HomeMy WebLinkAboutStaff CommentsCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007
STAFF REPORT
HEARING DATE: October 16, 2007 `'_
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner ~C
(208) 884-5533 t~ty (Jf 1Vleridian
SUBJECT: Gardner-Ahlquist Gateway City Clerk Office
• VAR-07-018
Request for a variance to UDC 11-3B-7C2 to be allowed to construct up to
35 feet of the required 35-foot wide landscape buffer within the Idaho
Transportation Department's right-of--way along Eagle Road;
Request for a variance to UDC Table 11-2B-3 to be allowed to decrease the
required street landscape buffer width from 35 feet to 30 feet for
approximately 541inear feet along Eagle Road
• VAC-07-012
Request to vacate the existing public utility, drainage, and irrigation
easements within Montvue Park Subdivision.
• MI-07-012
Request to modify several provisions of the recorded Development
Agreement (DA) and to include both phases of the Gardner-Ahlquist
Gateway development into one DA.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Timberline Surveying, PLLC, is requesting a Variance (VAR) to two different
sections of the UDC pertaining to the street landscape buffer. The first is for a variance from UDC
11-3B-7C2, which requires landscape buffers along streets to be located at the subdivision boundary
within a common lot or permanent easement. Instead, the Applicant is proposing to construct all of
the required 35-foot wide buffer along Eagle Road within the Idaho Transportation Department's
right-of--way in certain areas. The second is for a variance from UDC Table 11-2B-3 that requires a
35-foot wide street landscape buffer adjacent to arterial streets. The Applicant is proposing to
construct the full buffer width on all but a small section (541inear feet) on the northern portion of the
site along Eagle Road. In this area, the Applicant is requesting that a Variance be granted to reduce
the buffer width from 35 feet to 30 feet, measured from the future back of sidewalk to the proposed
parking area.
If approved, the landscape Variance would allow the Applicant to count up to 35 feet of the adjacent
Idaho Transportation Department (ITD) right-of--way (ROW) toward the required street landscape
buffer along N. Eagle Road, an entryway corridor. The Applicant states that the portion of ROW
proposed to be used for the required buffer is surplus ROW. Further, the Applicant states that the
Eagle/`Franklin intersection was improved two years ago and is not within the Statewide
Transportation Improvement Plan (STIP) for further improvements within the next five years. The
Applicant's justification for the requested variance is listed in Section 4.h of this staff report.
The Applicant is also requesting a Vacation (VAC) to vacate the existing public utility, drainage, and
irrigation easements in the portion of Montvue Park Subdivision that is being re-subdivided for the
Gardner-Ahlquist Gateway development. Montvue Park Subdivision was previously a residential
Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007
subdivision of which the Applicant is proposing to re-subdivide as a commercial subdivision.
Additionally, the Applicant is requesting to modify several provisions of the recorded Development
Agreement (DA) for Gardner-Ahlquist Gateway, and incorporate provisions contained in the
Gardner-Ahlquist Gateway South DA into one modified DA.
The easements proposed to be vacated were created on the Montvue Park Subdivision plat and
include all utility, drainage, and irrigation easements for Montvue Park Subdivision excepting those
lots under current ownership of ACRD (Lots 6 - 7, Block 1), ITD (Portions of Lot 1, Block 2, and
Lots 7 - 8, Block 5), and Med Prop, LLC (Lot 2, Block 5, and Portion of Lot 3, Block 5).
The easements requested to be vacated include 3-foot wide easements for public utilities on each side
of all side and rear lot lines and a 25-foot wide irrigation and drainage easement that runs across the
property. The vacation of these easements will remove platted easements that are no longer needed
for the proposed commercial subdivision.
The DA modification is proposed to clean-up several provisions of the Gardner-Ahlquist Gateway
DA's (there is currently a DA for the northern portion of the property and a DA for the southern
portion) that had discrepancies and include the DA provisions for Gardner-Ahlquist Gateway South
into one DA. Both of these DA's have already been recorded. Approval of the requested modification
would allow the entire property to be regulated under one DA.
2. SUMMARY RECOMMENDATION
Staff is recommending approval of the subject VAR application (VAR-07-018), VAC
application (VAC-07-012), and Miscellaneous application for a Development Agreement
modification (MI-07-012) for the reasons listed herein. Staff finds that the VAR application meets
all of the findings required in the UDC in order for the City Council to grant a variance. (See
Analysis, Section 8, of this report, for more details.)
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 VAR-
07-012, VAC-07-012, and MI-07-012, as presented in Staff Report for the hearing date of October 16,
2007, and direct Planning Staff to prepare findings for approval based on tonight's hearing, with the
following changes: (insert any changes here) I further move to direct Legal Department Staff to
prepare an amendment to the recorded Development Agreements for this site that reflects the subject
changes to the Development Agreements.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Numbers VAR-07-
012, VAC-07-012, and MI-07-012, and direct Legal Staff to prepare the appropriate findings
document for denial. (You should state why you are denying the request.)
Continuance
I move to continue File Numbers VAR-07-012, VAC-07-012, and MI-07-012, 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:
The site is located on the southeast corner of E. Franklin Road and N. Eagle Road
Northwest '/ of Section 16, Township 3 North, Range 1 East
Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007
b. Owners:
Meridian Medical Plaza, LLC
13901 W. Wainwright, Suite B
Boise, ID 83713
Gardner Kem C Family Partnership
13901 W. Wainwright, Suite B
Boise, ID 83713
Joseph Verska & Samuel Jorgenson
360 E. Montvue Drive, Ste. 100
Meridian, ID 83642
c. Applicant:
Timberline Surveying, PLLC
847 Park Centre Way, Suite 3
Nampa, ID 83651
d. Representative: Pamela Hall, Timberline Surveying, PLLC
e. Present Zoning: C-G (General Retail and Service Commercial)
f. Present Comprehensive Plan Designation: Commercial
g. Description of Applicant's Request:
The Applicant is requesting a Variance from UDC 11-3B-7C2, which requires landscape buffers
along streets to be located at the subdivision boundary within a common lot or permanent
easement. The Applicant is proposing to construct up to 35 feet of the required 35-foot wide
buffer along Eagle Road within the Idaho Transportation Department's right-of--way between
Franklin Road and the proposed extension of Louise Drive.
The Applicant is also requesting a Vacation (VAC) to relinquish the existing public utility,
drainage, and irrigation easements in the portion of Montvue Park Subdivision that is being re-
subdivided for the Gardner-Ahlquist Gateway development.
Additionally, the Applicant is requesting to modify several provisions of the recorded
Development Agreement (DA) for Gardner-Ahlquist Gateway and include the property contained
in Gardner-Ahlquist Gateway South into one DA for the entire development.
h. Applicant's Statement/Justification:
VAR: The Applicant proposes to meet and exceed the City's requirement fora 35' wide buffer
along Eagle Road. Because the Eagle/Franklin intersection was improved two years ago, further
improvements are not slated to occur at least within the next five years, per the Statewide
Transportation Improvement Plan (STIP). Additionally, per City Code, surplus ROW is required
to be landscaped via a license agreement with ITD if road expansion is not scheduled within the
STIP. Because it is not scheduled, ITD is willing to enter into such an agreement with the
developer to landscape their ROW. Because road improvements are not planned, the Applicant
believes they should be allowed to utilize the surplus ROW for the buffer. Because ITD owns
surplus ROW beyond their ultimate ROW, there is a jog of 40 to 100 feet from the ultimate ROW
line. Allowing the VAR would allow the buffer to be constructed more uniformly across the
property frontage and would not create as much of a jog in the buffer. (See Applicant's letter
submitted with the application for more information.)
VAC: The proposed Gardner-Ahlquist Gateway development is a re-subdivision of the majority
of Montvue Park Subdivision. Prior to the recordation of the final plat for Gardner-Ahlquist
Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007
Gateway subdivision and Gardner-Ahlquist Gateway South subdivision, the easements created
with the Montvue Park Subdivision need to be vacated. (See Applicant's letter submitted with the
application for more information.)
MI: The Applicant states that several items included in the Gardner-Ahlquist Gateway DA show
discrepancies (such as owner/developer, square footages, and number of buildings) and need to
be cleaned up. In order to simplify the process for Staff and the Applicant to regulate allowed
uses for the entire property, the Applicant is also proposing to combine the conditions of approval
from the Gardner-Ahlquist Gateway South portion of the development into the Gardner-Ahlquist
Gateway DA. (See Applicant's letter submitted with the application 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, a public hearing is
required before the City Council on this matter.
b. The subject application will, in fact, constitute a vacation as determined by City Ordinance. By
reason of the provisions of the Meridian City Code Title 11, Chapter 5, a public hearing is
required before the City Council on this matter.
c. The subject application will, in fact, constitute a development agreement modification as
determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11,
Chapter 5, a public hearing is required before the City Council on this matter.
d. Newspaper notifications published on: September 24, 2007 and October 8, 2007
e. Radius notices mailed to properties within 300 feet on: September 21, 2007
f. Applicant posted notice on site by: October 9, 2007
6. LAND USE
a. Existing Land Use(s): Vacant, except for 1 existing house that is being removed.
b. Description of Character of Surrounding Area: This area mostly consists of commercial and
office uses with some rural residential properties in Greenhill Estates to the west.
c. Adjacent Land Use and Zoning:
1. North: Commercial retail (R. C. Willey's), zoned C-G
2. West: Offices (Parkway Plaza), zoned L-O; Residential (Greenhill Estates), zoned R2 (Ada
County)
3. South: HospitaUmedical center (St. Luke's), zoned L-O
4. East: Offices/residential (Touchmark Living Center), zoned L-O
d. History of Previous Actions:
- On July 10, 2007, the northern 26.84 acre portion of the subject property (Gardner-
Ahlquist Gateway) was granted Annexation and Zoning (AZ-06-065) approval by City
Council with a C-G (General Retail and Service Commercial) zone. A Development
Agreement was also approved with the annexation (Instrument No. 107099628).
- On April 24, 2007, a Variance (VAR-07-006) was approved for aright-in/right-out
access to Eagle Road.
- On May 28, 2007, the northern portion of the subject property (Gardner-Ahlquist
Gardner-Ahlquist Gateway VAR-07-O18, VAC-07-012 & MI-07-012
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007
Gateway) was granted Preliminary Plat (PP-07-007) approval by City Council for 11
building lots on 19.3 acres in a C-G zone.
- On September 25, 2007, the southern 6.67 acre portion of the subject property (Gardner-
Ahlquist Gateway South) was granted Annexation and Zoning (AZ-07-010) approval by
City Council with a C-G (General Retail and Service Commercial) zone. A Development
Agreement was also approved with the annexation (Instrument No. 107134668).
- On August 28, 2007, the southern portion of this property (Gardner-Ahlquist Gateway
South) was granted Preliminary Plat (PP-07-012) approval by City Council for 5 building
lots on 6.67 acres in a C-G zone.
- On August 28, 2007, the southern portion of this property (Gardner-Ahlquist Gateway
South) was granted approval for the construction of a private street (PS-07-005).
- On September 11, 2007, a Final Plat (FP-07-027) was approved by City Council for the
northern portion of the site (Gardner-Ahlquist Gateway) for 11 building lots on 18.47
acres in a C-G zone.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: This property is proposing sewer from mains in Franklin Road.
Location of water: There are currently water mains in Franklin and E. Louise Drive.
Issues or concerns: When reviewing the plat for Montvue Subdivision for
existing easements of record, Staff became aware that the old plat depicts a
portion of land appearing to be right of way for the Snyder Lateral. Staff was
concerned that this was actually a separate parcel of land, However Don Watts,
ADA County Land Records Analyst consulted with the applicant and the
County surveyor's office and has made the determination that the Snyder
Lateral is in an easement, and that the property pins shown should be
considered as witness corners, which was common practice at the time.
2. Vegetation: NA
3. Floodplain: This site is not located within the floodplain.
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: NA
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 Eagle Road. The UDC (11-3B-7C2) requires landscape buffers along streets to be placed in
either a common lot or permanent easement at the subdivision boundary. The Applicant has
submitted the subject variance to allow up to 35 feet of the required landscape buffer along
Eagle Road to be located within ITD's right-of--way.
7. AGENCY COMMENTS MEETING
No comments were provided for these applications. Please see the public record for any written
comments that may have been submitted by other agencies on these applications.
Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012
Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007
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 (VAR) to two different sections of the
UDC pertaining to street landscape buffers. The first is for a variance from UDC 11-3B-7C2,
which requires landscape buffers along streets to be located at the subdivision boundary within a
common lot or permanent easement. The Applicant is proposing to construct up to 35 feet of the
required 35-foot wide buffer along Eagle Road within ITD's right-of--way between Franklin Road
and the proposed extension of Louise Drive. The second is for a variance from UDC Table 11-
2B-3 that requires a 35-foot wide street landscape buffer adjacent to arterial streets. The
Applicant is proposing to construct the full buffer width on all but a small section (541inear feet)
on the northern portion of the site along Eagle Road. In this area, the Applicant is requesting that
a Variance be granted to reduce the buffer width from 35 feet to 30 feet, measured from the future
back of sidewalk to the future parking area (see Exhibit A.2). The Applicant states that because
improvements to the Eagle/Franklin intersection were made two years ago, further improvements
are not included in the five-year Statewide Transportation Improvement Plan (STIP) for this area.
For this reason, the Applicant is proposing, and will be required to, landscape the remaining
ROW in this area until such time as a right-turn lane is added.
Although the intersection of Franklin and Eagle has recently been improved, Staff does not
believe it is built to its ultimate section. Staff believes that an east bound right turn lane will
eventually be constructed from Eagle Road onto Franklin Road. Staff recognizes that this
construction may not occur for some time. But as the Planning Department, our job is to account
for future situations, not just the present. Therefore, Staff is not supportive of the Applicant
counting the right-of--way that will be needed for the right turn lane as part of their landscape
buffer width. Further, ITD does not typically allow trees, or any dense landscaping within their
ROW. Staff is concerned that if the Applicant is allowed to use this much ROW towards their
landscaping that it will not be densely vegetated. The ideal situation would be for the Applicant to
apply to ITD to vacate a portion of the ROW along Eagle Road. That way there could be a
consistent landscape buffer width along Eagle Road. The Applicant is currently in the process of
doing a land swap with ITD and will be acquiring a portion of the ROW from them at the
northern portion of the site. The Applicant has submitted a landscape plan with this application,
included as Exhibit A.3 that shows how the buffer is proposed to be landscaped. This drawing
does not account for the future right turn lane; landscaping shown on the plan should be shifted to
account for the right-turn lane and should be provided on the site as shown. The Applicant has
stated that they have submitted a landscape plan to ITD for approval of the proposed landscaping
within the ROW.
Staff obtained a copy of the ITD approved plan of the proposed layout of the Eagle/Franklin Road
intersection depicting the future right turn lane and sidewalk, from Horrocks Engineers (see
Exhibit A.2. of this staff report). This plan depicts 30 feet of ROW at the narrowest point
measured from the back of sidewalk to the ultimate ROW line of Eagle Road. The ROW line is
not consistent in width along this portion of Eagle Road; it widens to 35.4'+ further to the south.
The plan also depicts a 10-foot wide sidewalk with tree grates that is attached to the curb along
Eagle Road.
The UDC (11-3H-4C3) requires a 10-foot wide multi-use pathway along Eagle Road. Because a
5-foot wide sidewalk currently exists along Eagle Road in this location and the Applicant
does not wish to tear it up and re-construct it, the Applicant is proposing to construct a
divided sidewalk intermittently along Eagle Road per the plan in Exhibit A.2 (i.e. 5 feet of
sidewalk, then landscape planter, then 5 feet of sidewalk). The Applicant has requested that
Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012
Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007
they be allowed to do this through a provision in the DA (see Exhibit A.6, #5.1.16). NOTE:
If the Applicant attaches additional concrete to the sidewalk or does not construct a
detached walk, then this width (10 feet) will not count towards the landscape buffer
requirement along Eagle Road.
After review of the Eagle/Franklin Road intersection plan, Staff has determined that in
most places, there is enough surplus (the amount of ROW left after ultimate build-out)
ROW in which to construct the entire 35-foot wide buffer; however, in the area where there
is not enough ROW (541inear feet at the northern boundary), the Applicant is requesting a
variance to be allowed a 5 foot reduction in buffer width to 30 feet -Staff is supportive of
this request.
The UDC has three very specific findings (see Exhibit B) that have to be met in order for the
Council to grant a Variance. Staff believes that the Applicant's request meets these findings. For
this reason, Staff supports the variance requests as proposed by the Applicant with the conditions
stated below in Section 9.
VAC Application: The Applicant is requesting to vacate the existing public utility, drainage, and
irrigation easements in the portion of Montvue Park Subdivision that is being re-subdivided for
the Gardner-Ahlquist Gateway development. Montvue Subdivision was previously a residential
subdivision, the majority of which the Applicant is proposing to re-subdivide for a commercial
subdivision. Prior to recordation of the final plats for this development, the easements platted
with Montvue Park Subdivision need to be vacated. The easements proposed to be vacated
include all utility, drainage, and irrigation easements for Montvue Park Subdivision excepting
those lots under current ownership of ACRD (Lots 6 - 7, Block 1), ITD (Portions of Lot 1, Block
2, and Lots 7 - 8, Block 5), and Med Prop, LLC (Lot 2, Block 5, and Portion of Lot 3, Block 5).
The subject easements include 3-foot wide easements for public utilities on each side of all side
and rear lot lines and a 25-foot wide irrigation and drainage easement (see Montvue Park
subdivision plat in Exhibit A.4). The Applicant has submitted letters of relinquishment from
Idaho Power, Qwest, Cable One, Intermountain Gas, and the Nampa & Meridian Irrigation
District. Staff supports the vacation of easements as proposed by the Applicant.
MI Application: The Applicant is requesting to modify several provisions of the recorded
Development Agreement (DA) for Gardner-Ahlquist Gateway (Instrument # 107099628) and also
include the provisions contained in the Gardner-Ahlquist Gateway South DA (Instrument
#107134668) in one modified DA for Gardner-Ahlquist Gateway. The two existing DA's would
be replaced with one agreement containing provisions that apply to the overall development. Staff
has compared the two existing DA's and has made sure that all of the applicable provisions of the
Gardner-Ahlquist Gateway South DA have been included in the proposed modifications to the
Gardner-Ahlquist Gateway DA. Please see Exhibit A.6 for the Applicant's proposed amendments
to the DA.
Staff is generally supportive of the request to include the provisions of both DA's in one
agreement for the entire development. Because these developments are under the same
ownership and contain roughly the same DA provisions, combining the two DA's into one
will simplify the process for Staff and the Applicant to regulate the allowed uses on this site
in the future.
Please note the following items pertaining to some of the other DA modifications requested
by the Applicant (See Exhibit A.6 for a comprehensive list of DA modifications):
• The Applicant has requested that Sectionsl.l, 1.9, 3.2, 3.3, 3.4 and 16 be modified to
reflect Developer information instead of Owner information. The Ada County Tax
Assessor's records indicate that Meridian Medical Plaza, Gardner Kem C Family
Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012
Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007
Partnership, Joseph Verska, and Samuel Jorgenson all own lots within the development.
Staff contacted Bill Nary, City Attorney, to determine if only the Developer could be
listed on the DA and sign the DA. Because the DA determines how the property will
develop in the future and is tied to the land, all of the owners of the property have to
be listed and sign the agreement. For this reason, Staff does not support the request
to remove the owner information from the agreement.
The Applicant has requested that provision #5.1.6 be modified to allow between 300,000-
400,000 square feet of office space, 52,000-74,000 square feet of retail space and a
140,000-200,000 square foot hotel consistent with the concept plan approved for this
development with Gardner-Ahlquist Gateway South; and be required to have a minimum
of thirteen buildings within the development, nine on phase 1 (Gardner-Ahlquist
Gateway) and four on phase 2 (Gardner-Ahlquist Gateway South). (Note: There were
discrepancies between previous concept plans and DA's for this development in square
footages and number of buildings required on the site. The concept plan shown in Exhibit
A.8 is correct and should be included as an exhibit in the revised DA. The Applicant is
now requesting changes to "clean-up" these items.) Staff supports the requested
changes previously mentioned. Additionally, the Applicant is requesting an increase to
the maximum square footage allowed for single buildings to 225,000 square feet. Staff
supports this request with the added provision that no building footprint shall
exceed 75,000 square feet. (Note: Staff is not supportive of the Applicant's request to
modify the proposed height of the hotel through the DA process. See bullet below).
Further, Staff recommends that the concept plan included as Exhibit A.3 in the DA
for the Gardner-Ahlquist Gateway South, shown in Exhibit A.8 of this staff report,
be included in the new DA for the overall development.
In DA provision #5.1.16, the Applicant is requesting to be allowed to construct a 10-foot
wide divided sidewalk intermittently along Eagle Road (i.e. 5' wide sidewalk, then
planter island, then 5' wide sidewalk) to meet the UDC (11-3H-4C3) requirement for a
10-foot wide multi-use pathway consistent with the Eagle Road Corridor Study along
State Highway 55/Eagle Road. The Eagle Road Corridor Study requires detached
sidewalks along Eagle Road. However, the City Council heard and was supportive of
this same request at the City Council hearing for the final plat on September 11,
2007. For this reason, Staff is supportive of the proposed divided sidewalk along
Eagle Road to be constructed with the subdivision improvements for this
development. Please note that if the pathway is attached to the curb, it will not count
toward the required street buffer width; if it is not attached to the curb and is
constructed as a detached sidewalk, the pathway width will count toward the buffer
width.
Additionally, Staff is requesting that the legal descriptions included in Exhibit A.7 of
this staff report, which shows both the northern and southern portions of the
development, be included in the DA to replace the original legal description for the
northern portion of the development (Gardner-Ahlquist Gateway).
9. RECOMMENDATION
Staff is recommending approval of the Applicant's request for a Development Agreement
modification as modified by Staff in Exhibit A.6. Further, Staff is supportive of the requested
Vacation of certain platted easements in Montvue Park Subdivision. 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:
Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012
Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007
a. Applicant shall meet all terms and conditions of approval of the annexations (AZ-06-065 &
AZ-07-010), preliminary plats (PP-07-007 & PP-07-012), and final plat (FP-07-027)
previously approved for this site.
b. Except for a small portion near the Franklin Road intersection, the Applicant shall provide a
3S-foot wide landscape buffer along the Eagle Road frontage measured from the future back
of sidewalk to the on-site parking, as shown in Exhibit A.2 and with the landscape materials
shown in Exhibit A.3. The Applicant may construct all or a portion of the required street
buffer within the Eagle Road ROW where space allows; any portion of the buffer that does
not fit within the ROW shall be constructed on the Applicant's property. The required 35-foot
wide street landscape buffer may be constructed within the ROW as requested and be placed
beyond the 10-foot wide pathway constructed at the future back of curb location at the
ultimate build-out of Eagle Road with the right-turn lane onto Franklin Road. The buffer
width shall be reduced to 30 feet in width for the 541inear foot section at the northern portion
of the site where there is not adequate room in the ROW for the entire buffer width.
c. The 10-foot wide pathway along Eagle Road shall be constructed in its future location
accounting for the future construction of a right-turn lane from Eagle onto Franklin Road, per
the plan in Exhibit A.2. If the sidewalk is attached to the curb as shown, the width of the
sidewalk will not count toward the required buffer width; if the sidewalk is detached from the
curb, the width of the sidewalk will count toward the required buffer width.
d. The Applicant shall obtain approval from the Idaho Transportation Department (right-of--way
encroachment permit and permit to work in the State Right of Way) to landscape the surplus
right-of--way for Eagle Road adjacent to this site as shown in Exhibit A-3 (surplus right-of-
way shall mean all area behind the curb at ultimate build-out). If permission is not granted for
trees within the ROW, the applicant shall submit an alternative compliance application to
Planning Staff to review an amended landscape plan for compliance.
10. EXHIBITS
A. Maps/Other
1. Vicinity/Zoning Map
2. Plan Showing Ultimate Expansion of Eagle Road with Right Turn Lane at Franklin/Eagle
Road Intersection & Detail of Proposed Sidewalk
3. Landscape Plan
4. Montvue Park Subdivision Plat
5. Description and Exhibit Map Depicting Easements Proposed to be Vacated
6. Proposed Modifications to the Development Agreement for Gardner-Ahlquist Gateway
7. Legal Description
8. Concept Plan
B. Required Findings from Unified Development Code (Variance)
Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012
Page 9
Exhibit A.1 -Vicinity/Zoning Map
Exhibit A.2 -Plan Showing Ultimate Expansion of Eagle Road with Right Turn Lane at Franklin/Eagle Road
Intersection & Detail of Proposed Sidewalk
Franklin Road
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Exhibit A.4 -Montvue Park Subdivision Plat
Exhibit A.5 -Description and Exhibit Map Depicting Easements Proposed to be Vacated
All utility, drainage, and irrigation easements for Montvue Park Subdivision excepting those lots
under current ownership of ACRD (Lots 6 - 7, Block 1), ITD (Portions of Lot 1, Block 2, and
Lots 7 - 8, Block 5), and Med Prop, LLC (Lot 2, Block 5, and Portion of Lot 3, Block 5)
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Exhibit A.6 -Proposed Modifications to the Development Agreement for Gardner-Ahlquist Gateway
MODIFICATIONS REQUESTED ARE AS FOLLOWS (strike-through or underlined):
(Stcxff's recommended DA provisiorZS jioted in reel italics below Applicants requested
nzacli~cations. j
Stated:
PARTIES: 1. City of Meridian
2. Meridian Medical Plaza, LLC, Owner
3. Gardner Ahlquist Development, LLC, Developer
Requested:
PARTIES: 1. City of Meridian
2. Meridian Medical Plaza, LLC, Developer
Staff does nat support the r•Eiquestecl rnadificution. ~Towever, Staff daes support the update af'the
owner~'develeapcr• information to reflect Meridian .Medical Plaza, Gardner Kem C Family
7'artnership, Joseph Verska, and Samuel Jorgensen as Ownej:S Of tIZC' Z)r0~7E'•rt~jJ; hecazrse Meridian
Medical Plaza is also the Developer°, thcyy should he listed as "Otivner%Develaper°. " (See Staff
analysis in Section 10 of this r°E~ort fhr nrorE,r infornzcrtian.)
Stated:
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered
into this day of , 2007, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY, Gardner Ahlquist Development, LLC,
whose address is 13901 W. Wainwright, Suite B, Boise, Idaho 83713, hereinafter called
DEVELOPER, and Meridian Medical Plaza, LLC, whose address 13901 W. Wainwright, Suite
B, Boise, Idaho 83713, hereinafter called OWNERS.
Requested:
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered
into this day of , 2007, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY, and Meridian Medical Plaza, LLC,
whose address 13901 W. Wainwright, Suite B, Boise, Idaho 83713, hereinafter called
DEVELOPER.
Staff does not szrpport floe requested rrrodification. fIc}wever, Stcrjf'does suppar°t the update of'the
owner;~developer° irzfarmatian to r•efleet Meridian Medical Plaza, Gardner Kenr C' Family
Par~tncrsliip, Joseph yTerstia, and Samuel Jargenesen as owners of the praper°ty; because
~~feridiarr Medical Plaza is also the Developer, they= shaz.ald he listed as "OYVrrer/l~eveloper•. "
(See Staff analysis in .Section .10 of'this report for more information.)
Stated:
1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in
the County of Ada, State of Idaho, described in Exhibit A for each owner, which is
attached hereto and by this reference incorporated herein as if set forth in full, herein after
referred to as the Property; and
Requested:
1.1 WHEREAS, Developer is the sole owners, in law and/or equity, of certain tract of land
in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is
attached hereto and by this reference incorporated herein as if set forth in full, herein after
referred to as the Property; an
Staff does not support i°eplacing "Owner" with `Developer°"•for the reasons previously stated.
(See Stcz fanalysis iri Section 1 Q of this report for more information.)
Stated:
1.7 WHEREAS, City Council, the 8th day of May, 2007, has approved certain Findings of
Fact and Conclusions of Law and Decision and Order, set forth in Exhibits B and C,
which are
Requested:
1.7 WHEREAS, City Council, the 8th day of May, 2007, and the 28th day of August, 2007,
has approved certain Findings of Fact and Conclusions of Law and Decision and Order,
set forth in Exhibit B, which are attached hereto and by this reference incorporated herein
as if set forth in full, hereinafter referred to as (the Findings); and
Staff' supporis the requested modification to includi; the uppraval date of Gardner-,~ltlquist
Gcite~vay South portion vf'the develo~rrierzt.
Stated:
1.9 DEVELOPER and/or OWNERS deem it to be in their best interest to be able to enter
into this Agreement and acknowledges that this Agreement was entered into voluntarily
and at their urging and requests; and
Requested:
1.9 DEVELOPER deems it to be in their best interest to be able to enter into this Agreement
and acknowledges that this Agreement was entered into voluntarily and at their urging
and requests; and
.skiff dvE=s 11ot :SLlpport thls Yeg2leSt.fOr' thE> YeaSOnS prelJIOZisI~% StateLl. rsee Stiff analysts lrt SeCtl07l
10 of'this r°eportfor more infor•r~iation.)
Stated:
3.2 DEVELOPER: means and refers to Gardner Ahlquist Development, LLC, whose
address is 13901 W. Wainwright, Suite B, Boise, Idaho, 83713, the party developing said
Property and shall include any subsequent developer(s) of the Property.
Requested:
3.2 DEVELOPER: means and refers to Meridian Medical Plaza, LLC, whose address is
13901 W. Wainwright, Suite B, Boise, Idaho, 83713, the party developing said Property
and shall include any subsequent developer(s) of the Property.
Staff supports the requested aodifcation as Meridiaaz Medical Plaza i.s no~~ the developca- of~the
pa'OpF'rty=.
Stated:
3.3 OWNERS: means and refers to Meridian Medical Plaza, LLC, whose address is 13901
W. Wainwright, Suite B, Boise, Idaho, 83713, the parties that own said Property and shall
include any subsequent owner(s) of the Property.
Requested:
3.3 DELETE
Staff'dves nvt suppvrt tlae requested modification. Becaatse Gardner Kem C .Family .Partnership,
Joseph l'erska, and Samuel Jorgensen also vwra lots in this develvpment, they slzvirld be added
as otiti=Hers and should sib,>n tlac? DA.
Stated:
3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the
County of Ada, City of Meridian as described in Exhibit A describing the parcels to be
re-zoned C-G (General Commercial District) attached hereto and by this reference
incorporated herein as if set forth at length.
Requested:
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the
County of Ada, City of Meridian as described in Exhibit A describing the parcels to be
re-zoned C-G (General Commercial District) attached hereto and by this reference
incorporated herein as if set forth at length.
Stc~ff'daes nvt support tlae requested modification to c°hange the item number aJ'this prvvisiofa as
Staff does not,su~port the previous regaresz to delete provision #3.3.
Additionally, the .Applicant did nit request a change to the parcel description referenced in
Exhibit .4 above to reflect the inclusion af' both the north and south partiorts of the
development but Staff is requesting that the legal descriptions included in Exhibit A.6 ~f this
repnrt be included in the amended DA.
Stated:
4.1 The uses allowed pursuant to this agreement are only those uses allowed under the City's
Zoning Ordinance codified at Meridian City Code, Section 11, which are herein specified
as follows:
11 commercial lots in the proposed C-G zone on 22.30 acres, and the pertinent
provisions of the City of Meridian Comprehensive Plan are applicable to this AZ-
05-065 application.
Requested:
4.1 The uses allowed pursuant to this agreement are only those uses allowed under the City's
Zoning Ordinance codified at Meridian City Code, Section 11, which are herein specified
as follows:
Sixteen (16) commercial lots and one lot for the construction of a urivate street in
the proposed C-G zone on 24.92 acres and the pertinent provisions of the City of
Meridian Comprehensive Plan are applicable to these AZ-06-065 and AZ-07-010
applications.
(~'1'ote: Provision #4.1 in the DA for GardnerAhlqui.st Sotxtlt reads, "S Commercial lots
vn 22.3 acres in the prooposed GG zone and cvnstruction of a private street for Gardncr-
Ahlgt.tist Gatc~~vay South and the pertinent provisions of the City> ~f~ Meridian
C'vm~rehertsive I'lcrn applicable to this AI-07-010 application. ")
StctJf'supports the requested modification. (Note: The acreage was shown incorrectly on the
previous DA :s sv the cxct°eage fir the averctll development is different than that sh0-tin previously.
See legal descriptions attached in Exlziliit A.6.)
Stated:
5.1.6 The site shall develop generally consistent with the submitted concept plan and shall
include between 200,000-300,000 square feet of office space, 30,000-50,000 square feet
of retail space and a 20,000-40,000 square foot hotel. A minimum of 11 buildings shall
be required on this site. No single building shall exceed 125,000 square feet.
Requested:
5.1.6 The site shall develop generally consistent with the submitted concept plan and shall
include between 300, 000-400, 000 square feet of office space, S2, 000-74, 000 square feet
of retail space and a 140, 000-200.000 square foot hotel. A minimum of thirteen (13)
buildings, nine (9) on Phase 1 (Gardner Ahlquist Gatewav No. 1 and four (4 on Phase
2 (Gardner Ahlquist Gatewav South shall be required on the development. No single
building shall exceed 225, 000 square feet.
(Note: Prvvision #5..1.6 in the DA fvr Gardner-Ahlyztst South reads: "The site shall
develvp generally consistent ~ti~itla the submitted concept plan and shall include ben~~een
165, ()00-208, 000 s tcarc feet of cvntbirted office and retail space (between 492, 000-
674.000 sclt.tare feet total, including the north phase). A minitrtutn of 3 buildings shall be
required ort this= site. IVo single building within the Gardner-Ahlquist Gateway South
Subdivision shall exceed 100, O00 square feet. ' ")
Staff supports the r~egirestccl modification to the vverall .sgrrarc _foatage for gtfic°e, retail, and
hotel space as it reflects that shop-n on the concept plan fvr the entire: development apprvved
with the Gar°drter-Ahlgrrist Gatc~vav Socrth applicativn.
Staff'st-reports the regtre~sted modification in the rrtinimtrm number of buildings required on the
site -- to 13.
~Staff'supports the request fvr an increase in the .sie of:single buildings, not to exceed 225,000
square feet ~~itlt the added provision that nr7 huilding footprint shall exceed 75,000 square feet.
Fur°ther, Staff` recvmmerte-~s that the concept plan iftclirdecl cts .Exhibit A.3 in the DA for the
Gardner-Alalquist Gateway Svtrtlt, shown r.'n Exhibit X1.8 of this .staff'report, be included in the
rae~v DA far the aver•all del~eloprnent.
(See Staff'analysis ira Section IO of~tlris reportfor more information.)
Stated:
5.1.7 All buildings on the site shall be generally consistent with the conceptual office and
retail elevations submitted with this application. All buildings shall also be subject to
the city's Administrative Design Review. The applicant shall be allowed to construct
up to 100-foot tall buildings without alternative compliance or conditional use permit
approval.
Requested:
5.1.7 All buildings on the site shall be generally consistent with the conceptual office and
retail elevations submitted with these applications. All buildings shall also be subject to
the city's Administrative Design Review. The applicant shall be allowed to construct
up to 100-foot tall buildings without alternative compliance or conditional use permit
approval.
Staff supports the request as this covers the overall developrrtent.
Stated:
5.1.11 Locate a minimum of two (2) buildings abutting the landscape buffer along both Eagle
and Franklin Roads as shown on the concept plan.
Requested:
5.1.11 Locate a minimum of two (21 buildings abutting the landscape buffer alone Franklin
Road as shown on the concept plan. Locate a minimum of five (5 buildings abutting the
landscape buffer along Eagle Road, two (2) of which to be sited on Gardner-Ahlquist
Gateway No. 1 and three (3Lof which to be located on Gardner-Ahlquist Gateway South.
(Note: 'r-ovisian #5.1.9 in the DA for Gardner-Ahlquist South reads: "Locate a minimum
of't~vo buildings abutting the landscape buffer along Eagle Road. '
Staff'.sarpports the r°equested naodificatiorz as it meets the minimum requircrnents of both of the
111 's.
Stated:
5.1.16 The Applicant shall be responsible for the construction of a 10'-wide multi-use pathway
(with a public use easement) and the installation of street lights and landscaping along
Eagle Road / SH 55 that is consistent with the Eagle Road Corridor Study.
Requested:
5.1.16 The Applicant shall be responsible for the construction of a 10'-wide multi-use pathway
(with a public use easement) and the installation of street lights and landscaping along
Eagle Road / SH 55 that is consistent with the Eagle Road Corridor Study. However, the
Applicant shall be allowed to construct divided sidewalks intermittently along_Eagle
Road to permit landscape planters (i.e. five feet (5'~ of sidewalk then landscape planter
then five feet (5'1 of sidewalk), as allowed by the Idaho Transportation Department.
StafJ'supports the requested r~zodif eatiori. I~owever, the Applicant should note that if the
pathway is attached to the czrrb that a full 35-fi~ot ti~~ide buffer tia~ill be required measured, fi°orn
the back .ride of the pathway. If~the path~~~ay is detached,fi~om the curb, the pathway rrzay count as
part ~f t{ze required street buffer width.
Stated:
16.
CITY: DEVELOPER:
c/o City Engineer Gardner Ahlquist Development, LLC
City of Meridian 13901 W. Wainwright, Suite B
33 E. Idaho Ave. Boise, ID 83613
Requested:
16.
CITY: DEVELOPER:
c/o City Engineer Meridian Medical Plaza, LLC
City of Meridian 13901 W. Wainwright, Suite B
33 E. Idaho Ave. Boise, ID 83613
Staff supports the requested modification as Meridian Medical Plaza is now the developer of
this .rite.
Stated:
22.
DEVELOPER:
GARDNER AHLQUIST DEVELOPMENT, LLC
By:
OWNERS:
MERIDIAN MEDICAL PLAZA, LLC
By:
Requested:
22.
DEVELOPER:
MERIDIAN MEDICAL PLAZA, LLC
By:
Staff ~dve.s nat sttppvrt the requested rrtvdficutivn. However, Staff does support the update of'the
vti~~ner/dr~veloper• information to reflect Meridian Medical Plaza, Gardyter Ken? C' Fancily
~'artnership, Joseph ~erslti,a, and Samuel Jorgenson as owners vf'the proper°ty~; because Meridian
Medical Plaza is also the Pevelvper•, they should be listed as "Owner/Developer. " (See Staff
analysis in Sec°tivn 1 D vf'this report for nzvre infvrmcrtian.)
Exhibit A.7 -Legal Description
LI;CiAL l~l,~C'l~ll'"l"ltllti
C.rA~'T7:~C~R .~IIL(t.,°1:~T` C,?t°I°EW:~1~ ~t?DIVIf~I(??~i ~[:l:Vffl~;lt. 1
~ tt~rcc=i {,f tanf E,ring a p~naon of!~iant~°u~ Park Sutrctiti~i:cic~n E3cr,ak 17 at 1'"a~c 1 IU7 cif
f~1 its tt,cl (,~ r n Ic,c,tttcd in ~e 'Jarih.west ltd ztf the 'vc7rlhu=est 1 ~4 ttf S~~ticjn 1 h,
lc~~~rr,ht~ ,~ Rc~rtlt. loge l Fast. Hra;~e 14let~idiaut, City= c:tf Meridian, Ada Ccunt}=, ldah~-+
at~c1 descrihexi ~.; fc~dk~~s:
F3asi~t ui" lieztring being, the 1x,'e>t line. csf the T~c~rtltu~est l!~F of said ~ectic~ra 7 6 deri~red
l'rort, fr~tmcm mc~rutitenis ~ta~d taken a, T,'~rtlt Uila~O°3~=' Vest a distance c~l''Ca~3.t)l fec;t.
t'C~~9'~1F ~C i\rt a ~ct a l7rasc eat nzcanurtient marking the ?Jc~rth~~est corner c'<f the
I`~Frtli~west 1 '~ c,1 Secti~rt 1G, Tra~~t:;ltip _, ~;~1rth. Tinge I Fast, Boise Meridia~r;
then.e ;,lortt: the U4'est line cif said ~+orth~.e:~t l?4 :South tl4l°2(9"~4° Fast a disttttire o#'
l;,ra ~~ feet # and fr+~m which the S~cutlt«;cst sttmer al'said 1'`;c`•rth~';e,t I?~ bears
~Sn;~tlt t~~!"'Ct';-t"' l::ast a cEit,tnce of ~7~,~t~ fail.
tltert~e lc~,•:din~, aic! West lirrc Sautlt ~9°5~'~p" Faa tc~ tltt hssterly kti~~ht-vt=U~°ay ~nf
~`nrth I_.a~le K~~ud a ~list4enci• erf7C1.C3t~ feet, beiazg tha Pt_JI\"7' CtF~ BF(lNt*Jl~lt;;
rl.irt~~. ulc,n~ y:~ec1 lZi~ltt-oi-tri'c~~ the ti~)l~tw•itag thirteen l I Wit ca~urses;
~c-rcl~ itu ?p'3~l" West a ttistzrrtce ~f i4~.27 feet;
ti°r~rtf~ ~q°;~'~,~„ F:~tstacilst.tttt.~~ ttf lt)t~.{lTJ i"cet
lvorth t7tl'?~=,~,1'~ 1J4=est a d~tttner of 73.~< fc~r:t:
Sc+tath ~3~1 -tl't1~" 1i~etit a clistancc taf~~.t7t1 feet:;
l>or(h {tt, ?i~t' :l°~ S4'est a distance cf l l $.~ita legit:
'~lorth 89-.t 1't7" ln.~t a di~ta3ice c,f {x,[70 feet;
)tc,rrlt (tai=?.U=3~°' West a di~tana:e ot'?~).62 feet:
tic+nh l ]G;ll=~ti"' Fastadistanc~*c?f?~l ~{~ Ieet;
I~,ra-tta 0{a °?~<^3d<. ~='est ~t distaucc c,f i I d.~~ i`~t;
"vc±rttt Hy ,~'?~i' ("ast ~ distan~c „f3~..i'7 feet:
;~~~a~}i tJ+~' ~"''?h" Fat a ~1:;4ttt~'e t~f?fi.(tt} feet:.
'~+'~rEJ~ 8t, ,?`*:~ t1 +:sta dt~t,'aree of9$.3~ feet:
'.'c~rth s)it'~'p~.}° tq"cst to the ~cttttt~rly> i~ht-ref-Way at'eaYJ Franklin ltoaci a cls#rr
ttl` l~b_'~fr feet:
iltcttcG iea~ in ti~t~ Fasterl~ riglzf-cif=ur~y alc~n~ said Soutlterly° lti~ht-cJ:f~~Natis tip
tt>llowitt~~ iii e ! ti } ~t,urse4.
:4c>atih R~'; b';.t" f-:;ist a dis#attcc t~l'~I.~$ tt%et:
~ctuth i~t"?.,'~t"' last ~ distance of 109.1~fect.
Nor-tl~ t1tt~ its Z.{ ~~ ~bt a ~li5ta~aee of t ~ 1.~~ f'~°ei:
`~~t,rth ff7~dfi' l t?"° }past a ~t~,rznc:e r,f` ~ 1~.C1 feet:
tityutit'~~ft~'3Cf" East a di~tarice caf.zkg,g; feet:
page l 01' "?, Phase t
C~'."1''~-~UE4Si~i~rdr~ar a~h'4}ur• ~ • idsgn ir~~ySSt~T' ~ 4 ~ rstz,+sy P~euse 1 Ei~St+nda. ~;t
~9alrceiaxa~€t~337-i, h!~{:'.~o~
thanes lea~~itt~ said ~uutheri}~ Right-caf VvayE tattth (}f1°lf)'Gl" .~t to the l~carth~vest
earner taf `C +~ttc3t€ri~3 k L-i~~in~ Center ~ut?divsian \u»~her l re~carcied in Bcacak $y st ['ales
i l~3 l :~ thruuy~i7 1 tt1 t5 records oi~ Aida Cuttnt~,, ~ distarreca caf ~`Q.0{i feet;
the,~ce ~sloi~~ t},~• t~`est ba~r~. ltrtc cai"sai~3 ~tttad~~•i:;i~n youth °IU"i?t "' Fast a cii~t~nce
«9' 7 ~~~ l . l 8 i~et_
tf~etrcz ir2~in`~ s~iicl lVc~~;t hcann~ar~ litae'Vorih ~9°i'?'?ta~' t~'~~;t a distance caF 1$?•{~ feet;
titencc ~t~,r€}~ CEt~'tE'9'" ~b'est a ~ii,tince ~sf 1?fi.lci f~i
thence Sc,rcth ~i9 ~~'~?~, Vv~`est a distance af`=it~.fln irr~t;
thetaue?~'artla ~~"~'~~"' V4'est a Glistas~ce c,i~ 179.E-t I~et
t13c~~ce l*}~nFa €i~lGl'3i3" V~a`est a ~istanre caf 1~, 12 t~et;
thence 1lrarth ~~~ "?~'~~" Vest a tlist:rnce ~,t ~Q.?:3 fit;
thcnc~ i+~itrtl tJ€)' 1t~'3~" V~~est a distance ~f i`~`~_#~1 feel;
tlie~ae~ ~~,rt?i £i~7" 2"'~a" ~~;est ~ distance of~Cb.ti{l Feet:
th~n~e'ticanla ~t~ ~~'3~" ~'et a disttulc:e of 31.5.39 feet the PC}iN"i° t~F HI>(INNiNCi.
said T'arccl contains apprc~xirnatel~~ 1 ~.?~ acres more. car less, artci is sUbjeci t<a all. cxistin
eascrttents ;:end ri~,llts-of=wa, ~ 6f rccc,rcl gar i.tttplieci:
t~etwetlt H. F`~~tii; P,L.~S. S~R~S
1°irrtlacrlin~ `un'e~tag
$~d1 Park ['entry 1~`ztw. ?uite 3
tian,P~, lclal~tca fi6~ I
'?tl8-~~~-~~"~
Page '2 cai`?, Phase 1
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~~' ~i ti -~ ~ =k+ ~ ,~,r~ (~;; r rVi Ica i:: fi.9rn ~l,~n ix~~ac~' nr~ e . Ecgaks'i S ~R €e~~~g IkJa~e 6 E~ns~trJar}E t.ep~€ rtv'rstd CIWi 1 a~ % fMji3t' a~u..,
I_.1/~CTAL L~C~a('Ril"~'Tt31`
~~,RL?I~tFR ~,I~Lt:l1~Tt~7.11i:~4r~#Y ~L ~L1iVi~1C~~ 1~1t~F3~;~t?
A parcel ol" l~~~i hero; 4~ portic~tra r+f ~,P~atatt,~tte Park Suhdivision)L3t~t~~ 17 at Pale 1 lU7 ~~`
plan at}d heit~~ 4t~+.tatc~l it7 the '~ic~rtti~tie.si 1 -~ o the Ttitsrtli~w~•c~E } '~ ofScetitan l~,
Tctv~nsliip 3 l+Jcn-tlt. Rszn~,>G 1 k;~tit. F~c~ist 14'l~~rclian. C°it~ caf i`~~eridian, At3a t='cru~~ty, Idaltc~
and des+eribed a~; #~~lt~,v~Ts:
13a:~:is f^i' B~artt~ t?citt~ the ~~°pest line of`the t~orthw~~est 1:~4 of~~i+~ Section 16 derived
frur.~ ttttrt}~ mc~ttaiul~:ntti end taken ss Ntih bb`~~dl'3~"' Vvest and ci~-t,~ticc betw~eet~
tri~itun,~ei~8~ fc~ttt>d t~+ he 2ti~ ~.t11. fit.
~'~'~9IG~~PEi2»iC;~ItiCa at a brass oafs ntc~taument rrsarki3~~ ~c l~l~+rth~est earner caf the
l~}arth.~~est !r'4 gat `ectiott !h. 7"t,~t~•ashils ~ Nc~rtta, ?KGtnc i ~,ast, $oise Iv[eridan,
t)tciree long the ~'~`est 1in~ +_7fsaid l~ntthiurest 1~ South t)b°2t~'3~" .F:t distartc~ oi'
$~r.~~ feet and frc,m ~~hicit tE~e ~*.~uthv4est+~orner c~fsaid l~lcsrthv:est 1rq kx:ars
S~ttth !~U"?(t`3~#" Fast .a dis[~ttc~c'taf` 17?~fi.4ti feet,
thcttce (cap°in~ sttitt t~l~'est liras Scautla 89"~9`~C~" !vast w tlat FaSterJv Right-t~f-may trf
`'xth 1=<~~~le Road., a €~i4tance caf 7b.C1tt let heinrz the l't;~iP~T~ CSI" 13~.L:~~di~T'.`~1G,
tltet7~ e tea~~ing said Ett,Stcrly C~ight~~tl=tA~a}r South ~'~°?$'~5" Fast a distance of 3 ] l a.,39
i',;et:
thettit~ `±i:~~ith ~93.'a.~"~3"' Vast 3 dit:tat~ee of ~Gt.t~b feet;
thence ~c,ut}~ t?~°1b' i~" l=ast ~t eti4tance of 1 ~2.C11 feet,
thtn~'c ~t,utlt R9°2$'9" }i""a..t a ~3itit~tlee c,f 1 ~{l:?~ lest,
thence ac+uth t~U`''1Cl'~$" Fa.~t a c}istt~tcs. ~±1 lfa.l,~. feet:
ti~erree South $~~b'~~" F.:~st $ ~istan~ce a~f` 179,74 fact;
7ltence ltic~rth ~~'"~~'~~" East a di~tancE~ t~f 4[l.bb feat
tltetac~~ ~;t~ttth ~?C~"E"?~'t~~)'" 1".asi ~r iti4t;~rtce ctf l~(1.I6 fa:.ct•
thcnc<< ~~~uth ~r#'12'~t?'" Dist a distance s~fS.16 1`eet;
tl~et3ce .tl~~n~ a~ ns~n tangent titr~.e t~ the rich€, txottt a tactgent a=hicl~t tears
5+7~tth Ct~t'' 1 ~"~S" i>krest, with ,~ radau, {,i° ~.$7 feet and a eerttxal axagle ~l"9tt°31`~S" an arc
let.~th tat l t11,~~ feet ~~it:h a cP~ctrd l~ettring eaf South ~5" a't~7" t~'est, and a chard.
cti~t:~nce tai 9l .~~ fcet~;
tt~ence'~«r°th 89"l~'2b" Vvest ~t distance c,t 4t1. t~ feet;
tfiettce ~c~uth fl~"4f~'{l9" >F:~t to -the orE}url~ Right-c,f-~~t~z tal'St. Cjltes Street:, a
~fist•ttt+ee of l ~~F.t4 ieet;
tlee.n~c aPon~, s3ic3 Norther[ !tight-~~l-t~~ ~, "~lortla fty`'~°7°€tt3" west to said F..~.ster9~=
~i~Pub-~,t-~~'a~. sc-i4t.~t~cc ~f~~5.?ti #eet_ W
th~n~:e li:a~ ins sait4 '`s~rtl~erlt Right-~f-~~'a~, attd a1«ang lid Easterly Ri~lat-of-V4'a}~ the
tO}1~~~';rlk: IZ~.'+'~ (~ 1 CflLlrV%S;
~ak`.~ ~ to '. l~lli~~ '
;~ ~~ ri~diardiei 'Uuyu4 !~a~~~,i;;anC,~V~ct~.l~~,,~,+;:sr;~r~+v~gry~i~2}3c~ndsitl.I~rrtt~t19E1-~)?M?~i~,'~x
~+~n a nt~n tangent eur~re t~~ thr 1c:~, #a~m a tazz~e~t whrc;#t F,es
t~i~a~:h C){3~1"3b"" ~~~t, v~~ath a r~c~izts of 5,79~.~$ feet and k~avin~;, ~ ~ c~~treil ~rt~te ref
Q~`~0'U~", a ten~tll t,C~i7.75 feet. ~~hc~t•+~ laearit'g,~f'~t~rth ~}[~`~tt~t'?~'" 4~`est, ~?,'7`5
ft
then ~carth ~JCt~1'~~" '4~•'est ~ r~st~ec of~tl$,~9 fit tc~ the P~~7' ~l
F3~~"r1~~'ti~rl..
aid 1'~rc~ l t uttt~ti71.~i u~l~rE,~matcl}' h.fi~ acres Havre OC l~w~, alit is s~tb,~ect tc~ alI exstirt,~
~~srr~rtfts an~1 r~~;ht~-cif-.~ra~rs ~frectwrd ar imF~lc~.
E~N3~ ~ I~~SC'.~'T1C3`~3.
~e~u~et~~ II. ~`sar~~. P.T..S. X1$9?
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Exhibit A.8 -Concept Plan
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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-SB-4E of the UDC to review the variance request. In order to grant a variance, the Council
shall make the following fmdings.
a. The variance shall not grant a right or special privilege that is not otherwise allowed in the
district:
The Applicant is requesting approval to construct up to 35 feet of the required 35-foot wide
landscape buffer along Eagle Road within the ROW instead of at the subdivision boundary as
required by the UDC. Staff is generally supportive of this request as the ultimate build-out of
Eagle Road results in some surplus ROW. Additionally, the ROW width in this area is quite
irregular and would result in a jagged buffer if constructed as required. If the Applicant provides
a 35-foot wide street buffer measured from the future back of sidewalk and landscaping in
accordance with the standards in UDC 11-3B-7C, Staff finds that a special privilege will not be
granted to the Applicant.
b. The variance relieves an undue hardship because of characteristics of the site;
When ITD purchased the subject right-of--way, 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.
Staff finds that allowing the landscape street buffer variance on Eagle Road will not be
detrimental to the public health, safety, and/or welfare.