HomeMy WebLinkAboutMemo from PlanningRequested Changes to the Agenda:
None
Items 11 and 12 Project: Overland Village
~,~,..r ,,. ~~
Location: the northeast corner of E. Overland Road and S. Eagle Road ~ ~ ~, 200
~iiy~~'~~~_~
Applications: annexation and zoning and vacation ~'~' ~? ~
Highlights of Proposed Development: annexation and zoning of 9.06 acres to C-G zoning.
Approval of the commercial zoning would allow the property to develop with retail, office and
restaurant uses in the future. The Applicant has not submitted a subdivision application at this
time but intends do so at a later date. However, the Applicant has submitted a concept plan for
how the subject property may develop, and elevations for what the future buildings will look
like. Staff has reviewed both the concept plan and the elevations and recommends a DA.
The Commission heard the AZ request on February 21, March 20, May 1 & 15, and June 5,
2008. At the public hearing on June Sd', they moved to recommend approval of the AZ request.
Items of discussion by the Commission were as follows:
1) The necessity of a bridge across the Eight Mile Creek to provide connectivity to/from the
parcel to the east;
2) The disproportionate share of the cost of a bridge for the subject property in comparison
to larger adjacent properties; and
3) The possibility of putting a sunset clause on the road trust for the cost of constructing a
bridge across the Eight Mile Creek in the event the property to the east doesn't develop
within a certain time period.
The Commission recommended that Development Agreement provision #c be modified to allow
buildings up to 4 stories in height (instead of 3), up to 65 feet with the caveat that Council may
want to see revised building elevations (only 1-story elevations were shown on the elevations
submitted).
Council Issues & Decision:
This project was heard by the City Council on September 2nd. At that meeting, the Council voted
to deny the AZ request based on insufficient emergency access to the site, the necessity of a
bridge connection across the 8 Mile Creek, potential flood hazard from the 8 Mile Creek, and
timing of development of this site in relation to adjacent sites. Until remedies to these issues can
be addressed, the Council did not believe it was prudent to annex the site. The VAC request was
subsequently denied because the City doesn't have jurisdiction if the AZ is denied.
Reconsideration:
The applicant submitted a request for reconsideration, which was approved by Council on
September 23~d, based on the applicant's proposal to provide an alternative means of emergency
access to the site and willingness to contribute a proportionate share toward a connection to
Silverstone Way.
Since the last meeting, the applicant has submitted a revised site plan, which shows a
reconfiguration of the center building footprint (the rest of the site has not changed), and a
conceptual development plan for the surrounding area demonstrating how access could
eventually be provided to the subject property via Silverstone Way. Revised building elevations
were not submitted to coincide with the revised building footprint shown on the site plan.
12/2/2008
ACHD submitted a letter to Joe Silva, Deputy Fire Chief, dated November 11~', regarding the
restricted Rackham Way access onto Overland Road. ACHD condition of approval #4 requires
the applicant to, "Pay a road trust deposit sufficient to cover the cost of installing a 6-inch raised
median to restrict the realigned Rackham Way to right-in/right-out in the future. Rackham Way
will be restricted to right-in/right-out either on a determination by ACHD staff of a substantial
safety issue, or on the provision of a connection from Rackham Way to a signalized intersection
to the east, whichever occurs first." The letter also states that, "In order to ensure adequate
emergency response to this area, ACHD staff will coordinate with the Meridian Fire Department
to ensure that any access restriction devices to be installed at the Overland/Rackham intersection
will allow for emergency vehicles to turn left onto Rackham from Overland until a public
connection across the Eight Mile Creek is achieved."
If the Council votes to approve the project then a DA should be required to include, at minimum,
the following: Sta f s recommended changes in red bold/underline/strikeout
a. All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
b. The site and buildings on the site shall comply with all of the design review standards
listed in the UDC. A Design Review application shall be submitted with the CUP or CZC
application (whichever occurs first) for all future buildings on this site.
c. The detailed site plan and building elevations submitted with any 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.
Construct a minimum of 2 and a maximum of 4 buildings on this site. No footprint for a
single building shall exceed 20,000 square feet. Further, no building shall exceed ~ 4
stories in height, with a maximum height of 65 feet.
d. The applicant shall be responsible for all costs associated with sewer and water service
installation.
e. Any drive-thru establishment proposed on the site shall be subject to Conditional Use
Permit approval.
f. Direct access to/from this site from Eagle Road shall be prohibited. Access to the site
shall be provided from one €~1 right-in/right-out/left-in access point to/from Overland
Road via realigned S. Rackham Way subject to ACHD and Meridian Fire
Department approvalL and one right-in only access point to the site from Overland
Road, as depicted on the conceptual site plan. The three- way Rackham Way access
may be limited to right-in/right-out only in the future.
g. Prior to the first occupancy permit being granted, a minimum 35-foot wide landscape
buffer will be required and shall be constructed along the entire frontage of E. Overland
Road and S. Eagle Road, in accordance with UDC 11-3B-7.
h. A minimum 10-foot wide landscape buffer will be required and shall be constructed
along the entire frontage of S. Rackham Way in accordance with UDC 11-3B-7.
i. Prior to the first occupancy permit being granted, a 10-foot wide multi-use pathway will
be required on this property in accordance with the Master Pathways Plan. Said pathway
should connect to the Eagle/Overland intersection and the relocated Rackham/Overland
intersection, and continue to the east. Exact location of the pathway shall be coordinated
12/2/2008
with the Parks Department. Provide written documentation from the Parks Department
with the first CZC application, approving the pathway design and location.
j. If not existing, sidewalks shall be constructed along S. Eagle Road, E. Overland Road
and S. Rackham Way.
k. The applicant shall provide for vehicular access from
Rackham Way to the west easement boundary of the Eight Mile Creek to allow for
future connectivity to the east and access to the signalized Overland-5ilverstone
intersection. The applicant shall submit an irrevocable letter of
credit for half the cost of construction of a bridge over the Eight Mile Creek to
provide interconnectivity between the subject site and the property to the east (parcel
#S1116336520), prior to the first occupancy being granted on this site.
1. Any work or improvement within the floodway or floodplain on this property shall file
a floodplain development application with the City of Meridian Public Works
Department prior to commencement of the work.
m. The Five Mile Creek, which runs along the north boundary, and the Eight Mile Creek,
which runs along the east and north boundaries of this property shall be protected
through the development process, in accordance with the Comprehensive Plan.
Improvements along the creeks are encouraged as development amenities.
n. The applicant shall work with ACHD to vacate the existing Rackham Way right-of--way
and relocate any utilities accordingly.
o. The applicant shall complete all required improvements prior to obtaining a Certificate
of Occupancy for any new use or change in use of the site.
p. No signs are approved with the subject annexation approval. All business signs will
require a separate sign permit in compliance with UDC 11-3D.
q. All future construction/uses on this site should comply with the provisions of City Code
in effect at the time of submittal.
Requested Vacation: Approval of the VAC application would allow the applicant to do a land
swap with ACHD and to reconstruct Rackham Way to Overland Road further to the east.
Elevations: Yes (1-story)
12/2/2008
Project: Lanark Property (RZ)
Location: 3131 & 3163 E. Lanark St.; SWC of Eagle & Lanark.
Applications: Rezone of 2.2 acres from I-L to C-G
Highlights of Proposed Development: The applicant is proposing to rezone the subject property
to a commercial district consistent with adjacent uses along Eagle Road.
Elevations: Yes (existing structure)
Summary of Commission Public Hearing:
i. In favor: Patrick McKeegan
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: The applicant submitted a written response to the staff report.
Key Issue(s) of Discussion by Commission:
i. The specific lighting standards required by the Eagle Road Corridor Study;
ii. Additional landscaping is required on the site to comply with current UDC standards;
iii. The applicant should not be required to install a 35' wide landscape buffer adjacent to
Eagle Road;
Key Commission Change(s) to Staff Recommendation:
i. Add a DA provision that the applicant is not required to construct a 35-foot wide
landscape buffer along Eagle Road; [see outstanding issues (ii.) below...]
Outstanding Issue(s) for City Council:
i. Clarification that a CZC is required for the existing business (Sleep with Grace),
and all future tenants, for a change in use from industrial to commercial.
Commission Recommendation: approval at their November 6, 2008 public hearing.
DA provisions:
• Drinking establishment uses shall be prohibited.
• Anew trash enclosure shall be constructed that complies with UDC standards. Chainlink
fencing, with or without slats does not qualify as a screening fnaterial, peY UDC 11-3B-
SM.
• Construct a min. 5' wide sidewalk adjacent to Lanark along the N. boundary of this site.
• Construct a 10-foot wide multi-use pathway on the west side of Eagle Road along the E.
boundary of the site within the ROW or a public use easement and install street lights
consistent with the Eagle Road Corridor Study.
• Comply with current UDC standards w/establishment of a new use on this site.
• Obtain Fire Department approval for a turn around on the site that meets code
requirements.
• A Design Review application is required w/any future CUP/CZC application for this site.
• A CZC application shall be submitted for a change in use of the site.
12/2/2008
S y
;~
~ e ;
~ z;~ ~ rv
i ~j ~
~'' f i 1
~, ~z
IJ ' .
~
~
l`
~ ,V
~`I _
`.
7 C
f i
pp
q C~ F ~ f ~.
'' ~ i
Y
e} y}
Y T1 F
T
~
~ ~ ) r t
r
1y ~.
!!
Y ~ Y 4 i,'
"
1 ~ .h
.: ~'1 F ~~
j ~ ~ ~ ~ 3
~ ~
i i „
~
E
i Q 1 }
'_
1i
; r
~.. i - ~
.
~"~ ~ ~ ('
~ ti
Notes:
Project: Instant Equity Auto
12/2/2008
}} s z ~~
i. _~ ~ ` ~ 1 ~~ ' 1 ~7 F { ''
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ j ~~f~ ~ ~ ~ ,~ ~ ~z 1
ii}} II !'` , ~ ~ e ,~4_
J ~ f~', ~ ~ ~ ~ t ~ '~ _ ~ ~ ~ ~ ~ ~ i is ! ~ ~ ,~ F ~ c~ ~. ~~ ~ ) t
r ;' r ~' 1 t ~ i t t y~ N- ,
6 t ~ , G, r z
f ~ i Y ~, ~ 2 t~ k J
~' ~ r ,~ f ! ' _ ~ a ; ` ' ~~
f f_ ~ s ~~, F a I r z ~c ~ -*~u i' -y f ~ I
3 t~
t
{ ~ { 1: ~ {
t~; F; '~' ~ti v. ~ 1 } ~ ~ I„~: t 1r ~.~ r, ~ t i ~~ f ::!,
Location: 1065 Fairview Avenue; south side of Fairview, west of Locust Grove
History: Applicant submitted a CZC for an vehicle sales lot. The Director denied the CZC due to
lack of city services and non compliance with UDC standards for landscaping.
The Council upheld the Director's denial of CZC-08-010 and ALT-08-004 at their October 7~'
meeting. The reason for the denial was Council and the applicant could not agree to the terms of
of a draft development agreement presented by the applicant.
On October 28, 2008 the Council granted the applicants request for reconsideration of the denial.
Issues with the Proposed Development: request to operate a car sales lot on the subject property
1) without connection to city sewer, 2) with reduced landscape buffers adjacent to Fairview
Avenue and a residential zoning district, 3) without cross access to adjoining properties, and 4)
without annexation of contiguous, unplatted parcel held in common ownership.
Elevations: Yes (photos of existing buildings)
Outstanding Issue(s) for City Council: At the previous hearing, Council left the public hearing
open and directed the staff and applicant to develop DA provisions to accomplish the following:
1) Allow the reduced street buffer of 17.5 feet as proposed by applicant. DONE.
2) Document developer commitment with regard to south property line (5-foot buffer and 8-foot
fence.) 5-FOOT BUFFER IS PROVDIED AND THE APPLICANT NOW PROPOSES 6-
FOOT FENCE.
3) Allow septic system as proposed by applicant with timeline for sewer connection to and
through the property at a specific date. DONE PROPOSED DATE OF HOOKUP BY
APPLICANT IS 24 MONTHS (COUNCIL HAD INDICATED A TIMEFRAME OF UP
TO 18 MONTHS.)
4) Applicant to provide cross access to east and west properties. APPLICANT AGREES TO
PROVIDE CROSS ACCESS AS INDICATED ON THE REVISED SITE PLAN.
Recommendation: Staff recommends that the Council direct the City Attorney to draft a
development agreement incorporating the 4 items identified above.
Additionally, the applicant has requested a waiver of fees the Development Agreement and staff
does not oppose the request.
Notes:
12/2/2008
~
~ :• ( ~g ~ : ~~ •" 4 3 7.1 i~ ` ~~~, 3YF ,3 : :p ° d `; ~ ~ ~. $ S - 1 ; ~, : ~ F
¢
3 ~ ~ is j ~ t ~
~ .5 n , €
S f ~~ ' r
I~,
E 5 ! .: ~ ' ` ~ ~ l
' (4
. 3: 'i 3 ~ i .
ai r s ~~" ~ ~ 'I ;;
.
~~~ ,+~~3<. ~['S' as"3 is
,;.
ir .
E'
~
'
.` .
;
~'
~~
!
S k
A^: ,
:
7
.I
I
_
f
~
3.
- .
~:.' s
f
"~
`
}
!
i?;. ~
iii
.
Z
!
.!'
:~w
#i; F: ,
~
t
~
r"
:';:
t iS
4
~
f
+~ .~
.
~
t
p
,
.
'•
<
s
~
'
ii
o,.
}i
.
1
z T.
H
~
'4::.~
.:9 "
fi
E
h:
•i~-
t
{
, i
~St
F
'
£~'
n
'
5
-
'.i
~
• ,
d; .
[
~~
"
'
r
*
3~
.J,S^•
;~j
• k
e3y4 ~n
f-•
1d
(
a
••.1
4~
3~
:t 'd t 5 e i' r~s : j .
i 5~ `f j s> ~ •x:.!
f ° j ~
k
, .t f ' ~ "! { {µx S ' t~.
%'
~' ~5
,
s .. y ¢ ` I
,
2 ar vl { F ~E ~„ .
x ;' F;, ~ ~
.
iC
~ 27
.
{ .
.3 =
i
4r
'~:
i
e.Y
"
~ ,`i -
s
•
g
j.
fi
:
'
~
i"s '
1'
~
~
-
1
~
7
:i
.
<
.
{
.s
n ~~,.
~
f
i
:
z
. ,
"
,
~p
s
4 r
.
-
.
•-E
.<
.
.:
i
F'
, .
'
;
q
' Z:.:.
~qtt
•
`
~
.
x
:
::'
F
I
~
~
:
~
g
'
j~" ..
-
~.
%S
~
~
.
.
•
~
.
o-
~:
.
:
-1
s
`
d g;.
I
F.
-
'
,
x
,
z
.
.
:a
•
1
'
i
.K
~
.
1:
;;.
..
,
~
~
.
.
;
.
.
.
K
t
~
),
.
3'3
;
qq F
:
.
%
.'s.'
j
}
:P
~
E
§
t
`..[.
-
i
'
,
.
~^
'
i'::
F ,
.':,
7-„
i -
~
i
a.
' ,.
.
'-
~}
s
~. _' ;
.
i.
_
{{
t•
S
'
.
.
.
'
~
..z.
.
:
.
a
~
':
:
:
~
... ; .
: . .
.
~:
'~f
~
f
a
.:.:
•
;
..
....
.:
.
~.
.
..
.
.,. ,
;
...
.e
.
,
.
.
.
:t
:;
:
:
~
-
y
T
'
'
,
.
i,
.f
.
t.
:F
:
'i:
.::.~
2
f'
,
j.j
-
i
i
f
i
•
<
f.
.
~..'
i
} .. £~
K
.
a -
:
'
-
F
' . . . ~
.4
.. ..
..a,.
. ;.,
.. ,:
:~..
1
: ,
~ ; ..
S
~ :
~ .
. .
.
.
..
.: ! ~
~
..
.t.
.. ...
i .
3.
..
;~. ,
f
a ..
. .
::, .. ,
y
i
$ ~
.
is
•a,
=
n
- .
{
S
p
l
£
..
5:
}
: . .
. i
.
3 ..,
~ . .
.
s
~~. ~
i
;
?
`
.
;:.
'
~
;
~
r
~
~
'
+.
~ :
t
. k,.
~
-
s
3
.,~
1
3.
,
7
jF
€.
i C ` ~~"
r
1
`
3
`
<
:t;
i5 :
. 3 3 ,
r ; ~ ~
~ {~~ .
~ • t , a ~,. ' ~ . =
! t- :
•~ r f ; .}. : .t
.
;cif'" ,.~, ;s.c
< .
a i i
¢
~r is ': :i'. a:x S . k
.
}l y~%
. «~.: ' 2~1.. .~
r
d
i .:.~ 'j. R
'.}
~ }.
~
`
{ . Z ~~ a ~~ ~ t ~ s ~y
`. ~
5
` ~I <: # g~:
' y ~
r a.
<~ ii ~ ~~. ? . 1:~#
..
.,
a ~
! ~~.
.
`~
6~
..
~
Al 1 ~ {+~ b a
S~~ t a
:.
•
': '~
,
. t{
:i~
- i
' '. i
~'W ~ ~'
rji
ii 4 1.. i~"• .[
..
.
c r,:
f it
1 ;(
t'
} t -'
~ is
ii
:l
i
1'
T
i
L -11:
+ , t;
} s
f t.
~~
~ is
;(
Requested Changes to the Agenda:
None
Items 11 and 12 Project: Overland Village
Location: the northeast corner of E. Overland Road and S. Eagle Road 2008
Applications: annexation and zoning and vacation
Highlights of Proposed Development: annexation and zoning of 9.06 acres to C-G zoning.
Approval of the commercial zoning would allow the property to develop with retail, office and
restaurant uses in the future. The Applicant has not submitted a subdivision application at this
time but intends do so at a later date. However, the Applicant has submitted a concept plan for
how the subject property may develop, and elevations for what the future buildings will look
like. Staff has reviewed both the concept plan and the elevations and recommends a DA.
The Commission heard the AZ request on February 21, March 20, May 1 & 15, and June 5,
2008. At the public hearing on June 51h, they moved to recommend approval of the AZ request.
Items of discussion by the Commission were as follows:
1) The necessity of a bridge across the Eight Mile Creek to provide connectivity to/from the
parcel to the east;
2) The disproportionate share of the cost of a bridge for the subject property in comparison
to larger adjacent properties; and
3) The possibility of putting a sunset clause on the road trust for the cost of constructing a
bridge across the Eight Mile Creek in the event the property to the east doesn't develop
within a certain time period.
The Commission recommended that Development Agreement provision #c be modified to allow
buildings up to 4 stories in height (instead of 3), up to 65 feet with the caveat that Council may
want to see revised building elevations (only 1-story elevations were shown on the elevations
submitted).
Council Issues & Decision:
This project was heard by the City Council on September 2"d. At that meeting, the Council voted
to deny the AZ request based on insufficient emergency access to the site, the necessity of a
bridge connection across the 8 Mile Creek, potential flood hazard from the 8 Mile Creek, and
timing of development of this site in relation to adjacent sites. Until remedies to these issues can
be addressed, the Council did not believe it was prudent to annex the site. The VAC request was
subsequently denied because the City doesn't have jurisdiction if the AZ is denied.
Reconsideration:
The applicant submitted a request for reconsideration, which was approved by Council on
September 23rd, based on the applicant's proposal to provide an alternative means of emergency
access to the site and willingness to contribute a proportionate share toward a connection to
Silverstone Way.
Since the last meeting, the applicant has submitted a revised site plan, which shows a
reconfiguration of the center building footprint (the rest of the site has not changed), and a
conceptual development plan for the surrounding area demonstrating how access could
eventually be provided to the subject property via Silverstone Way. Revised building elevations
were not submitted to coincide with the revised building footprint shown on the site plan.
12i2i2oo8
ACHD submitted a letter to Joe Silva, Deputy Fire Chief, dated November 11 th, regarding the
restricted Rackham Way access onto Overland Road. ACHD condition of approval #4 requires
the applicant to, "Pay a road trust deposit sufficient to cover the cost of installing a 6-inch raised
median to restrict the realigned Rackham Way to right-in/right-out in the future. Rackham Way
will be restricted to right-in/right-out either on a determination by ACHD staff of a substantial
safety issue, or on the provision of a connection from Rackham Way to a signalized intersection
to the east, whichever occurs first." The letter also states that, "In order to ensure adequate
emergency response to this area, ACHD staff will coordinate with the Meridian Fire Department
to ensure that any access restriction devices to be installed at the Overland/Rackham intersection
will allow for emergency vehicles to turn left onto Rackham from Overland until a public
connection across the Eight Mile Creek is achieved."
If the Council votes to approve the project then a DA should be required to include, at minimum,
the following: Sta s recommended changes in red bold/underline/strikeout
a. All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
b. The site and buildings on the site shall comply with all of the design review standards
listed in the UDC. A Design Review application shall be submitted with the CUP or CZC
application (whichever occurs first) for all future buildings on this site.
c. The detailed site plan and building elevations submitted with any 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.
Construct a minimum of 2 and a maximum of 4 buildings on this site. No footprint for a
single building shall exceed 20,000 square feet. Further, no building shall exceed -3 4
stories in height, with a maximum height of 65 feet. —
d. The applicant shall be responsible for all costs associated with sewer and water service
installation.
e. Any drive-thru establishment proposed on the site shall be subject to Conditional Use
Permit approval.
f. Direct access to/from this site from Eagle Road shall be prohibited. Access to the site
shall be provided from one fu11 right-in/right-out/left-in access point to/from Overland
Road via realigned S. Rackham Way subject to ACHD and Meridian Fire
Department approval; and one right -in only access point to the site from Overland
Road, as depicted on the conceptual site plan. The three- way Rackham Way access
may be limited to right-in/right-out only in the future.
g. Prior to the first occupancy permit being granted, a minimum 35-foot wide landscape
buffer will be required and shall be constructed along the entire frontage of E. Overland
Road and S. Eagle Road, in accordance with UDC 11-313-7.
h. A minimum 10-foot wide landscape buffer will be required and shall be constructed
along the entire frontage of S. Rackham Way in accordance with UDC 11-313-7.
i. Prior to the first occupancy permit being
be required on this property in accordant with the Ma ter PathwayslPlan. Said pathway
will
should connect to the Eagle/Overland intersection and the relocated Rackham/overlandpathway
intersection, and continue to the east. Exact location of the pathway shall be coordinate 12/2/2008 d
with the Parks Department. Provide written documentation from the Parks Department
with the first CZC application, approving the pathway design and location.
j. If not existing, sidewalks shall be constructed along S. Eagle Road, E. Overland Road
and S. Rackham Way.
k. The applicant shall provide for vehicular access from
Rackham Way to the west easement boundary of the Eight Mile Creek to allow for
future connectivity to the east and access to the signalized Overland-Silverstone
intersection. The applicant shall submit
an irrevocable letter of
credit for half the cost of construction of a bridge over the Eight Mile Creek to
provide interconnectivity between the subject site and the property to the east (parcel
#S1116336520), prior to the first occupancy being granted on this site.
1. Any work or improvement within the floodway or floodplain on this property shall file
a floodplain development application with the City of Meridian Public Works
Department prior to commencement of the work.
in. The Five Mile Creek, which runs along the north boundary, and the Eight Mile Creek,
which runs along the east and north boundaries of this property shall be protected
through the development process, in accordance with the Comprehensive Plan.
Improvements along the creeks are encouraged as development amenities.
n. The applicant shall work with ACHD to vacate the existing Rackham Way right-of-way
and relocate any utilities accordingly.
o. The applicant shall complete all required improvements prior to obtaining a Certificate
of Occupancy for any new use or change in use of the site.
p. No signs are approved with the subject annexation approval. All business signs will
require a separate sign permit in compliance with UDC 11-31).
q. All future construction/uses on this site should comply with the provisions of City Code
in effect at the time of submittal.
Requested Vacation: Approval of the VAC application would allow the applicant to do a land
swap with ACHD and to reconstruct Rackham Way to Overland Road further to the east.
Elevations: Yes (I-story)
12/2/2008