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11/15 Staff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 STAFF REPORT HEARING DATE: TO: FROM: SUBJECT: ;~~ ~ N'! November 15, 2007 NOV ~ Z 2007.J~ (Continued from October 4, and 18, 2007) C;it Planning & Zoning Commission Sonya Wafters, Associate City Planner 208-884-5533 Meridian Town Center • AZ-07-012 City ~ ~ ke~~an E IDIAN IDAHO Annexation and Zoning of 258.39 acres from RUT & R6 (Ada County) zones to C-G (General Retail and Service Commercial) zoning district. • VAR-07-017 Variance to UDC 11-3H-4 which prohibits new approaches from directly accessing a state highway at points other than the section line road and the half mile mark between section line roads; Applicant is proposing 4 right- in/right-out access points (2 on each side of State Highway (SH) 55/Eagle Road) and 2right-in/right-out/left-in access points (one on each side of SH 55). 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, CenterCal Properties, LLC, has applied for Annexation and Zoning of 258.39 acres from RUT and R6 (Ada County) zones to C-G (General Retail and Service Commercial) zoning district. (This is the annexation area, the actual property is approximately 244 acres.) A Variance is also requested to UDC 11-3H-4 that prohibits new approaches from directly accessing a state highway at points other than section line roads and the half mile between section line roads. The Applicant is requesting approval for 4 right-in/right-out access points, two on each side of State Highway (SH) 55/Eagle Road and 2right-in/right-out/left-in access points, one on each side of SH 55/Eagle Road located approximately t/a of a mile north of Fairview Avenue. The applicant is also proposing to construct/re-construct a full access, signalized intersection on SH 55 located approximately 1/z mile north of Fairview Avenue (River Valley Street); a Variance is not necessary for this access point as it is located at the half mile mark between section line roads as allowed by UDC 11-3H-4B2b. The Applicant has submitted a conceptual development plan (attached as Exhibit A.2) that shows how this property may develop in the future. The overall plan shows 2,607,925 square feet of building area, which consists of 1,355,775 square feet of retail area (retail, anchors, shops, & pads); 897,300 square feet of office area; and 354,850 square feet of residential area. The plan also shows access points to/from SH 55/Eagle Road and E. Fairview Avenue, the extension of Records Road through this site, the extension of E. River Valley Street from SH 55 to Records Road, and driveway connections into the site from Venture Street at the east boundary. The subject properties are located on the northeast and northwest corners of N. Eagle Road and E. Fairview Avenue. The properties consist of three parcels in Ada County. The site consists of vacant undeveloped land that is currently being used as a turf farm. This property is within the City of Meridian's Area of Impact and Urban Service Planning Area. After the original concept plan was transmitted to agencies, the Applicant submitted a revised concept plan (dated September 27, 2007, included as Exhibit A. 6), which added floors to proposed Meridian Town Center AZ-07-012 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 structures but did not change the layout of the structures. These changes are documented in a memo attached as Exhibit A.B. 2. SUMMARY RECOMMENDATION Staff recommends approval of A~07-012 and denial of VAR-07-017, as presented in the staff report for the hearing date of November 15, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions proposed in Section 10. The Commission is not required to make a recommendation on the Variance application. NOTE TO COMMISSION REGARDING FUTURE OWNERSHIP AND CONCEPT PLAN This is a large project with many development details yet to be resolved (e.g., Eagle Road improvements and access, exact building locations and uses, elevations, traffic impacts, timing of improvements, etc.). As you know, on large projects it is often difficult for the developer to plan for the full development of the site. You will note as you review this application that we have a fair amount of detail regarding the development at the northeast corner of the Fairview/Eagle intersection, but we have less detail in other areas. The level of detail in the concept plan is related to the future ownership of the property. Currently the property is held in common ownership between Eugene and Walter Kleiner. The applicant for the project is CenterCal properties. Eugene Kleiner will retain ownership of the 60 acres at the north east corner of the annexation site. His intent is to develop the property as a park and dedicate it to the City. The plans for the park site are still being developed and we have no details at this time. With regard to the northeast corner of Fairview/Eagle intersection, this property is under contract by CenterCal and will be the first area to develop. As noted previously, we have a fair amount of detail and certainty regarding the concept plan for this area. The remainder of the property will be held by the Walter Kleiner family. Some of the property may be developed by CenterCal, but it may be just as likely developed by another group. This being the case, the applicant has requested that Staff prepare the report by analyzing the property in three sub-areas related to such future ownership. Staff has provided unifying concepts for all three sub-areas, provided detailed recommendations on access, and proposed asquare-footage limit for the proposed office, retail and residential uses on the subject site. However, many of the other Development Agreement (DA) provisions Staff would typically include in a staff report for an annexation only request are not included herein (e.g., elevations). Staff recognizes that the market trends over time will affect how this property is developed and flexibility is necessary given the size of the development. Staff has prepared a staff report that we believe provides adequate assurances that this property will develop in a manner that is in the best interest of the City. Staff recommends that the Commission and Council include any additional DA provisions that may be appropriate. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number AZ-07-012 as presented in the staff report for the hearing date of Novemberl5, 2007, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number AZ-07-012 as presented during the hearing on November 15, 2007, for the following reasons: (State specific reasons for denial of the annexation request.) Meridian Town Center AZ-07-012 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ-07- 012 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: The subject properties are generally located on the northwest and northeast corners of SH 55/N. Eagle Road and E. Fairview Avenue, in the southeast'/ of Section 5, Township 3 North, Range 1 West and the southwest % of Section 4, Township 3 North, Range 1 West. Referenced as Ada County Tax Parcel Numbers: 51105449011; 51104346603; and 51104438800 Although there are only three tax parcels (one on the west and two on the east), the applicant has submitted documentation from Ada County Development Services that there are four legal properties associated with the annexation (one on the west and three on the east). We have attached this documentation as an exhibit in the staff report. b. Owner: Walter Herman Kleiner and Elizabeth Kleiner 1795 N. Eagle Road/3600 E. Fairview Avenue Meridian, Idaho 83642 c. Applicant: CenterCal Properties, LLC 7455 S.W. Bridgeport Road, Ste. 205 Tigard, Oregon 97224 d. Representative: Ashley Ford, WRG Design, Inc. (Applicant's Representative) e. Present Zoning: RUT & R6 (Ada County) £ Present Comprehensive Plan Designation: Mixed Use -Regional g. Applicant's Statement/Justification: The proposed Meridian Town Center project will make the rapidly growing community of Meridian a new `center-of-gravity' for the citizens and out of town visitors alike. The initial project concept plan shows approximately 2.5 million square feet of retail, entertainment, restaurant, and office space. Meridian Town Center will offer an exceptional tenant mix and presentation to the customer anywhere to be found in the Boise metropolitan area. With the site located on the northeast and northwest corners of Eagle Road and Fairview Avenue, the development will enjoy the highest daily traffic counts to be found in the state of Idaho, exceeding 90,000 vehicles per day. At this intersection, Meridian Town Center will be well positioned to serve the strongest household demographics in the Boise region. Meridian Town Center will provide a broad selection of apparel, home goods, entertainment and restaurant opportunities, offering the discriminating shopper an experience not available in the region. Through a generous donation to the community by the Julius M. Kleiner Memorial Park Trust, Meridian Town Center will be fully integrated with a 60-acre park. (Please see Applicant's narrative for more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By Meridian Town Center AZ-07-012 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. Newspaper notifications published on: September 17"', 2007 and October ls`, 2007 c. Radius notices mailed to properties within 300 feet on: September 7`t', 2007 d. Applicant posted notice on site by: September 21, 2007 6. LAND USE a. Existing Land Use(s): The site consists of a couple of homes and several outbuildings. b. Description of Character of Surrounding Area: This site is surrounded by various commercial uses (zoned L-O, C-G, & I-L), a school (River Valley Elementary), and single-family residences. c. Adjacent Land Use and Zoning: 1. North: River Valley Elementary School, zoned R-4; offices (Stokesberry Subdivision), zoned L-O; vacant land and single-family residences, zoned RUT (Ada County); and single-family residences (Redfeather Estates Subdivision), zoned R-4. 2. East: Single-family residential (Clover Meadows Sub. & Venture Sub.), zoned RUT & Rl (Ada County); Bank, zoned C-G. South: Commercial uses (Treasure Valley Business Center & Crossroads Shopping Center), zoned I-L & C-C. 4. West: Church (Capital Christian Center), zoned L-O; and Packard Estates Subdivision, zoned R-4. d. History of Previous Actions: None e. Existing Constraints and Opportunities 1. Public Works Location of sewer: N Eagle Road Location of water: N Eagle Road, Venture, Tweedbrook, Fairview and Chateau Drive. Issues or concerns: The applicant will be responsible to supply sewer service to E Meadow Wood Drive and Venture Street. 2. Vegetation: Existing trees on the site that should be protected or mitigated for when this site develops. 3. Floodplain: This property is not within the floodplain. 4. Canals/Ditches Irrigation: The Downey sub-lateral runs across the northern boundary of this site. The South Slough runs across the northeast corner if the site that is east of SH 55. The Applicant will be responsible for any tiling of ditches that maybe required with development of this site. 5. Hazards: Staff does not know of any natural hazards associated with this property. 6. Proposed Zoning: C-G (General Retail and Service Commercial) 7. Size of Property: 258.39 acres f. Summary of Proposed Streets and/or Access: The conceptual development plan submitted by the applicant shows 4 right-in/right-out access points, two on each side of State Highway (SH) Meridian Town Center AZ-07-012 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 55/Eagle Road, and 2right-in/right-out/left-in access points, one on each side of SH 55/Eagle Road located approximately 1/a of a mile north of Fairview Avenue. The applicant is also proposing to construct/re-construct a full access, signalized intersection on SH 55 located approximately 1/z mile north of Fairview Avenue (River Valley Street). A variance is requested for approval of these proposed access points to SH 55. On the portion of the site that is west of Eagle Road, the plan shows lfull-access point to Eagle Road where River Valley Street currently exists (this will be a signalized intersection), 2 right- in/right-out access points to/from Eagle Road, 1 right-in/right-out/left-in access from Eagle Road, 2 access points to/from Fairview Avenue, 2 driveway connections to the private street along the north boundary, and 1 driveway connection to River Valley Street to the north. On the portion of the site that is east of Eagle Road, the plan shows lfull-access point to Eagle Road where River Valley Street will be extended (this will be a signalized intersection), 2 right- in/right-out access points to/from Eagle Road, lright-in/right-out/left-in access from Eagle Road, 3 access points to/from Fairview Avenue, and 1 signalized, full-access point (Records Road) to Fairview. Records Road is proposed to be constructed from Fairview Avenue through the site to River Valley Street at the north property boundary. River Valley is then shown as connecting to Eagle Road, as a signalized intersection. Two driveway connections are proposed at the east boundary of the site to Venture Street for interconnectivity with the adjacent residential subdivision. In addition to Records Road, two driveway connections are proposed at the north boundary of the site to the proposed River Valley Street. Five driveway connections are conceptually shown to Records Road on both the west (commercial} side and east (park) side. Several internal drive aisles are proposed for access within the site. These aforementioned access points and other access issues are discussed at length in section 10 of this report. Due to the fact that this is only an Annexation application, ACRD has not submitted formal conditions of approval. However, due to the size of this project ACRD did submit comments on this application that are included in Exhibit B of this report. City Staff has been in contact with ITD and COMPASS Staff and is working with the Applicant's traffic engineer on a scope for a traffic study. Neither ITD nor COMPASS has submitted formal comments to the City on the subject project. Staff is recommending denial of the proposed access points to Eagle Road. Further, because ACHD and ITD are the road authorities for the existing and proposed public streets and highways, the Applicant must obtain approval from both agencies regarding approval of access points to Eagle Road, E. River Valley Street, Venture Street, and Fairview Avenue. Staff does not support the two driveway connections shown near the northwest corner of the site, west of Eagle Road. There is an existing public street, Chateau Drive that connects to River Valley Street through the elementary school site. Staff believes that driveway connections to/from this site should only be allowed to public streets, not private property. Staff recommends that the applicant work with the School District on making the existing private access between Chateau Drive and River Valley Street, a public street connection. NOTE: Staff has not received any comments from Valley Regional Transit (VRT) but believes there is a great opportunity to plan for bus service within or alongside this development. Staff is recommending that the Applicant contact VRT prior to the City Council meeting to see if there is any opportunity for bus shelters, bus stops, bus pull-outs, or park and ride areas in this area. 7. COMMENTS MEETING On September 14, 2007, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and Meridian Town Center AZ-07-012 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 recommended actions in the attached Exhibit B. Because this is only an annexation application, there are no conditions of approval; all applicable provisions are proposed in three Development Agreements. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed Use-Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R designation allows for over 200,000 square feet ofnon-residential uses, residential densities ranging from 3 to 40-dwelling units per acre, mixed use neighborhood and mixed use commercial uses, as well as regional commercial uses such as entertainment and employment centers and clean industry. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis below policy in italics): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed 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 Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by 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 and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. • Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Staff finds that the site is designated for a mix of uses on the Comprehensive Plan Future Land Use Map, The applicant has proposed a horizontal mix of uses including park site, retail, office, and residential. The applicant has also proposed some vertical mixed use in the CenterCal portion of the development. Staff believes that over time, a variety of public recreation, commercial, retail, office, and residential uses will be provided on this site. • Chapter VII, Goal IV, Objective D, Action 4 - "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." Upon development of the property, a minimum 35 foot wide landscaped street buffer will be required along E. Fairview Avenue and N. Eagle Road, classified as principal arterial streets and entryway corridors. Buildings and parking will be setback from these streets at least the width of the required buffers. Meridian Town Center AZ-07-012 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 • Chapter VII, Goal N, Objective D: Encourage appropriate land uses along transportation corridors. The applicant is proposing a mix of public recreation, commercial and residential uses. Staff believes that the proposed development is appropriate along the adjoining transportation corridors (Fairview Avenue & Eagle Road). The future residents in this area will have services within walking and biking distance. • Chapter V, Goal III, Objective D, Action 5 - "Require all commercial businesses to install and maintain landscaping." The Applicant is not specifically proposing to install any landscaping with the subject annexation application. Upon development of this site, all commercial businesses will be required to construct internal and perimeter landscaping. Said landscaping must be installed prior to issuance of Certificate of Occupancy of the proposed building(s) on this site. • Chapter IV, Goal I, Objective A, Action - "Permit new... commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." This property is contiguous to the City and sanitary sewer and water are readily available. • Chapter VII, Goal IV, Objective A, Action 6: Require screening and buffering of commercial and industrial properties and residential use with transitional zoning. Upon development of the property, a 25 foot wide land use buffer will be required along the boundaries of the site that abut existing residences.Future commercial uses on the property will be required to provide screening and buffering to the existing residences, in accordance with the UDC. • Chapter VII, Goal I, Objective B, Action 5: Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. The subject properties are located on the corner of two principal arterial streets on one of the busiest intersections in the State ofldaho. This makes the site an ideal place for a mixed use development. A movie theatre is proposed to be constructed in the first phase of development, which will serve the adjacent neighborhoods as well as draw in a regional customer base. Staff believes that the proposed uses transition to and integrate with the established uses in this area. • Chapter VII, Goal N, Objective C, Action 10: Support a variety of residential categories (low-, medium-, and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The proposed lifestyle center located in the middle of the project is a vertical mixed-use project with retail uses on the bottom floor with office and residential units above. Staff believes that the proposed residential units contribute to the variety of housing opportunities within the City. • Chapter VII, Goal V, Objective A, Action 7: Continue promoting quality mixed-use developments in accordance with the Future Land Use Map. The Future Land Use Map designates this property as Mixed Use -Regional. As such, this property should offer over 200, 000 square feet of commercial space with uses including neighborhood commercial, commercial services and residential uses and a 60-acre park site. The proposed lifestyle center is envisioned to be a regional commercial destination that may include several housing opportunities. Meridian Town Center AZ-07-012 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 • Chapter VI, Goal II, Objective A, Action 13: Review new developments for appropriate opportunities to connect to local roads and collectors in adjacent developments. Records Road/Alleys Way is a planned collector roadway just north of this site. The proposed development will connect Records Road from Fairview Avenue to River Valley Street and stub records to the north property line to connect up to Ustick Road. The applicant is proposing to access existing local roads to the east, west and north. The following are Mixed Use development standards that serve as general guidelines for development in Mixed Use areas that are applicable to the proposed development: • Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55, or 69. The subject property is located adjacent to SH S5. The proposed development will serve as a major employment center in this area. Multi family dwellings are shown on the concept plan on the eastern portion of this development and also centrally within the development, over shops (vertically integrated).By not restricting the number of allowed dwelling units, we have left open the possibility for additional housing units as can be supported by market demand. • Where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or, depending on the scope of the development, prior to a formal development application being submitted. The Applicant has submitted a conceptual development plan with the subject AZ application showing how the property may develop in the future. Although the project will not necessarily be constructed in true phases, the property will not be developed all at once either. The first portion to be developed will be the CenterCal ownership area located on the east side of SH S5, west of the future Records Road and south of the northernmost access point shown to SH SS, generally south of River Valley Street. • In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. The concept plan depicts office buildings on the northwest side of the site arranged around a large common area on the portion of the site that is west of SH S5. On the portion of the site that is east of SH SS, buildings are situated so that they surround a large plaza area. The theatre/shops site along with another building planned for shops/office also appears to include a plaza. • Where the project is developed adjacent to a low or medium density residential use, a transitional use is encouraged. Transitional uses are shown on the concept plan adjacent to low & medium density uses in the form of offices and multi family residences. Higher intense uses (retail & restaurants) are proposed internally within the development and adjacent to the transportation corridors. • A mixed use project shall include a principal use (retail, office, professional or residential) and at least one other type of land use. The proposed mixed use project consists of retail, professional office, residential uses, and a 60- acre public park. Meridian Town Center AZ-07-012 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 • All mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The concept plan shows vehicular/pedestrian connections from Venture Subdivision to the east and Packard Estates Subdivision via Chateau Drive from the west. There is existing unopened right-of--way into the future park site (northeast corner of the site). The applicant should be required to provide access to the proposed public park from Green Meadow and Meadow Wood Streets. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2B-21ists the permitted, accessory, and conditional uses in the C-G zoning district. Retail Stores, restaurants, financial institutions, fuel sales facility, personal & professional services, parks, and other uses, are listed as principal permitted uses in the C-G zone. 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. Dimensional standards for the C-G zoning district, per UDC Table 11-2B-3: Front setback in feet 0 Rear setback in feet 0 Interior side setback in feet 0 Street landsca a buffer in feet Local 10 Collector 20 Arterial 25 Landsca a buffer to residential uses in feet "* 25 Maximum buildin hei ht in feet 65 Maximum building size without design standard a royal as set forth in 11-3A-19 in s uare feet 200,000 Parking requirements See Chapter 3 Article C OFF-STREET PARKING AND LOADING REQUIREMENTS Landsca in re uirements See Cha ter 3 Article B LANDSCAPING REQUIREMENTS *All setbacks shalt be measured from the ~iHmats ti~M~of way for the stre~.t` cI~sSE~tiorj s I adopted Transportation Pian._ - ~ ;:~~ -, ~ , . *#minimum setback ksnly aiiov~eti wait ~et~se t2f ~kis~stag resiitlerltiai strtlct , : ~: - ~ r I ***Where the adjacent p~'y. is ~a~r•+t, the Qirec#ocs#talt defer.~ine~ ~ aklj~erlt.p~~ c~ the Comprehens#ve Plan des~tation. - , ~ , .--, , - ,~, k~_ 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation AZ Application: Please see Exhibit D for detailed analysis of the UDC required facts and findings. The annexation legal description submitted with the application (prepared on August 20, 2007, by Michael Byrns, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. Parcel Configuration: The subject 258.39 acre site consists of three tax parcels currently in Ada County, zoned RUT & R6 that have not been previously platted. The site currently consists of Meridian Town Center AZ-07-012 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 vacant undeveloped property. The Applicant is proposing to reconfigure the parcels to reflect the future ownership, as depicted in Exhibit A3. As noted previously, although there are only two tax parcels on the east side, the applicant has submitted documentation from Ada County Development Services that there are three legal properties associated with the eastern annexation area. Because the proposed DA provisions are set up to reflect this proposed parcel configuration, it is important that the applicant create these parcels prior to entering into the development agreement negotiations. Therefore, the applicant should prepare and record the necessary legal descriptions and quit claim deeds to accomplish the ownerships as depicted in Exhibit A.3 prior to approval of the annexation ordinance. Although the City will have no approval authority in this matter, we ask that the applicant allow the City to review the legal descriptions prior to recordation for compliance with the proposed DA provisions. Zoning Districts: The Applicant is requesting that the entire site be zoned C-G. The Comprehensive Plan Future Land Use Map designates this property as Mixed Use -Regional. The requested C-G zone is generally consistent with the land use designation for this property. Because transitional zoning is not requested with this application, Staff is including a Development Agreement provision that only park, office, and residential uses be allowed along the boundaries of the site that are adjacent to existing residential uses, as shown on the concept plan. Concept Plan; The applicant submitted a conceptual site plan for this site showing how the property is planned to develop in the future. The overall plan shows 2,607,925 square feet of building area, which consists of 1,355,775 square feet of retail (labeled as retail, anchors, shops, restaurants, & pads); 897,300 square feet of office; 354,850 square feet of residential uses; and, a 60 acre City park site. UPDATE: On 9/27/07, the Applicant submitted a revised concept plan, dated 9/27/07 included as Exhibit A.6; Staff prepared a memo dated 10/10/07, included as Exhibit A.8 that describes the revisions. Staff is including a provision that allows a change of plus or minus 20% of the square footage of any individual retail/office/commercial building or collection of buildings shown on the revised concept plan. Further, residential uses should be developed on the property at a minimum total square footage of that currently shown on the plan, not as a maximum, subject to market demand. If the applicant chooses to remove the residential uses completely, they should get a modification to the DA. Any retail or office use as noted on the plan may include vertically integrated residential as part of the project without modifying the DA. Staff believes that the proposed mix of uses shown on the concept plan complies with the Comprehensive Plan Future Land Use Map designation of Mixed Use -Regional for this site. The plan (attached in Exhibit A.2) shows the property divided in three phases that generally reflect the ownership patterns. It is important to note that although the Applicant has included all of the property to be annexed on the concept plan, the portion of the property owned by Walter Kleiner that encompasses the area shown as DA #2 in Exhibit A.3 will be retained by Mr. Kleiner and may be developed at a later time by a different developer. For this reason, the Applicant (CenterCal Properties, Inc.) is not able to provide anything more than a rough concept of how this portion of the property depicted as DA #2 in Exhibit A.3 may develop in the future. Because of this, Staff has provided minimal analysis on this side of the project. Included in the proposed DA for this site is a provision that requires a subsequent concept plan be approved by the City Council, prior to construction of any buildings on this side of Eagle Road. The area shown as Phase 1/Phase 2 on the concept plan, located on the east side of Eagle Road, consists of 87.97 acres and contains 1,318,825 square feet of building area consisting of anchors, shops, pads, office, and residential uses in 29 structures. The largest of these structures consists of 180,000 square feet. The buildings in the central portion of this area are situated so that they surround a large plaza area. The area where the theatre and shops are proposed also includes a Meridian Town Center AZ-07-012 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 plaza. Staff supports the plaza areas shown on the concept plan as well as the drive aisles with parallel parking on each side of the aisle as these driveways link the shops together and should lend a unifying feel to this development. A total of 5,065 parking spaces (standard, on-street, structured) are proposed for this portion of the site. A theatre is proposed within this area that is planned to be one of the first structures built. Residential units are proposed above some of the shops shown near the theatre location. Staff strongly supports the vertically integrated residentiaUcommercial uses shown on the plan. The Applicant has stated that the area shown as DA #3 in Exhibit A.3 (shown on the concept plan as part of Phase 1/Phase 2, excluding the four buildings north of the proposed right-in/right-out driveway to Eagle Road) is more of a detailed concept plan than the other areas shown as Phase 3 (east), Phase 3 (west), or the 60-acre park on the concept plan. The portion of the site shown as DA #3 is proposed to be developed first. As such, Staff has spent more time analyzing this portion of the annexation area and has provided more DA provisions for this area. The area shown as Phase 3 (west) on the concept plan, located on the west side of Eagle Road, consists of 71.99 acres and contains 956,500 square feet of building area consisting of office and retail uses in 22 structures. The largest of these structures is proposed for multi-tenant retail uses and consists of 200,000 square feet broken into six retail stores ranging from 20,000 square feet to 60,000 square feet. Office uses are proposed along the west property boundary adjacent to the existing residences in Packard Estates Subdivision and along the north boundary adjacent to the school property. Staff supports the location of the office uses adjacent to existing residences as a transition to the more intense commercial uses proposed to the south. However, Staff is not supportive of fully segregating the office uses from the retail uses on this site. Structures on the northern portion of the site are arranged around a central common area for a courtyard effect. Staff strongly supports the design of this area, but recommends that some retail and/or residential land uses be added to the northern half of this site. Likewise, Staff recommends that some office and/or residential uses be added to the southern half of the proposed site (currently all the uses are shown as retail). Further, for addressing purposes, Staff recommends that anorth-south, either private or public street be constructed in this area. A total of 3,379 parking spaces are proposed for this area. The Applicant has stated that the concept plan for this area is very conceptual in nature as it will be developed at a later date by most likely a different developer. The area shown as Phase 3 (east) on the concept plan, just west of Venture Street, consists of 20.16 acres and contains 332,600 square feet of building area consisting of office and residential uses in 10 structures. Residential and office uses are proposed along the east property boundary adjacent to existing residential uses in Venture Subdivision. Staff supports the location of the office and residential uses adjacent to existing residences as a transition to the more intense commercial uses proposed to the west. A total of 1,178 parking spaces are proposed for this area. This area is also very conceptual in nature as it will also most likely be developed at a later date by a different developer. This area is included in DA#2 with the area west of Eagle Road, and the 20 acres south of River Valley Street. A 60-acre park, shown at the northeast corner of the site, is proposed to be donated to the community by the Julius M. Kleiner Memorial Park Trust. The park will serve as a buffer between the commercial development and the adjacent existing residences in Redfeather Estates Subdivision and Clover Meadows Subdivision. A section of unopened right-of--way exists that abuts the site at the east boundary of the park and the west boundary of Clover Meadows Subdivision where Green Meadow & Meadow Wood streets terminate. Either additional right- of-way should be provided for the construction of a street to link these two streets together or cul-de-sacs should be constructed on the site for turnarounds. In either case, the remaining portion of unused right-of--way, if any, should be vacated. A stub street (N. Tweedbrook Avenue) Meridian Town Center AZ-07-012 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 also exists at the north boundary of the park site from Redfeather Estates Subdvision. This street should be extended into this site and connected to another public street within the development or a cul-de-sac for a turnaround should be provided on the park site. The Applicant should work with the Parks Department on the design and dedication of the park. Staff is very appreciative and supportive of the proposed park donation and believes that it will serve as a great amenity to this development and the community as a whole. Staff has reviewed the overall concept plan and offers the following comments: 1) Staff likes the location of the buildings proposed directly adjacent to the transportation corridors with parking to the rear and sides of the structures; Staff would like to see more structures built in these areas to screen the parking lots from adjacent streets. 2) Staff likes the design of the buildings around the large common area shown at the northwest corner of the site, west of SH 55. Staff would like to see an amenity like this included in any future concept plan; 3) Staff likes the design of the shops around the plaza area shown centrally on the east side of SH 55 and the plaza area in front of the theatre and shops; the general configuration of the plaza areas and buildings should not change in these areas. Amenities such as water features, benches, on-street parking, vertically integrated buildings, stamped concrete crosswalks, and a mix of restaurants, retail, office and residential uses should be provided as proposed (provided in DA #3); 4) Staff likes the design of the parking shown in front of the large multi-tenant retail building along the west boundary of the site, west of SH 55 (see example in Exhibit A.4); this parking concept should be incorporated into the site/parking design east of SH 55, between the stand alone pad sites along SH 55 and the lifestyle center wherever possible and where consistent with the design concept (provided in DA #3); 5) Staff likes the vertically integrated residential uses proposed above the shops (provided in DA #3); 6) Staff likes that office and residential uses and a park are proposed adjacent to existing residences to the east, west, and north of the site to serve as a transition to more intense commercial uses; these uses shall not change along boundaries adjacent to residential uses (provided in DA's #1, 2, and 3). Staff is including the items discussed in this section, as well as other provisions listed below, in the Development Agreements for this project. Parking Lot Layout: The concept plan depicts building pads and structures located directly adjacent to SH 55/Eagle Road. Staff is in favor of the location of these pads/structures as they allow for buildings to be located close to the street with the majority of the parking to be placed behind or at the sides of the structures, creating a better curb appeal for the site than an expanse of parking. Staff is in favor of the design of the parking area shown in front of the largest retail building along the west boundary of the site, west of SH 55 (see Exhibit A.4 for example). This concept should also be used for parking areas on the east side of SH 55 (see Exhibit A.8). If access points to SH 55 and Fairview Avenue are approved, the Applicant should submit a plan showing pedestrian and primary access drives and parking within the site. Parking spaces cannot exceed 12 in a row without an internal planter island; the concept plan shall be revised to comply with this requirement. Staff is including Development Agreement provisions as discussed in this section. Site Design: This site is located in a highly visible intersection of the City. The importance of this location makes quality design essential. The Applicant has not submitted conceptual Meridian Town Center AZ-07-012 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 building elevations of what the structures on this site may look like. The Applicant shall submit architectural standards for development of the subject property prior to the City Council hearing. An oral and visual presentation should be made by the Applicant at the Commission hearing. Staff believes there are benefits to designing the sites on the east and west sides of SH 55/Eagle Road with unifying concepts such as pedestrian/vehicular access, aesthetic elements, amenities, landscaping, etc. that would tie the two sites together. Because the west side of SH 55/Eagle Road will most likely be developed by a different developer, CenterCal is not able to dictate what standards would be applied to the site design of that parcel. The City, however, would like to see certain landscaping, site design, and architectural standards applied to the parcel on the west side of Eagle Road when it develops through the Development Agreement for that site as follows: the quantity, species of trees, and design of landscaping should generally match/mirror each other; buildings should be constructed adjacent to SH 55/Eagle Road so that a majority of the parking is located to the sides and rear of structures in compliance with entryway corridor design standards. To ensure a minimum design standard, Staff is including a Development Agreement provision in DA #2 for all buildings within the development and site improvements to be subject to administrative design review as defined in UDC 11-3A-19. If the location of future buildings is not generally consistent with the submitted concept plan, as determined by the Planning Director, the Applicant shall be required to get City Council approval for a Development Agreement Modification. (Note the internal buildings shall not be subject to the 8 foot wide pedestrian pathway requirement to the adjacent sidewalk.) Access: Unified Development Code 11-3H-3B prohibits direct access to state highways except at the section line roads and the half mile mark between section line roads. A major aspect of the concept plan is the proposed vehicular access to/from the site and internal drive aisles and parking. The conceptual development plan submitted by the applicant shows 4 right-in/right-out access points, two on each side of State Highway (SH) 55/Eagle Road, and 2 right-in/right- out/left-in access points, one on each side of SH 55/Eagle Road located approximately '/a of a mile north of Fairview Avenue. The applicant is also proposing to construct/re-construct a full access, signalized intersection on SH 55 located approximately '/z mile north of Fairview Avenue (River Valley Street). A variance is requested for approval of these proposed access points to SH 55. On the portion of the site that is west of Eagle Road, the plan shows lfull-access point to Eagle Road where River Valley Street currently exists (this will be a signalized intersection), 2 right- in/right-out access points to/from Eagle Road, lright-in/right-out/left-in access from Eagle Road, 2 access points to/from Fairview Avenue, 2 driveway connections to the private street along the north boundary, and 1 driveway connection to River Valley Street to the north. On the portion of the site that is east of Eagle Road, the plan shows lfull-access point to Eagle Road where River Valley Street will be extended (this will be a signalized intersection), 2 right- in/right-out access points to/from Eagle Road, lright-in/right-out/left-in access from Eagle Road, 3 access points to/from Fairview Avenue, and 1 signalized, full-access point (Records Road) to Fairview. Records Road is proposed to be constructed from Fairview Avenue through the site to River Valley Street at the north property boundary. River Valley is then shown as connecting to Eagle Road, as a signalized intersection. The Applicant should provide access to the properties to the north from E. River Valley Street. The location of River Valley Street shall not create a "spite strip" between this property and the properties to the north. Two driveway connections are proposed at the east boundary of the site to Venture Street for interconnectivity with the adjacent residential subdivision. In addition to Records Road, two driveway connections are proposed at the north boundary of the site to the proposed River Valley Meridian Town Center AZ-07-012 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 Street. Five driveway connections are conceptually shown to Records Road on both the west (commercial) side and east (park) side. Several internal drive aisles are proposed for access within the site. Due to the fact that this is only an Annexation application, ACHD has not submitted formal conditions of approval. However, due to the size of this project ACHD did submit comments on this application that are included in Exhibit B of this report. City Staff has been in contact with ITD and COMPASS Staff and is working with the Applicant's traffic engineer on a scope for a traffic study. Neither ITD nor COMPASS has submitted formal comments to the City on the subject project. Staff is recommending denial of the proposed access points to Eagle Road. Further, because ACRD and ITD are the road authorities for the existing and proposed public streets and highways, the Applicant must obtain approval from both agencies regarding approval of access points to Eagle Road, E. River Valley Street, Venture Street, and Fairview Avenue. Staff does not support the two driveway connections shown near the northwest corner of the site, west of Eagle Road. There is an existing public street, Chateau Drive that connects to River Valley Street through the elementary school site. Staff believes that driveway connections to/from this site should only be allowed to public streets, not private property. Staff recommends that the applicant work with the School District on making the existing private access between Chateau Drive and River Valley Street, a public street connection. NOTE: Staff has not received any comments from Valley Regional Transit (VRT) but believes there is a great opportunity to plan for bus service within or alongside this development. Staff is recommending that the Applicant contact VRT prior to the City Council meeting to see if there is any opportunity for bus shelters, bus stops, bus pull-outs, or park and ride areas in this area. A stub street (N. Tweedbrook Avenue) exists at the north boundary of the park site from Redfeather Estates Subdivision. This street should be extended into this site and connected to another public street within the development or a cul-de-sac for a turnaround should be provided on the park site. The Applicant should work with the Parks Department on the design and dedication of the park. Staff is very appreciative and supportive of the proposed park donation and believes that it will serve as a great amenity to this development and the community as a whole. Staff does not generally support the configuration of the parking spaces shown in front of buildings that are adjacent to major access driveways. Staff is concerned about traffic flows and safety if vehicles are allowed to back out into oncoming traffic. Staff has included a DA provision that requires the Applicant to demonstrate that there are safe and efficient drive aisles that do not encourage speeding and cut through traffic (provided in DA #3). Across-access agreement should be required that benefits all businesses within this development. Staff is including Development Agreement provisions as discussed in this section. STAR Legislation: Currently, the Applicant is in negotiations with the Idaho Transportation Department (ITD) to construct capacity improvements on Eagle Road in accordance with the STAR (State Tax Anticipation Revenue) legislation. The STAR legislation went into effect on July 1, 2007 and is a law that provides a new method of financing transportation infrastructure projects on state highways. The law provides a mechanism by which developers of retail commercial complexes provide upfront funds for certain transportation infrastructure improvements and can recoup a portion of the cost from sales and use tax revenue generated by the commercial retail complex. The developer must expend a minimum of $8 million in transportation improvements to qualify for reimbursement under the STAR law. The maximum reimbursable amount of a given project is $35 million. The developer's retail commercial Meridian Town Center AZ-07-012 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 complex must cost a minimum of $4 million. If ITD does not approve of the Applicant's proposal and the Applicant is not able to complete the improvements as proposed, the timeline and construction of the project may be affected. Staff has not required the applicant use the STAR legislation, but is supportive of the applicant pursuing the improvements to Eagle Road. Any and all sections of Eagle Road that are improved by the Applicant should be done in accordance with the Eagle Road Arterial Study. These improvements include, but are not limited to: capacity improvements, drainage facilities, landscaping, medians, and pedestrian-level lighting. If the applicant is not able to make use of the STAR legislation for all the proposed improvements, at a minimum, they should be held responsible for those improvements along the frontage of the properties noted in this annexation request. NOTE: Staff believes that the timing of access and collector road improvements is important in the orderly development of this property. Staff supports the applicant's efforts to include Records Road and River Valley Street in the STAR legislation project. In the event that Records Road and River Valley Street are not constructed under the STAR legislation provisions, staff has added appropriate provisions in the DA agreement for both The Walter HIeiner property (DA #2) and the CenterCal property (DA #3). Staff concern is that both roadways are on the Walter Kleiner property, while the initial development is on the CenterCal property. Landscaping: Although the design of this project is only conceptual, Staff believes there are some landscape elements that should be discussed at this early stage. The following landscaping elements should be included in the concept plan for this site and included as Development Agreement provisions. • UDC 11-2B-3 requires a 35-foot wide landscape buffer be constructed along SH 55/Eagle Road and E. Fairview Avenue, both entryway corridors, in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 20-foot wide landscape buffer be constructed along both sides of Records Road, a collector roadway, in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 10-foot wide landscape buffer be constructed along the west side of Venture Street (and any other local commercial street) in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 10-foot wide landscape buffer be constructed along E. Chateau Drive in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 20-foot wide buffer to be constructed along the south side of E. River Valley Street (north side to be constructed by the adjacent property owner) in accordance with the standards in UDC 11-3B-7. The buffer shall be located within a common lot or a permanent easement maintained by the property owner or business owners' association. • A buffer shall be constructed adjacent to all driveways within the site that are required to be constructed as public/private streets in accordance with the standards listed in UDC 11-3B-7. The width of the buffer shall be determined by the street classification in accordance with UDC 11-2B-3. The buffer shall be located within a common lot or a Meridian Town Center AZ-07-012 PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 permanent easement maintained by the property owner or business owners' association. • UDC 11-2B-3 requires a 25-foot wide landscape buffer between residential uses and properties zoned C-G. This buffer should be designed and constructed in accordance with UDC 11-3B-9. • UDC 11-3H-4C.3 requires aten-foot (10') multiuse pathway to be constructed within a public use easement and pedestrian-level streetlights and landscaping consistent with the Eagle Road Corridor Study to be installed along SH 55/Eagle Road. • The applicant should comply with any other landscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. Design Standards: Because this site is located on a highly visible transportation corridor, Staff is requesting as a provision in the DA that all structures within the development be subject to the design standards listed in UDC I 1-3A-19C as follows: Architectural Character: a. Facades: Facades visible from a public street shall incorporate modulations in the facade, roof line recesses and projections along a minimum of twenty percent (20%) of the length of the facade. b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined by the architectural design of the building. Windows, awnings, or arcades shall total a minimum of thirty percent (30%) of the facade length facing a public street. c. Roof lines: Roof design shall demonstrate two or more of the following: a) overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying parapet heights; and e) cornices. d. Pattern variations: At least two (2) changes in one (1) or a combination of the following shall be incorporated into the building design: color, texture and/ materials. e. Mechanical equipment: All ground-level and rooftop mechanical equipment shall be screened to the height of the unit as viewed from the property line. 2. Color and materials: Exterior building walls shall demonstrate the appearance of high- quality materials of stone, brick, wood or other native materials. Acceptable materials include tinted or textured masonry block, textured architectural coated concrete panels, tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent materials. 3. Parking Lots: No more than seventy percent (70%) of the off-street parking area for the structure shall be located between the front facade of the structure and abutting streets, unless the principal building(s) and/or parking is/are screened from view by other structures, landscaping and/or berms. 4. Pedestrian walkways: a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in width shall be provided from the perimeter sidewalk to the main building entrance. The walkway width shall be maintained clear of any outdoor sale displays, vending machines, or temporary structures. (Note: The internal buildings shall not be subject to this requirement.) Meridian Town Center AZ-07-012 PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 b. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is greater than one-hundred fifty (150) parking spaces or two hundred feet (200') away from the main building entrance. d. The walkways shall have weather protection (including but not limited to an awning or arcade) within twenty feet (20') of all customer entrances. NOTE: City Staff is currently working on new design standards. If additional design standards are adopted at the time of building permit submittal, the Applicant should comply with those adopted standards. The Applicant may submit design guidelines to be included in their DA or in a modified DA. Any such design guidelines included in an approved DA would guide the development of this area. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-SB-lA). To ensure that all of the provisions in the development agreement (see below) are complied with, the City requires that the applicant obtain CZC approval from the Planning Department prior to site development; all site and landscaping improvements must be installed prior to occupancy. Development Agreement: Development Agreements (DAs) will be required as part of the annexation of this property. Because there are separate proposed properties and different proposed property owners involved in this development, Staff is requesting that three separate DA's be prepared. As discussed under the "Parcel Configuration" section, staff recommends that the applicant create parcels to reflect the proposed DA boundaries for each ownership prior to approving the annexation ordinance. Each owner shall enter into an agreement with the City of Meridian. The applicant shall contact the City Attorney, Bill Nary, at 888-4433, within 12 months of City Council approval to initiate this process. All of the DA's and annexation ordinances need not be on the same City Council agenda. Development Agreements: Please see Exhibit A.3 for a map detailing the boundaries of land that will be incorporated into each DA. Specific Provisions for Development Agreement No. l (Park): • Development of this area shall be for a City Park. The Applicant shall coordinate the design and improvements of this site with the Parks Department and the Parks Commission. The subject park site shall contain approximately 60 acres. The park site shall be subject to review and approval by the City Council on a noticed agenda and notices shall be sent to all property owners within 300 feet of the property boundaries. • The public stub street (Tweedbrook Avenue) in Redfeather Estates Subdivision at the north property boundary shall be extended into this site and connect to a public street or a public cul-de-sac shall be constructed on the site for a turnaround. At no time shall construction traffic associated with the development of this site be allowed to access this site through Tweedbrook Avenue in Redfeather Estates Subdivision. • A section of unopened right-of--way exists that abuts the site at the east boundary of the park and the west boundary of Clover Meadows Subdivision where Green Meadow & Meadow Wood streets terminate. Either additional right-of--way shall be provided for the Meridian Town Center AZ-07-012 PAGE 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 construction of a street to link these two streets together or cul-de-sacs shall be constructed on the site for turnarounds. In either case, the remaining portion of unused right-of--way, if any, shall be vacated. • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit, prior to all new construction, or establishing the park site on the subject property. • Construct a 20-foot wide landscape buffer along Records Road in accordance with the standards in UDC 11-3B-7. • The applicant shall comply with all landscaping standards described in UDC 11-3B, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. Existing trees on this site shall be retained or mitigation shall be provided in accordance with UDC 11-3B-10. The applicant shall work with the Parks and Recreation Department regarding the removal or replacement of any trees on this site. • A park is proposed adjacent to existing residences to the east and north of the site to serve as a transition to more intense commercial uses; this use shall not change along the boundaries adjacent to residential uses. • There shall be a 26-foot height limit for any structure within 100 feet of the property line of an existing residence at time of annexation. • The following provisions that will guide staff in administering the concept plan over time. This references the long term implementation of the concept plans and guides the Director in how to determine consistency. If the proposed location of buildings or uses is not generally consistent with the approved concept plan, as determined by the Planning Director, the Applicant shall be required to get City Council approval of a Development Agreement Modification for a new concept plan. \ o In determining consistency, the Planning Director may allow a plus or minus 20% change in square footage for any building, or collection of buildings, as depicted on the concept plan. o Relocation of buildings shall be allowed provided that the impact to adjoining properties remains the same or is less than that depicted on the concept plan and provided that the integrity of the concept plan remains unchanged. (For example, for buildings that are placed to form a central plaza, those buildings may be relocated if the plaza amenity is substantially equal to or better in size and character than originally depicted.) o Changes in uses as depicted on the concept plan will not be allowed on structures immediately adjacent to existing residences at the time of annexation without the Planning Director's determination that the proposed use will be less of an impact on adjacent residences. Changes in uses elsewhere may be allowed if the general impact is the same or less than that proposed. The Director will seek advice from ACRD regarding traffic impacts associated with any proposed change in use. Specific Provisions for Development Agreement No. 2 (Kleiner Ownership): Back ound. The Applicant has shown a concept plan with 3 parcels to be retained by the Walter Kleiner family ("Owner") following the closing of the transactions with Center Cal Properties and The Julius M. Kleiner Memorial Park Trust: 1. Approximately 37 acres east of Eagle Road and north of the proposed CenterCal Properties lifestyle center (the "North Parcel"); Meridian Town Center AZ-07-012 PAGE 18 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 2. Approximately 20 acres north of Fairview Avenue, east of the proposed lifestyle center and Records Avenue, and south of the proposed park (the "East Parcel"); and 3. Approximately 72 acres north of Fairview Avenue and west of Eagle Road (the "West Parcel"). The concept plan for these three parcels is preliminary in nature and is likely to change given that development may not occur for 5 to 10 years or even longer. Owner intends to select a quality developer(s) for these three parcels. The proposed development agreement terms are designed to allow the development of these 3 parcels to respond to future market conditions while assuring that the future development is limited to appropriate uses and executed according to quality standards suitable to this location. Definition :All references to "Owner" herein include a purchaser or other transferee of the Owner's interest in part or all of the Owner's land (North Parcel, East Parcel, and West Parcel), unless the terms or the context of the agreement suggests otherwise. Records Road and River Valley Road east of Emile Road) Dedications. Prior to any other land use approvals on the subject property, Owner shall dedicate the right-of--way to extend Records Road from Fairview Avenue north to River Valley Road and to extend River Valley Road from Eagle Road east to Records Road as an ACRD public street.,. Owner shall make such dedication within the time required for CenterCal to construct the roadway and related improvements. • Zoning district and use limitations. The North Parcel, East Parcel, and West Parcel shall be zoned C-G, general retail and service commercial. o Owner is entitled to develop the following uses on the North Parcel, the East Parcel, and the West Parcel, subject to the conditions of this agreement. o Total retail gross floor area, shall be limited to 1,293,700 gross square feet. The uses noted in Exhibit E are allowed as retail uses as provided in UDC 11-2B-2, as defined in 11-1A-1, and subject to any conditions or requirements provided by the special use standards in 11-4-3-1 through 11-4-3-43. o Total office gross floor area, shall be limited to 700,000 gross square feet. The uses noted in Exhibit E are allowed as office uses as provided in UDC 11-2B-2, as defined in 11-1A-1, and subject to any conditions or requirements provided by the special use standards in 11-4-3-1 through 11-4-3-43. o Uses otherwise allowed in the C-G zone but prohibited by the agreement may be allowed subject to Council review, approval and modification of agreement. o As noted in the Comprehensive Plan, multi-family is appropriate in the Mixed Use Regional designation. Therefore, multi-family development would be appropriate within this DA boundary. (Multi-family is allowed as a conditional use in the C-G zoning.) If Owner desires to do residential development other than multi-family, Owner may request a rezone to a residential designation at a later date. o Residential units maybe constructed over retail or office buildings/floors (subject to the vertically integrated residential standards of the UDC), in addition to the allowed retail or office square footages, provided the building location does not violate the residential buffer rules provided herein. Meridian Town Center AZ-07-012 PAGE 19 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 Exchange of Square Footage between Retail and Commercial and Vice-versa. Owner may elect to increase the total allowed office square footage and reduce the total allowed retail square footage in a 2:1 ratio. For example, Applicant may increase allowed office uses by 200,000 square feet and reduce allowed retail uses by 100,000 square feet. Owner may elect to increase the total allowed retail square footage and reduce the total allowed office square footage in a 1:2 ratio. For example, Applicant may increase allowed retail uses by 100,000 square feet and reduce allowed office uses by 200,000 square feet. • Division of west parcel. The subject property shall be eligible for the short plat process. Certificate of zoning_compliance. Owner may apply for a certificate of zoning compliance for development of the North Parcel, East Parcel, West Parcel, or any legally divided portion of such parcels, or for a building or use. The application for the first CZC for the applicable parcel or lot shall include a detailed site plan, a copy of the latest allocation plan, and supporting documentation, as necessary, with sufficient detail to enable the Director to verify that the applicable terms of this agreement are satisfied. The Director shall not withhold a CZC provided that Owner presents a valid allocation plan and a detailed site plan that does not exceed the office/retail square footages provided for such parceUlot on the allocation plan (see below, Allocation of retail and office square footage), and provided the detailed site plan complies with the applicable terms of this agreement and all UDC provisions as to matters not otherwise specified by this agreement. Detailed site lp an layout. Owner is not required to develop the North Parcel, East Parcel, West Parcel, or legally divided portion of such parcels according to the initial concept plan as submitted with the request for annexation; and shall be entitled to develop each legal parcel or lot according to a detailed site plan provided by Owner including drive aisle locations, walkways or pathways, building locations, building sizes, building uses allowed by this agreement, parking lot design, and landscaping design, as designated by Owner subject to the conditions of this agreement. The Director shall approve the detailed site plan provided the site plan complies with the applicable terms of this agreement and all UDC provisions as to matters not otherwise specified by this agreement. Owner shall supply a copy of the detailed site plan, as necessary, to any potential buyer or lessee seeking CZC approval. Allocation of retail and office square footage_Concurrent with the DA approval, Owner shall provide the Director an initial allocation plan showing Owner's allocation of the allowed retail and office square footages to the North Parcel, East Parcel, West Parcel, and/or to any legally divided portion thereof. The initial allocation plan or a revised allocation plan shall be valid provided the sum of the retail and office square footages allocated to all such parcels or lots does not exceed the retail and office square footages originally allowed to Owner by this agreement. Owner, with the consent of any transferee or subsequent transferee of a parcel or lot who is affected thereby, may provide the Director a revised allocation plan that changes the allocation of retail and/or office square footages shown on the initial allocation plan. o If a revised allocation plan reduces the a retail or office square footage allocated to a parcel or lot for which a CZC had already been approved, then the Owner or transferee shall be required to apply for and obtain approval of a new CZC prior to proceeding with development of such parcel or lot. Meridian Town Center AZ-07-012 PAGE 20 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 • Where and/or when an applicant has an approved detailed site plan, the Director may allow up to a 20% increase in square footage for any building, or collection or buildings shown on the approved detailed site plan, without requiring a revised allocation plan for such increased use. This only applies where applicant has provided an approved detailed site plan; and may not be used to increase the overall square footage of the allocation plan. • Buffers to residential use. In applying these buffer rules, a residential lot line shall be those designated on Exhibit F. o Owner shall provide a 25' wide landscape buffer, as required by UDC 11-3B-9 and 11- 2B-3, along the contiguous lot line joining the west boundary of the West Parcel and the residential lot line of the Packard Estates Subdivision. o Owner shall construct a 20' wide landscape buffer along the west side of Venture Street beginning at a point that is due west of the west boundary of the Venture Subdivision that is zoned residential and that lies closest to Fairview Avenue, and, except for access streets or drives from Venture Street to the East Parcel, shall continue to the north boundary of the East Parcel. This buffer includes the 10 foot wide street landscape buffer required by UDC 11-3B-7 and 11-2B-3, plus an additional 10' buffer width, with fencing on the west edge of such buffer, and a sidewalk or pathway allowing access to the Kleiner Memorial Park. o Development within 100 feet of the Packard Estates Subdivision residential lot line shall be subject to the 25' landscape buffer and shall be further limited as follows. Retail building or parking shall be prohibited within 100 feet of said lot line unless Owner obtains conditional use approval. Office and residential development shall be allowed, provided that residential development shall be subject to conditional use approval. A perimeter drive aisle connected with retail or other uses, an approved public or private road, curb, sidewalk, and/or buffer or perimeter landscaping may also be placed in and count toward said 100 foot setback to retail use. No part of a private or public road, including any sidewalk, shall be placed less than 60 feet from the residential lot line of such subdivision, unless Owner obtains conditional use approval. o No building over 26 feet in height shall be placed within 100 feet of the Packard Estates Subdivision residential lot line contiguous with the West Parcel. • Off-street parkin. Owner shall provide a minimum of one (1) parking space for every five hundred (500) square feet of gross floor area of nonresidential uses, as provided by 11-3C- 6.B. Required minimum residential parking ratios shall also be determined as provided by UDC 11-3C-6. o Upon review of the detailed site plan submitted with application for certificate of zoning compliance, Director may request additional evidence from applicant regarding parking coverage and may, subject to the standards of 11-3C-6.B and if not satisfied, subject to Council review, require revision of the site plan to provide additional parking spaces for nonresidential uses, with a required ratio not to exceed four (4) per 1,000 square feet retail gross floor area, ,and three (3) per 1,000 square feet office gross floor area,. Owner shall prepare the revised site plan, as provided above, which shall comply with the increased parking ratios as determined herein. Meridian Town Center AZ-07-OIZ PAGE 21 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 o The minimum parking stall width and depth and drive aisle width, and other design requirements, shall be as provided in UDC 11-3-C-5, or in the alternative provided by 11-3C-7. The wheel restraint specified in UDC 11-3C-S.B.3 shall not be required for internal parking spaces not adjoining a property boundary, landscape islands, sidewalk or pathway, building, or any similar development feature. • Parking_lot landscaping: Owner shall provide minimum parking lot perimeter landscaping and internal landscaping as required by UDC 11-3B-8, 11-3B-5 and 11-3B-6. Landscaping shall be installed prior to occupancy for the applicable parcel or legally divided portion thereof, as required by UDC 11-3B-14, subject to any extension provided under 11-3B- 14.C. • Building size. Placement of any building with over 200,000 square feet in retail gross floor area shall require Council approval of a Development Agreement Modification. • Building height limit. No building shall exceed a height limit of 65 feet, as provided and defined by UDC 11-2B-3, except for additional height allowed according to the terms of 11-2B-3 Note 3, but shall increase in the event the UDC is amended to allow a greater building height in the C-G zone. • Eagle Road improvements. To the extent not constructed by CenterCal, Owner shall construct improvements, as specified in the Eagle Road Arterial Study, along the west boundary of the North Parcel, prior to occupancy on such parcel; and along the east boundary of the West Parcel, prior to occupancy on such parcel. Owner shall not be responsible for road capacity improvements or road medians, but shall be responsible for the 10' multi-use pathway, landscaping, and pedestrian-level lighting. Street landscaping shall also be provided prior to occupancy of the applicable parcel, either the North Parcel or West Parcel, and shall be provided according to the specifications detailed below. • Street landscaping and setbacks. Owner shall install street landscaping along any side of the road that is contiguous with Owner's property and with minimum widths as specified in the UDC, with exception of private roads; street landscaping shall not be required. • Open space and amenities. Open space and amenities are required for residential uses only, as provided by UDC 11-3G-1 through 11-3G-3, and shall not be required for nonresidential uses, except as otherwise provided herein. Owner may provide open space in exchange for additional height as allowed by Section 11-2B-3A3. Pathways and walkways. Bike paths shall be provided if required by the terms of UDC 11- 3A-4 and/or if mandated by the applicable city code (UDC) and/or road agency, either ITD or ACHD, along Eagle, Fairview, Records, and River Valley Roads. Sidewalks, walkways or pathways shall be provided if required by the terms of the UDC andlor if mandated by the applicable city code (UDC) and/or road agency, either ITD or ACHD, along public or private roads. • Site internal drive aisles. o North Parcel: The extension of Records Road shall be deemed to satisfy the requirements of UDC 11-3H-4.B.3. In addition to providing Records Road right-of- way, Owner shall provide a minimum of two private or public north/south road or drive aisles (drive # 1) connecting the north boundary of the CenterCal development to River Meridian Town Center AZ-07-012 PAGE 22 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER I5, 2007 Valley Road. Owner shall connect to the CenterCal development at a minimum of two locations and shall extend such connections to two separate access points at River Valley Road. Owner shall sign a cross access agreement with CenterCal Properties and shall submit a copy to City Staff prior to development of the North Parcel. Owner shall sign a cross access agreement with Bach Homes allowing Bach access to River Valley Road. o East Parcel: Owner shall provide a minimum of one private or public road or drive aisle connecting Venture Street with Records Road. o West Parcel: River Valley Road (on the west side of Eagle Road), currently enters the property and then turns north. Chateau Drive also enters the property and then turns north. The school district has private drive lanes that connect to River Valley Road and to Chateau Drive. The Owner shall be required to work with the City , ACHD and the School District to develop a vehicular and pedestrian circulation plan (public and/or private roads) that not only allows for connectivity of the residential neighborhood to the school and successful development of the West Parcel, but that discourages cut through traffic from Eagle Road. The City anticipates that development this property will rely heavily on the extension of connection to River Valley Road. The City strongly supports this connection in concept (as consistent with UDC 11-3H-4.B) but realizes that the details will need to be worked out when there is a detailed site plan to evaluate. Any approval shall involve a public hearing with notice to surrounding properties. The public hearing shall discuss the manner of the connection/extension, not whether such connection/extension of River Valley is appropriate. Such access is a given, subject to any ACHD requirements for additional right-of--way and/or widening of River Valley Road. The City shall accept a private road that generally runs north/south that connects Fairview Avenue and River Valley Road, including any approved extension of such road, as meeting the requirement of UDC 11-3H-4.B.3. This does not preclude the Owner from requesting a public road to satisfy UDC 11-3H- 4.B.3 in this area. Additional site and building_design standards. Additional site and building design standards shall be formulated and agreed to by the parties, preferably prior to annexation and zoning, but no later than Owner's closing with CenterCal Properties. Owner, a transferee, or subsequent transferee, of any portion of Owner's property, may elect to the follow Code site design review standards of UDC 11-3A-19 or successor provisions in effect when a certificate of zoning compliance is applied for in lieu of the additional design standards agreed to herein. Future Applications. All future approval requests (including but not limited to preliminary plats, short plats, final plats, certificates of zoning compliance, rezones, property boundary adjustments, alternative compliance, conditional use permits, and/or variances), on North Parcel, East Parcel, and West Parcel shall be evaluated consistent with the terms and intent expressed in this Development Agreement and/or as modified. Where this Development Agreement has expressed specific standards related to use limitation, allocation of retail and office gross floor area, buffers to residential use, off-street parking, parking lot landscaping, building size, building height limit, Eagle Road improvements, Street landscaping and setbacks, open space and amenities, and pathways and walkways such standards shall apply as stated and shall not be subject to future UDC amendments unless specifically stated within the DA. Meridian Town Center AZ-07-012 PAGE 23 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 Specific Provisions for Development Agreement No. 3 (CenterCal Ownership): • All structures on the site shall be subject to Administrative Design Review in accordance with the standards listed in UDC 11-3A-19C. (Note: The internal buildings shall not be subject to the 8 foot wide pedestrian pathway requirement from the perimeter sidewalk to the main building entrance.) Residential uses shall be developed on the property at a minimum square footage of what is currently shown on the concept plan (209,250). Such uses may be moved to a different location as depicted on the conceptual site plan and may be modified to meet actual market demand at the time of development. If the Applicant chooses to remove all of the residential from the project, they will need to obtain approval from City Council for a modified DA. Because the City believes that this project could support more vertically integrated residential, additional vertically integrated housing shall be allowed without triggering the need for a DA modification. • The general configuration of the shops around the plaza areas shown centrally on the east side of SH 55 shall not substantially change. Amenities such as water features, benches, on- street parking, vertically integrated buildings, stamped concrete crosswalks, and a mix of restaurants, retail, office and residential uses should be provided as proposed. • Across-access agreement shall be required that benefits all businesses within this site and the property bounded by the property line to the north and by Records Road to the east. A recorded copy of said agreement shall be submitted to the Planning Department prior to or concurrently with the first Certificate of Zoning Compliance application for this site. • Structures and parking areas shall comply with the entryway corridor design standards, per UDC 11-3A-19C. • UDC 11-3H-4C.3 requires aten-foot (10') multiuse pathway to be constructed within a public use easement and pedestrian-level streetlights and landscaping consistent with the Eagle Road Corridor Study to be installed along SH 55/Eagle Road. • The internal circulation system for the development shall included one or more north/south connections from Fairview Avenue to generally the northern boundary of the CenterCal property. These can be a public or private roads. The road should provide a safe pedestrian route (5-foot wide sidewalk). The road should also safely move traffic throughout the site and discourage speeding through the parking areas. The internal circulation system maybe phased as appropriate to provide adequate access and circulation for the structures being constructed. • Staff is very much in favor of the proposed parking shown in front of the large multi-tenant retail buildings along the west boundary of the site, west of SH 55 (see example in Exhibit A.4); this parking concept shall be incorporated into the site/parking design east of SH 55, between the stand alone pad sites along SH 55 and the lifestyle center wherever possible and where consistent with the design concept. • Prior to Certificate of Zoning Compliance approval, the Applicant shall submit a plan showing safe pedestrian routes at regular intervals within the site. These routes should extend east/west as well as north/south. The pedestrian system may be phased as appropriate to provide adequate pedestrian access for the structures being constructed. • Prior to the issuance of the fifth building permit within the DA boundaries, a final plat shall be recorded that dedicates Records Road from Fairview Avenue to the north property line and River Valley Street from Eagle Road to Records Road. All properties within the eastern Meridian Town Center AZ-07-012 PAGE 24 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 annexation area shall be included on the final plat. In the event that Records Road extends from Fairview Avenue to Ustick Avenue, the timing with regard to constructing River Valley Street maybe re-evaluated by Council during the fmal plat approval process. The Applicant has offered to certain off-site road improvements to Eagle Road, subject to the express condition that the Applicant be allowed, on conditions acceptable to the Applicant, to obtain full reimbursement pursuant to the STARs legislation, Idaho Code Section 63-3641 ("STARS"). In the event the Applicant is not permitted to obtain full reimbursement pursuant to STARS, or elects not to make such improvements, Applicant shall not be required to construct any off-site improvement except as necessary to provide access to the Development Agreement #3 area and may submit an alternate access plan for approval by the City Council. This does not negate the Applicant's obligation to improve the frontage of the annexation site as noted below. Eagle Road along the frontage of this annexation site shall be improved by the Applicant in accordance with the Eagle Road Arterial Study. These improvements include, but are not limited to: capacity improvements and any related drainage facilities, landscaping, medians, and pedestrian-level lighting. The specific improvements to be constructed shall generally be in accordance with the Kittelson and Associates drawings, shall be delineated in an exhibit to be attached to the DA #3. The following provisions that will guide staff in administering the concept plan over time. This references the long term implementation of the concept plans and guides the Director in how to determine consistency. If the proposed location of buildings or uses is not generally consistent with the approved concept plan, as determined by the Planning Director, the Applicant shall be required to get City Council approval of a Development Agreement Modification for a new concept plan. \ o In determining consistency, the Planning Director may allow a plus or minus 20% change in square footage for any building, or collection of buildings, as depicted on the concept plan. o Relocation of buildings shall be allowed provided that the impact to adjoining properties remains the same or is less than that depicted on the concept plan and provided that the integrity of the concept plan remains unchanged. (For example, for buildings that are placed to form a central plaza, those buildings maybe relocated if the plaza amenity is substantially equal to or better in size and character than originally depicted.) o Changes in uses as depicted on the concept plan will not be allowed on structures immediately adjacent to existing residences at the time of annexation without the Planning Director's determination that the proposed use will be less of an impact on adjacent residences. Changes in uses elsewhere may be allowed if the general impact is the same or less than that proposed. The Director will seek advice from ACHD regarding traffic impacts associated with any proposed change in use. VAR Application: The Applicant is requesting a Variance to UDC 11-3H-4 that prohibits new approaches from directly accessing a state highway at points other than section line roads and the half-mile between section line roads. The Applicant is requesting approval for 4 right-in/right-out access points, two on each side of State Highway (SH) 55/Eagle Road and 2right-in/right-out/left- in access points, one on each side of SH 55/Eagle Road, located approximately '/o of a mile north of Fairview Avenue. The applicant is also proposing to construct/re-construct a full access, signalized intersection on SH SS located approximately %z mile north of Fairview Avenue (River Valley Meridian Town Center AZ-07-012 PAGE 25 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 Street). The lfull-access point to SH 55/Eagle Road on the east side of SH 55/Eagle Road is allowed per UDC 11-3H-4B.2 and does not require approval of a variance because the access point is located on the half mile mark between section line roads. In researching this request, Staff acquired data from the Meridian Police Department regarding the number of collisions that police responded to on SH 55/Eagle Road this year to date (9/24/07). The number of accidents at the corner of Fairview and SH 55/Eagle Road so far this year is 51; the total number of accidents on SH 55/Eagle Road so far is 292. The intersection of Fairview Avenue and SH 55/Eagle Road had the most accidents reported on Eagle Road. There is a direct correlation between the number of access points/intersections along a roadway and the potential for accidents. Especially with the high speed limit allowed on state highways. Staff fmds these results to be overwhelming and supports the need for fewer access points to SH 55/Eagle Road to help ensure a safer roadway. To grant a variance, the Council needs to make the following findings: The variance shall not grant a right or special privilege that is not otherwise allowed in the district; 2. The variance relieves an undue hardship because of characteristics of the site; 3. The variance shall not be detrimental to the public health, safety, and welfare. Staff believes that granting a variance would allow a right or special privilege that is not otherwise allowed for properties that are adjacent to a state highway. Staff finds that granting the subject variance would be detrimental to the public health, safety, or welfare. While Staff recognizes that allowing right-in/right-out access points to the site from SH 55/Eagle Road would enhance traffic flow to the site, Staff cannot support access points that would/may affect the safety of the public and that go against the UDC. Further, Staff does not believe an undue hardship exists because of characteristics of the site in which the City should grant a variance. We do understand that this is a large property and a significant development for the City. For the reasons listed herein, Staff is recommending denial of the Variance application (see Exhibit C for required variance findings). b. Staff Recommendation: Staff recommends approval of A~07-012 and denial of VAR-07-017, as presented in the staff report for the hearing date of November 15, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions proposed in Section 10. 11. EXHIBITS A. Drawings/Letters 1. Vicinity/Zoning Map 2. Conceptual Site Plan 3. Map Detailing Development Agreement Boundaries 4. Example of Parking Layout Favored by Staff 5. Plan Depicting Proposed Access Points to Site 6. Revised Concept Plan (dated: 9/27/07) with Changes Noted 7. Parking Areas to be Reconfigured Consistent with Exhibit A.4 8. Memo from Staff Detailing Changes on Revised Concept Plan 9. Letter from Ada County Verifying Parcel Status Meridian Town Center AZ-07-012 PAGE 26 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 B. Agency Comments 1. Planning Department 2. Fire Department 3. Police Department 4. Ada County Highway District C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code E. Table of Proposed Uses F. Residential Properties at Time of Annexation (DA #2) Meridian Town Center AZ-07-012 PAGE 27 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 15, 2007 A. Drawings 1. Vicinity/Zoning Map Exhibit A PAGE 28 2. Conceptual Site Plan Exhibit A ~Q~~ ~~~ ~~ ~~ "` "` MERIDIAN TOWN CENTER scH~+Anc Meridian. Idaho MAST62 PLAN CEN~1.~ ,y ~. ., ~,.., si nuo aow 3. Map Detailing Development Agreement Boundaries ~~~~b ps ffjjy~ .~.- ' s jtq[ e ~; 7a ~ b ~ "+ :~~_ s ~R ~ '~ ~ v,,, -„ - i u # . ~~~~~ ~~.. . _ ~~ 6~www~wa e+ «w ~~ yy fG Fl~.Wl1~ t ~''~ 7NtMI1N~BMM} iFN~ ' ~& k~iFWMK ~ P+HM!> R._ ~ ~ wv..w..' ~ .. _ ...__ _ _ DkViR~i1W .' r . ~~a '~~ s ~e`~. _. ~ .w ~ ` "" IIAIDI~M\Oll abi w~ wr r~ +w,, ..._, ~r •rrw~r~ ~rwrr ~ _ ~~ ~~ ~IYlw~ ,.,..,...,,,~ ... , w++r ......~..... r t #~~ ..e. »~.+ ~, ~ - ,~ _ ~ •~ ~~ x~.~ava tir ~ it ...... <<_~ .- ~_ ~ ~ - .. ~ ._.._.m~ .~..~.,„.a~... ,..,~ r_..,,.. ., ..,e._ ., ~-....., r lvtERIDIAN TOWN CENTER ~~~ r~'~r ~iw..n ~ ~r Pw+ a~arr~om Exhibit A 4. Example of Parking Layout Favored by Staff -----~ Exhibit A Exhibit A 5. Plan Depicting Proposed Access Points to Site (F= full Access, R= right in/right out, L= left in) F2 ,R R6 MERIDIAN TOWN CENTER S~H~-„~ Meridian. Idaho MASTHt PLAN CENTEI~CAL m r .e 71 AUG 7007 6. Revised Conceptual Plan (dated: 9/27/07) with Changes Noted MERIDIAN TOWN CENTER M6rldan, Idaho Exhibit A = .~r MERIDIAN TOWN CENTER ItiM.!'L!"'1 ~ vs~raom ~. ~. Hoarse rwa ~uVi~l ~...~~I ~ vter~ow 7. Parking Areas to be Reconfigured Consistent with Exhibit A.4 4 •-~----_.._.. . _ ___.... .r. ~ r -~... _..- ..~.._.. ._.._. IUI 1 ~ i sIi -i eY .. d. i _ .uel ewe.e wa ~~.,,..,.,. ~..W .n. ~ ~ ~ is ~; ~_ .. ,. ::: ~...~.~... .~..~,. ., roua"oie«wwq eia. , ; i+s~ ~~ ~` 6N~I:A IM'y UU ~ ~ IAYM1~ i. ~ _ ~) ~. eMK"Jr~YVW 94fYYt ~» ,••1 qa4 rFYe0-.Me fob WW i1 /R.YYSAY p1~K t !i ,. ~ ~ j •MeeeMIG lM+MY M4eeeM~ _..... {{, ~ l fFrvlei Mien NMY .. . ..: 1 ~ 1 { ~ I ">rrdr~um+rri a• .... "' ~ 1 w+r~r~wwlre t i s ~ 1 -- __ A _ ,n .. i { w,uo vn orrnbrtbrr k `'•~'4~ r~rc ~ . ~ ..`.. r .. ~...._.. .,.. 1 ww laws t an~P6 ~ _ ~! I rili ~`~~_ ;~ , I i ~ ~ ~ i :;~ ~~ ~ ; ff I , ~ I ~ ~ f~ '~~~ "p8 ~ ~i ~ ', i~~ ~ s ~ ~ ~ j ~' s i ~ ~ b ; - o ~ ~ I E t , ,~i I .. r f ~ , Exhibit A 8. Memo from Staff Detailing Changes on Revised Concept Plan INTEROFFICE MEMORANDUM TO: PLANNING & ZONING COMMISSION FROM: SONYA WAITERS, ASSOCIATE CITY PLANNER SUBJECT: MERIDIAN TOWN CENTER (AZ-07-012) COUNCIL HEARING DATE: OCTOBER 4, 2007 DATE: OCTOBER 10, 2007 CC: CITY CLERK, ANNA CANNING, CALEB HOOD, BILL NARY, TED BAIRD, ASHLEY FORD, ANDY WILK On September 27, 2007, the Applicant for Meridian Town Center submitted a revised concept plan for the site. The area depicted as DA #2, in Exhibit A.3 of the staff report, has been modified to reflect changes to some of the potential land use square footages. A copy of this revised concept plan is included in the staff report as Exhibit A.7. The following changes were made in the proposed square footages of retail and office uses: Parcel west of SH 55/Eagle Road: • Retail/restaurantuws were increased from 730,500 square feet to 873,500 square feet for an increase of 143,000 squaze feet or approximately 20% • Office uses decreased from 574,500 square feet to 480,000 squaze feet for a decrease of 94,500 square feet or approximately 20% Parcel east of Records Road: • Office uses increased from 187,000 square feet to 220,000 square feet for an increase of 33,000 square feet or approximately 18% • Residential square footages did not change No revisions were made to the retail uses proposed at the north boundary of the property located on the northeast corner of SH SS/Eagle Road in DA #2. The revisions resulted in an overall increase in retail uses of approximately 20% or 143,000 square feet, and an overall decrease in office uses of approximately 2% or 61,500 square feet, for the portions of the site depicted within the boundary of DA #2. (Revisions were made to the original memo dated 10/1/07 based on the adjustment of the DA ownership boundaries; the original boundaries were shown incorrectly.) Exhibit A 9. Letter from Ada County Verifying Parcel Status ~ortE tei~ zs7-~spq ~~~~,~~~#+'' ~~" FAIL t20S? 2$7.7909 8©0 W.1lIt+b1M'P, ~bl13fL, ~'70~-7804 J 1'1, , David Kleine~r Wafter H 11r, Rn~es ll+i. MGk3r 9541 Garr f'1. N, Pte Btyoc 4t1U3 Seattle, WA 9BIOt~ ~' elfe°vue, WA 9ift1Q4 RE: Ott If~tlebbY~. Pat~cal #~'1lxQ!~3+A(ib~0~ (Pase~ ~ 1}c 7a, S,li~ (pa~eraei 3} ~ S110h449t111 ~u1.4y. ~~Y t hoar p~r+ locate! #t.;leetioan 4 I, ~-- ~ ~), sand Salt 5 ~tY !l~ T.3+N, I3.1En $.Yui., ltil~!'~gA, Id~x ICL7T C 1, ~ ~~ ,~,,~ tw trirtxfete {~ ~~. Dc~r A~ppli.~ntitJ4Otvr~ers: 'Tk~s rcpt-~# i~ iat ~ m Y s~ifo+aNio~t o9f Imie t, 2Q06. Ia ~pticatiaat yun soak oonfiimatt i~et the ~ce dasr~,ed in 'lVa~ra~y 1'~als &23744 ~ X7+15 (of'rrooed a~ tktabcr i8,197Z~ a~ Eons diatt F ~d excmpt fivers ~+ ~Y'a ~ Pia pr+nvisiaus (A+L~C 8-4A-~). Yoru' ~ae~s aa+~c to ~ac~ttn a ptopctity boa~dary ~o c~mroe a 60-acre parcaf to 1~ dea~ad eely to ~ Kaettuei• toy detti+cel~cm ~l ~~ es a public pnr3c. While ~i~iAcem infon~ti' on as to tfye-~sharit~ of tit]e and witb ~ a~ W~rcranty D~oeds 823744 end 8?.3745 atz most ~ eo dais They es~btiafi d+~a tlea Elsa u pdrrais, as a8a+an in your ;rx}n'hit A, are ctmsid>Bred sepaa~ce l ~ ere ept+ac~t ff+am tM Gnunty'n contiguous parcels yrovisiocfs. The p~arcx}a all ntect cstrrc~ dini[>~ standards of the Ads f~otanty CatSe and are tlxx+tr~occ Y ao~tn"~ ~~ tsa parcel records shQwicag only t',}s~ee distinct peels. ~awever, Pared 3 ttpa afa~recl fit eppeera w be m prppe:,y 6nv~arr adiuataeuaat with t Ss~o2 Uinriat Na. ~. 'This acc~ared is twv treeosacdau; • f +arccl S ] i 115417"200 urea steered b}~ ~t #9912173Q ~ Maralt 3, 2ti00. Tbrtat pinky ~' cry naafi ~ pa~vido a to River Yatley F,~aaaa~y Schaal $+oan 'Pac}cari! 1Vln. 3 Sufxiivisiott. • Parccl SI lQS417210 vrtas cx+~ed by ' ~IWU33474 ott Jae 29, ZOOQ. Tf paneel is +ctly uee~ ~o pmveda sa~xu to Rlv~r Yadey E frtmt Fa> Road. At die time that these petaels vrere s p[up~arty tto~daty ~ appt~teon teguirzd. l3ov+~evca, ate tsf~ce sfmll fits pewraal •s hav}uag boE~1 mooed fyy- 8tsvcr a pea A(~C 8-4A-13- mnd awl w~i~w p~cat as a kl~elly ~t~x-8 #a''h'. Tba iwp ~ ~otod wbova a~ bm daaraa3 to !rc prrt of iha ~s twabool DEs~ed l {Sl 1US141901)'to the +aoet~-. # ZOt1i00151E hem l David Klai~' Exhibit A ~+ be advisad tht a public park. is adlowod with conditional pr~anit apgmv~ i0 the-RUT acad. R6 diatricte. Cobditi~aaal ttaw permits require a pttblie hearing befarc tlx plt~raciug dt Zoning ~tnias<ota, applicttti+p~rt is dctme~d ct~mplectc it tekee about t months ttt gv thttw~ ttia parts. A~i2ic~-tiox~ P+crrtaa~s stce 3vailabte on our ~vebste: t?r~ee, optioatat ~t+cc~an coin ane avtiiataie by coataGting vur lruut qua staff sat (246) 267-7~, if the P~ Pte' e,~+a m bt aa~rod to and devciopad itt thr City of Meridian, you would Head W conttactt th+ear plrarmi»g dopartm+~s~tit about their paracess for allowing davel~t c+f a dlr. Tf yrcsu have 0~ny qut~tions, pie~sc do not hesitate to contact me at (208) x87-?920 or ~nalonawe~.m~t. «~Si111.frClyx StCYC MAC©T1C FlanctCl II Ada County bevalcrprncnc Services CG: l~i+atiard Cook, Plan*utig & Zoning Administrator kTT. Aprplicant's Exhibit A Warranty I)aads t3~7A~4 & 823?45 Cris Edit Rtsport for 1nERtument 99121?SO CiT,S Etliz Repv~rt tirr l~osu uuiarxt 1+Of)033~474 pile # 6A 2 T~avid iEClex#cr Exhibit A Ex~rts~r a Exhibit A ,_ ~,,. "rte'? °~,». !R"~ .-. "°~,'`' 'x'f"IS • ,s ~_ w ~~ fr ' ~~ .. ,3' y. 1m;~'a./~ ~ .. n ~'* ' ~ }~~ FC7C Yi1CY reCellvad, t13e R8?I-!E ~" M, ~x ~'rr by Sta2t~ B~IL11i0! 1t1e1M~! frld ~tlgRai! M. 1t1e1e0L, p!t'7~. , s4lCitivas, t~ qrs»tox, goes hexeDy p7Caat~ baY'Q~111, sari! aegt ps,awy anus. trrx.'?aR ~'tltlotall~ lr1.Y2g~Cri #++~ 1N4lit8 N. lt1'.~I.li~p.,.,ts iadiYt4uaiN, tYNt Qrlyttee~ll, tlse lRxloMiAq dtlraMCt#biS pr0~uta~-s. to~wilx . ?tpr ~ e! !h0 sM~ •hd lhu M1~ of th0 SM1l amt Rl+e ~L tine ~++~. st the Ste, is ilbi+laa •, s~xd the ~ s~! tbA .. Sty. ist Section S a12 in le~wmahip 3 iierth, Raag0 1 fast 0f the done i+sr~.dian, in Ada C~snty, Idaho. 't'Q lIl11-i TRD TO !SOLD onto the p0rttee of the sarapd p~'t as their respeatite soia and a#par0sa praparty, Dash to !+011 Sat aed0al s~ Wkliv#ded ixtiterost tlher+-f,n, as t0sant# iA oos~a-. ?lTtfl a67fA is bei.np doll.ver.a urr an4 blt vir+a+w ts! as Order Confirwing s0x! o! Alsl troperty, ita~ka by 4he Dlati;iot Cou=t 03 the Tbicd Judicial D~strlck of tha Stste o! Idsho, Sn end Rar the Cotianty a! Ciwnyo~s, Nrgistrate binision, saaeLae 1, an t-~s 8th !try at Iwgnsta 1472, vh.imh nrel~r is Ay traTere~lca ea~asauw wads a pwrt A.r~..f, nn though ast !sa`!h in lm1l. hscRio. This aanrroysn¢a is an alasoxute ooaaeyance ai !se sitapls tithe, M#,Rhogt restriccior<a a! •aY t}rpa O,Y lone. HAva AlfD YO HOLD the ssid prswisae, wich tls0i;r ap~prr• t+"+oss unto tks tsid 6ra13teta, their iNlrs and sasaga-a i"orea0r. Amd th+i fine Grantor dose hereby oownaat to end with t?i0 Ntd ~irantw+rti, tha! it i• flee ~~f !r !ee sfspls pf said gcriata; that eeza lrr+wslt+nn ws~ trse trove ell aneroaLragann, ae~ tUSC it Mi11 warrs~st srtd de3end t!w selu0 lro+a a21 2eM:[o2 olsLa0 rhiet- sower. E$'T,i1xT 4P S141X K, K1.x1116Aa 1~eeiea0d. 1~a,1~.`-' ~l~E.•re,drL -tldiartst~..,~ - Bv_'~/ ~~ RECEIVED JUN 01 1016 o~vatc'~~e Exhibit A r .~ t •.5 .,~ ., ~ _ ~ ~ ~ ~,f ~a . ~ +f :. ~~3 ~ ,• ~' ' aAQ '~8~i !1. rt`es' '' .,~ ~r ~ x$'11 1at~ aYd ~tl~s,~ p~cflgget~ Y ., 'hift'E ~ +!~l1di M{~`#~ t~0avq'1-iuQ 1W'EZi'. .j ':. ~ ~~ • ~~ " ' ~ ~ ~Ai', 2 Dave ls~nr-tb style ny blbld apd iQ •Y otfic~al Nle~l, thw ally ^trd prRar in tJai# casts#ieate fsarrRi a,Aww~ trrittaa. ,;. '~ -Y.'tti ~ i ~ ; _. ~ ~'.~"~l~a +. ~~' ~~ ,, e Pf ~' ~, ,, ~ :* . A a a a tntp(6 i~ "\e Mp.!4t1;1t ~ ~. !~ N+> rten W~/~ ~`ti.~J~'rt Y 4MI~ e~yaA/~G.J~t'~' /! A. t6NNTNlt. R~o1M1R ~ ~. o.~ ~a r~ a 7 ie t Rl~CL1VEp JUNOt °~ ors Exhibit A 7 ,y •. , ~,•'~ ~ ~: Mlf/~fgNrA; MMYif~ $~' 1-iiL1! X'ellatiMiQ~, E21i 8St'P1Nrit OF ~.. ~I. 1C1,6I~1r ddOMil~~r ¢ b~ Rapes 3~rrean d.1..lara ~ ^+si.ns k. 1Ciaistmr, p*rsea-ea +Nypse- srceiwe~, tAs ~*ntox, 4eis 4xsat, Aazpsiar soil apitl ca-3'rrey unto R~-Li'E1t J{~AlM7~AT xsxxuir~t amd cth3BMt M. 1cL><i!'i<Rr au~ a~lviduil#, tR! ctsiiteeet, thi toblcnri~tq efesaribid priueisearr EcY-tfi.#3 ~'2le s~ at tl.e ~ wad she M11 0! tlra s~ end +t+w 1qe nt t!!i etdi l,+t #'tws i'1~r 1n b!<CtJ'.pR 4, and kbs t71 s! tTte sir in Tertian !i ai3, is Tnvtiseh3,p 9 il~rth, ltiAgi i Itiet ed t1w laic. 3Mr~ctiae, frt IYBi COrtaty. Xdaho. ?0 ltl~YZ J4RD ?0 ~.C unto C!-s pa7Cti+es ts! tM s4Qend Pitt its khlit respeetiva soli irtQ aspsssLS S~aP+u tY. *rd aaeck am ha?:d sn sgnal and aedfvid*d f;Ktsrisc thar!<in, ss taaasta in cti~ott. TH1:lS TNlRA f,* L+einp d+RllVerad umlwAx sod by vifcrait o! !n flsdrr Cenfirmisiq soli of kQai Droperty, ladp by ttte DisLricL Court Q~' the ?gird J1ldiC1it3 o#*sriat vt ct.e 9tewtt of x+swha, in a*d tar th* Couaty o! CAnyan', Mspistr*#s Ti1Wi.s14A, Si~S't10n T, 07+ ktla 28th d*y o! Auggst, AB79, wdich artier 1* try ralwss'ezf+e: th/lritD iiklp * pi,ct htJrebt. es th~sugil'r eeb forth in lull h~ssin. ~'hi• Coeveyanca i; itn abaaitste convsyay-c+k n! tee slntpla W.#l+s~ rlttcuvL c•wtr3.ttlan* of ewy tYlb er ki.Md_ Tti iii1YL- 118FD 'xD }fD'i+n th+s 6l#,d gfC~li4i, rith tAeir e~r- esssnayes nnta tifa asSst ~axa-new-sr their hiisa snd sssi~nit tezewez. And the 90~id Grarttpt does hetsb+J covsnwnt to and with thw said ~zsxrt•ss. ttrxt it ie the saner in !*e *imyie a! *ai4 ~er~*eej tha# saiet ttraei.weA tx't f1'sa XXOi s.~l s1Cr1<, eau! that it wild, warrant end degan4 the aaa4s tram *21 !s+'JCei cial+aa T+tsaesaav*s, t~CATR CIY $ , 1t. 1CLEI~Rr A~eeisod. r ' ens ~rwii A } RECEtVEC! auk a ~ Exhibit A ~`; -~_ ~A ~ ., s •",_i ~e i~ ~. ~,• ~ iI ... • N ~ i t Q! a . k it ~ i11~" r~kt ~"' mod' >*. .~,,~. ~ 14LlGIli~dt sttd E8 ~. ~ 4D~bnlR14+W, ; i., '~ ~t• ~4 7~ •'df+ du1~l appainw~e aAd aatsoq yeraoasal ~ i~ vt x~e aareuts of d. Dt. 1~SaiMa`•, ~aaaw~ad, ~I x ~ rep ~t iChe a,-tau al~ted klne ~a]ragoinq i~utsnMn't. J • x~ x!'l'1hi11N wl1[ , 2 1tw~ hesa+ra~la ae~ n7 head. sad asli~ar~ ~ sY a~'iaill7. seal. l~Nt daY end yr-ar !e- IIAte eastitlattE ~irlt w~orre wzittan. ~+ ~, p of • ltss# c ~iq~t1, xdaAo ;• •r. • + Mui !gr nmtM~d M~'Gx MM rp ,~~ MM, ISM f s v WRY +S_.11. I~Rl~#'Y wyi RECEIVED JUN 0 t tip Exhibit A ~mwn.r.at•uwerraueee~a+.w+ew..oo ;a»~~ HNI~ JD~aCOwau,iwaa• wio ~ecmwa~ow.oaow~ron ~EWREx i iM01d3iTi pi1Hf _~ i w4~ M~UIM 1MIwi 1M ~. MI.1~ pi11q~IKYp!YYYISw iIP01111 ,.-avw~m;.n.x-w~o.enarww~or •esoa,ran ~ae~~rt~ '~~ Owr Ntl90~ 'y1r1 yY~wrMd~l-rY MY arr ~/1 _._/ ^..ti~s r-w~r w +w. a~w anowrrwww~ rew namsM-anna• WIf~i00eowereN•aw~rrrat AFTE~t~1M1®3g1 ~~~~ o.w ~waMr+ sus rrr~rrr.rrrr wr a. .,.__,. .~ ~ i ~y~t~y~.7M~RNM 1«M+~Yy ~ ~~ Exhibit A .ww,~w rnaaiwr srwc ~w= aw r or~ruurrrws w1~gN _ - _ 1 B. Agency Comments 1. PLANNING DEPARTMENT 1.1 The annexation legal description submitted with the application (prepared on August 20, 2007, by Michael Byrns, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.2 Prior to annexation ordinance approval, the owner(s) of the subject property shall enter into three separate Development Agreement's with the City. Said Development Agreements shall be signed within 12 months of the City Council's approval of this application. Please see Exhibit A.3 for a map detailing the boundaries of land that will be incorporated into each DA. Each of the DA's shall include, at minimum, the provisions listed in the Analysis section in the Staff Report. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Eagle Road. At the Developers cost the applicant will be responsible at to connect to the manhole located on the west side of Eagle Road and E Leslie Dr to bring a 12 inch main south to serve the west side of this project. The east side of this project can serve two different ways depending or the plans and profiles to be submitted to the Public Works Department, One to the 12 inch line to be installed in Eagle Road and Two could possibly flow to the 8 inch line located in N Chandra Way. 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. 2.2 Water service to this site is being proposed via extension of mains in Eagle Road. The East side of this project will need connections for fire flow to Venture in the south east and Tweedbrook in the north east. The West side of the prof ect will need connections for fire flow to Fairview in the south and Chateau Drive in the north west. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being fmalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.4 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). 2.5 The applicant has not indicated who will own and operate the pressure irrigation system in this 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. 2.6 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 Exhibit B 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. 2.7 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.8 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. 2.9 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. 2.10 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements, such as fencing, micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy 2.11 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. 2.12 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. 2.13 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.16 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. 2.17 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. 2.18 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 Exhibit B 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. 2.19 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.20 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.21 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. 3. 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 fire 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' and horizontal obstructions within 3'. £ 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 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. 3.8 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be Exhibit B based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.9 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. 3.10 The proposed residential structures consist of an estimated 180,475 square feet (number of dwelling units not specified). T'he Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.11 The office/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 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 3.12 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. 3.13 The Fire Dept. has concerns about the addressing of the future structures in this development and the addresses being visible from the streets which the projects are addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.14 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.15 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. 3.16 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 around 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). 3.17 All R-2 occupancies with 3 or more units shall be required to be fire sprinklered. 3.18 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.19 Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road when all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) Exhibit B 3.20 The Fire Department is not supportive of the left-in turn lanes on Eagle Road with or without medians. 4. POLICE DEPARTMENT 4.1 The Police Department is not supportive of the left-in turn lanes on Eagle Road with or without medians. 5. ADA COUNTY HIGHWAY DISTRICT Due to the fact that this is only an Annexation application, ACHD has not submitted formal conditions of approval at this time. However, due to the size of this project ACHD did submit comments on this application that are included below. ~~:~i~' Se~ember 28, 2007 70: City of Merman, Pl~nin8 680 E. Watertower tarts, Suite 202 Meridian, Idaho 83642 Subject: CenterCaw ~~ MAZ-07-012 n/e/c and Mw/c of Eagb Road/Fairview Avenue Intersection lorri 5. fr,aen, r Retieaca w. Arnold, vbe aroawet snarr r~ tAibber, tb~arrd~lonar acre ewen6, Canrn~lorxr Carat A. McKee, ~ Ttre Staff ItiBhway 55dFairview Averwe uueraecBwn is the hest intersection within the stale of Idaho. The tecendy reviewed the Plrl~lld8e Sub~ision located ttsther south o! the sue, and the pr'ojeCted ttatl9c vokunes and level of service are identified tteia+w. Classl~tp~On 8srvlas' t;Hrrvke at e„na~a,t ~zo~a> loves not Irw~uds trsBlc trcm cne.r+Cal rincipsl Arterial 37,188 seat of "E' "C t.ocust Grove in (assumes 7-lanes at build- Rid in ~ .~» tE Rte) Fairview in I Note October 2008 Exhibit B ~OrY1ft18~ t)It PT+D~ ~~ C 1 ~ $-~~6! Q@8~5~11 PRt?JECTED TRAAFFtC While the traffic impact study is not yet complete. the applicant's tral7ic engineer has provided an estimated hip ~~ for the entire project based on the applicant's conceptual plan. At fait twill-out, the project cx~tsd gate approxsnateiy 37,000 vehicle tripe dairy. Tha mate rAUid change if tta* type or intensity of the P~ land uses are altered. NC}RT'HEAST CGRNER Fairview Avenue Access: The applicant has proposed three driveway accesses t4 Fairview Avenue betw+e~an EagHa Road artd R+ecards The applicant has pr~OSed extending Reoorr~ Drive through the side to the rxxth p~piart~- fie, ~ a co~edor roadway.. The appiicaM has proposed ores driveway access on t^airvi~w Avenue betvPeen Records Avenue and Venture Street. 't`he applicant has connecting to Venture Street, Stan Gammerrt: District staff is not supportive of the proposed driveway on Fairview Avenue roca~d c#osest to the ir>ter+~ec:tion of Eagle Road. Tt~ proposed c~ueuvays betw+e~ Eagle Road and R Avenue may be to right-inlright-swt. River Yaliey Ex15er-s1on: The applicant is proposing to build River Valley along the north property line to create a s~gnaiixed intersection with Emile Road at approximately the'h mile between Fairview Avenue and Ustidc Road. The applicant is proposing a slight shfft (approximately 3fl-f~tj to the south for this roaafway aiignmer>t. Exhibit B Staff Comment; Them road+nray was identified as a future collector roadway, and the District would require the construction of this roadway with the devebpment application. ft the roadway is proposed. to !~ shifted south, the applicant vviit be required to Rrov~ access to River Valby to the prc~erties to the north, to addition, the prt~paated shHt to the south wf~ impact the existing Rimer Valby an the west side ~ State Highway 56. Records Avenue: The appUcarrt is proposing to extend Records Avenue as a coNectar roadway through the situ to the north property line. Staff Carnrrrer>ti: This roaKiway was i~errttfied as a future colUaretar roadway, and the District would require the t~nsttuction ~ aria roadway with the development applkartron. This roadway is planned to be extended to Allya Way (which is currently uncbr construction far the first'/. mile south of Ustick Road) and tcted as development occurs north of this site. The connection to Allyn Way is critical to the vehicular arcuiatian within this area, This roadway witl provide a para~el and artenative route to Eagle Road. The applicant does not contra the property that will marble the corrnediorr~ of Allyn Way to Records Avenue, but cortrrecblon show be s regarern~rt of his developmment, ACHD, the City of Neilsen, and the developer should wexic with adjacerrt property owners to achieve the necessary right-af-way dedicetian. Greenwood Drive and Meadow Wood Drhre: The applicant has not proposed airy imPr~ or connections to these existirx,~ residential streets. Staff Ccmrmerrt: The wiN be required tQ pr~avide cui-de- tumaraunds far tts3sa roadways ar cxrnstnxrt a bql stmt cxrnner~lon within the tmopened t3pht-at`-way befiNeen theme streets. The District is not supportive ~ tying Riess rural ' I streets Into ttne proposed commeraat development. The Qi9trict is 8tlppOrtive Of providing the exerting rBSidertc84 aClCess to the propOSed Rack. NORTHWE8T CORNER Fairview Avenue htcc~e s: The srrt has poopcraed two driveway acaasses to Fairview Avenue betareen Eag~ Road and the site"s west proRerty line. Staff Comme:rrt: if na access is gained to Hickory Avenue, one of the proposed driveways to Fairview Avenue should be fuN access.. The fuN access driveway should be located as far from the Fairview/Eagle rn~tersectron as is passible. The seoand driveway should be restricted to right- inlrightonly. Hickory Avantee: The site has no frontage an Hickory Avenue, a collector street with a signalized intersection with Fairview Avenue. The Districtctt believes that a connection to Hickory Avenue could provide necessary arculation and access io Fairview Avenue. 'The District encourages the applicant to discuss these possibilities with the adjacent land owner (a church). Rhrer Vary: TtMe appticaM has proposed extending River Valley only partiatlyy Mto the site. Stafl'Comment: The ap~icant bras rat adequately a&tressed the carrtinuation of River Va~sy into the western quadrant of this devetcrpmertt_ This area of the development wi0 require some redesign by applicant. ACCES8 To fr.At~~ a©Aa The applicant has proposed rigttt-inh+gM-a~ut driveways on tx~h the east ~ci west sides of Eagle Road Ic~caterd approximately 1t8 mile north of Fairview Avenue. 't'he aprp~cant has proposed driveways on both the east and west sides of Eagle Road located approxirrwrteh- 714 m~e north of Fairview Avenue. The applicant is proposing right-intright-out ea-veways an both the: egret and the west side of Eagle Road 118 mile south of the proposed h mite signal at River Valley. The Exhibit B applicant is proposing a signalized irt~rsection with Eagle Road at the `r4 mile location (River Vatley Streetj. Comna3nt: District staff ~ not supportive of any of the proposed 118 mile right-in/rpht~ut driveways,: The [7istrid recognizes that uttirnate~ the decision far the aaaesa points on Eagle Road will lae made try the City of Meridian acid Tfd. Hcsvwever, the District pursued the designation and ttre r+~uirement for the'/: mile coltedw straws (River V~~y and Allys WaylReconc~a Avenue} in order to proviclle alternatives for access, nrr than granting additional access points to the Stall l#ighway system. "These comments are prelim~rary in nature, and the District anticipa~kes submitting a more complete analysis after the appTicartt has provided the rtec~ssary frantic impact study. tf you have any questions, please feel free to contac# me at 208-387-+6171, Sincerely, Lori Den Eiartag Planning Review Su~rvisor Right-af Way $ [)evetcpment Services CC: Project fibs Exhibit B C. Legal Description & Exhibit Map ': ~ Boundary Drscrlptfon Mertdfsn Town Center Rezone Sob No. tif177074.40 A parcel of ]and situate an rho east half of the ~utheast quarter of Sc~tion 5, Township 3 North, itange 1 East, the ~uthwest quarter said the west half of the southwest gitatter of the southeast quarter of Seaton 4, Township 3 North, Rastge 1 East, Boise Meridian, Ada Coutxty, Naha, and being mane patticularty descaibed as follows: :~ ~.. ~ ~-~ , W _ ._ .i Commtsncing at a brass cap motoring the southeast comer of Section S, Township 3 North, 4+.NP Plk,vMiNG Range 1 East, Boase.Tvlendran, the P(7I1V7' 017 E3EGINN11Vt3. "s `y) Thence S89°4b'S6"W,1322.11 feet along the south line of the east half of the ~ southeast quarter of Section S to the southwest oomer of the east Isalf of the southeast P 1~ '~, quseter afSectian S; ~~. Thence N00°Ob'3b"E, 45,28 feet slang the west line of the oast halfof tJ~e aouthea~at quffiter afSecttan 5 to a 5/$ inch mbar on the north rigt#-of-sway line of East ! Fairview Avonue; . ; ~. ~k L , Thence N44°46`Sb"E, 12b5.4t? feet along the west lino of the east half ofthe "P`"" `~ . `° "` southeast quarter of Sedan 5 to a 5!8 inch Heber tnarking rho southeast vorctear of Packard subdivision No, 4, Hook 82 of Fiats at Page 9464, reavrds of Ada cotu-ty; ,r ,~,~ '1"he~uceN4t7°{YT1;3"E, 711.69 feet along the east line ofPacJcard Subdivisioa No. 4, to a Sf $ inch rebar marking the southeast cartter of Packard Subdivisaan Na. 3, Hook 5. Pvaw ' . " ° $4 of Plats at Page 8687, records of Ada County; Thence N44°C17° 13"E, 239.3.1 foes slang the east line of Packard Subdivision No. 3, i ; ~ to the south right-oP--way line of East t'~tateatt Drive; .~.,. °° ,. .~ ,1 _ T'hesico N84°51't7b"lw, 91.55 feet along. the south rigkyt of-way lino of East Chateau t.,~, ~^~x br~ivo; ~f~. w; _ r +~~~% ~~ , Thence l 49.9b fleet on a ciuvo to the Left having a radius 70.114 feet, a c:ettoral angle of ~ ' ~ 9d°4C1'44", a chard boaring of N4~t°S 1'46'"E, and a chord letq;tlt of 48.99 feet, along `~',~ ~~~~ ~ >~ ~ said right-of-way line; ~ `''=~ -~ t °I'ltettce N04°48'S4"W, 284.67 feot along. the said oast right-of--way lane to the north line of tlse oast half of the southeast quartex of Secxian 5; i a 7~3 East W~~idinp f.~eW, Drina eu;~ s' Thence N89°SS'2&"E, 721.2b feet slang the north Tine of tho east half of tho axle ~utktoast quarter of Saaron S; p~ zaerze~.s~oD ~ ~`~~<~ ~'~ Thence S20°34' i 4"E, 48,44 fit; www +r~ar~~gn. am Pale rsf 2 Exhibit C Meridian "yawn Center itezonc cantinued... REV.... h.AP VAL „~--,:. t' ~~ .J A' 'y1 C •- Y r ,,. Thence N89°55'28"E, 356.73 feet paralle) with the Werth line ofthe east half of the southeast quarter of Section 5 to the west right-of--way line of North Eagle Reed; Thence N89°SS'28"E, ?Q.40 feet parallel with the north line of the east half of the southeast quarter of Section 3 to the west line of the southwest quarter of Section 4; Thence N00°i O'43"E, 45.ab feet slang the west line of the southwest quarter of Section 4 to a brass cap tn~rking the west quarter-section comer of Section 4; Thence A(89651'0t "]r, 7Q.00 feet along the Werth line of the southwest quarter of Section ~ to a brass cap rigk-t-of way monument, Station 142+26.5? on the east right- of-way line of North Eagle Road; Th+exrce N89°51'QI "E, 1258.28 feet aton$ the north line of the southwest quarter of Section 4 to a 5/8 inch mbar marking the center-west sixteenth-section onttter; Thence N89°50'47"E, 1330.6E3 feet along the north line of the southwest quarter df Section 4 to a Sf8 inch rebar marking the northeast corner of the southwest quarter of Section 4; Thence 500°10'49"W, 1314.73 feet along the east iine of the southwest quartar of Section 4 to a 1/°2 inch rebar rrtarking the southwest corner of Clover Meadows Subdivision No. 3, Book 24 of Plats at Page 1524, rerxmds of Ada County, Thence N89°58'34"E, 662.97 feet. along the south tine Of GIOVer Meadows Subdivision No. 3, to a 1/`2 inch rebar meriting the northwest corner of Venture Subdivision, Bootc 27 of Plats at Page 1704, records of Ada County; 'llreasce S00°04'25"W, 1266.52 feet along tho west tine of Venturt Subdivision flo the north nigtrt-tsf-way line of East P'airuiew Avenue; Thence continuing 800°04'25"W, 57.74 feet to the south line of Section 4; Thence N89°46"39"W, 664.76 foei along the south line of the west half of the southwest quarter of the southeast quarter of Seetian 4 to a 5t8 melt rebar marking the south quarter-section corner of Section 4; Thence N89°46' 17"W, 2659.Si feet along the south tine of the southwest quarter Section 4 to the t'f)tNT QF l3}?C3INNNC3, The shave-de~ribed parcel contains 258.39 acres, mare ar lei. Subjec;l; to any existing easemeatta or rights-af-way of t~eoord or Wit, Page 2 aft Exhibit C REYi Rp~VAL C;Y F': p . ~ _. i ~ , e 6db ~D C! t~ tY~ ~ "tom 1.8 C~ ~ ~.~ ~, ~ (%iRVE GENG7H gApIt15 b£LiA BEARIKC CHOkO -SrraonCarw ti ] ioa:9s E za.artr o ws~s~'Qq'E oai~-1 moo -Q~wt~.ReeeonComsr j "~ ~ 1 I t i i +{ ~~~ LSNE 7Ap1,£ GavecWatrawsSrhdkieion ! ~ Wt~ '9EANRtr1 ~~1 t s a ~~ _ o r , - a r ~w ' ~ n. 1 i. ~ _ ~ ~ ~; i t ~ h.1G~~f. ~ ,~ ~ ~ ' ~ F ~ t ~~~,~ Jr ~ ~' ~ ~ r_a I 3 ~ ~ y e i.za Basis OP $3~+prinr~ E Fohvie,rr Ave D ~ A~~~ ~:~(~"~~ PRO.~CT N0.B07"707t?.C1D a. a r a, N r w .a OATE~ ~i16/07 r~ ~row~c~rv~~ ~ „~ Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to C-G. Staff finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; No development is proposed concurrent with the zoning map amendment. Staff finds that there are several uses that are allowed and conditionally allowed within the requested zoning district of C-G. If the applicant complies with the conditions outlined in the development agreement, Staff finds that the proposed commercial district will be in compliance with the specific district regulations. Staff finds that future development of this property should comply with the established regulations and purpose statement of the C-G zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; If the applicant enters into a Development Agreement and complies with the provisions, Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The C-G zoning amendment will provide commercial area that is similar in nature to existing and proposed commercial development in the vicinity. Staff fmds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the fmdings listed above, Staff finds that Annexation and Zoning of this property to C-G would be in the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 2. Variance Findings: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: If the City Council grants the variance for the requested access points to SH 55/Eagle Road, it would grant a right or special privilege that is currently prohibited not only in the C-G zone but for all new development adjacent to state highways. Public access points are available to this site from Fairview Avenue, River Valley Street, and Venture Street. Therefore, Staff does not find that the request is consistent with UDC 11-SB- 4E-1, as it would grant a right or special privilege that is not otherwise allowed in the C-G district. However, due to the size of this site and the intensity of land uses proposed, Staff believes that without at least some of the proposed access points to SH 55, it would be very difficult for this site to develop as proposed. b. The variance relieves an undue hardship because of characteristics of the site; Staff fords that no physical characteristics of the site exist which demand access points be constructed on SH 55/Eagle Road. As previously stated, the subject site has other access points to public streets adjacent to the property. c. The variance shall not be detrimental to the public health, safety, and welfare. It is important to limit access points on major roads such as highways, as their main function is to move traffic over longer distances at higher speeds. This means separating access points on said roads so that turning movements occur at only a few locations. Frequent access points do increase congestion and limit efficiency. And as traffic congestion increases, so does the likelihood of traffic conflict and the potential for accidents. Staff fords that granting the proposed access points to Eagle Road would contribute to the existing congestion problems on SH 55/Eagle Road. This maybe detrimental to public safety. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 E. Table of Proposed Uses Code Type Use P Animal care facility) P Artist studio) Arts, entertainment or recreation P facility, indoorsi X Building material, garden P equipment and suppliesi X Church or place of religious P worship) X Civic, social or fraternal C organizations) X A/C Daycare center) X X A/C Drive-through establishments X P Education institution, private) X P Education institution, public) X Equipment rental, sales, and C service) X P Financial institution) X X P Flex space) X P Fuel sales facilityi X P Healthcare or social services X C Hospital) X P/C Hotel and motel) X P Industry, information) X P Laundromat) X P Laundry and dry cleaning X C Multi-family development X P Nursery or urban farm) X P Parking facility X P Parks, public and private X P Personal or professional service X P Public orquasi-public uses X X P Restaurant X P Retail store X Vertical integrated residential P projects X LEGEND permitted (P), accessory (A), and conditional (C) 1 at end of use title implies specific standards for the use exist in UDC chapter 4 Retail Office Residential Other Comments X X home daycare is residential; otherwise daycare is office. Home daycare is actually daycare, family or daycare, group. includes home/household, personal use, and office equipment businesses; excludes farm, industrial, and heavy equipment or machinery businesses a bank is retail; a mortgage or security broker or other financial institution is office We generally consider this accessory to the use. classification depends on general nature of use housing portion. Integrated non-residential uses count as retail or office as appropriate. Exhibit E CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 ADDITIONAL Accessory uses allowed in C-G zone but not shown above are permitted if the primary use is allowed. Uses not listed above but otherwise allowed in C-G zone may be considered by modification of DA. Uses classified as "Retail" or "Office" above count against total allowed retail or office square footages; "Residential" and "Other" uses shown above do not. Exhibit E CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006 F. Residential Properties at Time of Annexation (DA #2) Exhibit F