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HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 STAFF REPORT Hearing Date: June 19, 2008 TO: Planning & Zoning Commission FROM: Sonya Watters Associate City Planner 208-884-5533 SUBJECT: Shops at Victory ~E IDI~ANI~- 4 ~ lV~;~} JUN 1 6 2008 • Az-o8-o07 CI~~Y OF ME~~~iAN Annexation and Zoning of 4.79 acres from RUT (Ada CogtTt ~ E R K n F ~ f (~ (Community Business District) • PP-08-006 Preliminary Plat for 3 commercial building lots on 3.68 acres • CUP-08-011 Conditional Use Permit for adrive-through pharmacy in a proposed C-C zoning district within 300 feet of an existing residence • ALT-08-012 Alternative Compliance is requested for a reduced buffer width in certain areas adjacent to the existing residential use along the southern property boundary 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, LDR-IUDMG, LLC, has applied for Annexation and Zoning (AZ) approval of 4.79 acres of land from the RUT zoning district in Ada County to the C-C (Community Business District) zoning district. Preliminary Plat (PP) approval is also requested for 3 commercial building lots on 3.68 acres of land. Alternative Compliance (ALT) is requested for a reduced buffer width in certain areas adjacent to the residential use along the southern property boundary. Lastly, a Conditional Use Permit (CUP) is requested for approval of adrive-through pharmacy in a proposed C-C zoning district within 300 feet of an existing residence. See Section 10 of the staff report for more information. The proposed development is planned to include neighborhood commercial retail uses such as a drug store, complimentary retail shops, services, office, and restaurant components. The final mix of these uses will be dependant on market conditions at the time of development. The site is located at 3210 S. Eagle Road on the southeast corner of E. Victory Road and S. Eagle Road. Currently, there is asingle-family home with a pasture on this site. This property is within the City's Area of Impact and Urban Service Planning Area and is contiguous to the current City limits. 2. SUMMARY RECOMMENDATION The subject applications (AZ, PP, ALT, and CUP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning, Preliminary Plat, Conditional Use Permit, and Alternative Compliance applications. Staff is recommending approval of the proposed development (AZ-08-007, PP-08-006, and CUP-08-011) with the Development Agreement provisions listed in Section 10, and the conditions listed in Exhibit B of the Staff Report. Note: Per UDC 11-SA-2, Alternative Compliance applications are approved at administrative level by the Shops at Victory AZ PP CUP PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 Planning Director. However, because ALT is requested concurrently with the AZ, PP, and CUP, Staff has included analysis on the ALT request in this staff report; the ALT application does not require Commission/Council action. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Numbers AZ-08-007, PP-08-006, and CUP-08-011, as presented in the staff report for the hearing date of June 19, 2008 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Numbers AZ-08-007, PP-08-006, and CUP-08-011, as presented during the hearing on June 19, 2008, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ-08-007, PP-08-006, and CUP-08-011 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The site is located on the southeast corner of S. Eagle Road and E. Victory Road, in Section 32, Township 3 North, Range 1 East. b. Owner(s): Axelrod Living Trust, Charles Axelrod 211 S. Spalding Drive Beverly Hills, CA 90212 c. Applicant: LDR-IUDMG, LLC 350 N. 9~`, Ste. 201 Boise, ID 83702 d. Representative: Tamara Thompson, Landmark Development Group 2462 Sunshine Drive Boise, ID 83712 e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Mixed Use -Community g. Description of Applicant's Request: The applicant is requesting concurrent approval for: Annexation and Zoning of 4.79 acres from RUT (Ada County) to C-C (Community Business District); Preliminary Plat approval of 3 commercial building lots on 3.68 acres; Alternative Shops at Victory AZ PP CUP PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 Compliance of a reduced buffer width in certain areas adjacent to an existing residence; and a Conditional Use Permit for adrive-through pharmacy within 300 feet of an existing residence. The proposed development is planned and designed to include neighborhood commercial retail uses. 1. Date of Preliminary Plat (attached in Exhibit A): 4/18/08 2. Date of Landscape Plan (attached in Exhibit A): 4/18/08 3. Date of Conceptual Plan (attached in Exhibit A): 4/18/08 h. Applicant's Statement/Justification: "The site is in the City of Meridian's impact area and its Comprehensive plan designation is Mixed Use -Community. Our proposed zoning and development comply with the Comprehensive Plan. The proposed project is intended to fill a need for neighborhood services on the southern boundary of the City. Due to its proximity in the surrounding trade area, the proposed project will reduce trips out of the area for daily consumer needs and services." See applicant's narrative submitted with application for more information. 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. 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 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. c. The subject application will in fact constitute a conditional use permit as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. d. Newspaper notifications published on: June 2 and 16, 2008 e. Radius notices mailed to properties within 300 feet on: May 23, 2008 £ Applicant posted notice on site by: June 4, 2008 6. LAND USE a. Existing Land Use(s): There is currently asingle-family residence, associated outbuildings, and a pasture on this property. b. Description of Character of Surrounding Area: This property is currently surrounded by rural residential properties. c. Adjacent Land Use and Zoning: 1. North: Single-family home on a large rural parcel, zoned RUT (Ada County) 2. East: Single-family homes on large rural parcels, zoned RUT (Ada County) and R-4 [The R-4 zoned property has received preliminary plat (Harcourt Subdivision) approval for 60 single- family residential building lots on 22 acres.) 3. South: Single-family homes on large rural parcels, zoned RUT (Ada County) and R-8 4. West: Single-family homes, zoned R-8 d. History of Previous Actions: • In 2005, the South Eagle Comprehensive Plan Amendment (CPA-OS-001) application Shops at Victory AZ PP CUP PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 approved a change to the future land use map for this property from "Low Density Residential" to "Mixed Use -Community." e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property will sewer to an existing manhole located approximately 760 feet east of the intersection of S Eagle Road and E Victory Road. The manhole is located in E Victory Road. Location of water: E Victory Road and S Eagle Road. Issues or concerns: a.) Providing services to 3250 E Victory Road. 2. Canals/Ditches Irrigation: NA 3. Hazards: Staff is not aware of any hazards that exist on this property. 4. Proposed Zoning: C-C (Community Business District) 5. Size of Property: 4.79 acres (3.68 acres included in the preliminary plat) f. Subdivision Plat Information: 1. Residential Lots: 0 2. Non-residential Lots: 3 3. Total Building Lots: 3 4. Common Lots: 0 5. Other Lots: 0 6. Total Lots: 3 7. Gross Density: NA 8. Minimum House Size: NA g. Landscaping 1. Width of street buffer(s): 25 feet adjacent to S. Eagle Road, a principal arterial street; and 25 feet adjacent to E. Victory Road, a minor arterial street 2. Width of buffer(s) between land uses: 25 feet (Applicant is requesting approval of Alternative Compliance for a reduced buffer width in certain areas.) 3. Percentage of site as open space: NA 4. Tree Preservation: Mitigation is required for all existing healthy 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. The application states that there are S existing trees of value totaling 54 caliper inches on the site. Fifty four caliper inches are planned for mitigation onsite along the eastern and southern boundaries in addition to the 1 tree per 35' required by the UDC. The result is 27 mitigated trees at 2 "caliper = 54 caliper inches. h. Off-Street Parking: UDC I 1-3C-6 requires one off-street vehicle parking space for every 500 square feet of gross floor area in commercial districts. The total building square footage depicted on the site plan is 29,910. Based on this amount, 60 parking stalls would be required; 133 are proposed, which complies with this requirement. Shops at Victory AZ PP CUP PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 i. Summary of Proposed Streets and/or Access: Two access points to the site are proposed from S. Eagle Road (the first, aright-in/right-out only access, 250+/- feet south of the intersection; and the second, a full access, 460+/- feet south of the intersection). Two access points are proposed from E. Victory Road (the first, aright-in/right-out only access, 250+/- feet east of the intersection; and the second, a full access, 470+/- feet east of the intersection). Drive aisles are proposed internally for access within the site. Cross-access easements are proposed to be granted between all three parcels. No stub streets are proposed to adjacent residential properties. See Analysis, Section 10, below for Staff's analysis of the proposed access to the site. As of the print date of this report, comments have not been received from ACHD on this application. 7. COMMENTS MEETING On May 30, 2008 a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. These agencies submitted comments on this application, which are included in Exhibit B of this report. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This site is designated as "Mixed Use -Community" on the Comprehensive Plan Future Land Use Map. Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category contains five sub- categories. "Generally, the mixed-use designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual site plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent of this designation is to offer the developer a greater degree of design and use flexibility." The following standards apply to the MU-C category: 1) Up to 25 acres may be non-residential uses; 2) Up to 200,000 square feet ofnon-residential building area is allowed; and 3) Residential densities of 3 to 8 units/acre. Staff finds that the development request generally conforms to the stated purpose, intent, and standards of the MU-C land use category within the Comprehensive Plan. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): Beyond what has been discussed above, the following Comprehensive Plan policies apply to this application (staff analysis in italics below policy): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. Shops at Victory AZ PP CUP PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. 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. Chapter VII, Goal N, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a commercial zoning district. In the proposed C-C district, a 25 foot wide buffer is required to be constructed adjacent to residential uses, per UDC Table 11-ZB-3 to protect residential properties from the impacts of commercial development. The applicant is requesting approval of Alternative Compliance for a reduced buffer width in certain areas with this application. As an alternative means of meeting the intent of the ordinance, the applicant is proposing additional landscaping within the buffer, a verti-crete wall adjacent to areas with a reduced buffer width, and 6 foot tall vinyl fencing on the remainder of the perimeter boundary adjacent to residential uses. Staff believes that the proposed combination of landscaping and fencing should adequately protect the adjacent residential properties from the proposed commercial development. See Analysis below for more on the Applicant's alternative compliance request. • Chapter V, Goal III, Objective D, Action 5 -Require all commercial and industrial businesses to install and maintain landscaping. Street buffer landscaping and internal parking lot landscaping is depicted on the landscape plan for the proposed project. All landscaping shall be installed and maintained on the site in accordance with the standards listed in UDC 11-3B. Chapter VII, Goal I, Objective B -Plan for a variety of commercial and retail opportunities within the Impact Area. The proposed development, which consists of neighborhood commercial uses such as a drugstore, retail shops, services, office and restaurant uses, will provide a variety of commercial opportunities in this area of the City. • Chapter VII, Goal I, Objective B, Action 3 -Locate new community commercial areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. The site is located on the corner of two arterial streets, E. Victory Road and S. Eagle Road. The site is surrounded by rural and urban density residential properties. Staff believes the proposed commercial development should complement the surrounding residential uses by providing needed services in this area of the City. • Chapter VII, Goal I, Objective B, Action 6 -Require neighborhood commercial areas to create a site design compatible with surrounding uses (e.g., landscaping, fences, etc.) Six foot tall vinyl fencing, a verti-crete wall, and added landscaping are proposed around the perimeter boundary of the commercial development to assist in providing a buffer between the existing residences to the south and east. The applicant is requesting alternative compliance with this application to reduce the buffer width adjacent to residential uses from 25 feet to as low as 10 feet in one area (the majority of the buffer is ZS feet wide as required). Staff is requesting that the applicant provide pathway connections to the east and south with this application for Shops at Victory AZ PP CUP PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 connectivity to the adjacent residential uses. Staff believes the proposed site design should be compatible with surrounding uses if the applicant complies with the conditions of approval and DA provisions in the staff report. • Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. Cross-access easements are proposed to be granted between all lots in the subdivision. Staff is requesting that the two right-in/right-out only accesses proposed closest to the intersection on Victory and Eagle be removed and only one access to/from Eagle and one access to/from Victory be approved with this application. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2B-21ists the permitted, accessory, and conditional uses in the C-C zoning district. The proposed retail, restaurant, office, and service uses are all listed as principal permitted uses in the C-C zoning district. The proposed drive- through requires conditional use permit approval in the C-C zoning district if it lies within 300 feet of an existing residential use or another drive-through facility. b. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district proximity to streets and highways. c. General Standards: All of the proposed lots shall comply with the dimensional standards listed in UDC 11-2B-3 for the proposed C-C zoning district. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: The Applicant is requesting approval to annex and zone 4.79 acres from the RUT zoning district in Ada County to the C-C zoning district in the City. The applicant proposes to develop the property with neighborhood commercial retail uses such as a drugstore, retail shops, services, office and restaurant uses. The property is currently designated on the Comprehensive Plan Future Land Use Map as Mixed Use -Community. The proposed use of the property and C-C zoning district are compatible with this designation. The C-N zoning district would also be compatible with the MU-C designation and would provide more of a transition in zoning between the adjacent residential uses and the proposed commercial development. Staff compared the permitted uses in the C-C district vs. the C-N district and found that the proposed retail, restaurant, and office uses are all principal permitted uses in both zoning districts. The major difference between the two districts is the dimensional standards, as follows: Shops at Victory AZ PP CUP PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 Dt EM S[QN,0.L STANDARDS' C•N C-C Front setback in feet 20 0 Rear setback in feet 25 0 Interior side setback in feet 0 Street landsca a buffer in feet Local 10 Collector 20 Arterial 25 Ent wa corridor 35 Interstate 50 Landscape buffer to residential uses in feet "* 20 25 Maximum buildin hei ht in feet 35 50 Maximum building size without design standard approval as set forth in 11-3A-19 ins uare feet 7,500 60,000 Parking requirements See Chapter 3 Article C. off-street arkin and loadin re uirements Landscaping requirements See Chapter 3 Article B. landscaping re uirements *All setbacks shall be measured from the ultimate right-of-way for the street classification as shown on the adopted Transportation Plan. **minimum setback only aliowed wifh reuse of existing residential structure. ***Where the adjacent property is vacant, the Director shall determine the adjacent proper designation based on the Cam rehensive Pian de&i atio~, Staff believes that the requested C-C zoning district is appropriate for this site if the applicant complies with the conditions and DA provisions in this report pertaining to maximum building footprint and minimum number of buildings on the site. Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested C-C zoning district is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The proposed annexation area consists of a combination of two parcels; a majority of parcel S 1128223075 (Axelrod parcel) and a very small portion of 83193250010 (Aldridge parcel) to the south. The applicant has submitted a Boundary Line Adjustment (BLA) application with Ada County Planning to modify the Axelrod parcel so that it is consistent with the annexation legal description and proposed plat. With the BLA, the Axelrod parcel is reduced from 3.92 acres to 3.69 acres; the Aldridge parcel is enlarged to 5.07 acres to conform to the Ada County requirement for RUT zoning. As a DA provision, Staff is requiring that the applicant submit a letter of final approval from Ada County Development Services for the Boundary Line Adjustment and a recorded copy of the Record of Survey, prior to approval of the annexation ordinance by City Council. The annexation legal description submitted with the application (stamped on March 17, 2008 by Aaron L. Ballard, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Conceptual Site Plan: The conceptual site plan submitted with this application [prepared by The Land Group, labeled as Sheet C1.03, dated 4/18/08 (revised 4/24/08)] depicts 3 buildings pads with footprints totaling 29,910 square feet (s.f.). The largest building pad, "Pad A," where the drugstore is proposed, consists of 15,885 s.f.; "Pad B" consists of 7,065 s.f.; and Shops at Victory AZ PP CUP PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 "Pad C" consists of 6,960 s.f. Off-street parking for the site is depicted on the plan. Based on the total building square footage proposed, 60 parking stalls are required; 133 parking stalls are proposed, which exceeds UDC requirements. Staff has reviewed the proposed concept plan and found it substantially complies with the dimensional standards listed in UDC 11-2B- 3 for the C-C zoning district, except for a reduced buffer width adjacent to residential uses; the applicant is requesting Alternative Compliance to this requirement (see below). Staff is requesting as a provision of the DA that a minimum of 2 buildings be constructed on the site and that the maximum building footprint of any one building not exceed 20,000 square feet to assist in providing a transition to more intense commercial uses adjacent to the existing and future residential uses. A detailed site plan is required to be submitted and will be reviewed with individual Certificate of Zoning Compliance application for future buildings/uses on the site. Building Elevations: The Applicant has submitted conceptual building elevations with this application for each of the building pads that depict how future buildings on this site may be constructed. Building materials depicted on the elevations included in Exhibit A.6 are proposed to consist of stucco with stone and split face CMU blocks accents and green metal roofing. The buildings will be painted with 5 different shades of brown. These elevations are included in Exhibit A.6. Staff is supportive of the proposed elevations. Buildings constructed on the site shall substantially comply with these elevations. Hours of Operation: Hours of operation for the businesses within the development were not specified in the application, except for the proposed drive-through pharmacy which is proposed to operate from 6 am to 10 pm. Because of the adjacent residential uses, Staff is recommending as a provision of the DA that hours of operation for all businesses within this development be restricted to the hours between 6 am and 10 pm. Development Agreement: UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan, and does not negatively impact nearby properties. Prior to annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. Said DA shall be completed within 1 year of City Council action. The DA shall incorporate the following: a. The applicant shall be responsible for all costs associated with the sewer and water service extension. b. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. c. No signs are approved with the subject annexation approval. All business signs will require a separate sign permit in compliance with UDC 11-3D. d. The request for Alternative Compliance for a reduced buffer width in certain areas adjacent to the residential property to the south, is approved per the landscape plan attached in Exhibit A and in accordance with the DA provisions and conditions of approval noted in the Shops at Victory staff report. Shops at Victory AZ PP CUP PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 e. Construct a minimum 6-foot tall verti-crete wall adjacent to the residential property to the south in the areas where the buffer width is below the required 25-feet, as shown on the fencing plan in Exhibit A.S, as approved through Alternative Compliance with this application. Construct a minimum 6-foot tall solid vinyl fencing in all other areas along the perimeter boundary adjacent to residential uses. All fencing shall be constructed in accordance with the standards listed in UDC 11- 3A-7C. f. Provide a minimum 5-foot wide detached sidewalk along both Eagle Road and Victory Road beyond the ultimate right-of--way of the reconstructed and widened intersection. g. Access to this site shall only be provided from one access point to/from Eagle Road and one access point to/from Victory Road in the locations approved by ACRD. Any other access points to/from the site are prohibited. h. Across-access/ingress-egress easement shall be recorded to/from Eagle Road and Victory Road benefitting all lots within the subdivision. i. Provide a pedestrian connection (pathway and break in the fence) from this site to the future pathway in Harcourt Subdivision. Additionally, provide a pedestrian connection (pathway and break in the fence/wall) to the property to the south for pedestrian access to the proposed commercial development. j. A minimum of 2 buildings shall be constructed on the site and the maximum building footprint of any one building shall not exceed 20,000 square feet. k. Hours of operation for the businesses within this development shall be restricted to the hours between 6 am and 10 pm. 1. The Applicant shall comply with the tree preservation standards listed in UDC 11- 3B-10 for protection of existing trees that are proposed to be retained and existing trees 4-inch caliper and greater that are proposed to be removed. The applicant's proposal to plant trees along the southern and eastern property boundaries as mitigation for trees removed from the site is approved per the landscape plan included in Exhibit A. m. The detailed site plan and building elevations submitted with any future CUP and/or CZC application for this site shall substantially comply with the conceptual site plan and building elevations submitted to the City as shown in Exhibit A of this staff report, as amended herein, and with the requirements of the subject Development Agreement. i. The Applicant shall submit a letter of final approval from Ada County Development Services for the Boundary Line Adjustment and a recorded copy of the Record of Survey, prior to approval of the annexation ordinance by City Council and publication of the ordinance in the newspaper. 2. PP Application: The applicant is requesting Preliminary Plat approval of 3 commercial building lots on 3.68 acres of land in a proposed C-C zoning district. This property has not been previously platted. The applicant is proposing to plat this subdivision in one phase. Staff has reviewed the proposed preliminary plat and found it substantially complies with the dimensional standards listed in the UDC 11-2B-3 for the C-C zoning district except for the Shops at Victory AZ PP CUP PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 requirement of a 25-foot wide landscape buffer adjacent to residential uses. The applicant has requested Alternative Compliance for a reduced buffer width (see below). Alternative Compliance: The applicant is requesting approval of Alternative Compliance with this application for a reduced buffer width in certain areas along the south and southeast property boundaries. As mitigation for a reduced buffer width, the applicant proposes to install a mix of 6-foot tall vinyl fencing and verti-crete wall, and added landscaping along these boundaries to create more of a barrier between the proposed commercial uses and the existing residence. Per UDC 11-SB-SB.2, requests for alternative compliance are allowed when a site involves space limitations or an unusually shaped lot. Staff believes that this parcel has space limitations due to its size and irregular shape. For this reason, Staff is supportive of the request for Alternative Compliance provided that a minimum 6-foot tall verti-crete wall is constructed adjacent to all areas with a decreased buffer width and minimum 6-foot tall solid vinyl fencing is constructed in all other areas along the perimeter boundary of the subdivision adjacent to residential uses. See attached Findings in Exhibit D for more information. Existing Landscaping: The application states that there are 5 existing trees on site that are considered of value, totaling 54 caliper inches. Fifty-four caliper inches were mitigated on the site along the eastern and southern boundaries in addition to the 1 tree per 35 lineal feet required by UDC 11-3B-9. The Applicant shall contact Elroy Huff, Parks Department, for confirmation of the aforementioned figures and approval of the tree mitigation plan. The Applicant shall provide mitigation for existing healthy trees on the site that are proposed to removed as depicted on the landscape plan in accordance with the mitigation standards listed in UDC 11-3B-lOC. Additionally, all trees that are retained should be protected during construction. The Applicant should contact Elroy Huff at 888-3579 for approval of the protection fence prior to construction. Landscaping: The applicant submitted a landscape plan [prepared by The Land Group, on 4/18/08 (revised 4/24/08), labeled as Sheet L1.0] for the site with the subject application. Staff has reviewed the plan and approves of it with the following modifications/notes: The applicant shall construct a minimum 25-foot wide street buffer along the entire frontage of S. Eagle Road and E. Victory Road (both arterial streets), exclusive of ACHD right-of--way required for the ultimate street section. Said buffer shall be designed and constructed in accordance with UDC 11-3B-7. Per UDC 11-3B-7.2b, street buffers shall be on a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners' association. (Note: In 2011, the Victory/Eagle intersection is planned to be reconstructed and widened to S lanes on all legs, including curb, gutter, sidewalk, and bike lanes, per ACHD's 2009-2013 Five Year Work Program.) The applicant shall construct a 7-foot wide detached sidewalk along both Eagle Road and Victory Road beyond the ultimate right-of--way of the reconstructed and widened Eagle/Victory intersection. Sidewalk may be located within the required buffer area. Depict a minimum 6-foot tall verti-crete wall along the south property boundary in the areas shown on the fencing plan attached in Exhibit A.S. In all other areas adjacent to residential uses, depict minimum 6-foot tall solid vinyl fencing. Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, on implementing the proposed protection and mitigation plan for the existing trees on site. The Applicant shall contact Elroy Huff, Parks Department, for confirmation of the caliper inches of trees to be mitigated and approval of the tree mitigation plan. Shops at Victory AZ PP CUP PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Sidewalks: The conceptual site plan depicts a 7-foot wide sidewalk along S. Eagle Road and E. Victory Road. The Comprehensive Plan (page 55) requires detached sidewalks along all arterial streets within the City. Staff is requesting as a provision of the Development Agreement that a minimum 5-foot wide sidewalk be constructed as a detached sidewalk along both Eagle Road and Victory Road beyond the ultimate right-of--way of the reconstructed and widened intersection. Pathways: No pathways are proposed for interconnectivity and pedestrian access to adjacent residential properties. However, the approved preliminary plat for Harcourt Subdivision to the east depicts amicro-path connection to this property at the east boundary. Staff recommends that a pedestrian connection (pathway and break in the fence) be provided from this site to the future pathway in Harcourt Subdivision. Additionally, staff recommends that a pedestrian connection (pathway and break in the fence/wall) be provided to the property to the south for pedestrian access to the proposed commercial development. Access: Two access points to the site are proposed from S. Eagle Road (the first, aright- in/right-out only access, 250+/- feet south of the intersection; and the second, a full access, 460+/- feet south of the intersection). Two access points are proposed from E. Victory Road (the first, aright-in/right-out only access, 250+/- feet east of the intersection; and the second, a full access, 470+/- feet east of the intersection). Drive aisles aze proposed internally for access within the site. No stub streets are proposed to adjacent residential properties. Planning Staff, the Fire Department, and Police Department are supportive of the two full-access points proposed furthest from the intersection, but are not supportive of the two right-in/right-out only access points proposed closest to the intersection. Staff is including a DA provision that access be restricted to the one access point from Eagle Road and one access point from Victory Road in locations approved by ACHD. If the Commission and Council should decide to approve the right-inlright--out accesses proposed closest to the intersection, Staff recommends that a center median be required in Eagle Road to restrict left-in/left--out traffic movements. Further, staff is supportive of the internal driveways proposed within the site and does not believe that stub streets should be required to adjacent residential properties. Cross-access easements are proposed to be granted between the parcels (see Analysis, Section 10, below for more information). Easements and notes regarding access should be placed on the face of the final plat. As of the print date of this report, comments have not been received from ACHD on this application. Stub Streets: No stub streets are proposed to adjacent properties and no stub streets are provided to this site from adjacent residential properties. Because residential properties exist to the east and south of this property and because these properties aze designated on the future land use map for low density residential uses, Staff is supportive of no stub streets being provided. Existing Structures: The existing building(s) on the site shall be removed, prior to signature of the final plat by the City Engineer. Fencing: The applicant is proposing a mix of 6-foot tall vinyl fencing and verti-crete wall along the southern and eastern perimeter boundaries of the subdivision. With approval of Shops at Victory AZ PP CUP PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 the request for Alternative Compliance for a reduced buffer width adjacent to residential uses, Staff is requesting that the proposed verti-crete wall be installed adjacent to areas where a reduced buffer width is proposed, as shown on the fencing plan attached in Exhibit A.S, to provide more of a barrier to the bordering residential uses. In all other areas adjacent to residential uses, a minimum 6-foot tall solid vinyl fence shall be installed. A detailed fencing plan should be submitted upon application of the final plat. Fencing shall be installed prior to issuance of any building permits on the site to contain debris during construction. Temporary construction fencing shall be installed where permanent fencing is not proposed, prior to release of building permits. All fencing shall be installed in accordance with the standards listed in UDC 11-3A-7. Ditches, Laterals, and Canals: There are no laterals, canals, or ditches on this site. 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 use 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 used, 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. 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: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-SB-1 A). To ensure that all of the requirements of the Development Agreement and preliminary plat, as listed in Section 10 and Exhibit B of this staff report are complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to building/parking lot construction, and all improvements must be installed prior to occupancy. 3. Conditional Use Permit (CUP): The applicant is requesting CUP approval for adrive- through window for the proposed pharmacy within 300' of an existing residence. Per UDC 11-4-3-11, if adrive-through window is proposed to be located within 300' of an existing residence, CUP approval is required. The drive-through window is proposed to be located on the south side of Pad A at the southeast corner of the building. Per UDC 11-4-3-11, Specific Use Standards apply to the proposed drive-through use of the property as follows: - All establishments providing drive-through service shall identify the stacking lane, speaker location, and window (pneumatic tube) location on the plans submitted with the Certificate of Zoning Compliance (CZC) application; The site plan depicts a stacking lane that is separate from the drive aisle needed for circulation. The speaker location and window location shall be depicted on a revised site plan submitted with the CZC application. - Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of- way bypatrons; There is sufficient room for patrons to stack without obstructing the public right-of--way. - The stacking lane shall be a separate lane from the circulation lanes needed for access and parking; The stacking lane is separate from the circulation lane. Shops at Victory AZ PP CUP PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 - The stacking lane shall not be located within ten feet (10') of any residential district or existing residence; The stacking lane is approximately 95 feet from of a residential district, which complies with this requirement. - Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane; and, There is a drive aisle adjacent to the stacking lane which will serve as an escape lane if needed. - A letter from the Transportation Authority indicating the site plan is in compliance with the authority's standards and policies shall be required. As of the print deadline, comments have not been received from ACHD. The Applicant shall comply with this requirement. Staff believes that the proposed drive-thru does comply .with the aforementioned standards. The applicant shall demonstrate continued compliance with submittal of the Certificate of Zoning Compliance application for the drive-through window. Hours of Operation: The proposed hours of operation for the drive-through pharmacy are 6 am to 10 pm/7 days a week. Staff has no objections to the proposed hours of operation. However, the Commission and Council should rely on testimony presented at the public hearing to determine if the nearby neighbors have objections to the proposed hours. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted, prior to issuance of building permits, for the proposed drive-through pharmacy use. The site plan submitted with the CZC shall be revised to comply with the conditions of approval listed in Exhibit B of this report and shall be submitted prior to establishment of the new use. All improvements must be installed prior to occupancy. b. Staff Recommendation: Staff is recommending approval of the proposed development (A~ 08-007, PP-08-006, and CUP-08-011) with a Development Agreement and the conditions listed in Exhibit B of the Staff Report. 11. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Preliminary Plat (Dated: 4/18/08, Revised: 4/24/08) 3. Conceptual (Dated: 4/18/08, Revised: 4/24/08) 4. Landscape Plan (Dated: 4/18/08, Revised: 4/24/08) 5. Fencing Plan 6. Building Elevations 7. Letter from Ada County Development Services Pertaining to Property Boundary Adjustment B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department Shops at Victory AZ PP CUP PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 19, 2008 6. Sanitary Service Company 7. Ada County Highway District C. Annexation Legal Description & Exhibit Map D. Required Findings from Unified Development Code Shops at Victory AZ PP CUP PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 A. Drawings 1. Vicinity/Zoning Map Exhibit B -Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 2. Preliminary Plat (Dated: 4/18/08, Revised: 4/24/08) tt~ .. E W~C7pRY Neill .. .~ ~` F, ~ ~ .~1yY*1 t..~{. .,,' 'd ~ ~_ ', v.. ...._..__. Yry~~~ -R__ " 4~1C Mn .. C ~ l r rt~ ~F i~ ~ ~~ r ..-~.,,,.~ i~ a -^- V'F --+~ S k $ ~° ' i ~~ n y n ~ F ~ ~ry ~ F ;`t ~~ } ,rte t~ s 9'~ <~ ~ - ~ ~;t '~ { "' ri j} f{ ~ j 7q rt ~ f i+~ ~ ~ tm 3 fff p ~ ~ ~ ~ ~ q ~ ' 1 ~ ~ R. , 3^~?.fl ~ L.. ~ t \\ ~ 9 ii k l yv~ Plan ~, " =.ei- ..r ~+w CU ir.ru rwr.rw. ~~~ ~ W~~ ~~~~ • ru ~ ~O~i.IrrY © ~M Ol1~ .ter at. w #r b. ,ww V s rr.r lp I ti ~,n..~.s ,.a ~roa~ae ~i~. a,~ 35 i'e a 'a Olail W1~ Nelp auea as4ue ~w.r~ un ~ ~~~j°rrr f ~. r.~.wrv ~ E .r rw.rs wr~rw rYrl rlrr, rrYS ~..~ .wrwrr - NI ~ C d un o~4Wa • l.~L'911iiLAS'dSF~ ~ ~"` .... ~ ~e~a~'x~s~. ` .awr .sr ~1l~IYI. ~R ~.~~ II~YYIY.i WM.R _ i ~~~t S llilri ~@ OVIM~ISl Cidllil~ n r ~ ~~ -,- ~ • rrrr~ws~rr.raa • r ~1"~7iC°" ~~smww, a ~.~~~ ~ r.~rv .~~ r~r ~irrarr.s.s w.sarwra C1.01 2' Exhibit B -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE NEARING DATE OF JUNE 19, 2008 3. Conceptual (Dated: 4/18/08, Revised: 4/24/08) ~. ... ,. z. a„ 2i •' "t s .._ „- 28 ~ `~ a» ., ,e- -.~..__ _ ~~ O b_ _ a. ~ ;O `~~ ,~.v ti!~ ~,Pa~~.~~ -:.x vaniq LYp - uww --- - - ~'a: "' ~. ~~ y$ ! »>>>t • . s. ~ v, `1 ~ } .....--~c« ~ pn ~,,, .~. ,,:., C'1L~ r------y ~ L-_-__J ~ i SMq~d w s prim of Ue wur~i I l~ d xn Sc~s t0. taws ] wm. ~ ~ PmR I [M, PH. lq r'ouMP ~Mo ~ ~ .Mi~fl ra. r ~ na'Kla we Hoer u~ cuwOi~r` t' yrgKa~ ~ y ~ naw~zw~ Wtu RO b wn un ter. ma [~a~e~6F~0~e ~A ~ ~ V R .a.ee ~ wr~..mrn a~.sv~ ~Ae'°. emu".. ~: ~ ! ...s `a~f u®~ uueua m .n.i.nu . u...... ... TM Sl~°°°' ....~.. Wraop~wirt Ca4ps ~ .. ~: m ~~ a.e n . n< w. n~i ~.~~ u~.. wm u.~+w C1.~ Exhibit B -Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 4. Landscape Plan (Dated: 4/18/08, Revised: 4/24/08) q + r `°"" µ,-~ ~ ,. ~ p ..., , 1~~~CIRSIOU$~Tfi£E*PLANTING ~ ~ ~~\, ~~ r -T' ,,,.., ~ - '''t I ~ ,L_ (3)~HEII@.f'LANIlt+1Sa ...,ti.. _., ' ~ _~ ,_, ,.~ ~~ ~ ~ 5 ~ • = PLANTER BED E (41_. __ _ ~. Dom- ~.~ . Av~t,+m.~--u ~~- - _.__.~- ,~~ ~~~ ~. ~ "~~.~rtWrZ .. ~ r . .~.,.w.a.ww..w«w<xiwm.«..a~..au.«~ ~-"~ CONI~EfiO~S~TREE _PLMf76N~Cyr,,~x ~~~ (S~LAND~S~APE W~ ,,, . 20124 . -.r - ,:~ .. _~r _.r 29T2$ 1 I_ ..~I ~ . ~ r * _ _ fir, t g a~ t c -- - I '~ i ' ~, ~~ . l ~. a ~ ~ ~ - '~ g `T S . ~.i~ u I I I ~ I ~ ~, ~~ ,. i •~ i ~1~; i I, - .~_ IIC'fORY ROAD _-- _ ~ ~I : ~ ~ ~ ~ ~ r ~ l w ~ ~ +s....__ i ~ ",,. Q (~ '~, l U0. `,~ .. ~ .+.... O lQay } Q. Q D 7~ g O W `~ > _ PROJECT CALC~ 9TiONS ~.w.... ., ......._ EXISTING TREE LEGEND r ~~ +~~ r 4AN~$~APE LEGEND ~~,_w Ia , r ~ ~ ~...~.... ~ ~,. a Landscape Plan ~~ G ~L1.0 ~ Exhibit B -Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 5. Fencing Plan L1iI~~ f`~-.w~~ ~ ~ ~~ ~~~"""..c`9~~jMIM~F~~ M~ ~ .,'tom ~( .. ~, ~ - _ , `' i _ :.~..:T1Z:.-. 1 L _ _ .~ . , r ~ ~ .,#; < ~ 4 <. < 'rq -~., ~ ~'~ ~ # ~ ~;. '~ br ytrtitrtfC wtt! -~ ~..~.. ..,.,., fo~MC.wr 4 t6tM.MIWMtY NM14N9 w[MrYll +Y9~i1 . NAYM • ~Wi1~lMi~pMNYi~U11~~Y~U N~ ~~. s~l~d ~~~ Exhibit B -Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 19, 2008 6. Building Elevations !; Md A-Wt ^Nvaf{on ~~ ~~;~ are w r ,..~ r gy~g~~r ~i~t ~77 ~ i F ~~ Exhibit B -Page 6 hd A-W~st N~vvNion CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 0 &~~~ ~4~~ ~~4t -~' Y ~ r ~ ~~` a~ ~~# 6 = ~ E -s ~ Wes Exhibit B -Page 7 Pad B-West Efevatbn ~ ~.rr Pad B-Eeuq~ENVatbn Pad B-East Elevation CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 O Q Q O O O 0 0 0 0 0 1:J ~,~~ i[~~ ~. ~ ~. a. ~ ~ .. ~/!s~ f jL ~~ ~~ ~~e yS Sl~ 1= P! J E y W= Exhibit B -Page g Pad C•North Elevatbn .~ • {} Pad Wouth Elevation .e.w T• a CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 7. Letter from Ada County Development Services Pertaining to Property Boundary Adjustment ADA CQUNTY ... ,~ ,., ~~, ,,~,. T~E~'VEL4FMENT SERVICES ~ : ~~_~~ PHO. F .,C . . _ ?9fKt FAX iZ~B; 28 s -? ZQO W. FRONT, BOISE. FDAHO f9S742-?3A0 ^w."' Bt3ILDi*:G Er7GIlV'EERSNG PLA2v'I+F'IIr'G ZONING , May 6, 2008 UMG Real Estate Partners/ R Greg Goins 350 N. 9~+ Suite 201 Boise 1D, 83702 RE: PRQIF.C'F NUMIRER 2g9AA@S6-PB6A. Appiicuioe for a Property Bourxtary Adjustment iavalving Tax; Parcel Numbers SI 128223075 a~ 83193230010 }orated at 32 ] 0 S Eagle Road, Meridian, ID; Township 3 North, Range I East, Seetian 28. Dear Applicant: On April 7, 2tX16 Ada County Development Serves received your application for a property boundary adjustment Based «~ staff s review of the Ada County Code, this application has been given tentative approval, subject b the Conditmns of Approval listed in Exhilrit "A". Please note, this approval dull be+corrre null and void. if the Conditions of Approval have not been inet an,d if you haves cwt obtairwed a valid 2' mi C:~rtficate within ores (1) year of the date of this approval letter. This determination was made based upon current informatmn contained in the public record and interpretatbn of the Ada County 2aning C?rdinance. You may appeal this deeision to the Board of Ada County Commissioners. To do so, you must file the appeal within fifteen days of the date of this letter. The fee for filing an appeal is $350. Pursuant to Idaho Cade § 69-6535, this letter is to fewer inform ytaat that to tree extent a final decision has been made on asite-specil~c land use requtest, an applicant has the right to request a rtiegulatory takings analysis under Idaho Code § t+7-6003. If you have any questions, l can be reached. at (206) 287-7901. Sincereljy~, Sid Andersme, Plarveer TI Ada County Devebpmeeret Services cc Mark Perfect, Planner t1I Supervisor; Ada County Devebpment Services Sonya Wafters, Associate City Planner; Meridian City 1'raje~t M2t1t78gU056-PISA t)MC3I ttoins Page i of 5 Exhibit B -Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 STAFF ANALYSES This application is for a Property Boundary Adjustment inmlving Tax Farrel Numbers S t 1282234?5 located at 3210 S Eagle Road and 83193254010 located at 3300 E Fate Drive. On AprO 4, 2008 Ada County Developrxcent Services received. your application for a property boundary adjustment On April 7, 2008 your acceptance letter was sent to you indicating that your application woo}d be acted opal within 60 days. There is a single family residerxe located on each of the properties. Parcel number 831193250014 contains 4.8 acres. it is zflrxad RUT, it is lot 3 of Cobden Eagle E#at+ea and. waa platted in 1974, This property is a 4.8 acre Regal noncalfarming lot arul wBl become a conforming parcel containing 5A acres. Parcel. number 5112822,3tT15 contains 3.9 acres it is zoned RUT and was created on 8/1.8/2006 by instrument number 106134446. This parcel was split form parcel 511~3:i23Q74 when a portion of the property was deeded to Ada County Highway Distric#. Farrel. number 51128223070 was created in 1954 and was 5 acres per deed. recorded in book 342 and page 250. Since this property was conforming prior to it being reduced by governmental action it is deemed a conforming property for development purposes. This property contains 3.9 acres and will be 3.6 acres ttus property will be annexed into the city of Meridian. AtPLICABLE LAW This section details Ada County zoning ord~anoe regulaticros and other applicable standards regarding devebpment of the subject property. 8-4A-19: PROPERTY REDUCED BY GOVEKNMENTAL ACTION: [f a govem~ntai action (such as acquisition through prescription, purchase, or other uteans try the Ada County highway district, Idaho transportation department, utility company or corporation under the jurisdietion of the Idaho publ~ utitit~s comnussicu},. Qr other fora}, state, car federal agency) reduces ~ existing property below the required property size, such property shall be deemed as a conforming property for the purposes of development. See alga section 8-1B-3 of this title. (Ord. 389, 6-142000; aaui. Ord. 591, 7-27- 2005) 2. Secticm 8-4C-4: FROFER'TY BCNJNDARY ADJUSTMENT STANDARDS: I'ioyoct M2 PBA DI+~ / (iasns Paoc 2 dS Exhibit B -Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 C. ~- property boundary adjustment shall not increase t3~e original number of properties. D. A property boundary adjustment shall not change or move any public streets, private roads, easennents, or publicly dedicated areas in any manner. E. 'The property boundary adjustment shall not constitute a relocation of a property. F. For platted lots, the property boundary adjustment shall be in substantial conformance to the recorded plat. Section $-1A-1 Definitions SLfHi6'I`ANTIALCONFORMANCE: Afinal plat shall be ~ to be in substantial conformance to a prelirnir-ary plat provided that the final plat represents no increase in the number of lots as approved for the preliminary plat and a #en percent (10%) or Tess deviation of any dimensional standard shown on the preliminary plat, provided that the density and lot dirramsions meet the standards of the zoning base district. Unless required by a public highway agency, public utility, or federal or state agency, deviations greater than ~ percent (1©%} or more of any dimensional standard shown on the preliminary plat shall not be deemed in substantial conformance. Final plain in rural districts and the RUT and RStN districts Mall be allowed a twenty five percent (25%) deviation of dimensional standards 3. Section 8.4C-5: PRQPERTY HQUNDARY ADJUSTMENT REQUIRED FINDING: In order to approve the applicattan, the decision-making body shall find ihat the proposed property boundary adjustment complies with the standards in Section S-4C-4 of this Title. FINDINGS OF FACT If any of these Findings of Fart are deemed Conclusions of Law, they are incorporated into the Conclusions of Law section. The Dir+erctor finds that t Number 20(~O(X~6-PIiA complies with Section 8-4A-19 of the Ada County Code follows. Parcel clamber S`1128223070 was a legal canformir~g 5 acre property in the RUT zone ax~l was ther- reduced in size by an acquisition through purchase by Ada County highway district reducing the existing property below the required property size.. This created parcel number S11~6223075 this property is deemed a conforming property for the purposes of development The Director finds that Project Number 2Q08tXX)56-PBA complies with Section 8-4C-5, A- E of the Ada County Code as follows: A. As conditioned the property boundary adjustrnen# will not reduce the property size of the parcels below the minimum dimensional standards set forth in their respective districts. Projcack t~o€k~tlooSG-PBA bIvKI t Ciai~ Page 3 of 5 Exhibit B -Page 1 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 B. As evidenced in the record, Parcel A is a aanforming property based on the dimensional standards set Earth in the RL!T I~strict for the prr+p~erty before it was teduced by governmental action. As evidenced In the record Parcel B is a c~anconformfng property based on the ditnenaion~l standards set forth in the RUT 1?istric~t. Parcel B will be r~reased nn size sand wilt become a conforming property Thus the property boundary adjustment will not increase the nonconformity of a noncanfomvng property. C. As tvidenced by the submitted site plan drawing, the property boundary adjustment does nat charaage or move any public streets, private roads, or publicly arenas in any maimtr. D. As eyed by die submitted site plan drawing, the property boundary adjustmentwBt nat constitute the relocation of property, g. As evidenced by the submitted site plan drawing, the property boundary adjus#~rrt wdl not constitute a relocation of the Fj'operty. F. As evidenced by the record the submitted site plane complies with Section & 4C-5, F of tfie Ada County Code as follows: As evidenced in the record Lots lat 3 of Golden Eagle Estates coantains 4.8 acres- Per the code, the maximum allowed dimensional deviation is 25X in the RUT zoa«e or 1.2 acres an this ProP~Y- ~ ProP~ ~ property boundary adjustment wt~uld change the dimensiceial deviation by .2 acres. Prof ~ P~P~'tY ~~~'y adjushrsent >~ ~ substantial oonformanre with the recorded plat. CQNCLUSIONS OF LAW tf any of these Conclusions of Law are deemed. Findings of Fact, they are irtcarporabed into the Findings of Fact section. 1. The t?irector concludes Project Numt~*r 2E0600(PBA complies wink Section 8- 40-5 of Ada County Cock. •~>ta~ Based upon the Findings of Fact and Conclusions of Law contained in this Staff Repar~ the Direcbaar ter-tatively approves Project Number 20080005b-FBA,, subrect to the Conditions of Approval attached as Exhibit A. Projoet ~' S6-P'BA DMQ } (3ou~a Pye 4 dS Exhibit B -Page 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 19, 2008 EXIIIBTT A CONDITIONS OF APPROVAL PROJECT NUMBER 2~DOBt10066-PEA DhiG Real F.atate Parteera/ R Goins REQUIRED ACTIt)NS. THE FOLLOWING LIST DETAILS THE TASKS THAT MUST BE COMPLETED BEFORE THE APPROVAL OF Mt4jECT NUMBER ?AUI3-PEA ~dII.L BE CQN'SIDERED FINAL THE APPLICANT AND/OR OWNERS 813ALL HAVE LTNi71.ONE YEAR FROM TflE WRITTITT DECISION TO COMPLL7T'E THE REQUIREb ACTIONS AND TO OBTAIN jAfRI1"I'EN APFIIt©VAL FROM THE DIbLECI'OR. THIS APP>Ilt?VAL SHALL BECOME YOID IF WRITTEN QVAL HAS NOT SEEN ISSUED BY THAT DATE '1. The applicantand/or owners shall cause the property to be surveyed and a record of survey recorded. 2. The applicant and/or owners shall execute attd record ttte necessary deeds bo accomplish the property boundary adjustment. 3, The applicant and/or awtu~ts shall obtain n~v parcel numbers from the Ada County Assessor. 4. The applicantand jor owners shall cause parcel "A" to be annexed intro the city of Meridian. The applicant shall complete condition number 6 after Meridian City Council has voted to approve the annexation for parcel "A", ~t prior to the ordinance being adopted and published. 5. Tate applicant and/or owners shall. provide the. following dacum~entation to the Director. a} O~ copy of the recorded record. of survey. b} One copy of dtie recorded deeds}. c} Proof of assignment of tax parcel numbers. d} Documentation that parcel "A" has been. approved far annexation by Meridian City Council 6. Upon cornpletit~ the. ~ the applicant shall request a letter from the Direrctor statir~ thatthe Prtiperty Boundary Adjustm~ectt has received final approval. 7. If the property is not anrrex~ed into the City of Meridian within one year of the date of this 1 ~e number ZOOO~Q5w<r-PEA will becomenull artd vow. :v2oosooast~xaa rx~~~ I~sors Exhibit B -Page 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 B. Conditions of Approval 1. Planning Department 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (stamped on March 17, 2008 by Aaron L. Ballard, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. Said DA shall be completed within 1 year of City Council action. (The Planning Department required DA provisions are in Section 10 of the Staff Report.) 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 All comments and conditions of the accompanying Annexation and Zoning (AZ-08-007), associated Development Agreement, and Conditional Use Permit (CUP-08-O11) shall also be considered conditions of the Preliminary Plat (PP-08-006). 1.2.2 Prior to issuance of any CZC and/or building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 1.2.3 The landscape plan included in Exhibit A, prepared by The Land Group on 4/18/08 (revised 4/24/08), is approved with the following modifications/notes: • The applicant shall construct a minimum 25-foot wide street buffer along the entire frontage of S. Eagle Road and E. Victory Road (both arterial streets), exclusive of ACHD right-of--way required for the ultimate street section. Said buffer shall be designed and constructed in accordance with UDC 11-3B-7. Per UDC 11-3B-7.2b, street buffers shall be on a common lot or on a permanent dedicated buffer; maintained by the property owner or business owners' association. • The applicant shall construct a buffer adjacent to the existing residential uses to the east and south in accordance with the landscape plan attached in Exhibit A and the DA provisions and conditions of approval noted in this report. A reduction in the required 25- footwide buffer was approved in certain areas depicted on the landscape plan through Alternative Compliance with this application. • Depict a minimum 6-foot tall verti-crete wall along the south property boundary in the areas shown on the fencing plan attached in Exhibit A.S. In all other areas adjacent to residential uses, depict minimum 6-foot tall solid vinyl fencing. • The applicant shall construct a 7-foot wide detached sidewalk along both Eagle Road and Victory Road beyond the ultimate right-of--way of the reconstructed and widened Eaglc/Victory intersection. • The Applicant shall contact Elroy Huff, Parks Department, for confirmation of the caliper inches of trees to be mitigated, and approval of the tree mitigation plan. Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on implementing the protection and mitigation plan for the existing trees on site. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Exhibit B -Page 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 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. The proceeding modifications and notes shall be shown on a revised landscape plan submitted with the final plat application(s). 1.2.4 All commercial street buffers shall be on a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners' association, per UDC 11-3B-7C2. 1.2.5 Perimeter fencing shall be installed prior to issuance of any building permits on the site to contain debris during construction. Temporary construction fencing shall be installed where permanent fencing is not proposed. All fencing shall be installed in accordance with the standards listed in UDC 11-3A-7. 1.2.6 All existing buildings on the site shall be removed, prior to signature of the final plat by the City Engineer. 1.2.7 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that comply with the conditions of approval listed herein, prior to issuance of building permits. 1.2.8 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.3.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 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 11-3B-11. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, 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. 1.3.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.3.5 Underground, pressurized irrigation must be provided to all lots within this development. 1.3.6 Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of any natural waterways (Ten Mile Creek) that intersect, cross or lie within the area being subdivided shall be covered. This requirement doe not apply to the Ten Mile Creek which is classified as a natural waterway and must be protected as stated in UDC 11-6A-1 H. This requirement shall not apply to the Beasley Lateral if the applicant improves it as a linear open space water amenity. 1.3.7 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. Exhibit B -Page 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 1.4 SITE SPECIFIC REQUIItEMENTS -CONDITIONAL USE PERMIT 1.4.1 All comments and conditions of the accompanying Annexation and Zoning (AZ-08-007) application and associated Development Agreement and Preliminary Plat (PP-08-006) shall also be considered conditions of the Conditional Use Permit (CUP-08-011). 1.4.2 The Applicant shall comply with the Specific Use Standards for drive-through establishments listed in UDC 11-4-3-11 as follows: a. All establishments providing drive-through service shall identify the stacking lane, speaker location, and window (pneumatic tube) location on the plans submitted with the Certificate of Zoning Compliance (CZC) application; b. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of- way by patrons; c. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking; d. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence; e. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane; and, £ A letter from the Transportation Authority indicating the site plan is in compliance with the authority's standards and policies shall be required. 1.4.3 The hours of operation for the pharmacy drive-through shall be limited to 6 am to 10 pxn/7 days a week. 1.4.4 The applicant shall submit a Certificate of Zoning Compliance application for the proposed pharmacy drive-through with revised plans that comply with the conditions of approval listed herein, prior to commencement of the use. 1.4.5 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above (UDC 11-SB-6F). If the drive-through use has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. Public Works Department 2.1 Water service to this site is being proposed via extension of the 12 inch main located in E Victory Road. The applicant shall be responsible to install at the developer's expense two water connections one in E Victory Road and one in S Eagle Road due to fire flow requirements. The applicant will also be required to stub a future connection to 3300 E Falcon Drive. The applicant will be responsible to install water mains to and through this development, coordinate main size and routing with the Public Works department. 2.2 Sanitary sewer service to this development is being proposed via extension of mains in E Victory Road with service provided to 3250 E Victory Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public Exhibit B -Page 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 right of way (include all water services and hydrants). 2.4 The applicant has indicated the required pressurized irrigation system in this development will be owned and operated by an irrigation district, therefore a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface 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. 2.6 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.7 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of--way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.8 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.10 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District ,prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with and NPDES Permitting that maybe required by the Environmental Protection Agency. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting Exhibit B -Page 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 that maybe required by the Army Corps of Engineers. 2.16 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. 2.17 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. 2.18 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 building pads are at least 1-foot above. 2.19 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. 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'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. The required turning radius shall be maintained adjacent to the landscape islands off Taconic. 3.5 For all Fire Lanes provide signage "No Parking Fire Lane". 3.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.7 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.8 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. Exhibit B -Page 18 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 3.9 Building setbacks shall be per the International Building Code for one and two story construction. 3.10 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D 3.11 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. 3.12 Maintain a separation of 5' from the building to the dumpster enclosure. 3.13 Provide a Knox box entry system for the complex prior to occupancy. 3.14 The first digit of the Office Suite shall correspond to the floor level. 3.15 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.16 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. 3.17 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.18 There shall be a fire hydrant within 100' of all fire department connections 3.19 Buildings over 30' in height are required to have access roads in accordance with The International Fire Code Appendix D Section D105. 3.20 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 3.21 COMMERCIAL AND INDUSTRIAL -Buildings or facilities exceeding 30 feet (9144mm) 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. 3.22 The Fire Department strongly recommends that the access points depicted on the plans closest to the Victory/Eagle intersection not be approved. If these access points are approved, the Fire Department recommends that these accesses be restricted to right-in/right-out only as proposed. 4. Police Department 4.1 The Police Department strongly recommends that the access points depicted on the plans closest to the Victory/Eagle intersection not be approved. If these access points are approved, the Police Department recommends that these accesses be restricted to right-in/right-out only as proposed. 5. Parks Department 5.1 The Parks Department has no concerns with the site design as submitted with the application. 6. Sanitary Service Company 6.1 No comments were submitted by SSC for this project. 7. Ada County Highway District As of the print date of this report, comments have not been received from ACHD. Exhibit B -Page 19 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 C. Annexation Legal Description & Exhibit Map fir./ THII lAND G~aflP, fNG 11llarch i4, 24U8 project No. 47157 Aunezution axal Rezone DMG Rest Estate ParMers 4.79 Acres 6atlfibtt "A" A tract of laded for anaenatian atyd rezone pnf~poses situated in a pafKion of the NorthwefR One Q+t' of the Northwest One Qustter of Section 2$, Township 3 North, Range 1 East.l3oise Meridian, Ada County, Idaho, described as follows: BEt31h1NING at a found brass cgp mosfumenting the Northwest Coftfrx of said Soctfon 28 an the intersoctian of the catterline of .East Victory Rosh and the cetnerlitte of South Eagle Road; Thence following the northerly liffe of the Northwest One Quarter of said Section 2$ and the centerline of said Fast Vicufry itoad, South 89°35"S 1" a distance of 530.40 feet to a point, whdf bears North 89°35'5 i" West a distance of 2,127.05 feat from a found brass cap marfurffenting the Notch One Qwarter Corner of said Section 28; Tlfcatce leaving said northerly line and said certterlincy South 00°31'02" West a distance of 2tXJ.~ feet to a fouod l /2-inch steel pin; 1'heace Satftlf 18°19'52" West a distatrco of 138.72 feat to a sot S!8-loch steel pin; 'ThectceNarth 89°35'Sl" West a distance af245.57 Ebel to a set 5/8-inch steel pin; Tlfeffce South t16°2G'46" west a distance of 103.83 felt to a sat 5J8-inch steel pia; Thence Nofllt 89°31' 13' West a distance of 90.01 foot to a set 518-inch steel pin; 'Thence South 00°3 i'OZ" West a dist~ce of ?3.75 fret to a set S/8-inch steel pin; Thf'XtCe Borth $9°31' 13" West. a distance of 92.85 feet to a sat Sf8-in+ch stool pin on the easterly ri~tt-of-way line of said Soa~ttt 8aglt Ro~i; Thence following said easterlyright-af--way, Southt 40°28' l i" West a distance of 34.86 feet to a set 5J8-inch sloe! pin; Thence following easterly right-of way, North 30°!x3'46" West a distance of 29.53 feet to a sot 518-inch steal pin; 'Thcftvw leaving said early right-of--way line, North 89°3 i'48" blast a distance of 33.40 feet to a point on the westerly line of said Section 28 and the c~nterlirfe of said South Eagle Road; 'Thence fallawn;g said westerly line and said centerliute, North 00°28'i 1" East a distance of S i 8.12 feet to the POTNT OF APCrtNI~tII+IGr. 1 482 ~ R6arc t7mnr, Ste, t00, P.rgle, Ida6° 63fit4 • P SOd.934.AW t P 7f)a.914.4445 • Ci\2~Q7\ffitblLeg~lclt,_07167 Uae3f1_f~axaf#e~A°nea•hpnatpc Exhibit C -Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 3°H8 LAND g8ntrp, iNC. ~. The shave-descn"bed tract of laud cont~in~ 4.?9 acre, mare ar Icss, subject to all existing easern~te at~i rights-af--way. This description i$ intended for annexation purposes only and shall not ba used far the purpose of canveyauce. Prepeaed By: "t'ELI LANA C.ItpUP, INC, 462. L. SHC}RE DR1VE, SUi'I'E 140 I:AGLT, IDAHO 836L6 2I18A39-4441 248-939-04t5 (FAX} f I.sadra¢u~ ~SiAeP6rr'aiig *f.~wil~ *G~'Ce~wtis lrr~AY.w tYEg •G G`s~ew~r+ra+llw 4fii F_ ShGUa Ceivt, Ste. 10p, 8og~e, tdolw 836IB ~ P ~18.9y9.~1191 P 20&939.4445 • ~aaoar~lcfix~^+u+a~1t~1L_cntb? os~t~~r~~~m+rx,~don.aa Exhibit C -Page 2 ~•~`d~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 Situatect in a portion of the Ncxthwest 1.14 of the Northwest 1/4 of Section 28, Township 3 North, Range 1 East, B.M., Ada County, ida~ha ,"'. ~ L~. VIGTI~RY ROAD ~; .- ,~ w :.. .- .~ +sp o pcn d ~• <C w us . STEEI. PIN N 1/1b CORNER 50'31'02"W 73.75' Legend ~-'l~'~ ~' f0U1~ BRASS CAP FOUF~ 5/B" SiFEI. PAq O 5ET 5/$" SIYEI PR! FOUND t/Y STEEi. Pgi cAtcu~.A~m FR11NT BOtINDNtY t1NE - - -- -- s~cnart ~tE t er~rri~~~ra~+EwCUt { PrK3,~CT lMFORMAT~F 1 9C:ALE: i ° . 1AtY 1 T ww++e~t~nee~r EXHIBi~{' "B" aa:l4,oe *~ Pa~r+raa! S? f 282'13075 PROJECT r+o. o~,ar ~,.,~ ~ ,, Annexation and Rezone 1 (~ F 1 FOt1N0 MASS CAP NW CORNER SECTION 28 C,R.drF`.Na. 940QZ9d8 ~pYfl1~ ~ ~a~s1~ 51128223@75 CUREiiBNT TAX DL4'~RICT. RU'f PROP(I~ED TAX DISTRIC"F: C-C 4.79 AC. FOUND BRASS CAP N t/4 CORf~R SEC1iON 28 PER CPdeF No. 970D3907 21 Z8 g 589'35'51 "E ~ 2127.05' C~OLDBN LiAGLS BS7'A7E5 N69'31'13°W 90,.01' ~, , r~r.~~rr~Qt:~ N30'03'46"W ~ " ESTA7~S 29.53' ~ ~5 _so`28'1 ~ "w 34.86' lV89'31'48"W 2A 28 33.00' FOUND 5/8' Exhibit C -Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 19, 2008 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all the subject property C-C; the Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Community. Staff finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that future development of this property will comply with the purpose statement of the commercial districts and the established regulations of the C-C zoning district, except for a reduction in buffer width adjacent to the residential use along the southern property boundary. The applicant is requesting a reduced buffer width in certain areas through Alternative Compliance with this application. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (UDC 11-SB-3.E). Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, staff finds that Annexation and Zoning of this property to C-C would be in the best interest of the City if a Development Agreement is required with the provisions noted in the staff report. Exhibit D -Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 2. 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: A. The plat is in conformance with the Comprehensive Plan; Staff finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) C. 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 cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this fmding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) E. 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 considers 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. F. The development preserves significant natural, scenic or historic features. Staff 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 D -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 3. Conditional Use Permit Findings: The decision making body shall base its determination on the Conditional Use Permit request upon the following: A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the existing site is large enough to accommodate the proposed use and comply with the dimensional and development regulations of the C-C zoning district, except for the required buffer width to residential uses. The applicant is requesting approval of Alternative Compliance for a reduced buffer width in certain areas along the south property boundary. Staff finds that if the applicant complies with the conditions of approval in Exhibit B and the DA provisions listed in Section 10, development of this site should meet the intent of the UDC. Staff recommends the Commission and Council rely on Staff s analysis and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the Comprehensive Plan Future Land Use Map designation for this property is Mixed Use -Community. The property is proposed to be zoned C-C, which complies with this designation. The proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10 above for more information regarding the requirements for this use). C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds that, if the Applicant complies with the conditions and DA provisions outlined in this report, the operation of the proposed drive-through use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. Further, Staff believes that the proposed use will not adversely change the essential character of the area. The Commission and Council should rely upon any public testimony provided to determine if the development will be compatible with other uses in the vicinity. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission and Council should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Exhibit D -Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2008 Staff finds that the site will be adequately served by the previously mentioned public facilities and services. F. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the Applicant will be financing any improvements required for development. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. G. That the proposed use will not involve activities or 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. Staff recognizes that traffic and noise is a concern; however, Staff does not believe that the amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the public as there are no nearby residents. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. H. That the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature considered to be of major importance. Staff finds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Commission and Council's attention. Staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. 4. Alternative Compliance Findings (UDC 11-SB-SE): A. Strict adherence or application of the requirements is not feasible; OR Staff finds that the subject property has space limitations due to its size and irregular shape, which makes strict adherence to the buffer requirements not feasible. Staff finds that the proposed alternative means of request for Alternative Compliance provided that a minimum 6-foot tall verti-crete wall is constructed adjacent to all areas with a decreased buffer width and minimum 6-foot tall solid vinyl fencing is constructed in all other areas along with added landscaping along the entire boundary adjacent to residential uses. This does, in fact, preclude full compliance with the City's landscaping standards. B. The alternative compliance provides an equal or superior means for meeting the requirements; and Staff fmds the alternative compliance proposal to construct a verti-crete wall in areas where the buffer is below the required 25-feet and 6-foot tall vinyl fencing in all other areas, and added landscaping along the entire perimeter adjacent to residential uses does provide an alternative means for meeting the City's landscape buffer requirements. Therefore, Staff supports the proposed concept landscape plan, as depicted in Exhibit A. C. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. Staff finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties. Exhibit D -Page 4