Loading...
HomeMy WebLinkAboutEmerson Park Commercial PP-07-014RECE~IED DEC 18 2007 City Of Meridian City Clerk Office CITY OF MERIDIAN - FINDINGS OF FACT, CONCLUSIONS 1 ~ E IDIAN~-- OF LAW AND I D A H O DECISION & ORDER In the Matter of Preliminary Plat for 34 commercial retail building lots and 1 common lot on 17.84 acres in a C-G zone for Emerson Park, by Kuna Victory, LLC. Case No(s). PP-07-014 For the City Council Hearing Dates of: October 2, and 23, 2007, November 7, 2007, and December 4, 2007 (Findings on the December 18, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 23, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 23, 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 (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-014 -1- 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 Preliminary Plat and the Conditions of Approval all in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat prepared by Toothman-Orton Engineering Company, dated 7/6/07 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 23, 2007, incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-014 -2- E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 23, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-014 -3- By action of the City Council at its regular meeting held on the ~ ~ day of CeYY11Cf' , 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED ~,( ~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED "- ~~~~~ ~I~I i~I' DE WEERD ATTEST: ~--'~~ ~M G. BERG, ~ °~ ';, TFO ~~ t ~~ ~~~:~ I Y'~ r'st ~ Q'~•,~~ cY /'///~~~~~~~rrrni no~o~~~~``~~```. Copy served upon: ~ Applicant Manning Department Public Works Department City Attorney By: Dated: I Z' 2~ "dam y Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-07-.014 -4- CITY OF M-ERID[AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 STAFF REPORT Hearing Date: October 23, 2007 (Continued from October 2, 2007) E IDIAN~--~ TO: Mayor & City Council I, D A H O FROM.: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Emerson Park Commercial ~ PP-07-014 Preliminary Plat for 34 commercial retail building lots and 1 common lot on 17.84 acres in a C-G zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Kuna Victory, LLC, has applied for Preliminary Plat (PP) approval of 34 commercial retail building lots and 1 common lot on 17.84 acres in an existing C-G zone for Emerson Park Commercial. The site is located at 2910 & 3030 S. Meridian Road and 110 E. Victory Road, on the northeast corner of S. Meridian Road and E. Victory Road. This property is within the City's Urban Service Planning Area and is currently within the corporate boundaries of the City. 2. SUMMARY RECOMMENDATION The subject application (PP-07-014) was submitted to the Planning Department for review. Staff has provided a detailed analysis and recommended conditions of approval for the PP application. Staff is recommending that the PP application be approved with the conditions listed in Exhibit B of the staff report. The Meridian Planning & Zoning Commission heard this item on September 6, 2007. At the public hearing they moved to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: i. In favor: Chris Tverdy, Oaas Laney ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: Caleb Hood b. Kev 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. c. Kev 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; Emerson Park Commercial PP-07-014 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 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-circulating 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 Sneci~c Conditions ofApproval section as condition I.I.IQ•) 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 subiect preliminary plat. d. Outstanding Issue(s) for City Council: i. None Emerson Park Commercial PP-07-014 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 iii. Relocation of the existinu accecs point to SH 69 for Double D further to the through the Variance aon ication nrocecc: iv. The annlicant'c reas~ct for reconsideration (at the December 4'~' hearinnl to deve lopment is com plete rather t han the ls` nhace. ac req uired by ouncil a the he aring on Octobe r 23` . ~. Kev Council C han,pes to Staff /C'nmmissinn R cnmmen ation i. odif v condition #1.1 .12 ne ainin to the removal of the Pxictinu drivewa H 69 to read. ". . prior to ci nature of the final pla t for nha e 2 of the evelo nment. as depic ted on the nha cin nla /nla Chown in .xhibi A.2." 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number PP-07-014 as presented in the staff report for the hearing date of October 23, 2007, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number PP-07-014 as presented during the hearing on October 23, 2007, for the following reasons: (State specific reasons for denial of the preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number PP-07- 014 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: 2910 & 3030 S. Meridian Road and 110 E. Victory Road The site is located on the northeast corner of S. Meridian Road and E. Victory Road, in the southwest '/ of Section 19, Township 3 North, Range 1 East. Tax Parcels: 85915720010, 85915720020, 85915720040 b. Applicant: Kuria Victory, LLC P.O. Box 2020 Boise, ID 83701 c. Owners: Kuria Victory, LLC P.O. Box 2020 Boise, ID 83701 and Tim Mussell 3800 S. Meridian Road Emerson Park Commercial PP-07-014 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 Meridian, ID 83642 d. Representative: Richard Kinder, Toothman-Orton Engineering Company e. Present Zoning: C-G (General Retail & Service Commercial District) f. Present Comprehensive Plan Designation: Commercial g. Description of Applicant's Request: The Applicant is requesting preliminary plat approval of 34 commercial building lots and 1 common lot on 17.84 acres in an existing C-G zone. 1. Prelinunary Plat, labeled Sheet 1 of 1, prepared by Toothman-Orton Engineering Company, dated 7/6/07 (attached in Exhibit A) 2. Landscape Plan, labeled Sheet L1 of L2, prepared by Toothman-Orton Engineering Company, dated 7/13/07 (attached in Exhibit A) h. Applicant's Statement/Justification: "The proposed Emerson Park Subdivision is a re-subdivision of Lots 1, 2, and 4, Block 1 of the Mussell Corner Subdivision. The intent of the development is to divide the subject property into reasonable sized lots for individual or multiple sales, to facilitate light industrial, commercial, retail and service markets. A concept plan showing potential layout of buildings and parking areas is provided within the application. The plan is conceptual in nature and intended to demonstrate the flexibility with individual or multiple lot sales, specifically related to building sizes, parking areas, and access." (See Applicant's narrative submitted with the application for more information.) 5. PROCESS FACTS a. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Commission and City Council on this matter. b. Newspaper notifications published on: August 20, 2007 and September 3, 2007 (Commission); September 10 & 24, 2007 and November 12 & 26, 2007 (Gifu Council) c. Radius notices mailed to properties within 300 feet on: August 10, 2007 (Commission); September 7, 2007 and November 9, 2007(City Council) d. Applicant posted notice on site by: August 24, 2007 (Commission); October 4, and November 15, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): The site is currently being used as a nursery for Victory Greens. b. Description of Character of Surrounding Area: The property is bordered on the south by Victory Road and on the west by Meridian Road and is surrounded on the north and east with existing and future residential uses with future offices across the street on S. Meridian Road. This property is located within a rapidly developing area of the City. c. Adjacent Land Use and Zoning: 1. North: Future single-fanuly residential (Bitterbrush Point Sub.), zoned R-4; and a veterinary clinic, zoned RUT (Ada County) 2: East: Single-family residential, zoned R-4 3. South: Victory Road and Tanana Valley (mixed-use subdivision), zoned R-8 4. West: Meridian Road and Strada Bellissima Subdivision, zoned L-O Emerson Park Commercial PP-07-014 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 d. History of Previous Actions: • This property was annexed (AZ-03-038) with a C-G zone in 2003. A Development Agreement was approved with the annexation (Instrument No. 104153422) and amended in 2006 (Instrument No. 106155843). • This property was platted (PFP-03-007) in 2004 as Lots 1, 2, and 4, Block 1 of Mussell Corner Subdivision. • A Conditional Use Permit/Planned Development (CUP-03-071) was approved in 2004 for a combination feed store and gas/convenience station (which are not a part of the subject plat) and to allow the existing commercial and residential uses to remain. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sanitary sewer service for the north portion of this development shall be via extension of the main in Meridian Road. The south portion of the project will sewer to the Black Cat trunk. Location of water: Water service to this site is being proposed via the existing mains in E Victory Road, and S. Meridian Road. 2. Vegetation: There are some existing trees on this property. 3. Floodplain: NA 4. Canals/Ditches/Irrigation: The Kennedy Lateral runs along the northeast boundary of this property. 5. Hazards: Planning Staff is unaware of any hazards that may exist on this site. 6. Proposed Zoning: NA 7. Size of Property: 17.84 acres £ Subdivision Plat Information: 1. Residential Lots: 0 2. Non-residential Lots: 34 3. Total Building Lots: 34 4. Common Lots: 1 (containing a pond, sitting area, and mature trees) 5. Other Lots: 0 6. Total Lots: 35 7. Open Lots: 0 8. Residential Area: NA 9. Gross Density: NA 10. Lot Sizes: Buildable lots range in size from 0.19 of an acre to 1.28 acres g. Landscaping: 1. Width of street buffer(s): LTDC 11-2C-3 requires a minimum 35-foot wide buffer along S. Meridian Road (a 70 foot wide buffer is shown) and a minimum 10-foot wide buffer along Holleran Drive and Emerson Street, as shown. Landscaping shall be provided in accordance Emerson Park Commercial PP-07-014 Page $ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 with UDC 11-3B-7, Landscape Buffers along Streets. 2. Width of buffer(s) to adjoining uses: A 25-foot wide buffer is required along the northeast and an east boundary of the subdivision adjacent to the existing residential uses and zones. Landscape buffers to residential uses and zones shall be provided in accordance with UDC 11-3B-9. 3. Percentage of site as open space: NA, however the applicant is proposing to retain the pond amenity that was required as part of the overall planned development approval in 2003 (Lot 6, Block 2) 4. Other landscaping standards: Mitigation shall be required for all existing trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accordance with UDC 11-3B-10, Tree Preservation. h. Dimensional standards for the C-G zone per UDC 11-2B-3: DIMENSIONAL STANDARDS" C-G Front setback (in feet)- 0 Rear setback (in feet) 0 Interior side setback (in feet) 0 Street landsca e buffer (in feet) Local 10 Collector 20 Arterial 25 Entryway corridor 35 Interstate 50 Landscape buffer to residential uses (in feet)"* 25 Maximum building height (in feet) 65 Maximum building size without design standard approval as set forth in 11-3A-19 (in s uare feet) 200,000 Parking requirements See Chapter 3Article COFF-STREET PARKING AND LOADING REQUIREMENTS Landscaping requirements See Chapter 3 Article B LANDSCAPING REQUIREMENTS *All setbacks shall be measured from the ultimate right-of--way for the street classification as shown on the adopted Transportation Plan. **mnimum setback only allowed with reuse of existing residential structure. * * Where the adjacent property is vacant, the Director shall determine the adjacent pro. erty designation based on the Com rehensve Plan designation. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this development is proposed from E. Victory Road via the proposed Emerson Street. Staff is supportive of the proposed access point, provided an emergency access driveway for the Fire Department is provided at the north end of Holleran Drive to S. Meridian Road. Additionally, a blanket cross-access agreement to allow access to all proposed lots within the development is proposed. No access points are proposed to S. Meridian Road (SH 69) with this application and Emerson Park Commercial PP-07-01.4 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 none are approved. However, there is an existing access at the north end of this property that should be closed. Further, there is an existing right-in/right-out access to Meridian Road, located on the Double D site. This access was approved as part of the Mussell Corner development. The driveways in this project should have access to this previously approved access point. ACRD has submitted comments on this application and is supportive of the proposed access points and street layout (see Exhibit B.) (See Section 10, Analysis, for more information regarding access and streets.) 7. COMMENTS MEETING On August 17, 2007, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. The Comprehensive Plan defines Commercial as follows: "This designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone." The current C-G zoning of this property is consistent with the Comprehensive Plan Future Land Use Map designation of "commercial" for this property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resources and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). - Victory Road is currently owned and maintained by the Ada County Highway District (ACHD), S. Meridian Road (SH 69) is currently owned and maintained by the Idaho Transportation Department (ITD). 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. Emerson Park Commercial PP-07-014 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action 4) The applicant is required to install and maintain landscaping within the street buffers located along S. Meridian Road and E. Victory Road in accordance with UDC 11-3B-7. A minimum 35 foot wide buffer is required along S. Meridian Road and a minimum 25 foot wide buffer is required along S. Victory Road. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the current C-G zoning of the property will allow for many different types of commercial uses that will contribute to the variety of uses in this area. "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) The applicant is not required to install internal landscaping with the subject preliminary plat application; however, street buffer, perimeter landscaping, and common area landscaping is required with this application. Internal landscaping will be required upon development of each lot within the subdivision with CUP & CZC approval. • "Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, Goal I, Objective B, Action 5, page 109) The proposed commercial lots should complement surrounding residences by providing much needed services in this part of the City. • "Require screening and buffering of commercial and industrial properties and residential use with transitional zoning." (Chapter VII, Goal IV, Objective A, Action 6) Upon development of the property, a 25 foot wide land use buffer will be required along the boundaries of the site that are adjacent to residential uses and/or zones. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-G zoning district. Retail Stores, restaurants, financial institutions, fuel sales facility, personal & professional services, among 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 rnix of allowed commercial uses, and the location of the district in proximity to streets and highways. c. Structures subject to Design Standards: Per CUP-O1-009, all future structures on this site that are adjacent to an entryway corridor (S. Meridian Road) are subject to the design standards listed in UDC 11-3A-19C. Emerson Park Commercial PP-07-014 Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, Staff believes that this is a good location for the proposed commercial subdivision. Please see Exhibit C for detailed analysis of facts and findings for a preliminary plat. Dimensional Requirements of the C-G zone per UDC Table 11-2C-3: There is no minimum front, rear, or interior side setback requirements in the C-G zone. Proposed buildable lots range in size from 0.19 of an acre to 1.28 acres. The maximum building height allowed in the C-G zone is 65 feet. All future structures on this site that are adjacent to S. Meridian Road, an entryway comdor, will be subject to design standard approval in accordance with UDC 11-3A-19C. Future buildings proposed on the subject lots shall meet the minimum dimensional standards listed in UDC 11-2B-3 and #6h above. A 35-foot wide buffer is required along S. Meridian Road; a 25- foot wide buffer is required along E. Victory Road; and a 10-foot wide buffer is required along Holleran Drive and Emerson Street. These buffers shall be depicted on the plat as a permanent easement/buffer or included as a common lot in the subdivision and shall be maintained by the Business Owner's Association. Landscaping: The Applicant submitted a landscape plan with the preliminary plat application which Staff has reviewed for compliance with the UDC. Staff is generally supportive of the submitted landscape plan. However, per the UDC, a 25-foot wide buffer is required adjacent to residential uses. A residential subdivision, Bitterbrush Point, is currently in the development process northeast of the site. The Bitterbrush plat and landscape plan show a 25-foot wide buffer within the Kennedy Lateral easement to be planted with grass (no trees or shrubs). Staff does not believe that an additional 25-foot wide buffer should be required on this property. However, the current buffer does not meet the requirements for buffers adjacent to residential uses (UDC 11- 3B-9C). These types of buffers are required to be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover that results in a barrier that allows trees to touch at the time of the tree maturity. Staff does not necessarily believe that the aforementioned buffer, if constructed, would meet the intent of the UDC in providing a buffer to the adjacent future residential uses because there is a substantial difference in elevation between the two properties; this property sits quite a bit lower than the Bitterbrush property. Further, there is an irrigation district easement in this area and the District will not allow trees within their easements. For these reasons, Staff is including a condition of approval that the Applicant either landscape the 30-foot wide Kennedy Lateral easement with grass and low lying bushes or shrubs (not trees) or provide a 5-foot wide buffer outside of the Kennedy Lateral easement planted with trees and vegetation in accordance with the standards listed in UDC 11-3B-9C. Staff also notes that a substantial amount of trees are missing within the 10- foot wide street buffers adjacent to Holleran Drive & Emerson Street; 1 tree is required per 35 lineal feet along with vegetative groundcover in compliance with UDC 11-3B-7C. The landscape plan submitted for this project, prepared by Toothman-Orton Engineering, labeled Sheets L1 & L2, dated 7/13/07, is approved subject to the following revisions/notes: A greater than 35-foot wide buffer is shown on the landscape plan along S. Meridian Road, as required by the UDC. Provide a minimum 35-foot wide landscape buffer along S. Meridian Road in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A minimum density of 1 tree per 35 linear feet is required within the buffer with shrubs, lawn, or other vegetative groundcover. • A 25-foot wide buffer is shown on the landscape plan along E. Victory Road, as required Emerson Park Commercial PP-07-014 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 by the UDC. Provide a minimum 25-foot wide landscape buffer along E. Victory Road in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A minimum density of 1 tree per 35 linear feet is required within the buffer with shrubs, lawn, or other vegetative groundcover. Provide additional trees and landscaping within the Victory Road buffer to meet this requirement. A 10-foot wide buffer is shown on the landscape plan along Holleran Drive and Emerson Street, as required by the UDC. Provide a minimum 10-foot wide landscape buffer along Holleran Drive and Emerson Street as shown on the landscape plan in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A minimum density of 1 tree per 35 linear feet is required within the buffers with shrubs, lawn, or other vegetative groundcover. Provide additional trees and landscaping within the Holleran Drive & Emerson Street buffers to meet this requirement. Provide a minimum 25-foot wide landscape buffer adjacent to parcel #82114050305 as required by UDC 11-2B-3, in accordance with the standards listed in UDC 11-3B-9, Landscape Buffers to Adjoining Uses. Buffer shall be provided comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover at a density that results in a barrier that allows trees to touch at the time of the tree maturity. • The Applicant shall either landscape the 30-foot wide Kennedy Lateral easement with grass and low lying bushes or shrubs (not trees) or provide a 5-foot wide buffer outside of the Kennedy Lateral easement planted with trees and vegetation in accordance with the standards listed in UDC 11-3B-9C, Landscape Buffers to Adjoining Uses, to meet the requirement for a buffer to residential uses. • Depict a 10-foot wide multi-use pathway along S. Meridian Road as required by UDC 11-3H-4C4. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B- 14; • Comply with the standards in UDC 11-3B-lOC for preservation of existing trees on site as follows: - Mitigation shall be required for all existing trees four-inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10-inch caliper trees removed may be mitigated with four (4) 5-inch caliper trees, five (5) fl- inch caliper trees, or seven (7) 3-inch caliper trees.) - No mitigation is required in the following: (i) existing prohibited trees within the street buffer or parking lot; (ii) existing dead, dying, or hazard trees certified prior to removal by the City of Meridian Parks Department arborist; (iii) trees that are required to be removed by another governmental agency having jurisdiction over the project. - Required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. Emerson Park Commercial PP-07-014 Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Conceptual Development Plan: The Applicant submitted a concept plan, prepared by Toothman-Orton Engineering, dated May 8, 2007, with the preliminary plat application that shows how the site may develop in the future. Staff has reviewed the plan and notes the following: the access point to Meridian Road shown at the northwest corner of the site shall be removed; structures located on Lots 1-7, Block 1 adjacent to Meridian Road (an entryway corridor) shall comply with the design standards listed in UDC 11-3A-19C; a driveway should be extended to the north property boundary and cross-access provided to parcel #82114050305; and a buffer to residential uses shall be added along the north and northeast property boundaries. With these changes, staff is supportive of the proposed concept plan. Proposed Streets and/or Access: Access to this development is proposed from E. Victory Road via S. Emerson Street, a proposed public street. There is also an existing driveway to Victory Road that serves Lot 3 (not a part of this plat) and a driveway to Victory where Emerson Street is proposed. An existing secondary access, consisting of a right-in, right-out is located on S. Meridian Road, just to the west of the subject site on Lot 3 (not part of this plat). This secondary access primarily serves Lot 3 of Mussell Corner Subdivision (not part of this plat), and also serves Lots 1, 2, and 4 of the Mussell Corner Subdivision through an existing cross access agreement. There is also an access driveway at the north end of the site to Meridian Road that is being used for loading for Victory Greens. This driveway will be required to be removed and the use discontinued prior to signature on the final plat. Across-access easement/agreement is required for all lots within the subdivision that do not have public street frontage. All lots within the subdivision that do not have public street frontage should have access to the public street system. This agreement(s) shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access. Cross-access should also be provided to the property to the north (parcel #82 1 1 4050305) and a driveway should be extended to the north property boundary for future connectivity per UDC 11-3H-4B3 (see Development along State Highways below). Staff and ACRD are supportive of the proposed access points shown on the plat with the conditions listed in Exhibit B. The Fire Department is requesting an emergency access driveway be constructed to S. Meridian Road at the north end of Holleran Drive with a gate setback at least 30 feet from S. Meridian Road to provided room for fire trucks to pull off the highway. Development along State Highways: Because the west boundary of this site is located adjacent to S. Meridian Road/Highway 69, the standards listed in UDC 11-3H-4B regarding development along State highways, apply to the development of this property. Specifically, a street is required to be constructed that parallels the state highway to accommodate future connectivity and access to all properties fronting a state highway that lie between the Applicant's property and the nearest section line road and/or half-mule collector road. Because the northern portion of the property is only 163 feet wide and a 35 foot wide buffer is required adjacent to S. Meridian Road, Staff does not believe that a public street connection is necessary. However, Staff is requesting that a driveway stub to the north property boundary and cross-access be provided to parcel #82114050305. The driveway should be a minimum of 20 feet wide and be constructed to ACRD standards. Additionally, a 10-foot wide multi-use pathway is required to be constructed adjacent to S. Meridian Road/Highway 69 within a public easement, per UDC 11-3H-4C4. NOTE: A 5-foot wide detached sidewalk was required to be constructed with the original plat (Mussell Corner Subdivision) along S. Meridian Road and E. Victory Road. Said sidewalk has been constructed on the site per the construction standards in effect at that time. Emerson Park Commercial PP-07-014 Page 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 Since that time, the ordinance has changed to require a 10 foot instead of a 5 foot wide sidewalk. Because the UDC now requires a 10-foot wide sidewalk, Staff is requesting that the sidewalk be widened to 10 feet. Elevations: The Applicant submitted conceptual building elevations with this application that match the elevations submitted and approved with the Development Agreement modification application (MI-06-005). Per provision 4.1a of the amended Development Agreement (Instrument No. 106155843), principal permitted uses on the subject property are allowed without CUP approval provided that: "All future buildings have sloped metal roofs with overhanging eaves that are supported by posts; are oriented toward the public street (front door facing street); siding visible from the street containing at least a 3-foot tall wainscoting constructed of stone, brick, or other similar materials; that each building will provided a variety of building materials and colors; and each building is generally consistent with the nine pictures submitted with MI-06-005 (attached as Exhibit A.4), as determined by the Planning Director. If a future proposed building is not consistent with the above-mentioned provisions, then the building and use shall be required to obtain CUP approval prior to construction and operation." The Applicant shall comply with this requirement along with the other provisions listed in the DA. Design Standards: All structures proposed within the development that are adjacent to S. Meridian Road, an entryway corridor, shal'1 be required to obtain design review approval and comply with the design standards listed in UDC 11-3A-19C. Existing Structures: The site currently contains some existing structures located on Lot 22, Block l; Lot 7, Block 2; and Lot 8, Block 2, which are proposed to remain at this time. All existing structures that do not meet setbacks or the dimensional standards of the UDC shall be removed prior to the City Engineer's signature on the final plat. Fencing: The Applicant is not showing any fencing on any of the submitted plans. Permanent fencing is not required for commercial subdivisions. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit for this site. Ditches, Laterals, and Canals: The Kennedy Lateral runs along the north and northeast boundary of this site and has been tiled. As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Certificate of Zoning Compliance: In addition to Design Review approval for structures that are located adjacent to S. Meridian Road, the Applicant shall be responsible to obtain a CZC permit from the Planning Department for all new construction or a change in use on the site prior to issuance of building permits. b. Staff Recommendation: Based on the above analysis, Staff is recommending that the PP application be approved with the conditions listed in Exhibit B of the staff report. The Meridian Planning & Zoning Commission heard this item on September 6, 2007. At the Emerson Park Commercial PP-07-014 Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 r~uest for rarnneirlarafinn and a nnhlir hParina wac c ChPrlnled fnr i~ecember 4`". At the mihlic hearing nn_ necember 4'h the itv ouncil appro ved the subiect PP request with a modification to condition #1 1 12 to allow the. use of~he exicNng driveway to continue until signature on the final plat for phase 2 of the develop ment. as depicted on the phasing ~1~ /plat Chown in Exhibit A.2. 11. EXHIBITS A. Drawings 1. ZoningNicinity Map 2. Preliminary Plat, prepared by Toothman-Orton Engineering Company, labeled Sheet 1 of 1, dated 7/6/07 3. Landscape Plan, prepared by Toothman-Orton Engineering Company, labeled Sheets L1 and L2, dated 7/13/07 4. Building Elevations 5. Conceptual Development Plan B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District Emerson Park Commercial PP-07-01.4 Page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 A. Drawings 1. ZorungNicinity Map Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 2. Preliminary Plat A PRELI~]NARY PLAT OF Yp' ~ ~- THE Erl1ERSON P~9RK SUBDIVISION ~''~ A RE-SUBDIVIS/ON OF LOTS 1, 2, AND 4 OF BLOCK 1 OF THE I~ I~ II~ e HUSSEL CORNER 5UBDlVISION, 9AID PARCELS BBINC LOCATED I1V ~~ TOWNSHIP 3 NORTH, RANCE 1 RAST, BOISE AI6RIDL9N, "'~I CITY OF AfE'R/DIAN, ADA COUNTY, IDAHO, 2007 i 1 I i~~ 1~Y ~ ~:»i'rie5 _ tvine rdeu~ urosJm ~.uv nnmo au .tp. . ~ ! uo~~ lnsn - _ - _ only rrJmrt vm _ (- ~ ur d I~ li ~~~ `q. S SeaR'.e ~.. ~ ~..m..e. ism` .."F~r3 ~ `s'ue" ,~r: a~ _ ~ ~}`~';~ RiA9E9 ,\~~~1,~~-~ '~ .»®«, _ e ~.. - saw ~ ~ ~'`~ ~ \s ~ . -,tip. m°'^b' I~ C . % Ilf. ~`~N :.. .. ` y o.~ ~..o Pw°d1R1.ffi.~ ®. ~ ~ ® .dam ~ Wm~ .. c~ ~ ~ey'* a ~r~y,`' ~-yl: i ~~:.. ~~,;~~1' ~~ ,._...~_. ~ ~ ~ F~. J .OM1~LLVO mi6VL]Att ~If .~ I +~ \`~ -4 ~ ~ \ ~~ aY~ ~ ~ ~``` ~ \~ ~ v~.a~m~mo wminr- ®~ ~•. ~~~~~arI'1~~ m ~ `\~ e ~ _ ~ M 1~ vx oewwwm K(m,JJl.nv ~6a 9. guar ~a~~' PbPM1 C ~"~ BBB ~. ~7~' 66 '" ~ ~- ~a. - ~I ~' w ~r III~~L .. ..w~. .e~~:~~ - _ _._i 11. 10 ~-~ -~ 1•[.11.41! _._ - -~ -- ~_ ~ a. x ~ l _ «Q . d' ''----y __ ~.yo _~ I- ~.,, ~ SH=116 I Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 23, 2007 3. Landscape Plan PREL!l3fINARY LANDSCAPE PLANS ~~ THE EMERSON PARK SUBDIVISION ~`~ C/TY OF AlERlDlAA; ADA COUNTY, /OAHO, 2007 ' ~ ~5 ~~~~~ \` \\ r~ _ -- I ~ ~~ it E ~'` ~ I Il\~\ 1 \ ~ PEINE S^,HEDLLE.. - I _ 1 _ _ i `^ r~ ` . L ~'l;~ T ~ l \ ~ is < a ! _ - t ~~` ids i ~'~ `~ ~~;~vv r•~~ ~ t. t 1 r ~C~. . ~Dey~ .._..._ .~._..~.~_,....._.._....... Vii;;. ~' ~/ I 4 'E.e; ~~ \` . ~....~.~.~w..~...~.n-~..<w_ ....- ~~C 1 _ R'~~.c " ` ` _ lA'IOSfME.PIAtlumrt w.a ~nartn Z dd ~ I.rt~ rt ,'\\ ..J ~ \ ~ b yh ~ Ij ~ r ~f { ~ ~ .7 ,. \ ~ ~ a v _;`... _ _ m W arao ~ a arn~mu~rt~ew~~x~EN~ _ a®. va ®.,a...e ® ~w ~e w RPEEWR'FI~ORIIANCE SEC ~`^? - ~ ~ ` ~ ~ ~ A +.~d~,~~~~.em .~a_vm ~.wa ~~ ~! wwua.uera `\l ~~utru PRELIAlINARY LANDSCAPE PLANS ~~~ THE EMERSON PARK SUBDIVISION ~~ CITY OF AfF.R/DLLV, ADA COUNTY, lDANO, 2007 I~'IS OIY~ i t °r- - I ~ 1 1! `F~~ ~ _ _ "" v' _ ~" ~ tf I~ ~ e ~ E i ~Bj 9 y ~ ~ A ,- I ~~ ~ w~ j ~ofoer snout y, o]~ t 4E't . _M1 ~°'°°~ I ~ i ~ I2> ~~ ~ ;. ~. ~:--~ .~. 5 .: ; ~ ~ U L -~e~ wlmnc: mut y - - _ h -~- ~ , ,, =,. ~ ~, ~ 1. FI` - -~_ ~ ~ , ~~~~ ~}{, ~ ,~. ;L 4~~N`Y~ _ ; -. I '`~+.: ~ .~ I mm: mom ~' ~ ,! ~ - ~ ~ ~ _ _ _ .. ~ [; }~ r ~~~ {:a ~ WI[6fME-_--J r~ I - I l~Nl05CiPE PLAN$ p 1 ~ - _ - SU K nOfES-®~ ave ~ ®~wm ~~++ z ~ t' \ i f r E. II I ,, ~ GL r ~, ,.1 ,~ _, ,,, ~ ~ ~ /~ ~ _ w O .~ A 14Aa~F'- '~ -` Sx ssjnCr~sp.J -E~=--- - - \~. s~uffu Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 4. Building Elevations Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 ~-_ ~4 '~ ~~ ~ ~~-` l ~nf ~ - _~ -~. °~ •'-~~~ .w ~j ii ~. _. _. ~ y. ~ r,~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 - `. ~_ Y ~_ ~1 ~ _ _ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 5. Conceptual Development Plan A CONCEPTUAL PLAN OF THE EMERSON PARK SUBDIVISION OASS I.ANG'Y, I.LC e f s i f:E`". 1 ~.;.< ~i /~ry memraw mxccrnw ®xn.xs ~~ ~ EMERSON PARK SUBDMSION raoTeeux-omox eNClxeEwxc corrnwv m _ rmMnYO [YGtlO~ SUevna6 umPIAY@6 _ SITE CONCEPT PLAN ~~ Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMIlVARY PLAT 1.1.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Toothman-Orton Engineering Company, dated July 6, 2007, is approved with the conditions listed herein. The Applicant shall comply with all previous requirements of this site including those associated with AZ-03-038, PP-03-007, CUP-03-071, MI-06-005, and Development Agreement Instrument No.'s 104153422 & 106155843. The Applicant shall apply for a Miscellaneous application to amend the existing Development Agreement(s) for this site to reflect the conditions of approval of the subiect preliminary plat. 1.1.2 All future structures on the subject lots shall be required to obtain Certificate of Zoning Compliance (CZC) approval prior to issuance of building permits. Additionally, all structures on Lots 1-7, Block 1 that are adjacent to S. Meridian Road (an entryway corridor) shall also obtain Design Review approval with the CZC. 1.1.3 All future structures on the site that do not comply with the building elevations shown in Exhibit A.4 and the materials listed in the Development Agreement (Instrument No. 106155843), shall be required to obtain Conditional Use Permit approval prior to construction and operation. • ~~t1~LTday--irrce~F33~~lanE@ ~~trta~'rv~c 1 1 2Li A!`A ~.,.1 ..1....0 0~:~1 c:.lo.,,..1L/..~th......, ...;rl,:., ., „l.l:.. J Y t h tl, F F th F 1 1 t /F rt:~, „tc:`1u tl.o nl,t ..F . ..l 1.1.5 A driveway stub to the north property boundary and cross-access easement is required to be provided to parcel #82114050305. The driveway shall be a minimum of 20 feet wide and be constructed to ACHD standards. Cross-access shall be provided through a recorded document and a copy of said easement shall be submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access. 1.1.6 The landscape plan submitted for this project, prepared by Toothman-Orton Engineering, labeled Sheets L1 & L2, dated 7/13/07, is approved subject to the following revisions/notes: a. Provide a minimum 35-foot wide landscape buffer along S. Meridian Road in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A minimum density of 1 tree per 35 linear feet is required within the buffer with shrubs, lawn, or other vegetative groundcover. b. Provide a minimum X515-foot wide landscape buffer where there is adequate room available on the site where no buildings or parking lots exist along E. Victory Road in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A minimum density of 1 tree per 35 linear feet is required within the buffer with shrubs, lawn, or other vegetative groundcover. Provide additional trees and landscaping within the Victory Road buffer to meet this requirement. The Applicant shall submit an application for Alternative Compliance for a reduction in buffer width to 15 feet along Victory Road prior to or concurrent. with the final plat application. c. Provide a minimum 10-foot wide landscape buffer along Holleran Drive and Emerson Street as shown on the landscape plan and in accordance with the standards listed in UDC 11-3B-7, Landscape Buffers along Streets. A minimum density of 1 tree per 35 linear feet is required within the buffers with shrubs, lawn, or other vegetative groundcover. Provide additional trees and landscaping within the Holleran Drive & Emerson Street buffers to meet this Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 requirement. d. Provide a minimum 25-foot wide landscape buffer along the north property boundary adjacent to parcel #82114050305 (residentially zoned RUT in Ada County) as required by UDC 11-2B-3, in accordance with the standards listed in UDC 11-3B-9, Landscape Buffers to Adjoining Uses. Said buffer shall be provided comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover at a density that results in a barrier that allows trees to touch at the time of the tree maturity. e. The Applicant shall either landscape the 30-foot wide Kennedy Lateral easement with grass and low lying bushes or shrubs (not trees) as allowed by the irrigation district or provide a 5- foot wide buffer outside of the Kennedy Lateral easement planted with trees and vegetation in accordance with the standards listed in UDC 11-3B-9C, Landscape Buffers to Adjoining Uses, to meet the requirement for a buffer to residential uses. 4~4-. g. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14; h. Comply with the standards in UDC 11-3B-lOC for preservation of existing trees on site as follows: - Mitigation shall be required for all existing trees four-inch (4") caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent (100%) replacement. (Example: two (2) 10-inch caliper trees removed may be mitigated with four (4) 5-inch caliper trees, five (5) fl- inch caliper trees, or seven (7) 3-inch caliper trees.) - No mitigation is required in the following: (i) existing prohibited trees within the street buffer or parking lot; (ii) existing dead, dying, or hazard trees certified prior to removal by the City of Meridian Parks Department arborist; (iii) trees that are required to be removed by another governmental agency having jurisdiction over the project. - Required landscaping: Existing trees that are retained or relocated on site may count toward the required landscaping. Mitigation trees are in addition to all other landscaping required by this Article. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.1.7 A minimum 35-foot wide street buffer is required along S. Meridian Road; a minimum X515-foot wide buffer is required along E. Victory Road located outside of the ultimate riEht-of--way where no buildings or parking lots exist; and a minimum 10-foot wide buffer is required along Holleran Drive and Emerson Street. These buffers shall be depicted on the plat as a permanent easement/buffer or included as a common lot in the subdivision and shall be maintained by the Business Owner's Association. 1.1.8 No signage is approved with this application. All signs proposed for this site shall obtain separate sign permit approval. 1.1.9 Across-access easement shall be recorded for all lots within the subdivision that do not have frontage on a public street, or front Meridian Road. All lots within the subdivision should have access to the access points approved in this application. This easement(s) shall be recorded and a Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 copy of said easement(s) submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat(s) granting said cross-access. 1.1.10 It shall be the responsibility of the Applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 1.1.11 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 1.1.12 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 or phase. 2 of the development. ac depicted on the phacin pla /pla hown i Exhibit. A.2. 1.1.13 Direct lot access to Meridian Road is prohibited; other than the access points specifically approved with this application, direct lot access to S. Meridian Road and E. Victory Road is prohibited and shall be noted on the final plat. The relocation of the existing access to/from State Highway 69/Meridian Road further to the north should be allowed if agreed upon by the owners of Double D, the Idaho Transportation Department, and City Council. A Variance is required to be approved by City Council for the relocation of an existing access point to a state hi~hway. 1.1.14 All areas approved as open space shall be free of wet ponds or other such nuisances except for the pond on Lot 6, Block 2, which shall be allowed to remain provided that. the pond have re-circulating water and be maintained so that it does not become a mosquito breedinE ground, in accordance with UDC 11-3'B-9C6. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3A-18. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the Applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2 GENERAL REQUIlZEMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to City Code. 1.2.2 The Applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.2.3 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.4 Staff's failure to cite specific ordinance provisions or terms of the approved Preliminary Plat does not relieve the Applicant of responsibility for compliance. 1.2.5 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6A. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service for the north portion of this development shall be via extension of the main in Meridian Road. The south portion of the project will sewer to the Black Cat trunk that will need to be installed in E Victory Road. The applicant will be responsible to install a portion of the Black Cat trunk along their south frontage on E Victory Road starting from a manhole that will be located on the West side of Meridian Road at the developer's expense. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size, manhole locations and routing with the Public Works Department. The applicant shall 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. Staff will work with the Applicant to draft a reimbursement agreement that will Eo before City Council for approval, as outlined in City Code 9-4-19. 2.2 Water service to this site is being proposed via the existing mains in E Victory Road, and S. Meridian Road. Due to fire flow requirements the applicant shall be responsible to install multiple water connections in E Victory Road, and S. Meridian Road. The applicant shall be responsible to install mains to and through this development, coordinate main size and routing with Public Works. 2.3 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). 2.4 The City of Meridian requires that pressurized imgation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells maybe used for non- domestic purposes such as landscape irrigation. 2.6 Per UDC 11-3A-6 all imgation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.7 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. 2.8 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. Exhibit. C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 2.9 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 maybe bonded for prior to obtaining certificates of occupancy 2.10 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. 2.11 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Arn1y Corps of Engineers. 2.13 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. 2.14 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. 2.15 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. 2.16 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. MERIDIAN FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '/2" 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'. £ 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 Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 radius. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.6 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Commercial and office occupancies will require afire-flow consistent with the Intemational Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 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. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure. 3.10 Provide a Knox box entry system for the complex prior to occupancy. 3.11 The first digit of the Apartment/Office Suite shall correspond to the floor level. 3.12 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3..13 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 3.14 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.15 There shall be a fire hydrant within 100' of all fire department connections. 3.16 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.17 This project will be required to provide an emergency access driveway at the north end of Holleran Drive to S. Meridian Road with a 20' wide swing or rolling emergency access gate setback 30-feet from S. Meridian Road. The gate shall be equipped with a Knoxbox Padlock which has to be ordered thru the Meridian Fire Department. The emer~ency access driveway may be incorporated into the required stub street at the northern property boundary. Construction plans shall be approved by the Meridian Fire Department. 3.18 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.19 Buildings or facilities exceeding 30 feet (9144mrn) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 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. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 6. SANITARY SERVICE COMPANY 6.1 The existing enclosure on this site needs to be modified. 7. ADA COUNTY HIGHWAY DISTRICT (DR,9FT COPY) 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Construct the internal streets (Emerson Street / Holleran Dr.) as a 41-foot street section with vertical curb, gutter and a 5-foot attached concrete sidewalk within 54-feet ofright-of--way. Provide an easement for any portion of the sidewalk located outside of the right-of--way. 7.1.2 Construct two cul-de-sac turnarounds at the north and south terminus of Holleran Drive. 7.1.3 Construct the southern common drive with 24-feet of pavement intersecting Emerson Street approximately 280-feet north of East Victory Road. 7.1.4 Construct the northern common drive with 24-feet of pavement intersecting Emerson Street approximately 310-feet north of East Victory Road. 7.1.5 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing imgation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 5, 2007 C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Comtission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACI-ID, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACRD and ITD consider road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Staff and the Commission are unaware of any natural, scenic, or historic features on this site. Therefore, the City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit C CjQ/rE IDR IAN*-- ionHO __,,. ~ December 18, 2007 MEMORANDUM TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner MayorTammy de Weerd City Council Members: Keith Bird Joe Gorton Charles Rountree David Zaremba - - ~-- RE: Emerson Park -Findings of Fact and Conclusions of Law The applicant requested that a modification be made to condition of approval #1.1.12 in the findings document for Emerson Park to reflect the actual motion made by Councilman Bird at the hearing on December 4, 2007 as follows: 1.1.12 "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 seeepd final plat for phase 2 of the evelopment, as depicted on the phasing elan/plat shown in Exhibit A.2." Staff has revised the findings document to reflect the above noted change.