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HomeMy WebLinkAboutParamount Commercial Southwest PP-07-011 MI-07-007CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~. i~1VL~i~l~11 -~ - d io.~HO 3' ~~ In the matter of the request for Preliminary Plat approval of 18 commercial building lots on 18.5 acres in a C-G zone and Development Agreement modification to remove the conditional use permit requirement and require design review approval instead for all commercial development in the C-G & L-O zones Case No(s). PP-07-011 & MI-07-007 For the City Council Hearing Dates of: August 14, September 4, & September 11, 2007 (Findings on the September 25, 2007 City Council agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of September 11, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 11, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 11, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 11, 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 (LC. §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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-O1 l & MI-07-.007 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of September 11, 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 § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The Applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat stamped and dated by Darin Holzhey on September 5, 2007, is hereby conditionally approved; 2. The Applicant's request for a modification to the Development Agreement is hereby conditionally approved; and 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of September 11, 2007, incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-O11 & MI-07-007 -2- exceed eighteen (18) months. Additional tune extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 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 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 maybe 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 affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of September 11, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-011 & MI-07-007 -3- B action of the City Council at its regular meeting held on the 2S~'% da of Y 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: G. Berg, Jr., City Copy served upon Applicant, Attorney. VOTED O~o~~~ VOTED__~~~GL~ VOTED__~~l~`~ VOTED__Zy~ VOTED \\\\\\1V~~mn~T ~ ~~~de Weerd ~'" ~ T~ 0 ~~~ erk , v ~' ,, ~ \~~. The Pl~arif4ti ~e ~`nt, Public Works Department and City B Dated: q-2(~.Q-] City Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-O11 & MI-07-007 -4- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 1 I, 2007 STAFF REPORT Hearing Date: September 11, 2007 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Paramount Commercial Southwest • PP-07-011 1 •. e Io~~rto ~" r; Y Preliminary Plat for 18 commercial building lots on 18.5 acres in a C-G zone • MI-07-007 Development Agreement modification to remove the conditional use permit requirement and require design review approval instead for all commercial development in the C-G and L-O zones Update: The City Council originally heard this item on August 14`". At that meeting, the Council requested that the Applicant submit a revised preliminary plat that shows street connections that match the concept plan. The Council's general concerns were that the concept plan, the plat, and ACHD's requirements did not coincide. The Applicant has submitted a revised preliminary plat prepared by Mason & Stanfield, stamped and dated on August 31, 2007 by Darin Holzey. Staff has reviewed the revised plat, which now depicts a public street extending into the site from the stub street at the east property boundary from Paramount South 60 Subdivision and connecting with Linder Road in alignment with W. Deer Crest Street at the west boundary, as requested by the Planning Department. Further, the northernmost right turn only access, originally proposed between the two full-access points on Linder Road, has been removed, per the Planning Department and ACHD's request (the Planning Commission modified condition 1.2.3 to allow this right-in/right-out on Linder-this condition should be modified to reflect the current access points shown on the revised plat). The revised preliminary plat shows anorth/south driveway located near the east property line. The Applicant should revise the plat to depict the north/south driveway to connect to W. Deer Crest Street as a private street Staff believes that this access should be a private street for addressing purposes of the internal lots. This private street should be shown on the plat as either a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties (condition 1.2.9 in Exhibit B of this staff report should be modified as follows: "The Applicant shall extend the stub street at the east boundary from Paramount South 60 Subdivision, as a public street to align with ei~ke>~ Deer Crest ~ "~^°-- ~'r~~~- r._ * at the west property boundary. "i'~L tl[her A north-south private street shall be constructed as a private streets in accordance with the standards listed in UDC 11-3F-4 and shall connect to McMillan Road from W. Deer Creek Street. Submit a private street application for review and approval prior to or concurrent with final plat submittal. (The other drivewavs in this development may be constructed as drivewavs and are not required to be constructed as public or private streets )" Except for the analysis above and including the revised preliminary plat to Exhibit A, this staff report has not been modified from the previous hearing. SUMMARY DESCRIPTION OF APPLICANT'S REQiJEST The applicant, Usticlc Marketplace, LLC, has applied for Preliminary Plat (PP) approval of 18 commercial building lots on 18.5 acres in a C-G zone for Paramount Commercial Southwest. Concurrently, the applicant is requesting approval to amend the Development Agreement to remove the conditional use pernut requirement and require design review approval instead for all commercial Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 development in the C-G zone. The site is located on the northeast corner of N. Linder Road and W. McMillan Road, in the southwest '/o of Section 25, Township 4 North, Range 1 West. This property is currently referenced as Assessor's Parcel Numbers 50425336087 & 504253360409. This property is within the City's Urban Service Planning Area and is currently within the corporate boundaries of the City. 2. SUMMARY RECOMMENDATION The subject applications (PP-07-011 & MI-07-007) were submitted to the Planning Department for concurrent review.:Staff has provided a detailed analysis and recommended conditions of approval for the PP & MI applications. Staff is recommending that the PP & MI applications be approved with the conditions listed in Exhibit B of the staff report. Note: The Commission is not required to act on the Development Agreement modification request (MI--07-007). The Meridian Plannin & Zoning Commission heard the PP request on July 5 2007 At the public hearing they moved to recommend approval of the subject PP request. a. Summary of Commission Public Hearing• i. In favor: Michael Marcheschi & Jav Walker Brighton Corporation (Applicants); Scott Stanfield Project Engineer ii. In opposition: None iii. Commenting: Brad Moulton• James Durst iv. Written testimony: None v. Staff presenting application• Sonya Watters vi. Other staff commenting on application• Caleb Hood Scott Steckline b. Kev Issue(s) of Discussion by Commission• i. The inconsistency between the proposed preliminary plat and conceptual site lap ii. The. extension of the stub street as a ublic street from the east roe line to the west property line• iii. Proposed access points to Linder & McMillan/ACHD approval of access points comments were not received from ACRD prior to the hearing) c. Kev Commission Change(sl to Staff Recommendation• >I. Allow northern right-in/right-out access point proposed on Linder Road d. Outstanding Issue(s) for C~tv Council• i. ACRD did not approve the northern right-in/right-out access point proposed on Linder Road (ACRD comments are now included in the staff report) ~tV Council hParrl theca :fnmo .. A. ..a , e o__~___. lic bearin on nt tuber 11.2007 hey annrov d c~ hied PP and n;I ~.. ii. Paramount Commercial Southwest PP-07-O1 1 & MI-07-007 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 f eV O ~nril C hanvee to C+~ ff/!".,. .,..,;~ ..;,.., n,.,...W~__~_`__ i. mend condition 1 2 9 O allOW twn Cnnrant plane 11. ~ Con cept Plan "A ?' is - fnlln -- werl__ttip north/enut6 ..r;i,n+e ~~..,,,.a ..~.,.n _ ~ L_ -- - - - 1GGL J~~al~ ~ r_eauire d as depicted m Pl an "A IJ "lmndifv cnnrl:±~n.. ~ 2 4 ~rrnrrl:or.l.,l. ,...a iii. ifv condition 1_ 2. to r .fl .c t the ac pointc choWn on her ~^c d p1 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number PP-07-011 as presented in the staff report for the hearing date of August 14, 2007, 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 PP-07-011 as presented during the hearing on August 14, 2007, for the following reasons: (State specific reasons for denial of the preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number PP-07- O11 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Northeast corner of N. Linder Road & W. McMillan Road SW '/ of Section 25, Township 4 North, Range 1 West Tax Parcel: SO425336087 & 50425336040 b. Applicant: Ustick Marketplace, LLC 12601 W. Explorer Drive, Ste. 200 Boise, ID 83713 c. Owners: Same as Applicant; and Jan Peterson 5120 N. Linder Road Meridian, ID 83646 d. Representative: Michael Marcheschi, Brighton Corporation e. Present Zoning: C-G (General Retail and Service Commercial District) f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: The applicant is requesting preliminary plat approval for 18 commercial building lots on 18.5 acres of land in a C-G zone. Concurrently, the Applicant is requesting a modification to the existing Development Agreement (DA) that required all future commercial, townhouse, and multi-family uses to obtain CUP approval prior to development. The Paramount Commercial Southwest PP-07-01 1 & MI-07-007 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 Applicant proposes to amend the DA to remove the CUP requirement for all commercial development in the C-G zone and replace it with a requirement for all commercial development to be subject to Design Review by Planning staff instead. Another option for the modification would be to allow for Design Review of proposed buildings if they were smaller than 50,000 square feet and anything over that size would require a CUP for site plan review only and not for permitted uses. (See Applicant's narrative submitted with the application for more information.) 1. Preliminary Plat, labeled Sheet 1 of 1, prepared by Mason & Stanfield, Inc., dated 4/12/07 (attached in Exhibit A) 2. Landscape Plan, labeled Sheets L1.0, L1.1, & L1.2, prepared by The Land Group, dated 4/13/07 (attached in Exhibit A) h. Applicant's Statement/Justification: The Design Review process would allow a more relevant and efficient evaluation of each proposed commerciaUretaiUoffice building in the development. Under the current CUP requirements, the Owner/Developer would be required to either, 1) know all the potential users and designs of all buildings and layout in a development before applying for a CUP (almost impossible in commercial development) or 2) apply for a CUP for each and every building, one by one (very inefficient and demanding of City staff and officials). By approving a modification to the DA that would allow Design Review approval instead of CUP approval, the intended objective of both processes would be met but with greater effectiveness and savings in time and resources for all parties involved. (See Applicant's narrative submitted with the application for more information.) 5. PROCESS FACTS a. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Commission and City Council on this matter. b. The subject application will, in fact, constitute a development agreement modification. Miscellaneous applications are not currently addressed in Title 11 of the Unified Development Code. It has been determined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will in fact require a public hearing before the City Council. c. Newspaper notifications published on: June 18, 2007 and July 2, 2007 (Commission); July 23. 2007 & August 6 2007 (Council) d. Radius notices mailed to properties within 300 feet on: June 12, 2007 (Commission); July 19, 2007 (Council) e. Applicant posted notice on site by: June 22, 2007 (Commission); August 5, 2007 (Council 6. LAND USE a. Existing Land Use(s): There is currently a residential home and associated outbuildings on the site. b. Description of Character of Surrounding Area: There are existing single-farruly homes in Fulfer Subdivision to the west, and rural residential properties to the north and east of this development. A commercial development has been approved as part of Fulfer Subdivision across the street on the northwest corner of Linder and McMillan. The rural residential property to the east will be redeveloped with single-family residential homes at urban densities as part of Paramount South 60 Subdivision. c. Adjacent Land Use and Zoning: Paramount Commercial Southwest PP-07-01 1 & MI-07-007 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 1 I, 2007 1. North: Rural residential property, zoned RUT (Ada County) and high school (under construction), zoned R-8 2. East: Approved for single-family residences (Paramount South 60 Subdivision), zoned R-8 3. South: Rural residential property, zoned RUT (Ada County) 4. West: Single-family residential homes & future commercial uses, zoned C-G d. History of Previous Actions: • This property was annexed as part of Paramount Subdivision in 2004 (AZ-03-006). A Development Agreement (Instrument No. 103137116) was also recorded at that time that included the subject property. • This property was included in the preliminary plat (PP-03-004) for Paramount Subdivision as Lot 57, Block 3 that was approved in 2003. • This property was included in the planned development (CUP-03-008) for Paramount Subdivision that was approved in 2003. This property was designated on the conceptual site plan for retal/office uses. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This property will service to the existing sewer in Paramount South 60. Location of water: Water for this project will be provided from N. Linder Road and W. McMillan Road. Issues or concerns: The applicant shall be responsible for water main installation from W. McMillan Road to the intersection of N. Linder Road. 2. Vegetation: There are some existing trees around the home at the northwest corner of property. 3. Floodplain: NA 4. Canals/Ditches/Irrigation: No major facilities are located on this site, however all ditches on this property shall be tiled per City Code (see Exhibit B of the staff report). 5. Hazards: Planning Staff is unaware of any hazards that may exist on this site. 6. Proposed Zoning: NA 7. Size of Property: 18.5 +/- acres f. Subdivision Plat Information: 1. Residential Lots: 0 2. Non-residential Lots: 18 3. Total Building Lots: 18 4. Common Lots: 0 5. Other Lots: 0 6. Total Lots: 18 7. Open Lots: 0 8. Residential Area: NA Pazamount Commercial Southwest PP-07-011 & MI-07-007 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 9. Gross Density: NA 10. Lot Sizes: Lots range in size from 27,800 square feet (0.63 acre) to 72,000+/- square feet (1.65 acres) g. Landscaping: 1. Width of street buffer(s): UDC 11-2B-3 requires a minimum 25-foot wide buffer along N. Linder Road and a minimum 25-foot wide along W. McMillan Road. Landscaping shall be provided in accordance with UDC 11-3B-7, Landscape Buffers along Streets. 2. Width of buffer(s) between land uses: A 25-foot wide buffer is required along the east and north boundary of the subdivision adjacent to the existing and previously approved residential uses. 3. Percentage of site as open space: NA '4. Other landscaping standards: NA h. Dimensional standards for the C-G zone per UDC 11-2B-3: DIMENSIONAL STANDARDS* C-G Front setback (in feet) p Rear setback (in feet) 0 Interior side setback (in feet) 0 Street landsca e buffer (in feet) Local 10 Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Landscape buffer to residential uses (in feet) * 25 Maximum building height (in feet) 65 Maximum building size without design standard approval as set forth in 11-3A-19 (in square feet) 200,000 Parking requirements See Chapter 3 Article C OFF-STREET PARKING AND LOADING REQUIREMENTS Landscaping requirements See Chapter 3 Article B LANDSCAPING REQUIREMENTS *All setbacks shall be measured from the ultimate right-of--way for the street classification as shown on the adopted Transportation Plan. **minimum setback only allowed with reuse of existing residential structure. ***Where the adjacent property is vacant, the Director shall determine the adjacent property designation based on the Comprehensive Plan designation. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this development is proposed from six points; four points (two full accesses and two right-in/right-out accesses) along N. Linder Road and from two points (one full access and one right-in/right-out) along W. McMillan Road. The Applicant has provided a conceptual layout of potential interior Paramount Commercial Southwest PP-07-01 I & MI-07-007 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 roadways and areas designated for retail, commercial, office, and multi-family residential uses (see Exhibit A). The conceptual site plan depicts a driveway connection to the stub street at the east property boundary (Paramount South 60). The Applicant states in their narrative that it may be possible to provide for a public roadway extending to N. Linder Road and aligning with either W. Deer Crest Street or W. Apgar Street. An internal cross-access/cross-parking agreement should be provided for all lots within the subdivision. The Planning Department and ACRD are supportive of the proposed access points except for the northern right-in/right-out access on Linder Road. Staff and ACRD are requesting that the Applicant provide a minimum of one public street connection from the stub street at the east property boundary, out to and aligning with either Deer Crest or Apgar Creek Street. The other driveways shown on the conceptual site plan should be constructed as private streets for addressing purposes. The aforementioned requests are included as conditions of approval in Exhibit B of the staff report. Other than the access points approved with this application by the City and ACRD, direct lot access to N. Linder Road and W. McMillan Road should be prohibited. 7. COMMENTS MEETING On June15, 2007, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands in the following manner.• - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resources and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIIVG DATE OF SEPTEMBER 11, 2007 Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action 4) The applicant is required to install and maintain landscaping within the street buffers located along N. Linder Road and W. McMillan Road in accordance with UDC 11-3B-7. A 25 foot wide buffer is required along N. Linder Road and W. McMillan Road. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the future commercial, retail, and multi family uses on this site will contribute to the variety of uses in this area. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) The applicant is not required to install internal landscaping with the subject preliminary plat .application; however, street buffer landscaping is required with this application. Internal landscaping will be required upon development of each lot within the subdivision with CUP & CZC approval. Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application: • "The capacity of arterial ...roadways can be greatly diminished by excessive driveway connections. to the roadways. The City should cooperate with ACRD to minimize access points on arterial...roadways as development applications are reviewed." (Chapter VI, page 72) The applicant is proposing six access points into this 18 acre site. The conceptual site plan shows two full access points and two right-in/right-out accesses to Linder Road and one right-in/right out access and one full access to McMillan Road; Staff is requesting that the northern right-in/right-out proposed to Linder Road be eliminated to minimize access points to the adjacent arterial roadway. • "Develop methods; such as cross-access agreements, frontage roads, to reduce the number of existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79). Because not all lots have frontage on a public street, Staff is requesting that cross-access be provided to all lots within this subdivision. • "Restrict curb cuts and access points on ...arterial streets." (Chapter VII, Goal IV, Obj. D, #5, page 107) Curb cuts to Linder Road and McMillan Road, both arterial roadways, should be restricted to those access points noted above and in the conditions of approval in Exhibit B of this report. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC Table 11-2B-2 lists a variety of uses that are principal permitted, accessory, conditional, or prohibited within the C-G zoning district. Retail sales are a principal permitted use; offices are a principal permitted use; and multi-farruly developments are Paramount Commercial Southwest PP-07-011 & MI-07-007 Page g CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 a conditional use in the C-G zone. Multi-family developments are subject to the Specific Use Standards listed in UDC 11-4-3-27. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. C-G General Retail And 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 which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the municipal water and sewer systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. Structures subject to Design Standards: Structures that exceed the maximum building size of 200,000 square feet in the C-G zone are subject to the design standards listed in UDC 11-3A-19C. Additionally, the applicant is requesting to amend the recorded Development Agreement for this site to require design review approval, instead of CUP approval, for all commercial development in the C-G zone at Paramount. If the Applicant's request is approved, the afore-mentioned design standards will apply to all commercial development in Paramount, regardless of the size of the building. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, Staff believes that this is a good location for the proposed commercial subdivision. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Dimensional Requirements of the C-G zone per UDC Table 11-2B-3: There are no minimum setbacks, lot size, or street frontage requirements for lots in the C-G zone. Proposed lot sizes range from 27,800 square feet (0.63 acre) to 72,000+/- square feet (1.65 acres). The maximum building height allowed in the C-G zone is 65 feet. The maximum building size allowed without design standard approval is 200,000 square feet. Future buildings proposed on the subject lots shall meet the minimum dimensional standards listed in UDC 11-2B-3 and #6h above. Landscaping: The landscape plan submitted for this project, prepared by The Land Group, labeled Sheets L1.0, L1.1, & L1.2, dated 4/13/07, is approved subject to the following revisions/notes: • Provide a minimum 25-foot wide landscape buffer along N. Linder Road & W. McMillan Road as shown on the landscape plan in accordance with the standards listed in UDC 11- 3B-7, Landscape Buffers along Streets. • Provide a minimum 25-foot wide landscape buffer along the north & east property boundaries adjacent to residential uses as shown on the landscape plan in accordance with the standards listed in UDC 11-3B-9, Landscape Buffers to Adjoining Uses. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B- 14. • Comply with the standards in UDC 11-3B-lOC for preservation of existing trees on site as follows: - Mitigation shall be required for all existing trees four-inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10-inch caliper trees removed may be mitigated with four (4) 5-inch caliper trees, five (5) fl- inch caliper trees, or seven (7) 3-inch caliper trees.) - No mitigation is required in the following: (i) existing prohibited trees within the street buffer or parking lot; (ii) existing dead, dying, or hazard trees certified prior to removal by the City of Meridian Parks Department arborist; (iii) trees that are required to be removed by another governmental agency having jurisdiction over the project. - Required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Proposed Streets and/or Access: Access to this development is proposed from six points; four points (two full accesses and two right-in/right-out accesses) along N. Linder Road and from two points (one full access and one right-in/right-out) along W. McMillan Road. The Applicant has provided a conceptual layout of potential interior roadways and zones designated for retail, commercial, office, and multi-family residential uses (see Exhibit A). The conceptual site plan depicts a driveway connection to the stub street at the east property boundary (Paramount South 60). The Applicant states in their narrative that it may be possible to provide for a public roadway extending to N. Linder Road and aligning with either W. Deer Crest Street or W. Apgar Street. An internal cross-access/cross-parking agreement should be provided for all lots within the subdivision. The Plaruung Department and ACRD are supportive of the proposed access points except for the northern right-in/right-out access on Linder Road, which should be removed. Staff and ACHD are requesting that the Applicant provide a minimum of one public street connection from the stub street at the east property boundary in Paramount South 60 Subdivision and aligning with either Deer Crest or Apgar Creek Street to the west. Further, the proposed driveways shown on the conceptual site plan should be constructed as private streets for addressing purposes except for the afore-mentioned public street. These requests are included as conditions of approval in Exhibit B of the staff report. ACHD has submitted comments on this application and they are included in Exhibit B of the staff report. Other than the access points approved with this application by the City and ACHD, direct lot access to N. Linder Road and W. McMillan Road should be prohibited. Private Streets: The applicant is not proposing private streets within this development. However, Staff is requesting that the proposed driveway on W. McMillan Road shown on the concept plan be constructed and designed as a private street for addressing purposes. Additionally, the driveway on N. Linder Road shown on the concept plan that is not constructed as a public street should be designed and constructed as a private street. The Applicant should submit a Private Street application to the Planning Department for staff level approval prior to submittal of Paramount Commercial Southwest PP-07-01 1 & MI-07-007 Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 1 1, 2007 the final plat application (see condition of approval in Exhibit B). Per UDC 11-3F-4, all private streets shall be designed and constructed to the following standards: A. Design standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. 3. Emergency vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction standards: 1. For conversion of an existing facility to a private street at the direction of the Fire Marshal: a. All drive aisles shall be posted as fire lanes with no parking allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer. b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as determined by the Fire Marshal relative to the height and size of the proposed structures that adjoin the private street. c. Sidewalks: Afive-foot (5') attached sidewalk or four-foot (4') detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. d. Fire lanes: ali drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. Elevations: The Applicant has included several examples of architectural details and existing buildings in Paramount that may be used in this commercial development (see Exhibit A of the staff report). The Applicant states in the narrative that earth-tone colors, timber, cultured stone, and roof pitches are examples of some of the architectural elements that will be used and which are consistent with the existing Paramount buildings and facilities. Further, the Applicant states that strict architectural design guidelines and CC&R's will govern the development of each parcel to ensure compatibility with the Paramount design theme. Staff has reviewed the details submitted with this application and is supportive of the conceptual elevations submitted and building materials listed as they are consistent with the existing Paramount development. Future, future buildings within Paramount Commercial Southwest shall substantially comply with the construction materials and design elements listed and shown in the elevations attached in Exhibit A. If the subject DA amendment request is approved, all future commercial structures within Paramount Commercial Southwest shall comply with the design standards listed in UDC 11-3A- Paramount Commercial Southwest PP-07-O1 I & MI-07-007 Page 1 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 19C (Design Review). Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. 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, asingle- point connection to the culinary water system shall 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 fmal 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 UDC 11-3A-15 and MCC 9-1-28. Fencing: The Applicant is not showing any fencing on any of the submitted plans. Permanent fencing is not required for commercial subdivisions. However, 6-foot tall cedar perimeter fencing is proposed to be constructed along the east property boundary with Paramount South 60 Subdivision. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Future Uses: Per the recorded DA, detailed CUP approval is required prior to development of any of the office/retaiUmulti-family housing within Paramount Subdivision. If the subject DA modification request is approved, the afore-mentioned requirement will not apply to future commercial uses (office/retail) and instead, commercial buildings will be required to obtain design review approval, per the standards listed in UDC 11-3A-19C. Certificate of Zoning Compliance: The Applicant shall be responsible to obtain a CZC permit from the Planning Department for all new construction or a change in use on the site prior to issuance of building and/or occupancy permits (NOTE: The multi-family shown on the concept plan requires CUP approval.) DEVELOPMENT AGREEMENT (DA) MODIFICATION ANALYSIS: The applicant is requesting approval to amend the Development Agreement to remove the conditional use permit requirement and require design review approval instead for all commercial development in the C- Gzone. After speaking with the Applicant, Staff is recommending that the CUP requirement also be removed for all commercial uses in the L-O zone and require design review approval instead, as with the C-G zone. The Applicant is in agreement with Staff's proposal. Additionally, the subject property was previously approved for retaiUoffice uses as shown on the PD concept plan approved with CUP-03-008 and reflected in the DA, not multi-family uses as shown on the concept plan submitted with this application. If the Applicant intends to construct residential uses on this property in the future, a DA modification will be necessary to amend the total number of residential units planned for the Paramount development. The DA (Inst. No. 103137116) for this development is proposed to be modified as follows: 6A.3. (Page 5) "A Development Agreement shall be entered into between the Developer and the City of Meridian that will require, among other conditions, that all future Eeier~in~ townhouse, and multi-family uses obtain conditional use permit approval prior to development, the construction of the multi-use pathway, and limiting Lots 1-13, Block 32; Lots 1-12, Block 33; Lots 1-12, Block 34; and Lots 1-13, Block 35 to attached and townhouse construction only and limiting Lots 1-13, Block 30; Lots 1-2, Block 31; Lots 1-12, Block 36; and Lots 1-13, Block 37 to one dwelling per lot. All commercial uses in the C-G and L-O zones shall obtain desi n review approval in accordance with design standards in effect at the time of development " Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 Because there were no design standards in effect when this property was annexed and the DA was recorded, a CiIP was necessary for detailed approval of the site and buildings. Requiring all commercial uses in the C-G and L-0 zones to comply with design standards at the time of Certificate of Zoning Compliance application will satisfy the intent of the DA requirement. For this reason, Staff is in support of the proposed modification to the Development Agreement. b. Staff Recommendation: Based on the above analysis, Staff is recommending that the PP & MI applications be approved with the conditions listed in Exhibit B of the staff report. Note.• The Commission is not required act on the Development Agreement modification request (MI-07- 007). The Meridian Planning & Zoning Commission heard the PP request on July 5 2007 At the public hearing they moved to recommend approval of the subiect PP request T]i~ Meridian .1tV Council heard +hPCP ,tame n.. A„ ..~ ,A Q..-.a..~L__ A ,~ ~. ~ L , _ ~ nuu ~ r ^ ~ be public h arin on n emb r 11 2007 they annrnve~ +he e„h:Prt PP ~»rl 11. EXHIBITS A. Drawings 1. Zoning/Vicinity Map 2. Preliminary Plat, prepared by Mason & Stanfield, Inc., labeled Sheet 1 of 1, stamped and dated 7 on ~g ~ptember S 2007 by Darin Holzhey 3. Landscape Plan, prepared by The Land Group, labeled Sheets L1.0, L1.1, & L1.2, dated 4/13/07 4. Conceptual Site Plan 5. Conceptual Building Elevations & Architectural Details 6. Paramount Master Plan B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department Paramount Commercial Southwest PP-07-011 & MI-07-007 Page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 A. Drawings 1. Zorung/Vicinity Map Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 11, 2007 2. Preliminary Plat (R_F.VISED - ctamn •~ a~~ c.onnA hlY n„Y• .. II..l..l,,.. - - ~ nn Q/G/f17~ ® e. `+`, I E :flail' 9r'~4 ~ i~~ l~lo Ye ~ ~P.,, Lam„ ~„I~; . PRE4HINARY PLAT OE PARAMOUM COMhffRC7Al 60U/IIfYES1 SUBOMSIOH A PART Of IHESW i ~: SECIIW TS ,T. q M,'R. i W &4., AOA COUNN IOAMO 2(10] ~S~ I •-N I --~ ~I II ~4 '~ ~cl. oaaaLR,v~~. eLi._;~.~ _.I ~~~ FL OHO DATA el 5~Y NY I b020Y. 10500].10' Re.avO'o1 SawY n 1. Na 102WY500 o 'SrvwY NFL 0!02000] ,. tY IOpN-NY1. pa. 10000>pJ] ~~ _y _ ~ ~~ 1'c ..: I I a .e @J_.J I I 1 LEOFJVO B _ D o e :; a °` o a:..~, m ® - 0 ----- thus un ~•• - ue1A e~ N YpsW..rrr1. ~___~_ ~~w.wrn ~._._ ~~ r --•- OAP+im - Aysw.Orr 4.. ..eF~ w~ ~Onm_mr ~~ ai~°~° Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 1 1, 2007 3. Landscape Plan PR!)wDED ro C : ~ O I ~ Actro ~ ~ ~ t~~ I I m. o " ~. ~ I aav.uJr 18 ~,I~ ~~ rv 1$ N .ice 02565.0 OZ _~ Q~ I ~ ~~ I ~ ~ g g 6 I I ~ (~ $' p~ 9 T ST~ I ~I ` 216.3J' ~_ - ____ m 239.66' ~~'gv~ 176.96' O ~ ~ ~° ~ Q ~~'°°'" •~ ff ~r~ Js• wroe Fuu`-access ~;. 8 ~ I . ~° ~ . i I 19 a 11 ~ 16 ~ ` 2 L~ I I I II ~ ~ I,I. I1 PROPOSED SEWER NA7N.J ` I ~ ~ '; FINAL LOCH 110N AND O ..C I J I. EASEiIf£NTS ro 8e 25' LANDSCAPE - - I, ~~ PRONDED W'17H FINAL BUFFER ~ ~ I I ______ 239.66' _ 2t6.J3' PLAT 'E~.LY it _---- f76ss• I I ~ ~ - - -. - I ~ I I ' . ._. - INTERNAL PUBLIC I - ^- ~ ~.I , J RDADWAY CONNECRON IlOp41 O I t ~ LL--JJ O I m y^t 7':; d I ieM m - ~~ 12 m F N ~ Q u.c~o~.e ----~i~-~ ---tL--- -=~- ~ --- - ~L1Z '~ - - Q I I" I 26' LANDSCAPE BUFFER I ~ k 1°TM'~ "' f k - J I 'f ~ ~ IJ. 3 ~ z W I %, v O 19 6ti..i,1,C / ~ ne~cu ~~ _ -- -1J9:66' 21&J3' 776.75' .4 M ~ 1 o ? L . ~ ~ I Ir I 3s' xvDe FULL-acrFSS. _ '^ » ' n ~ I I I 'i `v 8 N 8 ~ N ~_ t7 '~ I• , Q ~~' i I I ~ 7 ~ 216.33' f76.6Y t ® ~~ I I .1 I I I I '' ~c EXISTING WATER MAIN :-, ~ I I ..d ~ our `v 8 ~" ~ .~ 15 O I ,, ~f, :. 6 I,: QQ- ' Q~ R7p1i TURN .239.66 14 216.33' 176.67' I ~ • 14 ~Q '~ ONLY LPRIVATEl__ _ 161.85' I dw I I' -______ ___ --T ~ r . I I • I ~' SkARED uvrxrESS/ECRESS , f 13 11 I~ 1 wn ~ I 1 I Bf.OCK1 ~ ~' 4 I%4 n I ~ ' ; ~ 2 , •• I I J R/w ..I ~wDEO 70 1 i N 176.$6' c~ O 12 I ' I 38' o.. I ~ ~ I ~ ~. / -~- ' ro r ~* ~ ~ ' ~ xourg ~ ._ wDEO ro ~ iti >:~ I fo R , ' I C, _ ~, ~ f I Q Q ~PR DwDED TD F,y -Np/~t-1- ® ~ - ~ --° m N8924'33°W ~ ~' - _ _•_!6 4 '-l .OMP... ' _~_ ~ ~ 45. ~ ~ _ -- = _~ ~- ~ - ~AOOa ~ - _ - - - ._ ~- _ __Ep---__ _ ~ _ _- __ --- ---_ --•cv--. ~_ o L1.7 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 5, 2007 4. oncen ual bite Plan « ~~ - ----i------- --- i -----?UITTTTD- -r---~--• ~ ---- ~----- ~ J ~ ~ o o ~ - , ~ fHf~fU I ~ ----- nm j Q{}}~{}}}}}~{{}}}{}}~ ~ I ~ ----- ~.~ _L ~ .~ $~~ a------ ~ l ______ _ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 5, 2007 5. Conceptual Building Elevations & Architectural Details _ -- _~-_~ Possible building elevation for Lot 18, Block 1 C- ;w„ ~ ~ -- -QQ , .. P M ~~ , MAR ACY ~ FriQI'O y _ ~ ~ ~ ~ -- ~b U ~z ~ _ ~~' _ i :l ~tOn'ev'R, J CsT E _EYni.Q'c .. .. a _ .... - ` - _ _ .c ~._.. ~-V i-~----° T-- ~ _ -F- _ _ _ _ _ PFIAPoBACY - _ _ ~~ sT 5i'f~~\i a vvz~or... _ ~ ,y ~ '-C' _,_ ~ . - ~'~_-~_j-.il- __.~,~ Proposed Walgreen's elevations for Lot 1, Block 1 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 O ~~~ 1 `.' *~. • ~,1J;Y ~ ~', . .• ~ , I~l ,i t ., ~~~;~ ~ ~ ,~ J ~ III a ~,~ ~ ., ~ ~~ ~ '~i ~~n+ m ~ ~ ~ r] ~~~9 ,~ i ~ p 2 a"lyO9 5 ~ o~ ~ a 11 C` q] ~ ~., ~ ~ G ~ ~ ~~ ' a a ~, ~ _ ~ d ~', ~, ~~ ~, ~ ~ -- ~, _ _, .._. _ ~ t o _ _s -. -- - - ~ E _ - _ _. I Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 '~J~ ~ ~,~ -~ _ ~" -~_ - ~~ ~~_- 4~ f p` ,, ~ F _ ~ o t _ •I 0 ~ Y ~`~ = a ~ ~c ~ Q ~~~ ~ °`~ ,, ~; ,~ ,~~ / j ~' ,/~ ~`~ ~ ~ _ `, o ~~, ~- ;~ ~ _;~ ~~ ~_ 4 t e ~, ~k / ~. ~R....b "_.-.e _i~ j` - ay "~'~ ~ "~~ '~~` _`~~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 5, 2007 6. Paramount Master Plan Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 B, Conditions of Approval 1. PLANNING DEPARTMENT 1.1 DEVELOPMENT AGREEMENT MODIFICATIONS The Development Agreement (Inst. No. 103137116) for this development shall be modified as follows: 6A.3. (Page 5) "A Development Agreement shall be entered into between the Developer and the City of Meridian that will require, among other conditions, that all future erei~ townhouse, and multi-family uses obtain conditional use permit approval prior to development, the construction of the multi-use pathway, and limiting Lots 1-13, Block 32; Lots 1-12, Block 33; Lots 1-12, Block 34; and Lots 1-13, Block 35 to attached and townhouse construction only and limiting Lots 1-13, Block 30; Lots 1-2, Block 31; Lots 1-12, Block 36; and Lots 1-13, Block 37 to one dwelling per lot. All commercial uses in the C-G and L-O zones shall obtain design review approval in accordance with the UDC administrative design review standards in effect at the time of development. " 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Mason & Sta~eld, Inc., dated April 12, 2007, stamped and dated on 8>~&'~ 9/5/07 by Darin Holzhey, is approved with the conditions listed herein. The Applicant shall comply with all previous requirements of this site associated with AZ-03-006, PP-03-004, and CUP-03-008, as well as the Development Agreement (Instrument No. 103137116) in effect for Paramount. 1.2.2 All future commercial structures on the subject lots shall be required to obtain Certificate of Zoning Compliance and Administrative Design Review approval prior to building construction. Future buildings on this site shall substantially comply with the construction materials and design elements shown in the elevations attached in Exhibit A of this staff report. 1.2.3 One right-in/right-out and one full access shall be allowed to McMillan Road, and ene fwe one right-in/right-outs and two full accesses shall be allowed to Linder Road as shown on the revicer~ flat dated 9/5/07. Access to N. Linder Road and W. McMillan Road shall be consistent with the approvals of ACI-ID and the City of Meridian. A note shall be placed on the final plat restricting direct lot access to these roadways other than the access points approved with this application. 1.2.4 The landscape plan submitted for this project, prepared by The Land Group, labeled Sheets L1.0, L1.1, & L1.2, dated 4/13/07, is approved subject to the following revisions/notes: • Provide a minimum 25-foot wide landscape buffer along N. Linder Road & W. McMillan Road as shown on the landscape plan in accordance with the standards listed in UDC 11- 3B-7, Landscape Buffers along Streets. • Provide a minimum 25-foot wide landscape buffer along the north & east property boundaries adjacent to residential uses as shown on the landscape plan in accordance with the standards listed in UDC 11-3B-9, Landscape Buffers to Adjoining Uses. • Comply with the standards in UDC 11-3B-lOC for preservation of existing trees on site as follows: - Mitigation shall be required for all existing trees four-inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10-inch Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 caliper trees removed may be mitigated with four (4) 5-inch caliper trees, five (5) fl- inch caliper trees, or seven (7) 3-inch caliper trees.) - No mitigation is required in the following: (i) existing prohibited trees within the street buffer or parking lot; (ii) existing dead, dying, or hazard trees certified prior to removal by the City of Meridian Parks Department arborist; (iii) trees that are required to be removed by another governmental agency having jurisdiction over the project. - Required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3$- 14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.2.5 A minimum 25-foot wide street buffer is required along N. Linder Road and W. McMillan Road, as shown on the plat. These buffers shall be depicted on the plat as a permanent easement or included as a common lot in the subdivision and shall be maintained by the Business Owner's Association. 1.2.6 No signage is approved with this application. All signs proposed for this site shall obtain separate sign permit approval. 1.2.7 If residential (multi-family/townhouses) uses are planned for this site in the future, the Development Agreement will need to be modified to exceed the 270 apartments noted in Section 4, page 4. (Apartments were originally approved only at the southeast corner of the development around the retail/office uses.) 1.2.8 Across-access/cross-parking easement/agreement shall be recorded for all lots within the subdivision. All lots within the subdivision should have access to the access points approved in this application. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access. 1.2.9 The Applicant shall extend the stub street at the east boundary from Paramount South 60 Subdivision, as a public street to align with °~ Deer Crest ~: , ;Pg~~~~ Street at the west property boundary. A north/cot h nrivat~egt shall be constructed as ~ private streets in accordance with the standards listed in UDC 11-3F-4 ,~ shall connect to M M'llan Road from ~x~ D r rect Street, Submit a private street application for review and approval prior to or concurrent with final plat submittal.. this develonm nt may he rnnetrnr~terl oa ~l a to b one r ~ d ac n .b i or nrivat ctreetc ~ The port /cot h nriva ctreet chall e rea sired if a ro rv store is nronnsed ac rlPnirteri ;., !`nnnn..4 Dl..., cc A )) 1.2.10 It shall be the responsibility of the Applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 1.2.11 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 5, 2007 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.3.2 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18ahd shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3A- 18. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the Applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.3.3 The Applicant shall submit a detailed fencing plan with the final plat application for 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 permit. All fencing should be installed in accordance with City Code. 1.3.4 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. 1.3.5 Staff s failure to cite specific ordinance provisions or terms of the approved Preliminary Plat does not relieve the Applicant of responsibility for compliance. 1.3.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. 2. PUBLIC WORKS DEPARTMENT 2.1 Private streets should be provided within the development for addressing purposes; at a minimum, a private street should be provided from the stub street on the east property boundary to Linder Road. 2.2 Sanitary sewer service to this development is being proposed via extension of mains located in Paramount South 60. 2.3 The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.4 Water service to this site is being proposed via extension of mains in N Linder Road and W McMillan Road. The applicant shall be responsible to install water mains to and through this development including the water main installation from W McMillan Rd to the intersection of N Linder Rd. Coordinate main size and routing with Public Works. 2.5 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.6 The applicant has not indicated who will own and operate the pressure irrigation system in this Exhibit B Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall 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. 2.8 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non- domestic purposes such as landscape irrigation. 2.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. 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 prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.10 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.12 Sewer, water, pressurized irngation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, rnicropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.14 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.15 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.17 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes Exhibit B Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.18 Compaction test results shal'1 be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.20 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. MERIDIAN FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fue hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 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 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75.,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 The 18 commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced Exhibit B Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 2612 responses in the yeaz 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service aze projected to reach 2800 in the year 2005 and 3800 by the yeaz 2010. 3.9 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.10 Maintain a separation of 5' from any buildings to dumpster enclosures. 3.11 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.12 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.13 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route azound the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a) For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b) For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.14 There shall be a fire hydrant within 100' of all Fire Department connections. 3.15 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.16 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served., measured in a straight line. 3.17 The Fire Department encourages private streets within the development for addressing purposes. 4. POLICE DEPARTMENT 4.1 The proposed plat and/or site design encourages high-speed, cut-through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds within the development. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICE COMPANY Exhibit B Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 6.1 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public street. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Provide a minimum 10-foot easement abutting the dedicated right-of--way for the sidewalk and utilities. Construct a 5-foot concrete sidewalk a minimum of 41-feet from the centerline of the roadway abutting the site. OR, to provide the District with a surety until the sidewalks are constructed as part of the McMillan/Linder Roads improvement project. 7.1.2 Provide a minimum 10-foot easement abutting the dedicated right-of--way for the sidewalk and utilities. Construct a 5-foot concrete sidewalk a minimum of 28-feet from the centerline of McMillan Road abutting the site tapering to 35-feet from the centerline of the roadway at the intersection of Linder and McMillan Roads. OR, to provide the District with a surety until the sidewalks are constructed as part of the McMillan/Linder Roads improvement project. 7.1.3 Construct two full access driveways and one right-in/right-out driveway to intersect Linder Road in the following locations, as proposed. • First driveway, located approximately 250-feet (measured property line to near edge) north of the south property line. This driveway is proposed to be 25-foot wide and right-in/right-out access only. • Second driveway, located approximately 520-feet (measured property line to near edge) north of the south property line. This driveway is proposed to be 36-feet wide and full access. • Fourth driveway, located approximately 960-feet (measured property line to near edge) north of the south property line. This driveway is proposed to be a 36-foot wide and full access. The driveways are restricted to a width of 36-feet and will need to be paved there full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge 7.1.4 Construct one full access and one right-in/right-out driveway to intersect McMillan Road, as proposed. • First driveway, located approximately 260-feet (measured property line to near edge) east of the west property line. This driveway is proposed to be 25-feet wide and right-in/right-out access only. • Second driveway, located approximately 440-feet (measured property line to near edge) east of the west property line. This driveway is proposed to be 36-feet wide and full access. 7.1.5 Other than the access specifically approved with this application, direct lot access is prohibited to Meridian Road and McMillan Road and shall be noted on the final plat. 7.1.6 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACI-ID roadway or right-of--way. Exhibit B Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 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 applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all. rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval for appropriate entities are submitted, we can approve this proposal for: central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a breeding problem. Exhibit B Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 5, 2007 C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council fmds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that 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. The Council finds that the proposed development will not be detrimental to the publ-ic health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic, or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit C