The URL can be used to link to this page

Home My WebLink AboutComments from Shawn NickelROSEILAW GROUP BORTON March 18, 2008 Meridian Planning and Zoning Commission City of Meridian 660 E. Watertower Lane, Suite 202 Meridian, Idaho 83642 RE: Browning Plaza (Waltman Lane) Annexation/Zoning and Preliminary Plat -Planning and Zoning Review Comments Dear Commission; R,ECEIV~~ MAR 19 2008 GIN OF MERIDIAN CITI' CLERK OFFICE As we approach our new hearing on March 20, 2008, please accept these revised comments regarding the staff report by Planning Staff for the Browning Plaza (Waltman Lane) annexation and zoning, and preliminary plat applications. We have been working hard with ACRD and your staff to address the issues that were outstanding from our last meeting. Please place these new comments into the record and I will be happy to address each item at the meeting. Comments regarding Conceptual Plans The applicant has provided conceptual elevations to staff and for viewing by the Planning and Zoning Commission at the hearing. The applicant would like it to be clear to the Commission that these plans, in addition to the conceptual site plan, are only conceptual in nature, and may not represent what could actually develop on this property once a user or users are found. From discussions with staff, it is the applicants understanding that any future development would need to be in "general conformance" with these plans and that a future user may request a modification to the development agreement if a use or design is proposed that does not match what has been submitted. It is the applicants hope that, through the conditions of approval within the development agreement, that the City will be comfortable with the applicant's desire for flexibility at this stage of the planning process. SHAWN L. NICKEL Principal Lvid Use Planner 6223 N. Discovery Way, Suite 200 Boise, ID 83713 Phone 208.323.5393 Fax 208.6581371 sn ickel@roselawgroup.com www.roselawgroup.com Regarding staffs analysis of the issues and their subsequent recommended conditions within the Development Agreement, please see the applicant's response and recommended additions and deletions below: Development Agreement: A Development Agreement (DA) will be required as part of annexation of this property. Prior to annexation approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433, within 6 months of City Council approval to initiate this process. The DA shall include, at minimum, the following: • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. AGREED, WITH THE UNDERSTANDING THAT THIS IS A STANDARD CONDTTION REFERRING TO USES AND ACTIVITIES THAT ARE EXCESSIVE, AND NOT OF THE NORMAL NATURE. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. AGREED • The applicant shall be responsible for all costs associated with sewer and water service installation. AGREED • No building permits shall be issued or constriction traffic allowed on this site until the constriction related to the Waltman Lane/Meridian Road/Main Street intersection is completed OR Corporate Drive is extended across the Ten Mile Creek and is connected to Waltman Lane. (If the extension of Corporate Drive is completed prior to the Waltman Lane/Meridian Road/Main Street intersection and construction begins on this site, no construction traffic shall be allowed to use the Waltman LanelMeridian Road/Main Street intersection until it is also completed.), Construction traffic for the purpose of infrastructure improvements shall be allowed during the construction related to the Waltman Lane/Meridian Road/Main Street intersection. AGREED • Prior to occupancy of any stricture located on this site, the Waltman Lane/Meridian Road/Main Street intersection shall be completed: ~ Further, up to 75 000 square feet of gross building area will be allowed prior to the extension of Corporate Drive °"°" M° °°'°^''°'' across the Ten Mile Creek to connectm~ to Waltman Lane A TT ~x~ 1.... r >, it >,° a.n..: .°a ..:.-. «M ~+ .d '.7 11. l.7° °.7 r.. A!''LTT\ ..t.....i....7~1 f-.~~. rL.° ..r° ..r:.. ..F e . A Certificate of Zoning compliance application(s) will not be approved for any structure(s) on the site that exceeds the total. allowed square footage for the site until Corporate Drive is extended. THE APPLICANT IS NOT I1V AGREEMENT WITH THE CONDITION RESTRICTING THE STTE TO A MAXIMUM OF 75,000 SQUARE FEET PRIOR TO THE CORPORATE ROAD EXTENSION, AND WOULD REQUEST CONSISTENCY WITH THE ACRD CONDITION OF 8,000 VEHICLE TRIPS (OR 80% BUILDOUT OF THE SITE) • Ruddy Drive shall be extended as a public street into this site and up to Waltman Lane, as shown on the concept plan. AGREED • At no time shall construction traffic associated with the development of this site be allowed to access this site using Ruddy Drive or any other street within The Landing Subdivision. AGREED • Provide a pedestrian network within the parking areas that will help to guide pedestrians through the parking areas safely. This network shall include pedestrian only pathways and sidewalks that connect the distant parking areas to the buildings. A pedestrian plan shall be included with the master concept plan for this development; submit with CZC application on this site AGREED • All buildings in the development shall be subject to the administrative design review standards listed in the UDC pertaining to architectural character, color & materials, and parking lots. In addition to the aforementioned standards, the lots directly adjacent to Waltman Lane shall also comply with design standards pertaining to pedestrian walkways. AGREED • All buildings on the site shall be generally consistent with the conceptual office and retail elevations submitted with this application eFe+xi+eg~, unless the Develoament Agreement is modified by the develoaer once actual users are identified. AGREED • All buildings shall contain architectural elements and landscaping features that break up any long facade or wall, as determined by the Planning Director, that face the freeway, a main drive aisle, a parking area, or a residential district. These architectural elements shall include at least two changes in materials or colors, and some modulation in the facade, including but not limited to, windows, columns, cornices, extrusions, or other architectural enhancements. • Unless otherwise approved by a future Conditional Use Permit, trash compactors and loading docks along the north, west, and south property boundaries are prohibited. Further, all trash enclosures shall be constructed of concrete or masonry materials. AGREED • Except for a potential hotel site at the southwest comer, offices shall be constructed along the west and northwest boundaries of this site as a transitional use to the existing residential uses (unless the adjacent uses are changed into non-residential uses). THE APPLICANT WOULD STILL LII~ THE ABILITY TO ALLOW SOME RETAIL USES ALONG THE WESTERN AND NORTHERN BOUNDARIES. PROHIBITED USES WOULD BE DRIVE-THRU'S AND DRINHING ESTABLISIIMENTS, AND BUSINESSES .WITH HOURS OF OPERATIONS EXCEEDING lOPM. RESTAURANTS OR FOOD ESTABLISIIMENTS COULD BE ALLOWED THROUGH A CONDITIONAL USE PERMIT. NO REAR LOADING AREAS, DELIVERY AREAS, TRASH AREAS OR OBTRUSIVE LIGHTING WOULD BE ALLOWED. ADDITIONAL RESTRICTED USES COiJLD ALSO BE LISTED. THEY INCLUDE: Use Animal care facility1 Artist studio1 Arts, entertainment or recreation facility, indoors1 Cemetery1 Church or place of religious worship1 Civic, social or fraternal organizations1 Daycare center1 Daycare, family1 Daycare, group1 Education institution, private1 AS CUP Education institution, public1 AS CUP Financial institution1 Flex space1 Healthcare or social services Hotel and moteP1 ONLY AT SOUTHWEST CORNER Laundrornat1 Laundry and dry cleaning C-N C-C C-G L-O P P P C P P P - P P P C ----..---C----- F-----~------- _---- ---------C----- P-----~------- -^---- - - - C P ~P+ P ~P+ C \i C C A/C A/C A/C P A A A A P P A P ---------C-----C-----~------- ---- _-_____-A/C A/C - P P P P P P P P --------- P ------P----- P ------P--- - P P - ---------C----- P------~------- ----- P P P P --------• --------~~-------'---------C~--- P/C P/C P/C - --------- P ----- F----- ~------- C--- --------- --•---- -------~---------Cam---- P P P C - C P - C P _ - _ Deleted: Arts, entertainment or - recreation facility, outdoor stage or ~. music venue Deleted: C Deleted: Arts, entertainment or recreation facility, outdoorsl Deleted: P Deleted: Building material, garden equipment and suppliesl Deleted: P - Deleted: Drinking establishmentl ~' -" Deleted: C Deleted:Orive-through establishmentl Deleted: A/C _ -- -- Deleted: Equipment rental, sales, and servicel `' Deleted: C .--i Deleted: Fuel sales facilityl ' Deleted: P --' Deleted: Fuel sales facility, truck Deleted: C ' Deleted: Hospitall Deleted: C _ ---- Deleted: Industry, infonnationl _ ~~ Deleted: P - Deleted: Industry, lightl ,' Deleted: C - Deleted: Mortuary Deleted: P Multi-family development - C C C Nursery or urban farm1 C P P C Nursing or residential care facility1 C C - C `--------------------------------------•----------------------------------------------- -----C'-- ----C~---- --~---- -- C Parks, public and private P P P P Personal or professional service P P P P Public, infrastructure C C C C Public orquasi-public use1 P P P P Public utility, minor P P P P Restaurant AS CUP P P P C Retail store P P P - Storagefacility, outside1 A A A - Storage facility, self-service1 - C C - Ternporary use A A A A ------------------------------------------------------------------------------------------- -----A --- -- P--- -- ~ ----- -- -- ~---------------------------------------------------------------------------------------- ----- ----- -- C--- ---~------- - Vertical integrated residential project1 Warehouse1 Wholesale sales Wireless cornrnunication facility1 Wireless communication facility, amateur radio antenna C----- P------~------- ~---- C P P C - - A - - - A - P/C P/C P/C P/C A A A A • Restaurant uses oronosed along the north boundary of the site (excluding the northwest corner directly adiacent to existin>? residences, of which restaurant uses are not allowed) are not allowed to have outdoor seating areas located adiacent to Waltman Lane and residences to the north (unless the adiacent uses are chaneed into non-residential uses). 1_All structures proposed on the site over 100,000 square feet that are within~- 300 feet of a residential district or use shall obtain conditional use permit approval. AGREED • All structures along the west and north property boundaries adjacent to existing residences shall be limited in height to two stories and shall have a minimum setback of 25 feet adiacent. to the existine residences (unless the --- Deleted: Parking facility Deleted: P _ -- Deleted: Recreational vehicle park Deleted: P _--i Deleted: Vehicle repair, minorl Deleted: P '"' Deleted: Vehicle sales or rental and servicel Deleted: P Deleted: Vehicle washing facilityl Deleted: P Formatted: Bullets and Numbering adjacent uses are changed into non-residential uses), with the exception of the proposed hotel. If a hotel is built at the southwest corner of the site as depicted on the concept plan, a 25-foot setback shall be required for the fast story, a 100-foot setback shall be required for the 2"d story, and a 200-foot setback shall be required for anything greater than 2 stories, adjacent to existing residences. Structures along the west and northwest property boundaries directly adjacent to residences shall position second story and higher, in the case of a hotel) windows in such a manner as not to have views directly into neighboring residential properties. AGREED • No rear loading areas, delivery areas, trash areas, or obtrusive lighting shall be .permitted adjacent to existing residences on the west and north .property boundaries. AGREED • A minimum of 15 buildings slie~eld shall be required on this site. AGREED • Development of this site shall be generally consistent with the conceptual site plan submitted with this application, as determined by the Planning Director, unless the Development Agreement is modified by the developer once actual users are identified. AGREED • Prior to issuance of the first occupancy, a 10-foot wide multi-use pathway shall be constructed at the northeast comer of the site as depicted on the concept plan and as approved by the Parks Department, on the east side of the Ten Mile Drain in alignment with the existing pathway on the north side of Waltman Lane, in accordance with the standards listed in UDC 11-3B-8 and 11-3B-12, and the Master Pathways Plan. AGREED • The vegetation and trees that currently exist along the banks of the Ten Mile Creek shall be protected or enhanced as part of this development. The applicant shall work with the Pazks and Recreation Department regazding the removal or replacement of any trees on this site. AGREED • Construct a 50-foot wide landscape buffer along the interstate. This buffer shall be r designed in accordance with UDC 11-3B-7 and be placed along the entire southern boundazy of the subject site, prior to the occupancy of the first building in this development. AGREED • Construct a 20-foot wide landscape street buffer along Waltman Lane (a collector street) east of the Corporate/Waltman intersection. A 10-foot wide buffer shall be constructed along Waltman Lane (a local street) west of the Corporate/Waltman intersection. These buffers shall be designed in accordance with the standadds listed in UDC 11-3B-7 and constructed prior to the occupancy of the first building in this development. AGREED • Construct a 25-foot wide landscape buffer between residential uses and properties zoned C-G. This buffer shall be designed and constructed in accordance with UDC 11-3B-9 and be placed adjacent to any existing residential uses which would include The Landing Subdivision and the two residential parcels located adjacent to the northwest corner of the subject property (if these properties are still functioning as residential uses and have not converted to commercial by the time building permits are applied for), prior to occupancy of the adjacent building. AGREED • Relocate Waltman Lane further to the south, vacate the existing right-of--way, and install a 25-foot wide landscape buffer on the north side of Waltman (off-site) as depicted on the concept plan. AGREED • Constnact two driveways as proposed on the south side of Waltman Lane, no wider than 36-feet each. No driveway accesses to Waltman are approved west of the Waltman/Corporate intersection. AGREED • Construct a maximum of 5 access points to Corporate Drive as shown on the concept plan, unless the Development Asreement is modified by the developer once actual users are identified. AGREED • The applicant shall comply with all landscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. AGREED • The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and design review approval from the Planning Department prior to all new construction on the subject property. AGREED Any remaining comments and recommendations contained in the Staff Report are deemed to be within reason to the applicant upon approval by the Planning and Zoning Commission and City Council. Please include our comments as part of the record for Browning Plaza. Please contact me if any questions arise. Sincerely, Shawn L. Nickel Representing Meridian Waltman, LLC