HomeMy WebLinkAboutGardner-Ahlquist Gateway VAC-07-012 VAR-07-018 MI-07-012CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
~E IDR IAN,-
~J
In the Matter of the Request for a Variance to UDC 11-3B-7C2 to be Allowed to Construct
up to 35 feet of the Required 35-foot Wide Landscape Buffer within the Idaho
Transportation Department's Right-of--Way along Eagle Road; Variance to UDC Table 11-
2B-3 to be Allowed to Decrease the Required Street Landscape Buffer Width from 35 feet
to 30 feet for Approximately 54 Linear Feet along Eagle Road; Vacation of the Existing
Public Utility, Drainage, and Irrigation Easements within Montvue Park Subdivision; and
Request to Modify Several Provisions of the Recorded Development Agreement (DA) and
to Include Both Phases of the Gardner-Ahlquist Gateway Development into One DA, by
Timberline Surveying, PLLC.
Case No(s). VAC-07-012, VAR-07-018, & MI-07-012
For the City Council Hearing Date of: October 16, 2007 (Findings on the November 7, 2007
City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 16, 2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 16, 2007,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October
16, 2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of October 16, 2007, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAC-U7-012, VAR-07-018, & MI-07-012
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
The conditions shall be reviewable by the City Council pursuant to Meridian City Code
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Concept Plan, Development
Agreement, and provisions noted in the attached Staff Report for the hearing date of
October 16, 2007, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of
the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The Applicant's Variance request to UDC 11-3B-7C2 to be allowed to construct up to 35
feet of the required 35-foot wide landscape buffer within the Idaho Transportation
Department's right-of--way along Eagle Road, as evidenced by A.2 and A.3 in the
attached staff report for the hearing date of October 16, 2007, incorporated by reference,
is hereby approved;
2. The Applicant's Variance request to UDC Table 11-2B-3 to be allowed to decrease the
required street landscape buffer width from 35 feet to 30 feet for approximately 54 linear
feet along Eagle Road, as evidenced by Exhibits A.2 and A.3 in the attached staff report
for the hearing date of October 16, 2007, incorporated by reference, is hereby approved;
3. The Applicant's request to vacate the existing public utility, drainage, and irrigation
easements within the portion of Montvue Park Subdivision that is being re-subdivided for
the Gardner-Ahlquist Gateway development as depicted in Exhibit A. 5 of the attached
staff report for the hearing date of October 16, 2007, incorporated by reference, is hereby
approved; and
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAC-07-012, VAR-07-018, & MI-07-012
-2-
4. The Applicant's request to Request to modify several provisions of the recorded
Development Agreement (DA) and to include both phases of the Gardner-Ahlquist
Gateway development into one DA is hereby approved as amended by Council (see
Exhibit A.6 of the attached staff report for the hearing date of October 16, 2007,
incorporated by reference).
D. Attached: Staff Report for the hearing date of October 16, 2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAC-07-012, VAR-07-018, & MI-07-012
-3-
By action of the City Council at its regular meeting held on the ~~ day of
2007.
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED ~ ~-
VOTED__
VOTED /~/~~
VOTED__~~~
VOTED
~`/dry=~ ~~~~~~
MAYOR T~%I„ Y de WEERD
ATTEST: ~~~~~ ~~~~~~;~~
~~ ~ -
~~. ~
WILLIAM G. BERG, J ., ITY CLER ~ ~~~J ~'
'7',~ ~Ttcgq v;~~
Co served u on: / A licant~`'o~;; ~I ~~,~`~~~
pY p pp ,<<,;;,t,t~.
/~ Planning Department
/ Public Works Department
~'~ City Attorney
B :. ~ ~,~ ti' ~ / Dated: ~ ~ - ~ ~~0
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). VAC-07-012, VAR-07-018, & MI-07-012
-4-
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007
STAFF REPORT
HEARING DATE: October 16, 2007 E IDIAN~
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
(208) 884-5533
SUBJECT: Gardner-Ahlquist Gateway
• VAR-07-018
Request for a variance to UDC 11-3B-7C2 to be allowed to construct up to
35 feet of the required 35-foot wide landscape buffer within the Idaho
Transportation Department's right-of--way along Eagle Road;
Request for a variance to UDC Table 11-2B-3 to be allowed to decrease the
required street landscape buffer width from 35 feet to 30 feet for
approximately 54 linear feet along Eagle Road
• VAC-07-012
Request to vacate the existing public utility, drainage, and irrigation
easements within Montvue Park Subdivision.
• MI-07-012
Request to modify several provisions of the recorded Development
Agreement (DA) and to include both phases of the Gardner-Ahlquist
Gateway development into one DA.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Timberline Surveying, PLLC, is requesting a Variance (VAR) to two different
sections of the UDC pertaining to the street landscape buffer. The first is for a variance from UDC
11-3B-7C2, which requires landscape buffers along streets to be located at the subdivision boundary
within a common lot or permanent easement. Instead, the Applicant is proposing to construct all of
the required 35-foot wide buffer along Eagle Road within the Idaho Transportation Department's
right-of--way in certain areas. The second is for a variance from UDC Table 11-2B-3 that requires a
35-foot wide street landscape buffer adjacent to arterial streets. The Applicant is proposing to
construct the full buffer width on all but a small section (54 linear feet) on the northern portion of the
site along Eagle Road. In this area, the Applicant is requesting that a Variance be granted to reduce
the buffer width from 35 feet to 30 feet, measured from the future back of sidewalk to the proposed
parking area.
If approved, the landscape Variance would allow the Applicant to count up to 35 feet of the adjacent
Idaho Transportation Department (ITD) right-of--way (ROW) toward the required street landscape
buffer along N. Eagle Road, an entryway corridor. The Applicant states that the portion of ROW
proposed to be used for the required buffer is surplus ROW. Further, the Applicant states that the
Eagle/Franklin intersection was improved two years ago and is not within the Statewide
Transportation Improvement Plan (STIP) for further improvements within the next five years. The
Applicant's justification for the requested variance is listed in Section 4.h of this staff report.
The Applicant is also requesting a Vacation (VAC) to vacate the existing public utility, drainage, and
irrigation easements in the portion of Montvue Park Subdivision that is being re-subdivided for the
Gardner-Ahlquist Gateway development. Montvue Park Subdivision was previously a residential
Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012
Page ]
('ITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007
subdivision of which the Applicant is proposing to re-subdivide as a commercial subdivision.
Additionally, the Applicant is requesting to modify several provisions of the recorded Development
Agreement (DA) for Gardner-Ahlquist Gateway, and incorporate provisions contained in the
Gardner-Ahlquist Gateway South DA into one modified DA.
The easements proposed to be vacated were created on the Montvue Park Subdivision plat and
include all utility, drainage, and irrigation easements for Montvue Park Subdivision excepting those
lots under current ownership of ACHD (Lots 6 - 7, Block 1), ITD (Portions of Lot 1, Block 2, and
Lots 7 - 8, Block 5), and Med Prop, LLC (Lot 2, Block 5, and Portion of Lot 3, Block 5).
The easements requested to be vacated include 3-foot wide easements for public utilities on each side
of all side and rear lot lines and a 25-foot wide irrigation and drainage easement that runs across the
property. The vacation of these easements will remove platted easements that are no longer needed
for the proposed commercial subdivision.
The DA modification is proposed to clean-up several provisions of the Gardner-Ahlquist Gateway
DA's (there is currently a DA for the northern portion of the property and a DA for the southern
portion) that had discrepancies and include the DA provisions for Gardner-Ahlquist Gateway South
into one DA. Both of these DA's have already been recorded. Approval of the requested modification
would allow the entire property to be regulated under one DA.
2. SUMMARY RECOMMENDATION
Staff is recommending approval of the subject VAR application (VAR-07-018), VAC
application (VAC-07-012), and Miscellaneous application for a Development Agreement
modification (MI-07-012) for the reasons listed herein. Staff finds that the VAR application meets
all of the findings required in the UDC in order for the City Council to grant a variance. (See
Analysis, Section 8, of this report, for more details.)
~, City Counc il Public Hearing:
i. In favor: Tom A hlq~ij~t,~pplicant/Owner ; Pame la Ha
Il, Timberline Surveying.
ii. In on_nosition: N one _
iii. Commenting: D ave Miller, St. Luke's; Ma tt Bell
iv. Written testimo ny; None
v. Staff presenting application: Anna Canni ng
vi. Other staff com menting on application: N one
1L Key Issues of Discussion by Council:
i. Future improve ments to Eagle Road/SH 5 5: and
ii. Future buildin~ sauare footage; allowanc e of a er or under range of the
10°/~ ov
~_ lowest numbers.
Key Council Changes to
Staff Recommendation _
i. Council ap proved 300.000 square fee t of of fice space. 52.000 square feet o
retail space, an d a 140,~~quare foot hotel w ith a provision that allows the
Planning Direct or to allow a pluc or minu c 10% change in square footage on anv
individual build
ii. itv Council r ing.
equested that an undate
d con
cept elan be included in the
evelopment A greement along with the plan submitted at the hearing tha
~nicts building
iii. itv Council re ~quare footag~.(shown in
quested that the approved Exhib
buildi it A.81.
ng elevations be included as an
Exhi it in the U cvelopment :lgrcement (sh own i n Exhibit A.91.
Gardner-Ahlquist Gateway VAR-07-018, VAC-07-0128;. MI-07-012
Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007
3. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Numbers VAR-
07-012, VAC-07-012, and MI-07-012, as presented in Staff Report for the hearing date of October 16,
2007, and direct Planning Staff to prepare findings for approval based on tonight's hearing, with the
following changes: (insert any changes here) I further move to direct Legal Department Staff to
prepare an amendment to the recorded Development Agreements for this site that reflects the subject
changes to the Development Agreements.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Numbers VAR-07-
012, VAC-07-012, and MI-07-012, and direct Legal Staff to prepare the appropriate findings
document for denial. (You should state why you are denying the request.)
Continuance
I move to continue File Numbers VAR-07-012, VAC-07-012, and MI-07-012, to the hearing date of
(insert continued hearing date here) for the following reason(s): (you should state specific reason(s)
for continuance)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
The site is located on the southeast corner of E. Franklin Road and N. Eagle Road
Northwest '/ of Section 16, Township 3 North, Range 1 East
b. Owners:
Meridian Medical Plaza, LLC
13901 W. Wainwright, Suite B
Boise, ID 83713
Gardner Kem C Family Partnership
13901 W. Wainwright, Suite B
Boise, ID 83713
Joseph Verska & Samuel Jorgenson
360 E. Montvue Drive, Ste. 100
Meridian, ID 83642
c. Applicant:
Timberline Surveying, PLLC
847 Park Centre Way, Suite 3
Nampa, ID 83651
d. Representative: Pamela Hall, Timberline Surveying, PLLC
e. Present Zoning: C-G (General Retail and Service Commercial)
f. Present Comprehensive Plan Designation: Commercial
g. Description of Applicant's Request:
The Applicant is requesting a Variance from UDC 11-3B-7C2, which requires landscape buffers
along streets to be located at the subdivision boundary within a common lot or permanent
easement. The Applicant is proposing to construct up to 35 feet of the required 35-foot wide
buffer along Eagle Road within the Idaho Transportation Department's right-of--way between
Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012
Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007
Franklin Road and the proposed extension of Louise Drive.
The Applicant is also requesting a Vacation (VAC) to relinquish the existing public utility,
drainage, and irrigation easements in the portion of Montvue Park Subdivision that is being re-
subdivided for the Gardner-Ahlquist Gateway development.
Additionally, the Applicant is requesting to modify several provisions of the recorded
Development Agreement (DA) for Gardner-Ahlquist Gateway and include the property contained
in Gardner-Ahlquist Gateway South into one DA for the entire development.
h. Applicant's Statement/Justification:
VAR: The Applicant proposes to meet and exceed the City's requirement fora 35' wide buffer
along Eagle Road. Because the Eagle/Franklin intersection was improved two years ago, further
improvements are not slated to occur at least within the next five years, per the Statewide
Transportation Improvement Plan (STIP). Additionally, per City Code, surplus ROW is required
to be landscaped via a license agreement with ITD if road expansion is not scheduled within the
STIP. Because it is not scheduled, ITD is willing to enter into such an agreement with the
developer to landscape their ROW. Because road improvements are not planned, the Applicant
believes they should be allowed to utilize the surplus ROW for the buffer. Because ITD owns
surplus ROW beyond their ultimate ROW, there is a jog of 40 to 100 feet from the ultimate ROW
line. Allowing the VAR would allow the buffer to be constructed more uniformly across the
property frontage and would not create as much of a jog in the buffer. (See Applicant's letter
submitted with the application for more information.)
VAC: The proposed Gardner-Ahlquist Gateway development is a re-subdivision of the majority
of Montvue Park Subdivision. Prior to the recordation of the final plat for Gardner-Ahlquist
Gateway subdivision and Gardner-Ahlquist Gateway South subdivision, the easements created
with the Montvue Park Subdivision need to be vacated. (See Applicant's letter submitted with the
application for more information. j
MI: The Applicant states that several items included in the Gardner-Ahlquist Gateway DA show
discrepancies (such as owner/developer, square footages, and number of buildings) and need to
be cleaned up. In order to simplify the process for Staff and the Applicant to regulate allowed
uses for the entire property, the Applicant is also proposing to combine the conditions of approval
from the Gardner-Ahlquist Gateway South portion of the development into the Gardner-Ahlquist
Gateway DA. (See Applicant's letter submitted with the application for more information.)
5. PROCESS FACTS
The subject application will, in fact, constitute a variance as determined by City Ordinance. By
reason of the provisions of the Meridian City Code Title 11, Chapter 5, a public hearing is
required before the City Council on this matter.
b. The subject application will, in fact, constitute a vacation as determined by City Ordinance. By
reason of the provisions of the Meridian City Code Title I1, Chapter 5, a public hearing is
required before the City Council on this matter.
The subject application will, in fact, constitute a development agreement modification as
determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11,
Chapter 5, a public hearing is required before the City Council on this matter.
d. Newspaper notifications published on: September 24, 2007 and October 8, 2007
e. Radius notices mailed to properties within 300 feet on: September 21, 2007
f. Applicant posted notice on site by: October 9, 2007
Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012
Page 4
C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, ?007
6. LAND USE
a. Existing Land Use(s): Vacant, except for 1 existing house that is being removed.
b. Description of Character of Surrounding Area: This area mostly consists of commercial and
office uses with some rural residential properties in Greenhill Estates to the west.
c. Adjacent Land Use and Zoning:
1. North: Commercial retail (R. C. Willey's), zoned C-G
2. West: Offices (Parkway Plaza), zoned L-O; Residential (Greenhill Estates), zoned R2 (Ada
County)
3. South: Hospital/medical center (St. Luke's), zoned L-O
4. East: Offices/residential (Touchmark Living Center), zoned L-O
d. History of Previous Actions:
- On July 10, 2007, the northern 26.84 acre portion of the subject property (Gardner-
Ahlquist Gateway) was granted Annexation and Zoning (AZ-06-065) approval by City
Council with a C-G (General Retail and Service Commercial) zone. A Development
Agreement was also approved with the annexation (Instrument No. 107099628).
- On April 24, 2007, a Variance (VAR-07-006) was approved for aright-in/right-out
access to Eagle Road.
- On May 28, 2007, the northern portion of the subject property (Gardner-Ahlquist
Gateway) was granted Preliminary Plat (PP-07-007) approval by City Council for I1
building lots on 19.3 acres in a C-G zone.
- On September 25, 2007, the southern 6.67 acre portion of the subject property (Gardner-
Ahlquist Gateway South) was granted Annexation and Zoning (AZ-07-010) approval by
City Council with a C-G (General Retail and Service Commercial) zone. A Development
Agreement was also approved with the annexation (Instrument No. 107134668).
- On August 28, 2007, the southern portion of this property (Gardner-Ahlquist Gateway
South) was granted Preliminary Plat (PP-07-012) approval by City Council for 5 building
lots on 6.67 acres in a C-G zone.
- On August 28, 2007, the southern portion of this property (Gardner-Ahlquist Gateway
South) was granted approval for the construction of a private street (PS-07-005).
- On September l 1, 2007, a Final Plat (FP-07-027) was approved by City Council for the
northern portion of the site (Gardner-Ahlquist Gateway) for 1 ] building lots on 18.47
acres in a C-G zone.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: This property is proposing sewer from mains in Franklin Road.
Location of water: There are currently water mains in Franklin and E. Louise Drive.
Issues or concerns: When reviewing the plat for Montvue Subdivision for
existing easements of record, Staff became aware that the old plat depicts a
portion of land appearing to be right of way for the Snyder Lateral. Staff was
concerned that this was actually a separate parcel of land, However Don Watts,
ADA County Land Records Analyst consulted with the applicant and the
Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, ?007
County surveyor's office and has made the determination that the Snyder
Lateral is in an easement, and that the property pins shown should be
considered as witness corners, which was common practice at the time.
2. Vegetation: NA
3. Floodplain: This site is not located within the floodplain.
4. Canals /Ditches /Irrigation: There is one irrigation/drainage ditch that bisects the
subdivision and one that runs along the south boundary of the subdivision.
5. Hazards: Staff does not know of any hazards that exist on this property.
6. Size of Property: NA
f. Landscaping:
Per the Future Land Use Map, Eagle Road is designated as an "Entryway Corridor" adjacent
to this site. As such, the UDC (Table 11-2B-3) requires a 35-foot wide street buffer adjacent
to Eagle Road. The UDC (11-3B-7C2) requires landscape buffers along streets to be placed in
either a common lot or permanent easement at the subdivision boundary. The Applicant has
submitted the subject variance to allow up to 35 feet of the required landscape buffer along
Eagle Road to be located within ITD's right-of--way.
7. AGENCY COMMENTS MEETING
No comments were provided for these applications. Please see the public record for any written
comments that may have been submitted by other agencies on these applications.
8. ANALYSIS
a. Analysis Leading to Staff Recommendation:
Staff has provided analysis below regarding the proposed applications.
VAR Application: The Applicant is requesting a Variance (VAR) to two different sections of the
UDC pertaining to street landscape buffers. The first is for a variance from UDC 11-3B-7C2,
which requires landscape buffers along streets to be located at the subdivision boundary within a
common lot or permanent easement. The Applicant is proposing to construct up to 35 feet of the
required 35-foot wide buffer along Eagle Road within ITD's right-of--way between Franklin Road
and the proposed extension of Louise Drive. The second is for a variance from UDC Table 11-
2B-3 that requires a 35-foot wide street landscape buffer adjacent to arterial streets. The
Applicant is proposing to construct the full buffer width on all but a small section (54 linear feet)
on the northern portion of the site along Eagle Road. In this area, the Applicant is requesting that
a Variance be granted to reduce the buffer width from 35 feet to 30 feet, measured from the future
back of sidewalk to the future parking area (see Exhibit A.2). The Applicant states that because
improvements to the Eagle/Franklin intersection were made two years ago, further improvements
are not included in the five-year Statewide Transportation Improvement Plan (STIP) for this area.
For this reason, the Applicant is proposing, and will be required to, landscape the remaining
ROW in this area until such time as a right-turn lane is added.
Although the intersection of Franklin and Eagle has recently been improved, Staff does not
believe it is built to its ultimate section. Staff believes that an east bound right turn lane will
eventually be constructed from Eagle Road onto Franklin Road. Staff recognizes that this
construction may not occur for some time. But as the Planning Department, our job is to account
for future situations, not just the present. Therefore, Staff is not supportive of the Applicant
counting the right-of--way that will be needed for the right turn lane as part of their landscape
buffer width. Further, ITD does not typically allow trees, or any dense landscaping within their
Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012
Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007
ROW. Staff is concerned that if the Applicant is allowed to use this much ROW towards their
landscaping that it will not be densely vegetated. The ideal situation would be for the Applicant to
apply to ITD to vacate a portion of the ROW along Eagle Road. That way there could be a
consistent landscape buffer width along Eagle Road. The Applicant is currently in the process of
doing a land swap with ITD and will be acquiring a portion of the ROW from them at the
northern portion of the site. The Applicant has submitted a landscape plan with this application,
included as Exhibit A.3 that shows how the buffer is proposed to be landscaped. This drawing
does not account for the future right turn lane; landscaping shown on the plan should he shifted to
account for the right-turn lane and should be provided on the site as shown. The Applicant has
stated that they have submitted a landscape plan to ITD for approval of the proposed landscaping
within the ROW.
Staff obtained a copy of the ITD approved plan of the proposed layout of the Eagle/Franklin Road
intersection depicting the future right turn lane and sidewalk, from Horrocks Engineers (see
Exhibit A.2. of this staff report). This plan depicts 30 feet of ROW at the narrowest point
measured froth the back of sidewalk to the ultimate ROW line of Eagle Road. The ROW line is
not consistent in width along this portion of Eagle Road; it widens to 35.4'+ further to the south.
The plan also depicts a 10-foot wide sidewalk with tree grates that is attached to the curb along
Eagle Road.
The UDC (11-3H-4C3) requires a 10-foot wide multi-use pathway along Eagle Road. Because a
5-foot wide sidewalk currently exists along Eagle Road in this location and the Applicant
does not wish to tear it up and re-construct it, the Applicant is proposing to construct a
divided sidewalk intermittently along Eagle Road per the plan in Exhibit A.2 (i.e. 5 feet of
sidewalk, then landscape planter, then 5 feet of sidewalk). The Applicant has requested that
they be allowed to do this through a provision in the DA (see Exhibit A.6, #5.1.16). NOTE:
If the Applicant attaches additional concrete to the sidewalk or does not construct a
detached walk, then this width (10 feet) will not count towards the landscape buffer
requirement along Eagle Road.
After review of the Eagle/Franklin Road intersection plan, Staff has determined that in
most places, there is enough surplus (the amount of ROW left after ultimate build-out)
ROW in which to construct the entire 35-foot wide buffer; however, in the area where there
is not enough ROW (54 linear feet at the northern boundary), the Applicant is requesting a
variance to be allowed a 5 foot reduction in buffer width to 30 feet -Staff is supportive of
this request.
The UDC has three very specific findings (see Exhibit B) that have to be met in order for the
Council to grant a Variance. Staff believes that the Applicant's request meets these findings. For
this reason, Staff supports the variance requests as proposed by the Applicant with the conditions
stated below in Section 9.
VAC Application: The Applicant is requesting to vacate the existing public utility, drainage, and
irrigation easements in the portion of Montvue Park Subdivision that is being re-subdivided for
the Gardner-Ahlquist Gateway development. Montvue Subdivision was previously a residential
subdivision, the majority of which the Applicant is proposing to re-subdivide for a commercial
subdivision. Prior to recordation of the final plats for this development, the easements platted
with Montvue Park Subdivision need to be vacated. The easements proposed to be vacated
include all utility, drainage, and irrigation easements for Montvue Park Subdivision excepting
those lots under current ownership of ACHD (Lots 6 - 7, Block 1), ITD (Portions of Lot 1, Block
2, and Lots 7 - 8, Block 5), and Med Prop, LLC (Lot 2, Block 5, and Portion of Lot 3, Block 5).
The subject easements include 3-foot wide easements for public utilities on each side of all side
and rear lot lines and a 25-foot wide irrigation and drainage easement (see Montvue Park
Gardner-Ahlquist Gateway VAR-07-O18, VAC-07-012 & MI-07-012
Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007
subdivision plat in Exhibit A.4). The Applicant has submitted letters of relinquishment from
Idaho Power, Qwest, Cable One, Intermountain Gas, and the Nampa & Meridian Irrigation
District. Staff supports the vacation of easements as proposed by the Applicant.
MI Application: The Applicant is requesting to modify several provisions of the recorded
Development Agreement (DA) for Gardner-Ahlquist Gateway (Instrument # 107099628) and also
include the provisions contained in the Gardner-Ahlquist Gateway South DA (Instrument
#107134668) in one modified DA for Gardner-Ahlquist Gateway. The two existing DA's would
be replaced with one agreement containing provisions that apply to the overall development. Staff
has compared the two existing DA's and has made sure that all of the applicable provisions of the
Gardner-Ahlquist Gateway South DA have been included in the proposed modifications to the
Gardner-Ahlquist Gateway DA. Please see Exhibit A.6 for the Applicant's proposed amendments
to the DA.
Staff is generally supportive of the request to include the provisions of both DA's in one
agreement for the entire development. Because these developments are under the same
ownership and contain roughly the same DA provisions, combining the two DA's into one
will simplify the process for Staff and the Applicant to regulate the allowed uses on this site
in the future.
Please note the following items pertaining to some of the other DA modifications requested
by the Applicant (See Exhibit A.6 for a comprehensive list of DA modifications):
The Applicant has requested that Sectionsl.l, 1.9, 3.2, 3.3, 3.4 and 16 be modified to
reflect Developer information instead of Owner information. The Ada County Tax
Assessor's records indicate that Meridian Medical Plaza, Gardner Kem C Family
Partnership, Joseph Verska, and Samuel Jorgenson all own lots within the development.
Staff contacted Bill Nary, City Attorney, to determine if only the Developer could be
listed on the DA and sign the DA. Because the DA determines how the property will
develop in the future and is tied to the land, all of the owners of the property have to
be listed and sign the agreement. For this reason, Staff does not support the request
to remove the owner information from the agreement.
The Applicant has requested that provision #5.1.6 be modified to allow between 300,000-
400,000 square feet of office space, 52,000-74,000 square feet of retail space and a
140,000-200,000 square foot hotel consistent with the concept plan approved for this
development with Gardner-Ahlquist Gateway South; and be required to have a minimum
of thirteen buildings within the development, nine on phase 1 (Gardner-Ahlquist
Gateway) and four on phase 2 (Gardner-Ahlquist Gateway South). (Note: There were
discrepancies between previous concept plans and DA's for this development in square
footages and number of buildings required on the site. The concept plan shown in Exhibit
A.8 is correct and should be included as an exhibit in the revised DA. The Applicant is
now requesting changes to "clean-up" these items.) Staff supports the requested
changes previously mentioned. Additionally, the Applicant is requesting an increase to
the maximum square footage allowed for single buildings to 225,000 square feet. Staff
supports this request with the added provision that no building footprint shall
exceed 75,000 square feet. (Note: Staff is not supportive of the Applicant's request to
modify the proposed height of the hotel through the DA process. See bullet below).
Further, Staff recommends that the concept plan included as Exhibit A.3 in the DA
for the Gardner-Ahlquist Gateway South, shown in Exhibit A.8 of this staff report,
be included in the new DA for the overall development.
• In DA provision #5.1.16, the Applicant is requesting to be allowed to construct a 10-foot
wide divided sidewalk intermittently along Eagle Road (i.e. 5' wide sidewalk, then
Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012
Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007
planter island, then 5' wide sidewalk) to meet the UDC (11-3H-4C3) requirement for a
10-foot wide multi-use pathway consistent with the Eagle Road Corridor Study along
State Highway 55/Eagle Road. The Eagle Road Corridor Study requires detached
sidewalks along Eagle Road. However, the City Council heard and was supportive of
this same request at the City Council hearing for the final plat on September 11,
2007. For this reason, Staff is supportive of the proposed divided sidewalk along
Eagle Road to be constructed with the subdivision improvements for this
development. Please note that if the pathway is attached to the curb, it will not count
toward the required street buffer width; if it is not attached to the curb and is
constructed as a detached sidewalk, the pathway width will count toward the buffer
width.
Additionally, Staff is requesting that the legal descriptions included in Exhibit A.7 of
this staff report, which shows both the northern and southern portions of the
development, be included in the DA to replace the original legal description for the
northern portion of the development (Gardner-Ahlquist Gateway).
9. RECOMMENDATION
Staff is recommending approval of the Applicant's request for a Development Agreement
modification as modified by Staff in Exhibit A.6. Further, Staff is supportive of the requested
Vacation of certain platted easements in Montvue Park Subdivision. Additionally, Staff believes
that the Applicant's request meets the required findings for granting a variance (see Exhibit B),
and is recommending approval of the variance with the following provisions:
a. Applicant shall meet all terms and conditions of approval of the annexations (AZ-06-065 &
AZ-07-010), preliminary plats (PP-07-007 & PP-07-012), and final plat (FP-07-027)
previously approved for this site.
b. Except for a small portion near the Franklin Road intersection, the Applicant shall provide a
35-foot wide landscape buffer along the Eagle Road frontage measured from the future back
of sidewalk to the on-site parking, as shown in Exhibit A.2 and with the landscape materials
shown in Exhibit A.3. The Applicant may construct all or a portion of the required street
buffer within the Eagle Road ROW where space allows; any portion of the buffer that does
not fit within the ROW shall be constructed on the Applicant's property. The required 35-foot
wide street landscape buffer may be constructed within the ROW as requested and be placed
beyond the 10-foot wide pathway constructed at the future back of curb location at the
ultimate build-out of Eagle Road with the right-turn lane onto Franklin Road. The buffer
width shall be reduced to 30 feet in width for the 54 linear foot section at the northern portion
of the site where there is not adequate room in the ROW for the entire buffer width.
c. The 10-foot wide pathway along Eagle Road shall be constructed in its future location
accounting for the future construction of a right-turn lane from Eagle onto Franklin Road, per
the plan in Exhibit A.2. If the sidewalk is attached to the curb as shown, the width of the
sidewalk will not count toward the required buffer width; if the sidewalk is detached from the
curb, the width of the sidewalk will count toward the required buffer width.
d. The Applicant shall obtain approval from the Idaho Transportation Department (right-of--way
encroachment permit and permit to work in the State Right of Way) to landscape the surplus
right-of--way for Eagle Road adjacent to this site as shown in Exhibit A-3 (surplus right-of-
way shall mean all area behind the curb at ultimate build-out). If permission is not granted for
trees within the ROW, the applicant shall submit an alternative compliance application to
Planning Staff to review an amended landscape plan for compliance.
Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012
Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 16, 2007
10. EXHIBITS
A. Maps/Other
1. Vicinity/Zoning Map
2. Plan Showing Ultimate Expansion of Eagle Road with Right Turn Lane at Franklin/Eagle
Road Intersection & Detail of Proposed Sidewalk
3. Landscape Plan
4. Montvue Park Subdivision Plat
5. Description and Exhibit Map Depicting Easements Proposed to be Vacated
6. Proposed Modifications to the Development Agreement for Gardner-Ahlquist Gateway
7. Legal Description
8. Concept Plan BEVISED
4. Building Elevations
B. Required Findings from Unified Development Code (Variance)
Gardner-Ahlquist Gateway VAR-07-018, VAC-07-012 & MI-07-012
Page ] 0
Exhibit A.1 -Vicinity/Zoning Map
Exhibit A.2 -Plan Showing Ultimate Expansion of Eagle Road with Right Turn Lane at Franklin/Eagle Road
Intersection & Detail of Proposed Sidewalk
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Exhibit A.6 -Proposed Modifications to the Development Agreement for Gardner-Ahlquist Gateway
MODIFICATIONS REQUESTED ARE AS FOLLOWS (strike-through or underlined):
(Staff's rc~contnu~nded D~9 proi•isrons noted in ,~c~d rtulics hc~l~nr Applicaj~t's ~~c~quc~st~d
modifications.)
Stated:
PARTIES: 1. City of Meridian
2. Meridian Medical Plaza, LLC, Owner
3. Gardner Ahlquist Development, LLC, Developer
Requested:
PARTIES: 1. City of Meridian
2. Meridian Medical Plaza, LLC, Developer
Staff does not support the requested modification. However, Staff does support the update of the
owner/developer information to reflect Meridian Medical Plaza, Gardner Kem C Family
Partnership, Joseph Verska, and Samuel Jorgensen as owners of the property; because Meridian
Medical Plaza is also the Developer, they should be listed as "Owner/Developer. " (See Staff
analysis in Section 1 D of this report, for more information.)
Stated:
THIS DEVELOPMENT AGREEMENT (this A~neement), is made and entered
into this day of , 2007, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY, Gardner Ahlquist Development, LLC,
whose address is 13901 W. Wainwright, Suite B, Boise, Idaho 83713, hereinafter called
DEVELOPER, and Meridian Medical Plaza, LLC, whose address 13901 W. Wainwright, Suite
B, Boise, Idaho 83713, hereinafter called OWNERS.
Requested:
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered
into this day of , 2007, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY, and Meridian Medical Plaza, LLC,
whose address 13901 W. Wainwright, Suite B, Boise, Idaho 83713, hereinafter called
DEVELOPER.
Staff does not support the requested modification. However, Staff does support the update of the
owner/developer information to reflect Meridian Medical Plaza, Gardner Kem C Family
Partnership, Joseph Verska, and Samuel Jorgenesen as owners of the property; because
Meridian Medical Plaza is also the Developer, they should be listed as "Owner/Developer. "
(See Staff analysis in Section /U of this report. for more information.)
Stated:
1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in
the County of Ada, State of Idaho, described in Exhibit A for each owner, which is
attached hereto and by this reference incorporated herein as if set forth in full, herein after
referred to as the Property; and
Requested:
1.1 WHEREAS, Developer is the sole owners, in law and/or equity, of certain tract of land
in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is
attached hereto and by this reference incorporated herein as if set forth in full, herein after
referred to as the Property; an
Staff does not support replacing "Owner " with "Developer "for the reasons previously stated.
(See Staff analysis in Section 10 of this report for more information.)
Stated:
1.7 WHEREAS, City Council, the 8`" day of May, 2007, has approved certain Findings of
Fact and Conclusions of Law and Decision and Order, set forth in Exhibits B and C,
which are
Requested:
1.7 WHEREAS, City Council, the 8~" day of May, 2007, and the 28'" day of August, 2007,
has approved certain Findings of Fact and Conclusions of Law and Decision and Order,
set forth in Exhibit B, which are attached hereto and by this reference incorporated herein
as if set forth in full, hereinafter referred to as (the Findings); and
Staff supports the requested modification to include the approval date of Gardner-Ahlquist
Gateway South portion of the development.
Stated:
1.9 DEVELOPER and/or OWNERS deem it to be in their best interest to be able to enter
into this Agreement and acknowledges that this Agreement was entered into voluntarily
and at their urging and requests; and
Requested:
1.9 DEVELOPER deems it to be in their best interest to be able to enter into this Agreement
and acknowledges that this Agreement was entered into voluntarily and at their urging
and requests; and
Staff does not support this request for the reasons previously stated. (See Staff analysis in Section
10 of this report, for more information.)
Stated:
3.2 DEVELOPER: means and refers to Gardner Ahlquist Development, LLC, whose
address is 13901 W. Wainwright, Suite B, Boise, Idaho, 83713, the party developing said
Property and shall include any subsequent developer(s) of the Property.
Requested:
3.2 DEVELOPER: means and refers to Meridian Medical Plaza, LLC, whose address is
13901 W. Wainwright, Suite B, Boise, Idaho, 83713, the party developing said Property
and shall include any subsequent developer(s) of the Property.
Staff supports the requested modification as Meridian Medical Plaza is now the developer of the
property.
Stated:
3.3 OWNERS: means and refers to Meridian Medical Plaza, LLC, whose address is 13901
W. Wainwright, Suite B, Boise, Idaho, 83713, the parties that own said Property and shall
include any subsequent owner(s) of the Property.
Requested:
3.3 DELETE
Staff does not support the requested modification. Because Gardner Kem C Family Partnership,
Joseph Verska, and Samuel Jorgensen also o~~n lots in this development, they should be added
as o~~ners and should sign the DA.
Stated:
3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the
County of Ada, City of Meridian as described in Exhibit A describing the parcels to be
re-zoned C-G (General Commercial District) attached hereto and by this reference
incorporated herein as if set forth at length.
Requested:
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the
County of Ada, City of Meridian as described in Exhibit A describing the parcels to be
re-zoned C-G (General Commercial District) attached hereto and by this reference
incorporated herein as if set forth at length.
Staff does not support the requested modification to change the item number of this provision as
Staff does not support the previous request to delete provision #3.3.
Additionally, the Applicant did not request a change to the parcel description referenced in
Exhibit A above to reflect the inclusion of both the north and south portions of the
development but Staff is requesting that the legal descriptions included in Exhibit A.6 of this
report be included in the amended DA.
Stated:
4.1 The uses allowed pursuant to this agreement are only those uses allowed under the City's
Zoning Ordinance codified at Meridian City Code, Section 11, which are herein specified
as follows:
11 commercial lots in the proposed C-G zone on 22.30 acres, and the pertinent
provisions of the City of Meridian Comprehensive Plan are applicable to this AZ-
OS-065 application.
Requested:
4.1 The uses allowed pursuant to this agreement are only those uses allowed under the City's
Zoning Ordinance codified at Meridian City Code, Section 11, which are herein specified
as follows:
Sixteen (16) commercial lots and one lot for the construction of a private street in
the proposed C-G zone on 24.92 acres and the pertinent provisions of the City of
Meridian Comprehensive Plan are applicable to these AZ-06-065 and AZ-07-010
applications.
(Note: Provision #4.1 in the DA for Gardner-Ahlquist South reads, "S Commercial lots
on 22.3 acres in the proposed C-G zone and construction of a private street, for Gardner-
Ahlquist Gateway South and the pertinent provisions of the City of Meridian
Comprehensive Plan applicable to this AZ-07-010 application.
Staff supports the requested modification. (Note: The acreage was shown incorrectly on the
previous DA 's so the acreage for the overall development is different than that shown previously.
See legal descriptions attached in Exhibit A.6.)
Stated:
5.1.6 The site shall develop generally consistent with the submitted concept plan and shall
include between 200,000-300,000 square feet of office space, 30,000-50,000 square feet
of retail space and a 20,000-40,000 square foot hotel. A minimum of 11 buildings shall
be required on this site. No single building shall exceed 125,000 square feet.
Requested:
5.1.6 The site shall develop generally consistent with the submitted concept plan and shall
include between 300, 000-400, 000 square feet of office space, 52, 000-74, 000 square feet
of retail space and a 140, 000-200, 000 square foot hotel. A minimum of thirteen (13)
buildings, nin~9) on Phase 1 (Gardner-Ahlquist Gateway No. 1) and four (4) on Phase
2 (Gardner-Ahlquist Gateway South, shall be required on the development. No single
building shall exceed 225, 000 square feet.
(Note: Provision #5.1.6 in the DA for Gardner-Ahlquist South reads: "The site shall
develop generally consistent with the submitted concept plan and shall include between
165, 000-208, 000 square _ eet of combined office and retail space (betx~een 492, 000-
674, 000 square feet total, including the north phase. A minimum of 3 buildings shall be
required on this site. No single building within the Gardner-Ahlquist Gateway South
Subdivision shall exceed 100, 000 square_feet. '
itv Council anvroved 300.000 sauare
eet of ofFce space. 52.000 sauare feet of retail space. and a 140.000 sauare foot hotel with a
vrovision that allows the Planning Director to allow a vlus or minus 10% change in sauare
footage on anv individual building.
Staff supports the requested modification in the minimum number of buildings required on the
site - to 13.
Staff supports the request for an increase in the size of single buildings, not to exceed 225,000
square feet with the added provision that no building footprint shall exceed 75,000 square feet.
Further, Staff recommends that the concept plan elan submitted at the hearing depicting
e sauare footage of structures ~',•a„a ~ z~..~.:~,;* " z '~.^ n" ~ U '~.~ ~~va~~u "G'~,•;..t
~s shown in Exhibit A.8 of this staff report, be included in the new DA for the
overall development.
(See Staff analysis in Section 10 of this report for more information.)
Stated:
5.1.7 All buildings on the site shall be generally consistent with the conceptual office and
retail elevations submitted with this application. All buildings shall also be subject to
the city's Administrative Design Review. The applicant shall be allowed to construct
up to 100-foot tall buildings without alternative compliance or conditional use permit
approval.
Requested:
5.1.7 All buildings on the site shall be generally consistent with the conceptual office and
retail elevations submitted with these applications. All buildings shall also be subject to
the city's Administrative Design Review. The applicant shall be allowed to construct
up to 100-foot tall buildings without alternative compliance or conditional use permit
approval.
Staff supports the request as this covers the overall development.
Stated:
5.1.11 Locate a minimum of two (2) buildings abutting the landscape buffer along both Eagle
and Franklin Roads as shown on the concept plan.
Requested:
5.1.11 Locate a minimum of two (2) buildings abutting; the landscape buffer along Franklin
Road as shown on the concept plan. Locate a minimum of five (5) buildings abutting the
landscape buffer along Eagle Road, two ~2) of which to be sited on Gardner-Ahlquist
Gateway No. 1 and three (3) of which to be located on Gardner-Ahlquist Gateway South.
(Note: Provision #5.1.9 in the DA for Gardnc>r-Ahlquist South reads: "Locate a minimum
of two buildings abutting the landscape buffer along Eagle Road. ')
Staff supports the requested modification as it meets the minimum requirements of both of the
DA 's.
Stated:
5.1.16 The Applicant shall be responsible for the construction of a 10'-wide multi-use pathway
(with a public use easement) and the installation of street lights and landscaping along
Eagle Road / SH 55 that is consistent with the Eagle Road Corridor Study.
Requested:
5.1.16 The Applicant shall be responsible for the construction of a 10'-wide multi-use pathway
(with a public use easement) and the installation of street lights and landscaping along
Eagle Road / SH 55 that is consistent with the Eagle Road Corridor Study. However, the
Applicant shall be allowed to construct divided sidewalks intermittently along Ea lg_e
Road to permit landscape planters (i.e. five feet (5') of sidewalk then landscape planter
then five feet (5') of sidewalk), as allowed by the Idaho Transportation Department.
Staffsupports the requested modification. However, the Applicant should note that if the
pathway is attached to the curb that a full 35-foot wide buffer will be required measured from
the back side of the pathway. If the pathway is detached from the curb, the pathway may count as
part of the required street buffer width.
Stated:
16.
CITY: DEVELOPER:
c/o City Engineer Gardner Ahlquist Development, LLC
City of Meridian 13901 W. Wainwright, Suite B
33 E. Idaho Ave. Boise, ID 83613
Requested:
16.
CITY: DEVELOPER:
c/o City Engineer Meridian Medical Plaza, LLC
City of Meridian 13901 W. Wainwright, Suite B
33 E. Idaho Ave. Boise, ID 83613
Staff supports the requested modification as Meridian Medical Plaza is now the developer of
this site.
Stated:
22.
DEVELOPER:
GARDNER AHLQUIST DEVELOPMENT, LLC
By:
OWNERS:
MERIDIAN MEDICAL PLAZA, LLC
By:
Requested:
22.
DEVELOPER:
MERIDIAN MEDICAL PLAZA, LLC
By:
Staff does not support the requested modification. However, Staff does support the update of the
owner/developer information to reflect Meridian Medical Plaza, Gardner Kem C Family
Partnership, Joseph !/erska, and Samuel Jorgenson as owners of the property; because Meridian
Medical Plaza is also the Developer, they should be listed as "Owner/Developer. " (See Staff
analysis in Section 10 of this report for more information.)
Exhibit A.7 -Legal Description
LEGAL 17ESCR11'TI(}N
tTARDNF.R AIILQUIST G.q"fEWAI' SUI3DIVISIUN NUMRI:R 1
A parcel of land being a portion of Montwe Park Suhdi~7sion Book 17 at Page 1 IU7 of
plats aftd being lcx;ated in the ~Ionhwest l/4 of the Northwest 1 !4 of Section 16.
°iowfitship 3 North. Range 1 Fast, Boise Meridian, City of Meridian, Ada County, Idaho
acid described as follows:
Basis of Bearin€ heing the West line of the Northwest 1 /4 of said Section 16 derived
from found monuments and taken as North 00°20'34" West a distance of 2653.01 feet.
COM.'viF_NCNG at a brass cap monument marking the Northwest corner of the
Northwest 114 of Section 1(i, Township 3 North, Range 1 Fast, Boise 14teridivt;
thence along the Vl'est line of said Northwest 1/4 South 00°20'34^ East a distance of
856.55 feet (and from which the Southwest corner of said Northwest i/4 bears
South OU°20'34" East a distance of 179fr.46 feet),
thence leaving said ~L'est line South 89°58'20" East to the Easterly Right-oP--Way of
North Eagle Road a distance of 70.00 feet, being the P(~IN7' OF BEGINNING:
thence along said Right-of-Way the fi~llowing thirteen (13) courses:
North UU°20'34" West a distance of 148.27 feet:
north 89°;9'26" Fast a distance of 100.00 feet;
North 00°20'34" West a distance of 73.92 feet;
South 89°41'06" Wesi a distance of 55.00 feet:
ivonh OU°20'34" West a distance of 1 18.96 feet;
North 89°41'07" East a distance of SS.OU feet:
Korth 00°20'34" West a distance of 29.62 feet:
North 11 °41'55" East a distance of 24.56 feet:
North 00°20'34" West a distance of 1 14.34 feet;
Noah 89°39'20" F.asi a distance of 33.37 teat;
Notch 09°27'26"' East a distance of 20.00 feet:
North 80°32'34" West a distance of 9833 fecet;
North 00°20'34" West to the Southerly Right-of--Way of east Franklin Road a distance
of 148.90 feet;
thence leaving said Easterly right-oE=tray and along said Southerly Right-of-1,4'ay the
following five {5) cotuses:
South 89°] 8'34" East a distance nl'91.98 feet,
South 74°23'34" Fast a distance of 109.19 feet;
North 00°20'34" West a distance of 131.95 feet;
worth 87°46'10" East a distance of 314.6] feet;
South 89°19'30' Isast s distance of 388.83 feet:
Page ] of 2. Phase 1
U'~.T3-SUBS'd:ardmr Ahigwst Meridian Gatewaylsurvey4tega15;GA (iattway Phrtic 1 boundary legal rcvued W 1 ]-0' M8C' dtx
thence leaving said Southerly Might-of-Wa}' South U(}°1(1'01"Ease to the Northwest
comer of Touchmark Living Center Subdivision \umtler 1 recorded in Book 89 at Pages
l U3 I 3 ihraugh I U31 b records of Ada County a distance of 2UA0 feet;
thence along the West boundary line ai"said Subdivision South 00°IO'01" Fast a distance
oi" 1,OS 1.18 feet;
thence leaving said West 1~c~undary line North 84°12'20" West a distance of 187.55 feet;
thence North OU°OS'39" West a distance of 120.1 Ei feet;
thence South 89``49'22" West a distance of 40.00 feet;
thence North 89°28'29" V-~est a distance of ] 79.74 feet;
thence North QO°10'38" West a distance of 16.12 feet;
thence North 89~28'29" West a distance of 180.23 feet;
thence North 00° t U38" West a distance of I22.01 feet;
thence North 89°27'53" West a distance of 40.00 feet:
thence Norih 89"28'35" West a distance of 315.39 feet the PQIIT OF AEGINNTNG.
Said Parcel contains approximately 18.24 acres more or less. and is subject to all existing
easements and rights-of=w'ays of record or implied.
F.ND O1' UESC.RIP"I7U1'.
Kenneth I-I. Cook P.L.S. 9895
Timberline Sun~eying
847 Park Centre Way, Suite 3 _
Nampa, Idaho 8 3651 ' ~ ~ ~ - '~'
"~,~ -~c:-
208-465-5687 ,l~~,~"2`-` _ .± ~-
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~~~R:rr., , N~~~,~
Page 2 ~f 2, Pha_~e 1
(; tTS-SI)HS'~Gardner Ahlgwst A9end~an VatcwaNwn•e~•'degalsl(iA (is[ew•®} Ph~cc I Hnundary t.agak revised 1191 1-ff? MF3f' dnc
L1:G.AL DES('RIPTIUI\
GARllNF.R Al~1LQUIST GATEWAY St'l3D1~`ISI(~iv Nl?AQRI~It
A parcel of land being a portion of Montvue Park Subdivision Bouk 17 at Page 1 l07 of
plan and being located in the Northwest U4 of the Northwest 1!4 of Station 16,
Township 3 North, Range 1 Eatii, Boise Meridian. City of Meridian, Ada County, [daho
and described a., follows:
Basis of Bearing being the V-'est line of the I~TOrthwest 1!4 of said Section lb derived
from found monuments and taken as North 00°20'34" West and distance between
mt>numents found to he ?(,;.p] ft~rt_
COMMENCING at a brass cap monument marking the Northwest comer of the
Northwest l !4 of Section 1 b, Township 3 North, Range 1 East, Boise Meridian,
thence along the Nest line of said Northwest 1!4 South 00°20'34" Fast a distance of
856.55 feet and from which the Southwest cornt_~r of said Northwest 1!4 bean
South 00°20'34" East a distance of 1796.46 feet,
thence leaving said West line South 89`39'26" East to the Easterly Right-of--Way of
North Fgle Road, a distance of 70.00 feet being the POINT OF BECTI?~I1`TiNG;
thence leaving said Easterly Right-of--Way South 89°28'35" Lssi a distance of 3 ] 15.39
feet;
thence Sauth 89°27'53" East a distance of 40.00 feet;
thence South 00°10'38" East a distance of 122.01 feet;
thence South 89°28'29" East a distance of 180.23 feet;
thence South 00°10'38" East a distance of 16.12 feet;
thence South 89°28'29" Fast a distance of 179.74 feet;
thence North 89°49'22" East a distance of 40A0 feet:
thence South 00°05'39" East a distance of ] 20.16 feet;
thence Souih 89° 12'20" East a distance of 5.1 b tent;
thence along a non tangent curve to the right, from a tangent Nfiich bears
South UU° 16'25" West, with a radius of 64.47 feet and a central angle of 90°31'25" an arc
length of 101.86 feet (with a chord hearing of South 45°32'07" West, and a chord
distance of 91.59 feet);
thence North 89°12'20" West a distance of 40.14 feet;
thence South 00°46'09" East to the Northerly Right-of-Way of St. L:ukes Street, a
distance of 154.14 feet;
thence along said Northerly Right-af--Way North 89°2700" West to said Easterly
Right-oi=Vb'ay, a distance of 655.26 feet:
thence leaving said Northerly Right-of--Way and along said Easterly Right-of--Way the
following tw'o (2) courses:
Page 1 of 2, Phase 2
tl +rS-SUPS+Gudnei Nilgmst Mend~an Gateway^sarvey+legalcttrA t;alcwav Pfiase 2 Bcwndary l~al revised 0911-07 M8C' doe
along anon tangent curve to the Ieft, from a tangent which bears
N(~nh 00°i9'36" East, v<~th a radius of 5,799.58 feet and having, a central angle of
00°40'09", a length of G7.75 feci (chord bearing of North 00°00'29"Nest, 67.75
feet);
thence 1\~~rth 00°20'34" ~4~est a distance of 408.49 feet to the PCl11~T OF
AEfiTNN1~l{i..
Said Parcel contains approximately 6.68 acres more or less, and is subject to all existing
easements and rights-of--ways ofrec~~rd or impiicd.
ENU t_?Y UI:S(:'12)-1'T1UN.
Kenneth H. Cook P.I...S. 9895
Titnberline Surveying
847 Park Centre Wav, Suite 3
'Nampa, Idaho 83651
208-465-687
Page 2 of 2, Phase
U~lTS•SL'DS~,Gsrdner Ahlyunl Mendisn Gstswsy^.survey°,IegsIslGA Gstcway Phace 2 Rcwndary Lt$a1 revised 17911-Q? ~iH~' d«
Exhibit A.8 -Concept Plan -REVISED
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Plan Submitted at the Hearing on 10/16/07 Depicting Square Foota~es of Proposed Structures
RECEIVEI}
OCT 162007
Exhibit A.8 Concept Flan ~rtgofMeridian
City Clerk Office
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Exhibit B: Required Findings from the Unified Development Code (Variance)
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in
Section 11-SB-4E of the UDC to review the variance request. In order to grant a variance, the Council
shall make the following findings.
The variance shall not grant a right or special privilege that is not otherwise allowed in the
district:
The Applicant is requesting approval to construct up to 35 feet of the required 35-foot wide
landscape buffer along Eagle Road within the ROW instead of at the subdivision boundary as
required by the UDC. Staff is generally supportive of this request as the ultimate build-out of
Eagle Road results in some surplus ROW. Additionally, the ROW width in this area is quite
irregular and would result in a jagged buffer if constructed as required. If the Applicant provides
a 35-foot wide street buffer measured from the future back of sidewalk and landscaping in
accordance with the standards in UDC 11-3B-7C, the City Council finds that a special privilege
will not be granted to the Applicant.
b. The variance relieves an undue hardship because of characteristics of the site;
When ITD purchased the subject right-of--way, Staff believes that ITD envisioned Eagle Road
being wider than five lanes, as currently planned for this area with the Eagle Road Corridor Plan.
To ensure that the subject property owner is not burdened with maintaining and enhancing the
surplus right-of--way adjacent to this site after ITD completes the improvements on Eagle Road,
City Council grants approval of the subject variance.
c. The variance shall not be detrimental to the public health, safety, and welfare.
City Council finds that allowing the landscape street buffer variance on Eagle Road will not be
detrimental to the public health, safety, and/or welfare.