Department (iT D) has a policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD al/ows approaches (other than intersections) in special cases and On a le"'pomr)' basis. The Eagle Road access shall be eliminatedfrom the plat design if the Meridian City Council does not grant a variance and/or if ITD does not approve an approach for this site. · Chapter vn, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback. vegetation, low walls, berms, etc.). The applicant is proposing to conSrmCt appropriate buffers along all a/the adjacent arterial streets with the exceptioTl of the curb cut shown on the site plan. By ordinance, a minimam 25- joot wide landscape buffer is required adjacent to residential uses and 35/oot wide landscape bujfer to Gateway Corridors. The landscape plan shows the appropriate landscape buflers. Gal~\\Iay Markerplace Subdivision Access V AR-O/i.-OO2 PAGE 4 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CI1Y OF MERIDIAN PLANNING AND ZONING DEPARTMt::NT STAFf Rt::PURT FUR HIiAlUN(; VATE Uf 411M/06 "The capacity of arterial. . .roadways can be greatly diminished by excessive driveway connections to the roadways. TIle City should coopefate with ACHD to miuimize access points on arterial. . .roadways as development applications are reviewed." (Chaptef VI, page 72) "Develop methods, such as cross~aecess agreements, frontage roads, to reduce the nwnber of existing access points on to arterial street.." (Chapter VI, Goal II, Obj. A, #12, page 79). "Restrict curb cuts and access 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, berms, etc.)" (Chapter VIT, Goal IV, Objective D, Action item 4) "Require aU conllllercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) 8. UNIFmD DEVELOPMENT CODE The;: folluwing UDC sectiollS al'C pel1inent to tlus application: a. Development along Federal and State Highways: Unitied Development Code (UDC) 11- 3H -I, PUTJJUse. One of the three; PUlPUSC stateml':nts is to "limit ""cess points to state highways in order to maintain traffic flow and provide better circulation and safety within the conununity 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 that the following conditions are met: 1. The existing use is lawful and properly permitted effect.ive September 15,2005. 2. The nature of the use does not change (for example a residential use to a conuoercial use). 3. The intensity of the use does not increase (for e"ample an increase in the 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 changc or increase in intensity of use, the owner shall develop or otherwise access to a street other than the state highway. The use of the existing apprnach shall cease and the approach shall be abandoned anrl removed. I. No new approaches directly accessing a state highway shall be allowed. 2. Public street connections to the state highway shall only be allowed at: a. the section line road; and b. the half-mile mark between section line roads. These half-mile connecti.ng 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 acconunodate future connectivity and access to all properties fronting the state highway that lie between the applicant's propeny and the nearest section line road andlor half mile collector road." 9. ANALYSIS 9a. Analysis of Facts Leading to Stan Kecommendatlon for Denial Listed below are various documents in the public record pertaining to this applicM;ol1 The relevant points within each document and an analysis of those points follows (sllifFs anulv_.is in italics). For additional analysis, see the Variance Findings in Exhibit C. Gateway Marketplace Subdivision Access V AR-OG-002 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DEP ART!\.1ENT STAFF REPORT FOR HEARING DATE OF 4118106 Annexation In September 2003, Planning Staff member Brad Hawkins-Clark included the following constraints on the development agreement in the staff report for the Kissler Annexation: "Eagle Road is the major north-south arterial in Ada County. The capacity of this artcrial 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 Or addressed as part of this applicalion The Planning & Zoning Department has had recent discus,ions with I1D District 3 (Sue SulliV/ln) regarding controlled and restn'cted access points adjacent to SH 20-16, SH 55 and SH 69 in Meridian 's Area of Impact., We a,.., recommending lID coordinate with lhe Ci~J! <?fM"ridian to requir" backage roads be constructed on all parcel.1 with state highway frontage, wherl'w,r the parcel sizes and con[iJ{UratioTls allow. Therefore, in light of this recenr policy discussion. scuff is recommending the Commission and Council require backage roads (either public or private) be incorporated into fUture developmem as a condition of the DA. (See Site Specific Cunditiun 1f3 beruw.) Site Specific Condition #3 reads: The DA shall require that all future uses within the boundaries of this anneltation only be approved with either a public or po vate backage street parallel with Eagle Road/SH 55 be incorporated into the design of future site plans. Testimony was taken at the public hearing on the Kissler Annexation Fcbruary 24, 2004. COllneil Member Rird made tbe motion with a contingency on the extent ofthe approval that stated: "We are basically just annexing the property, we are not giving any go ahead ol111nything or any designs, so with that said I would move that we approve AZ 03-018, the annexatioll and zoning of Kissler, Cobb, anti Ruwe parcels and to take condition n\lmbcr three liS pec applicant's statement" Development A2reement The following findings were made and written into the development agreement foc AZ-03-0 18. Adopt the Recommendations of the Stale oj Idaho Transportation Di!partmem aj/ollows: J. SHl55 has been designated a Principal Arterial. JDT would like to preserve this corridor by recognizing the following conditions: a, Future right of way widths will be: A. 120 feet each side of centerline (140 Jeet total) for bllilding setbacks and to include afrontage road, or B: 70feel each side ofcenlerlille (J 40 feet total) if Ihe developer provides an infernal frontage road typ" '~l'stelll to feeder roads, 1. Access to a Pn-ncipal Arterial Type 1 V will be intersection,. only. and spaced at one mil" imervals in rural areas and one-halfmile intenmls in urban areas. Approaches (other than intersections) maybe permitted in special ca,'es and on a temporary basis asfollows: (1) Alfowed until stale highway system is improved by a constmction profect at which Gateway Marketplace Subdivision Access V AR.06-002 PAr-I' h CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF TIlLY 3,2007 CI fV OF MERIDIAN PLANNING J\NlJ ZONING DEP ARTM ENT STAFF REPORT FOR. HEARING DATE OF 4/IXf06 time an access will he provided 10 Ihe property, which may nol directly access Ihe slate highway system, but milY be via a frontage or buckage road, - 0) Shall be recorded at the County Recorders Office, (3) Temporary access restrictions will be noted On the permit, 20, II isfound that any future uses will impact the level andflow of traffic on the surrounding streets_ Spe<'ific traffic counts will be determined at Ihe lime of devclop"u"'l application, In accordance wilh Camp Plan policy #12 (pg. 79) and policy #2 (pg. 107), il isfound Ihal the number of vehicular access points to Ustick and Eagle Roads should be resTricted and comply wilh A CHD policies in order ta preserve the capacity and movement On Ihese ruadways at lmi/d- out, · Traffic Accident Data The following is the 2004 accident data from the Meridian Police Depanment for the Eagle Road corridor. Of the top 10 intersections in Meridian for total number of accidents, six of those intersections were along Eagle Road/SH55 (Overland, Magic View, St. Luke's, Franklin, l..anark and I'airview). 2004 TOP 10 MERIDIAN ACCIDENT LOCATIONS ..- INTERSECTION TOTAL # ACCIDENTS EAGLE/F'J\IRVIEW 82 FAIRVlEWILOCUST GROVE 46 MERIDIAN/OVERLAND 44 E:AGLE/FRANKLlN 41 FAIRVIEW/RECDRDS 39 EAGLEOIMAClIC VIEW 3tl EAGLEILANARK 28 E:AGLE/ST LUKES LN 26 MAIN/FRANKLIN 23 EAGLE/OVERLAND lO In 2004,228 of 1,357 total accidents in thc City (16.7%) OCCUlTed OIl Eagle Road. There is a dircoct corrdation belwl:l:llllu: numbLT 1)[ acct:ss puint:;/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 accesst.'S helps to ensure a safer roadway. Eal!:le Road Arterial Study - Final Report (Anril 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 ShaWlon, !TD District Engineer, and was also endorsed by the ACHD ComnmslOn. The study includes the follOWing recommendations: Gateway Marketplace Subdivi<i.,,, Access V AR-06-002 PAGI:7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007 CITY Of MERIDIAN PLANNING AND ZO~IN(j DEPARTMENT STAff REPORT fOR HEARlNG DATE Of 411 8106 Para. 3.2.5, pg. 4: "ITD and ACRD should work together with the municipalities t() identify tbe specific public s!reels and private approaches on Eagle Road to be closed, over time, via access consolidation, provision of secondary access, etc. . ." ACHD has providf'd two access points to the 5'ite which lie along Ustick Roael. The availability of Cross Access to collector and arterial road systems would preclude any access to Eagle Road which would consolidate the accesses 10 the new public stren (Allys Way) or the approved approaches to Ustick Road. These approaches all lie within 1,350 feet of Us tick Road or 500 feet {(J theluture colleclOr roadway which would be an acceptable length of which cammerc:i"J Users would ":<pect public road access. Para. 3.2.6, pg. 4: "The existing circulation network within and between existing developed parcels should be reconfigured tu reduce the number of acccss points to Eagle Road and to allow more local trips to be mad" without the need to travel on Eagle Road. This concept should be incurporated into municipal planning and zoning policies, . ." Meridian's adoption of the UDC, Article H, demonstrates the City's comlllitmen/to reJudng the number of trip~ and potf!fl/iuJ acddf!nb on EiJgle Road, Access AnalvM~ ITD must issue a right-in/rieht-out permit and a full access permit for this site, and the access is furtber contingent on the Meridian City Council granting a variance to CDC I I -3R. At this time the policy in place would be for frontage roads to serve this site and provide connection to the Yz mile and the collector road systems. ITD has submitted a letter indicating that they will not make a final decision on approving access to Eagle Ruad 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, 1m conditionally iMued the two acc""" (lOinl.~ to Eagle Road at the locations defined by the applicant. Please see the letter in the file dated March 24, 2006. In addition, the Ilpplicant is proposing two new nece.. points to V.tick Road at the following locations: Driveway #1 - 350 feet east of Fag Ie (right-iniTight-out with center merlian) Driveway #2 --700 feet east ufEagle (full access) Ustick Road, from Leslie Drive to Allys Way (on the east side of Eagle Road), including the Eagle Ruad intersection, hiJl; just been widened and improved to five lanes. The intersection was widened to include dual left turn h'nes_ In addition, the recorded DA between the applicant and the City requires eithCl' a public or private street be constructed paJ;aUeJ to Eagle Road/SH55. AClID has staled lnat the applicant shall provide cross access south and east to connect to the future coUector roadway casl of the site and the connection to the signalized access proposed south of the site at River Valley Drive. ACHD staff will be in attendance for the April I!!, 2006 hearing and have stated their oppositiun to access on Eagle Road iJl; it diminishes the classificatiun and function of the future North/South collector roadway (Allys Way), if excessive points of access are allowed to Eagle Ruad ACHD may change the road project to a lesser classification or nut construct Gateway Matketpla= Subdivision Acee.. V A.ll.-06-002 PAGE g CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERlDIA.N nANNING AND ZONING DEFI\RTMEr>T STAFf REPORT fOR HEA.RING DATE or 4/1 ~/06 the project at all. This project along with the Una Mas Project east ofthe site will connect with Ally Street, a proposed public street serving as a collector roadway to the entire area. Th", desil,,'Tl recei v",d March 10, 2006 lines up at three points to the east as requested. The ar",a plan (Una Mas Annexation) shows private, internal driveways COllllccting to th", futurc 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 Una Mas annexations to enter into a Development Agreement with the City of Meridian to make the cOlUlection to Allys Way. ACHD would also like for Council to consider asking the developer to modify the DA to include applicant participation in constructing the collector roadway. ACHD Staff notes that the DA requires the applicant to construct a frontagelbackage road, similar to what is being done by the Winston Moore project on the NW comer of Ustick and Eagle. ACHD has acquired property to facilitate the appropriate location and alignment of such frontoge/backnge road, but they do not have funds committed for construction. It mllY be appropriate to tie development orthe subject property to construction of the collector roadway. For a detlriled report on both lID's and ACHD's actions and comments, please see the letters/reports submitted with the application. ITD and ACHD will have ~taff available for conunent and questions at the public hearing. Aoolicant Arguments to Grant Variance The applicant's arguments to gra.nt th~ variance were sWlllllarized ill Section 3.h ofthis report (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 bad /lot 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 (1l~3II"4.B.a) is. "Was there a lawti.ll and properly pennitted exisling use effectiv", September 15, 2005?" 1'h", answer is "no," because the site was annexed, but did not bave any specific uses approved nor any uSe permits granted for the property. All properties being annexed into the City of Meridian require ti.lture uses to be upgraded to meet the City of Meridian Standards and required all ti.lture uses to comply witb Comprehensive Plan policies and ordinance standards. ITD had not approved access pennits to this site prior to September 15, 2005, The fact that ITD has already granted approach permits in the area is also not the issue at band for the City Council. The City Council is charged with enforcing the terms of the City's ordinances - in this case Article H of the UDC and determining the varianell based On the City's own findings. The applicant claims that due to physical constraints on the site that they will not be abte. to create a frontage road. Staff responded citing ITD's policy that states a frontage "type" of connection may be utilized, which docs not have to be with a public road connection. 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 cOIlllection (future Allys Way collector) which will provide the frontage road requirements for the subject site. Planning Staff required multiple cross access points to the north which were to be designed as commercial eollecLOrs with appropriate widths and limited comlectioru; for all sites SE of the Ustick Eagle Intersecrion (Una Mas and ACHD's Atmexation) Statl conditioncd these road connections to serve as the frontage type roadways with limited access Gateway Markelplace Subdivision Ace... V AA.06-002 PAGF 9 CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERJDlAN PLANNING AND ZONING DEPARlMENT STAFF REPORT FOK H~.Al{JN{j DATE OF ~II 8/(16 (no parking) as required by ACHD tor traffic circulation and no funher connections to Allys Way. Access to Eagle Road would not be necessary if properly designed and managed. These public access points lire less than 1,350 feet from any point on The siTe and when properly designed, staff feels that the size of the site does not 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 (Ustick Road). Furthennore, the UDC includes a statement that an access "may" be granted, if approved by rrD. However, the UDC explicitly stntes there must be an "existing use that is lawful and properly permitted" prior to September 15, 2005. No such use has yet been approved and all uses existing on site are to increase the intensity of the use and change the nature of the area which are prohibited by Cily Ordinance. 9b. Staff Recommendation: Ba5ed on the Comprehensive Plan and UDC policies listed under Section 8 of thi5 report as well as the analysis of findings shown in Exhibit C, staff finds there is a lack of evidence aud grounds to grant new vehicular access points to Eagle Roao:VSH55. Plillluiug Staff find: The request does nut meet the standard. fur access approvala. required by UDC Il~3H. · The letter5 received from lTO during the 2003.2004 annexation process make no guarantees that permanent access puint. would be approved · rrD specifically stated their opposition to access at this sitt in 2003 and the City of Meridian inCOrpOfllted their recommendation as a consideration for alUlexation. · City of Meridian COWleil Members are on public hearing record in 2004 opposing access points to cagle Road for the eastern side of the development and n:quired a frontage road access unly. · These access points are DOt shown in the Eagle Road Corridor Study. · No reference to prior aecess 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 may want to consider tying development of the subject propeny to the construction of the Allys Way collector road. The finding for frontage road will satisfy the !TD policies for intereounectivity and provide adequate access for eommercial 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 recommends denial of the subject application. We have prepared findings consistent with this recommendation in Exhibit C. G.teway Markolplaee Subdivision Aecess V AR-06-002 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3,2007 CITY OF MERIDIAN PLANNING AND L.ONING UI::I'AKIMI::NT STAFF REPORT FOR HEARING DATE OF 4/1 K/06 ) O. EXBmITS A. Project Plan (by The LlInd Group, Stamped March 10, 2006) B. Legal Description C. Required Findings from uoe (Variance) GBleWBY Marketplace Subdivision Access V AR-06-002 PAGE 1\ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY 01' MEIUDlAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06 Exhibit A: Overall Concept Plan (Red Cliff Development Company) Meridian Oateway Vanan.. Application ElI:hibil A r~gl; 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MtIUD!AN PLANNING AND ZONING DfJ>AIl.TMENT STAff Il.EPORT FOR HEARING DATE Of 4i j 8i06 - -.-....-.-.-- 11111 "I :Hi'lijl!~ ~, I III 8 ~ f i I r! II!I I I ~ IS IIII1 1 El IH I I! . ..... ....I l~' I ,3" ,;t ";11";:1. S 11' .; ~16'~ ~~U~ ~ ~~ r ~ Ji~~i~~ ~In ~ ~ J f !luj1t',',p ,'111 - H · Ie. "UIII 'f " I"'f <,),p"" .. I ,,"'~i...- "" P P., I I I : I ~v~,-.<. \ 1 I q i ' u ,'Ii ~ \)~. \\ , I 1.1 ~ .11 ~t"\' I II Q Q ; I f ~. II "II ~~ - __ ," r: ,- ! 1! I',' JI Ji : ;; .... I .....4t I 11111111 8 r ','11,111 11"1 .. GATEWAY MARKETPLACE SUBDIVISION PnIllllllnary PlI\l u._,_ Meridian Gat.way V llliance Applica!ion ""hib;! A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDII\N PLANNING /\ND ZONING DEP I\RTMENT STAFF REPORT FOR HEAKlNU J)A It 01' 4/18/06 Exhibit B: Legal Description claiborn ... waite consultillg,..lk Al'\glnecrs B~ surve}'oJ"s IZ<I N. Cwlio Rd. 8oiso, hIBho G370G (203111~'3~~S FIIllIZ03) 4Z~-9862 P.N. 2279 October 20, 200S PARCEL "A" USTlCK PROPERTY REMAINDER PARCEL DESCRlf'nON A puwl of land lying in the N~ 1/4 of SediOll 4, T.3N.. R.IE., B.M., Ad. CounlY. Idaho. Ind beina more poniculatly described .. fallow&: ~ U the Northwes'_ of said Section 4, lhence S 89' 49'08" E"'8 tho Nonh bounduy at said Suction 4 and lho centerline ofUstiok Rood fur ,diltllnce or 97.62' reel; lhenc:e I-vias Mid North boundary Nld ~ertine S 01'50'5Z" W foI, di6li1llce of 77.96 feel to. poim on the South riaht-of-way lilI. DrUsa" Road, being !be REAL POINT or BEGINNING) ~ aJoaa laid SOUlb right-of-way Ii... foIlbe fallowins 13 COUl'MS: N 4<f 02'14" E foIs diSlance or41.06 feet; liwlee S B9' 49'08" E for ,CliJtane. of262.B1 foe!; Ihoncc S 42' 5 I 'ZI" E tOl . dilWlC:lll of 41-18 I\let; llla1ceN 87 17'10" E for .di....... of29.0Haal; theD.. N 42' 43'35" E fo.-. dillanct: or 40. 51feet; d,....", N 89' I J'J4" E rOl' 0 di_ of 179.Z8 rCCI (fonnerly d=,ibod.. 179.20 feet), :.k:h."; ~ G:r :;~ .:;~-- [ i'vl .. t.i:~lj",jJ\-1,. lJi j .1,"';) US..I., thalce S 89' 49'OB" E fftr S dilllance or 1000 feet; I h~'JK,,' I~ I'll I ; ';. i- : ,1 :' I r'.",:. " \" ~It i ~ .a I teen. C:\Pfoie<tS\UalckLLA (~21')\DacumotIu_ A.doe-- I - Meridiatn Gateway VL\I'ianoe Application Exhibit B poge 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANhlNG AND ZONING DEPARTMENT STAfF REPORT POR HEARING DA IE OF 4118106 claiborn ... waite consulting~ engineers & surveyors 120N, CunisRd. Ikli,e, Idaho 83706 (208) 376-8555 FIlX (208) 429-9862 P.N. 2279 Oetober 20, 200S PARCEL "B" USTlCK PROPERTY 5.S1 ACRE SPLIT A parce1 of land lying in the Northwest 114 of Section 4, T.3N., R.JE., 8,M., Ada Colillly, Idlho, and being more particularly described as (olIows: Commenllil\8lt the Nonhwest comer of Slid Section 4, thenco S Sir 4!l'OS~ E BIoI18 the Nonb bounlbry ofuid Section 4_ the oemerlllle ofU.tidc Road for II dillaJJCe of 97.62' tMt; thence 1cavinalllid Nonb boundary and centerline S 01' 50'S2~ W for a distulce of 77.96 feel to II point on the But right-d-way line ofBag\e Roadt thence 1I0000wd Eaat rillht-of-way line S or 50'52" W for II dill8/lCll of 1038.43 fNt to !bll REAL POINT OF BEGINNINGI thence continuing along said Eat right-of-way line S or SO'S2~ W for a di-.- of 154.90 feet; thCilCC S 0C1 36'13" W lIong Mid But right-of-way line for II diltanCe of114.17 feet; theDce IMvlll8 laid t:ul rigbt-of.wlIY liM S Sir 51'00" E for a dlatanc;o of 700.02 feet; thence N Q(I' 36']]" E for a dilWlCe of93.77 feet III the South boundary ofGov.........ent Lot 4 of lllid Section 4; thence S 89 S 1'00" E along Raid Soulh bounduy for 8 diSlUl~e of61 35 feci; t~,.,.. ljl1.~"'!~r :,~!A ~,....t:th ~':l:'r:::~'~r:' ~l rr~ "C:'~.. r f." i. L~' :i..c...:II.... l...:-~'" i "': f~.::LI thence N glr S )'00" W for I djslAII~e 006300 feet; Il:'n.,; , '1(' 'l"'~~(r ". :'..: ..JI~d~~\'\.~ \,{l'. tJ'II~4'1 C\J'rojcCISIUSlicU.LA (2279)lDocumenIS\P1/'CIe1 B.d",,- J . Meridian Ga!eway Variance Applioatlon Exhibit B Pogo 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMEl\1 S IAt't' REPORT FOR HEARING DATE OF 4ilSi06 thence N 89' 51 '00" W for II. oistance of] n.oo feel; thence S OU 09'00" W for a distance of34.50 feet; thence N gg 51'00" W for a distance of2]8.67 feel to the REAL POINT OF BEGINNING; containing 5.51 acres of land, more or less. Prepared by: Todd R Waite P.L.S. C:\Projects\UslickLLA (l279)\DOQImenls\Pan::eJA.doc- 2 . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY Of MERIDI^N PLANNING AND ZONING DEPARlMENT STAn REPORT fOR HEARING DA lie or 4/l~I06 Exhibit C: Required Findings from UDC (Variance) The City Council shalf apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 1 1-5B-4.E of the UDC to review the varian,'e request. 1" order to grant Il varianc". th" Cormdlshalf mak" thefollowingfindings; A. The variance shaD not grant a right or special privilege that is not otherwise allowed in the district: Ie 1k8 City ('a_ail gF8DI91k_ aBBUS "sial ta };lagl.. R..aa'!';H5S. it '!:a..ld gFliRt 11 Fight tlol>t is llliR8Rlly flfaltil~i.ed liat Bnly in tll.e C C !i!eRe lltlt fer aU new dl'!.dsfl"'_ aaja68lit Ie elate ltigil.ways '}:he 8pIllisaRt alls ee8ft eelielitisReEl Ie Ilre...iele a el'e&S aBe~nl1 fFBRtage reaa B)'Bte",- Ie whish tRey have agf8ea \l. itk IRe Flalm!Rg CelfuMssien findings ((ir the flnljeel 8J!Jlfe'.'al. Tke apl"lieant h;;ts more IheR llBG feel -r:itli twe eBflReetiens ts {Joliek Read, t.....e l"eims Bf llfellS sa"_55 te the ~a9~, t'l:a "sints sRe . n te tile 3Sl:Ith end SHe I'mb!i" fsad Shih tB :\11"6 Way Ie llie Bast witt willek Ie aesign IRIilliflle assess l"eiRte and l()lee l"velie Iltreet 8SSllllB liS She'lJfi ''.'ita tll.e 23 R.. aeres af allH"'lati6R ill. 211ilt The fellaJ\ lag \IDe s!!lieM 8.!ll~l;.L.t hs B.lat: H\J55 sf e1ii5ting ~r8adu! SHall bl... sllewed Is salttiHlie l"f8\ ided thaI IRe [allawifig selHlitiena an HlSt: I, T~ _..:.Illl& \lee i5 Ill.. fuI ,...e1 prall_A) flemliKej e",eeti "!;_"I~!>l\'.r 13, 2005, Fits IISB!' BJIi the sU!,1-$'!: site ,~a.t} "81l;8~:1'1 81iJ3&i. J. The ft&htre Bfthf. tin! Elsea !let .e1l6...~ ('8' !U!..l.&1"'le A F8sisefltial 'liS.! 18 B. (13fllnl.~rei.fi.l \i5~). 'Ris /JeHU'e eflhe .!life wil! ehalige}i<e'iI AWieIl1w,oa( IOJ C8mRlel'liii.~1 3, Tlu. tt1l8!15Hy afthe 1:ise sa=.; ftat mereass (fe..f .msHlJilll!! M ill.!J~1::i~ iu LIlt:! UtllnBI,.1f liE re9idaalial d','eYiB! lillite sr &II iBsfs8ee iR lhe ell.ll6fS restage af s8Hlfflereialel"aee)" The jllleilgi~' s{tb aile wifl ine'<(!tff:s/'I3R1} si1lf:le fa'fliI~ J'6iliEle/irs 811 lIgi iel'/I!I"lfl gJ08Hlla t6 81'el 25(2, (J(J(J 3.JH6. e je~lll/ 3619'J91UBia! lll~ilfiiltgs. lfie seaRsH dees HBt Hilil lkat tlls FsEtYeat is sl'lfisiatSRt with tile lIDC seetiall9 Whi6h al"l"I~ fa this Bite. SestiBfi II JII ~ sf Ike l..J;Q{: sees SIBls l8al lIle City Cal!Reil amy sBFlsia~f liRa allfll)' medisaatiSflfi Ie tts stilBdanle sf .\Riele II UIl8R BJleeifi.e fOSe:mffl8ntltltieR sf i6e lTD. Ue'1l8':et, Ie staFf'e lifts" lsdgs, fie slisH reu_eaaalisli Has Bees Ilre\'ided te date. The Council finds that this variance will nOI llTant a snecial riwt or Drivilelle. B..cause so much of Eal!le Road has develoned with many access ooints. the adoDted Code has the effect of Denalizinl! Dronenies Ihat are now trvine. to deyeloD alolll! Ih" corridor, The CQuncil sUDDO!1s considerine. each Dronosal for access to Eae.le Road on a case-by-ease basis 10 evaluate Ihis flndin\!. B. The variance relieves an undue hardship because of characteristics of the site; Ce\lfleillitl.lIs tll.efe are He l"ll.YStSlH sbafaellwisties Belke sile wbielllilelil8ftB ll6ees31leials ~e aeelltFlistell Ihat ara aa)' IflElr8 lIJ\ili1l.8 er lliffereJtt tltaR elher }'Ire}'laFti8~ alAR); ""agls 1had/EIl,H, F"f enaRlflle, theFe ale RR lfIajRr 8"....1. Bf ditsHes '~'hiHh l'FlW8n( llHH~:": 10 UsUal, Resa, The ~eet l"f'el"eRj" has Be Bafflers Ie eennestiag lBIll\iflle assess l'si!lts ta Vetil'll, Reaa as llIIJIf8vesllr }..c:IIQ, Eea:lerslHigatieli Di91riel Vlelihl allew tlte Bfljllieillll tB S8'. Sf Ike Milk Lat8flll ifre'lIUISllllll fBr a eanal srBBsillg, Merid;8" Gateway Variance Application Exhibit C P"l!e I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 3, 2007 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPOR.T FOR HEARTh'G DATE OF 4/18106 Gl'afttiag 11Ie jlrepasaa aellesa paiftt may relie. e S8Me tfafHe eeRge.tian witlli" the 5jte lleaaH<l8 setilfi4leliRQlfefae ell Iillj!;1e ReailiEII!i!i elllillll:lt 118 fereee te tflli'al saM Ie Uatisl. Rafts Ie gellbrellga llle EaglelUsliell HKeflleelies, _iyers seidEl pelelllially make a ~8e Figltl ellt tllm and ffierge ~"ith lfafae, BS" e, BF H1efgiag traFfis slairs !Iewn the Raw Af tTlMMe 'vhiell 15 Illlilllfls1l811 fRr SR allllitiallal ] Q !Rile "'hisa . ill R1Ftlll'lI l.....'" reEltielians in spesd ell ~agle RaaEl. flllthel'HlBrB. tRe H-ee Figkt efltisA is uel til:ld te a fl~'Bieal elull'fI8leFisli.a eftfie site. dusll ie )"/BIlt IlIis Hfldiag rell.llire5. In i1dditiell. Wliell eell81ftletien \ljlgfades eft Ustiek !WaEl ellst efHll.gle ReaaaFe GOlJlfllete, a FigRI haRa ItHB ell Ie :Eagle Red ii'eHl ~e sl!l:ljeet jilrSjilel'fy skelllEl Be relllti\'e~' siffiflltl '''ilk liMle eF Be staeleiag fer RefiRe E tlBalMliBe, II aaRllallee iatllFGlletien, aaa Illllltiflle tIlfiliRg laBel! far aeRhlle W'ld tfiliBe. . I.eeess Ie Ihe site iR the tUlIIF8 "llill be rsaaily It\'ailalil!e far sellthbellflrl lI'atlle at River Valley Drive whieh will Be a 6igHali;:Olila illteFSeetiElR, this tfafHe Raw will thoo eeatinlle sa\lth iftt"_II11y lI!'ld relia\e additienallFliffie presse,es en Bagle Raila. AClID lfllI)_ 911i1d the Allye W~ etllUlll6tiall if Ellleeseive aeeles" jleiab Ie eagle ReaEl. llolllfleEe with tile ifttemal ealleSler rellel s)'SllltR. A fundamental phvsical feature of Commercial development is access to the propertv_ The proiect does have frontal!e on Ustick Road. but traffic vohulles 011 Ustick may onlv allow ri2ht-in turns. Until the Una Mas property and Allvs Way are developed, 1hi.s. leaves limited access to the Dropertv. The Council finds that approved right-in. right-out access points will limit the safelY COncerns and traffic impacts whil.c;:_ prElvidin!! access to the site and relieve an undue hardship_ C. The varillllce shan not be detriment>1l to tbe public bealtb, safely, aod wclfal-e. CellBeil alias t:Rat grallting tlia l'i.gkt iBlFigkt But "'ilft left il\ ejiltielllleeeSS peilll~ III Eagle RllllEligUH IUI! lk~ jllll~llial..f ill&r~H.;Il!'; IriOFfi.. e"ml;e's a... Ie ,1.. i......ll.a<l nwal.ar ef ':eRides that v'iIllleed Ie Merge wi~ uiotiftg selllhllSllRd tfilFfie alld by ere~~iag twe Ill:IlBS eftfllffie Ie "Iller tBe site. CfllJItiag: a fal.l Hle\'elfteHlIlSGBaS BS relj..eolail. ll~, tae (;emFBissieB RiIlIlRe IlEloiiliell&1 jileuBlill1 eenfliet ef adaillg velHeltr.; 18 tile eBRter tllfJl lillie, alien aeeess dees Bel seHlflly witli tile 1i:ll!!le Rella Ceffi.dar shld7'. aaa saell.llG<:eos slews IfIlfAe 8pee WHere !It. lltJ eel! limit is ~~ ffiiles per kellf. A ,'ehisle geing 55 miles fler kstH" ",m tfai'el E9,6Elj feet Blleli seseae, as Iln site is enly 1.359 feet leag, il W6lllS flIke a Il6~B BelIBel i'smele i1flflFeJ[iBllllely 15 aeeellels te ee' 'er tlle BRtire le!lg!B ef Ike ee"eleflHlelM Bera \ emelee "'elfld ae R.ergiftg ill fflliltiple lallS. If iI seatllr ll'Ieil.ian .6 eeaslrlletea B8 akewa eft IIillMllgle Read CeR'iaer BfI1~, a flel'HlBllllHt bllH'i.er will eJlistllt lae leSilli!l1l. !lfthe reijlleeted aaeeos "'hielt aeea 118' sllew 8ft aeeeleflltien'eeetllenHiell lalle fer lfHBe aeellB8mg tlie sile. We rllSeHlHleaa IIie H.FidiaH Fire and PeliGe D9jJil.l:tm81H8 flf8i.;de nnllfker t8Rti'FlU1Rr Al'1 tRl!l l!iA'tle. A full access intersection creates :?;! Dotential conflict points. A right-in. right-out ocly wjth center medillDs limits the nmentis) contlict noints 10 four. The apolicsnt nronoses to miti2ate these four conflict points bv providing adeauate accelemtion and deceleration lanes. The Council fmds that approved right-in. ri2ht.out access points will limit the safety cOllcerns on the site and will not be detrimental to the public health, safelV. al}Q welfare oflhe comWlity, Meridian Gateway Varienc. Application E~hib;t C Pas. 2 CITY OF MERIDIAN PLANNING DEPARlMENT 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 11-5B-4E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following [mdings. a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: The Applicant is requesting to provide a 20-foot wide landscape buffer on this site, where 35-feet is required. In addition to the 20 feet of the Applicant's property proposed for landscaping, up to 26 feet of ITD right-of-way will also be landscaped by the Applicant. Staff is generally supportive of this request. If the Applicant provides, at minimum, a 20-foot wide landscape buffer on their property and landscapes the "surplus" right-of-way, the Council finds that a special privilege will not be granted to the Applicant. NOTE: The UDC (11-3H-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 ITD 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.