Memo from PlanningRECEIVED
Requested Changes to the Agenda: none that we know of... ®EC ° 4 2001
Pro ect: Gramerc Townhome City of Meridian
j y City Clerk Office
Location: The site is located approximately '/4 mile west of S. Eagle Road, and just south of E.
Overland Road. The subject property is currently located within the Urban Service Planning
Area and the corporate boundaries of the City. The comprehensive plan designates this site as
mixed-use regional.
Applications: rezone, preliminary plat, conditional use permit, DA modification.
Highlights of Proposed Development: Request to rezone 3.66 acres from R-15 to the TN-R with
concurrent preliminary plat of 38 residential building lots on 2.81 acres that would allow for the
future construction of attached townhouses on this site. The applicant also request conditional
use approval for multi-family residential on 4 other existing R-15 lots. The applicant intends to
condo the multi-family buildings consisting 31 total units.
The applicant is proposing a unique product mix for this development. The development will
include 31 condominium units and 38 townhouses with alley loaded garages with a first floor
work space allowing the owners the opportunity to work from home. The applicant is also
requesting approval to amend the Development Agreement for the subject site. The purpose of
the modification is to list the permitted and prohibited uses within the Brownstone units and tie
the developer to the proposed elevations.
Gross Residential Density: 12.02 units per acre for both projects combined.
Elevations: Yes
Commission Recommendation: approval at their October 18, 2007 public hearing.
Summary of Commission Public Hearing:
i. In favor: Becky McKay, Representative and Joe Atalla, Applicant
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
Key Issue(s) of Discussion by Commission:
i. Parking for the future Condominiums.
ii. Secondary access to the site.
iii. Occupancy classifications.
iv. Additional trees and foundation landscaping.
v. Whether the corners of the development should be considered/reviewed as multi-family
apartments or single-family condominiums.
vi. Requiring 20' X 20' parking pads for the condominium units as stated i~n the Staff Report
(Condition 1.2.10).
vii. The applicant clarified at the hearing, the future Condominium units meet the 80 sq. ft. of
private useable open space requirement per the UDC.
Key Commission Change(s) to Staff Recommendation:
i. Strike condition 3.24 requesting additional parking spaces from the Fire Department.
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ii. Additional trees and foundation plantings shall be required per the Staff Report.
iii. Amend condition 3.11; the applicant shall work with the Meridian Fu-e Department in
determining the classification for the Brownstone units.
iv. Conditions 3.23 and 4.2 striking thru the preferred location for secondary access to
Mountain View High School.
Issued addressed prior to tonight's City Council hearing:
i. The applicant has submitted a revised site plan, prepared by Engineering Solutions, Inc.,
dated November 2, 2007, reflecting the Commission's recommended parking standards
requiring the 20' X 20' pads and parking stall dimensions for the multi-family units
(future Condominiums). The applicant has removed one of the multi-family units, now
there are 31 total. Staff has reviewed the revised site plan and finds the applicant in
compliance with the City's parking standards.
ii. The applicant has submitted a miscellaneous application to amend the development
agreement for this site. The proposed DA modifications pertain to elevations and
potential home occupations on this site. Staff has amended Condition 1.1.3, in Exhibit B,
related to the proposed DA modification.
Written Testimony since Staff Report: none
Outstanding Issue(s) for City Council: Applicant requests the PW remove a condition related to
floodplains. This is not in a floodplain; so Staff does not object to removing the condition.
Applicant also requests removing a Police Department condition related to common entrances;
Staff does not object to removing the condition.
Notes:
Project: Gramercy Short Plat
Location: 1925 S, Wells Avenue on the east side of Mountain View High School. This property
was previously platted as Lot 7, Block 3 of Gramercy Subdivision No. 1.
Application: Short Plat
Highlights of Proposed Development: short plat approval of 2 commercial building lots on 4.86
acres in a C-G zone
Staff Recommendation: Approval; subject property meets all applicability requirements for a
short plat.
Written Testimony: None
Applicant Provided Written Agreement with Conditions: Yes
Outstanding Issue(s) for City Council: none known.
12/4/2007
Project: Newton's Nook Condominiums
Location: 429 SW 5~' Avenue on the south side of Franklin Road just west of S.W. 5~' Avenue.
This property was previously platted as Lot 4, Block 1 of Newton's Nook Subdivision
Application: Short Plat
Highlights of Proposed Development: condominium units within 1 building on 0.20 acres in a
C-G zone
Staff Recommendation: Approval; subject property meets all applicability requirements for a
short plat.
Written Testimony: none
Applicant Provided Written Agreement with Conditions: Yes
Outstanding Issue(s) for City Council: None known. The Applicant may not be here tonight. If
there are folks here to testify, we may need to continue the item.
Project: Bainbridge
Location: South side of Chinden Boulevard between Ten Mile Road and Black Cat Road
Applications: Time Extension
Highlights of Proposed Development: 18 month time extension to obtain the City Engineer's
signature on a final plat and commence the conditional use for Bainbridge Subdivision. The
subject plat consists of 389 single-family lots, 22 common/other lots, 1 church lot, and 1 future
development lot in the R-8 and L-O zoning districts on 151.72 acres.
Other: With all extensions, the City may require compliance with the current provisions of the
UDC as a condition for granting a time extension. This project was approved under the City's
previous development code; there are additional conditions for this project that Staff is
recommending be added/updated to the previously approved set of conditions.
In accordance with ITD's requirements and UDC 11-3H-4C2 to allow for future hi~hway 20-26
expansion dedicate or preserve 100-feet of right-of--way from the centerline of Chinden
Boulevard• construct a 35-foot wide landscape buffer along the north property line adiacent to
Chinden Boulevard exclusive of any right-of-way• construct a 10-foot wide pathway along
Chinden Boulevard as required by UDC 11-3H-4C4 Submit final plat and landscape plans
depicting these requirements.
Written Testimony since Staff Report: none
Outstanding Issue(s) for City Council: none known.
12/4/2007
Project: North Phyllis Canal
Location: The subject area includes 645 acres north of the Phyllis Canal and south of the Boise
River from Linder Road to approximately'/4 mile west of Black Cat Road.
Applications: Comprehensive Plan Map and Text Amendment
Highlights of Proposed Development: propose to amend both the Text and the Map of the 2002
Comprehensive Plan. The Applicant, Sherrie Ewing, is proposing to amend the Map for the
North Meridian area with a new future land use designation, River Residential. The River
Residential designation is proposed to consist of common area/open space (265 acres), low-
density (293 acres), medium low-density (48 acres), and medium-density (39 acres) residential
uses with an anticipated average density of 3 dwelling units per acre.
Concurrently, the Applicant has proposed a Text Amendment to the Comprehensive Plan to
create a new land use designation for the subject area called River Residential that would include
open areas, low-density residential, medium low-density residential, and medium-density
residential uses with an anticipated average density of 3 dwelling units per acre. The details of
the proposed Text Amendment are included in Exhibit B of this report.
Other: Prior to the Planning and Zoning Commission hearing, Staff requested that applicant
substitute a Low Density Residential designation for the River Residential designation. (Staff's
only motivation was to simplify the request and to not add another designation to the Future
Land Use Map.) The Low Density Residential designation allows up to 3 units per acre and is
consistent with the Applicant's original proposal. The Applicant agreed to the change, and
therefore the text amendment is no longer necessary.
Commission Recommendation: approval at their November 1, 2007 public hearing.
Summary of Public Hearing:
i.In favor: Sherrie Ewing, Applicant; Jon Yorgason; Ryan Colson; and Tuck Ewing
ii.In opposition: None
iii.Cornmenting: None
iv. Written testimony: Letter from the City of Eagle signed by the Mayor & City Council
members (dated 10/24/07)
Key Issues of Discussion by Commission:
i.The desire of some residents along the west side of Linder Road south of the Phyllis
Canal Project to also be incorporated into Meridian's Area of City Impact; and
ii.The fact that the subject property currently lies within Eagle's Area of City Impact.
Key Commission Changes to Staff Recommendation: None
Outstanding Issue(s) for City Council: Whether or not it is in the City's best interest to amend
the future land use map to include this area for future incorporation into the Area of City Impact
as it is currently in Eagle's Area of City Impact.
Written Testimony since Staff Report: none
12/4/2007
RECEIVE
Project: Emerson Park Commercial
DEC ° 4 2007
Location: 2910 & 3030 S. Meridian Road and 110 E. Victory Road, on the northeast comae-~~L~Office
Meridian Road and E. Victory Road
Applications: preliminary plat
Highlights of Proposed Development: approval of 34 commercial retail building lots and 1
common lot on 17.84 acres in an existing C-G zone.
Elevations: Yes; elevations approved with the DA modification application (MI-06-005).
Commission Recommendation: approval at their September 6, 2007 public hearing.
Summary of Commission Public Hearing:
i. In favor: Chris Tverdy, Oaas Laney
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
Key Issue(s) of Discussion by Commission:
i. The existence of the buffer along Victory Road within the right-of--way rather than on the
property, as required by the UDC;
ii. The existence of a previously approved parking lot for the 2M building within the
required buffer area along Victory Road;
iii. Widening the existing 5-foot wide sidewalk along Meridian Road to a 10-foot wide
sidewalk as required by the UDC along state highways.
Key Commission Change(s) to Staff Recommendation:
i. Strike condition 1.4, that required a 10-foot wide pathway along SH 69/Meridian Road,
from Exhibit B of the staff report;
ii. Modify condition 1.1.6b, requiring a 25-foot wide buffer along Victory Road and instead
require Alternative Compliance; provide 15' wide buffer where there is adequate room
available on the site. Alternative Compliance application shall be submitted prior to or
concurrently with the final plat application;
iii. Strike condition 1.1.6F, requiring a 10-foot wide pathway be depicted on the landscape
plan along SH 69/Meridian Road, from Exhibit B of the staff report;
iv. Modify condition 1.1.7 to require a minimum 15 foot wide buffer to be located outside of
the ultimate right of way along Victory Road, instead of a 25-foot wide buffer, where no
buildings or parking lots exist;
v. Modify condition 1.1.13 in Exhibit B to allow for the relocation of the existing access
to/from Meridian Road further to the north if agreeable with the owners of Double D,
ITD, and the City Council. A Variance is required to be approved by City Council for the
relocation of an existing access point to a state highway;
vi. Modify condition 1.2.2 in Exhibit B to allow the pond to remain but require it to have re-
crculating water and be maintained so that it does not create a mosquito breeding ground
in accordance with UDC 11-3B-9C6; (Staff relocated this condition to the Site Specific
Conditions of Approval section as condition 1.1.14.)
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vii. Modify condition 2.1 in Exhibit B to read, "Staff will work with the Applicant to draft a
reimbursement agreement that will go before City Council for approval, as outlined in
City Code 9-4-19";
viii. Modify condition 3.17 in Exhibit B to allow for the option of incorporating the required
emergency access into the requested stub street along the northern boundary of the
property. Construction plans shall be approved by the Meridian Fire Department; and
ix. Modify condition 1.1.1 in Exhibit B to require the Applicant to apply for a Miscellaneous
application to amend the existing Development Agreement for this site to reflect the
conditions of approval for the subject preliminary plat.
The Meridian City Council heard these items on October 2, and 23, 2007. At the public hearing
on October 23, 2007 they approved the subject PP request.
Summary of City Council Public Hearing:
i. In favor: Chris Tverdy, Oaas Laney, Tim Mussell
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
Key Issues of Discussion by Council:
i. Commission's removal of the requirement (condition #1.1.6F) fora 10-foot wide
pathway along SH 69;
ii. Removal of the temporary access road to SH 69 for Victory Greens at the northern end of
the site and requirement of a Variance application for the continued use of the access
road to SH 69;
iii. Relocation of the existing access point to SH 69 for Double D further to the north through
the Variance application process;
Key Council Changes to Staff/Commission Recommendation
i. Modify condition #1.1.12 pertaining to the removal of the existing driveway to SH 69 to
read, "...prior to the first final plat."
Written Testimony since Staff Report: We have received written testimony dated October 31,
2007 from Richard Andrus on behalf of the applicant. Staff responded to that letter in a memo
from Sonya Watters dated November 19, 2007.
Outstanding Issue(s) for City Council: Applicant has requested reconsideration regarding
condition 1.1.12 to allow the northern driveway to continue use until the 3`d phase of
development is complete. This issue was focus of the discussion at the original hearing.
In response to that issue, Staff submits the following
• During the annexation hearing, the Applicant's Representative, Dave McKinnon, stated
that they would like to keep the access point to State Highway 69/Meridian Road open at
the northern boundary of the site temporarily until such time as this area redevelops and
access can be provided internally. At that time, they would close down that access point.
• The Development Agreement for this site approved in 2004 with the annexation for
Mussell Corner states that, "The Applicant shall be allowed to use as a temporary access
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t•
onto SH 69, which is located at the far northern portion of the proposed project, until
such area redevelops."
• Per UDC 11-3H-4.B.2, connections to a state highway are only allowed at section line
roads and the half mile mark between section line roads. Although temporary access to
SH 69 was allowed until such time as the site redevelops, approval of a permanent access
point to the highway was never granted and would require approval of a Variance.
Because the driveway access is not allowed by the UDC, it is deemed anon-conforming
use. As anon-conforming use, the use may continue as long as the use remains lawful
and is not expanded or extended, per UDC 11-1B-4. With development of the first phase
of Emerson Park, the use will be expanded. Thus, the use shall not be allowed to continue
without specific approval of a Variance. We have consistently applied the non-
conforming use code in this manner. If a use on five acres wants to annex to the City and
divide the property such that it is now on two acres, we insist that the non-conforming
use come into compliance with our codes. This interpretation of the Code is fundamental
to achieving compliance with older businesses and homes that annex into the City.
• Preliminary Plat (PP-07-014) Condition of Approval #1.1.12 for Emerson Park states,
"The access driveway at the north end of this site to Meridian Road that is currently being
used for loading for Victory Greens shall be removed and the use discontinued prior to
signature on the final plat."
• Per the letter submitted to the City by Richard Andrus of Spink Butler, dated October
31, 2007, the Applicant believed that this access would be allowed to remain open until
the portion of the property including the access develops.
With each application, Staff has vigorously advocated that the access be discontinued. We
maintain that the condition to allow the temporary access was intended to terminate upon the
first subsequent development application on this site. The Applicant's own testimony states
"until such time as this area redevelops and access can be provided internally." The first phase
of Emerson Park will provide public street access to the landscaping business. There is no need
to continue the direct access to SH 69/ Meridian Road. Our concern is that each "temporary"
approval of the access point is a lost opportunity to have that access closed. If Emerson Park only
develops one phase, we will have missed our opportunity to improve the safety of the traveling
public on Meridian Road.
Therefore, because of 1) the statement made by the Applicant at the hearing on July 6, 2004, 2)
the existing, Development Agreement provision that states that the subject access point shall be
allowed until such time as the property redevelops and there is internal access to the site, and 3)
the use is being expanded and the nonconforming use is not allowed to continue, Staff
recommends that Condition of Approval #1.1.12 be upheld. Staff further recommends that the
condition be modified to clarify that the use of the access point shall be discontinued prior to
signature on the final plat of the first phase of the development.
I'd like to point out that the landscaping business has now been annexed to the City for over
three years, and is still not in compliance with our development standards. Typically you require
compliance concurrent with the initial development of the property.
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