Loading...
Lost Rapids GFI - Meridian Investments II, LLC H-2018-0004ADA COUNTY RECORDER Christopher D. Rich 2018-079970 BOISE IDAHO Pgs=92 BONNIE OBERBILLIG 08/23/2018 08:51 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. GFI — Meridian Investments II, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 2.. �sH day of L6V , 2018, by and between City of Meridian, a municipal corporation of the State o -t Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and GFI — Meridian Investments II, LLC, whose address is 74 East 500 South, Ste. 200, Bountiful, Utah 84010, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tracts of land in the County of Ada, State of Idaho, comprising approximately 19.98 acres of land, described in Exhibit "A" and depicted in Exhibit "B" (GFI —Meridian Investments H, LLC Site), which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WMEREAS, Owner/Developer has, submitted an application for annexation and zoning ofthe Property, known as the GFI—Meridian Investments 11, LLC Site, with an R-40 (High Density Residential)(6.496 acres) and C -G (General Retail and Service Cominercial)(13.484 acres) zoning districts, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOP&JENT AGRM4rNT—LOST RAPIDS (GF1—MERIDIAN INVESTMENTS 11, LLC SITE) (H-2018-0004) PAGE I OF 8 DEVELOPMENT AGREEMENT – LOST RAPIDS (GFI – MERIDIAN INVESTMENTS II, LLC SITE) (H-2018-0004) PAGE 2 OF 8 1.6 WHEREAS, the record of the proceedings for the requested annexation and preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 24th day of April, 2018, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order (“Findings”), for the annexation and zoning of the Property with a R-40 (High Density Residential) and C-G (General Retail and Service Commercial) zoning districts, which have been incorporated into this Agreement and attached as Exhibit “C”; and 1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.9 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on October 11, 2016, Resolution No. 16-1173, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to GFI - Meridian Investments II, LLC, whose address is 74 East 500 South, Ste. 200, Bountiful, UT 84010, the party that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. Meridian City Council Meeting Agenda August 21, 2018 – Page 251 of 902 DEVELOPMENT AGREEMENT – LOST RAPIDS (GFI – MERIDIAN INVESTMENTS II, LLC SITE) (H-2018-0004) PAGE 3 OF 8 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian, comprising approximately 19.98 acres of land, as described in Exhibit “A” (GFI – Meridian Investments II, LLC Site) describing the parcels to be annexed and zoned R-40 (High Density Residential) and C-G (General Retail and Service Commercial) zoning districts and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Future development of this site shall be generally consistent with the conceptual development plan, preliminary plat, landscape plan and conceptual building elevations included in Exhibit A of the Staff Report that is attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit “C” and the conditions contained herein. 2. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. 3. Prior to issuance of any building permits on this site, a property boundary adjustment application shall be approved and a Record of Survey recorded for the reconfiguration of existing parcels to coincide with the boundary of the preliminary plat. 4. With the first phase of development, provide a detached 10-foot wide multi-use pathway within the street buffer along US 20-26/W. Chinden Blvd. as set forth in UDC 11-3H-4C.4. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division prior to submittal of the final plat for City Engineer signature and will be subsequently approved by City Council and recorded. The applicant shall coordinate with Kim Warren, Park’s Department Pathways Project Manager (208-888-3579), regarding specifications for the pathway and easement. 5. The street buffer landscaping and 10-foot wide multi-use pathway/sidewalk along the entire frontage of US 20-26/Chinden Blvd. and street buffer landscaping and 5-foot wide sidewalk along N. Ten Mile Road shall be constructed with the first phase of development. 6. Business hours of operation in the C-G zoning district are limited from 6:00 am to 11:00 pm when the property abuts a residential use or district; extended hours of operation may be requested through a conditional use permit as set forth in UDC 11- Meridian City Council Meeting Agenda August 21, 2018 – Page 252 of 902 DEVELOPMENT AGREEMENT – LOST RAPIDS (GFI – MERIDIAN INVESTMENTS II, LLC SITE) (H-2018-0004) PAGE 4 OF 8 2B-3A.4. 7. Qualified open space and site amenities shall be provided within the multi-family portion of the development in accord with the standards listed in UDC 11-3G-3 for residential developments and 11-4-3-27 for multi-family developments. 8. A conditional use permit is required for a multi-family development in the R-40 zoning district as set forth in UDC Table 11-2A-2; compliance with the specific use standards listed in UDC 11-4-3-27, Multi-Family Development, is required. 9. A buffer planted with dense landscaping consistent with the Master Plan in Exhibit A.3 is required on the commercial portion of the development to the residential uses as set forth in UDC Table 11-2B-3 in accord with the standards listed in UDC 11-3B- 9C. 10. A maximum gross density of 24 residential units per acre is allowed to develop within the multi-family residential portion this site. 11. The Applicant/Developer shall coordinate with Valley Ride Transportation (VRT) to determine if an ADA bus stop is needed on this site; written documentation from VRT should be submitted. 12. Prior to issuance of the first commercial Certificate of Occupancy within this development, the following improvements shall be completed: SH 20-26/W. Chinden Blvd. shall be widened to 4 lanes with signal/intersection upgrades from Tree Farm to Linder Rd. (1.5 miles); N. Ten Mile Rd. shall be widened to 4 lanes from Chinden to Walmart (0.80 of a mile); and signals shall be installed at N. Black Cat Rd. and W. Lost Rapids Dr. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party’s failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer’s default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending Meridian City Council Meeting Agenda August 21, 2018 – Page 253 of 902 DEVELOPMENT AGREEMENT – LOST RAPIDS (GFI – MERIDIAN INVESTMENTS II, LLC SITE) (H-2018-0004) PAGE 5 OF 8 portion of Property and upon City’s compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer’s inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. Meridian City Council Meeting Agenda August 21, 2018 – Page 254 of 902 DEVELOPMENT AGREEMENT – LOST RAPIDS (GFI – MERIDIAN INVESTMENTS II, LLC SITE) (H-2018-0004) PAGE 6 OF 8 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: GFI - Meridian Investments II, LLC 74 East 500 South, Ste. 200 Bountiful, UT 84010 with copy to: Bruce J. Nelson, Esq. Nelson Christensen Hollingworth & Williams 5292 South College Drive, Suite 203 Murray, Utah 84123 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney’s fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties’ respective heirs, successors, assigns and personal representatives, including City’s corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. Meridian City Council Meeting Agenda August 21, 2018 – Page 255 of 902 DEVELOPMENT AGREEMENT – LOST RAPIDS (GFI – MERIDIAN INVESTMENTS II, LLC SITE) (H-2018-0004) PAGE 7 OF 8 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A, B and C follow] Meridian City Council Meeting Agenda August 21, 2018 – Page 256 of 902 ACKNOWLEDGMENTS IN WITNES S WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: GFI - Meridian Investments II, LLC By:/ f�,ED AUGusT Its: 4— E,P-- v °w E IDo IDAHO CITY OF MERIDIAN ATTEST.% til of the TREP�J� i Mayor y de Weerd .Jay Coles, C•ty Clerk STATE OF VTA-M4_)Q� ) SS: County of� ) On this � t ay of __ 018, before me, the undersigned, a Notary Public in and for said State, personally appeared Trevor Gasser, own or identified to me to be the Manager of GFI - Meridian Investments 11, LLC, and acknowledged to me that he executed the same on behalf of said Corporation. •, IN W ITNF-8 ViQ4 „"{„•4Jiave hereunto set my hand and affixed my official seal the day and year in this certificate first a��ru !�M•••4 rN tii, .•� �• 'CSR Y '•. (SEAL) r•Notary Pi bli or-� a �,C, Residing at: 4••PUB• •• ss�`,••` My Commission Expires: �O -., AP •4.040•• STATE OF IDAI Te OF _...�•� County of Ada On this a 1 C4- day of ast— , 2018, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know Y identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,,•444..4,, Gx V&�WU '�-C Wo /1 - (SEAI•4•�Li` W }••• Notary Public for Idaho * 5 j R ' , r • � . Residing at: �A � Commission expires,' -&2- 0a • �0 • OM4fENT AGREEMENT ; I®S: RAPIDS (GPI —MERIDIAN INVESTMENTS II, LLC SITE) (H-2018-0004) PAGE 8 OF 8 • ` , • 44ATVI 0•.••. '•444..44•.. M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 2 1 , 2 0 1 8 – P a g e 2 5 8 o f 9 0 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 2 1 , 2 0 1 8 – P a g e 2 5 9 o f 9 0 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 2 1 , 2 0 1 8 – P a g e 2 6 0 o f 9 0 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 2 1 , 2 0 1 8 – P a g e 2 6 1 o f 9 0 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 2 1 , 2 0 1 8 – P a g e 2 6 2 o f 9 0 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 2 1 , 2 0 1 8 – P a g e 2 6 3 o f 9 0 2 CITY OF MERIDIAN T;;' FINDINGS OF FACT, CONCLUSIONS OF LAW IDIawl AN DECISION & ORDER "s A - In the Matter of the Request for Amendment to the Future Land Use Map Contained in the Comprehensive Plan to Change the Future Land Use Designation on 32.83 Acres of Land from the Medium Density Residential (16.33 acres) and the Mixed Use — Community (16.50 acres) Designations to Commercial; Annexation and Zoning of 78.33 Acres of Land with R-15 (39.01 acres), R-40 (6.50 acres), and C -G (32.83 acres) Zoning Districts; Preliminary Plat Consisting of One (1) Residential Building Lot, Thirteen (13) Commercial Building Lots, and One (1) Other Lot for Dedication of Right -of -Way on 36.2 Acres of Land in the Proposed R-40 and C -G Zoning Districts; and, Variance to UDC 11-311-413.2 which Prohibits New Approaches Directly Accessing a State Highway to Allow Two (2) New Accesses via US 20-26/W. Chinden Blvd., by GFI — Meridian Investments, LLC and Brighton Investments. Case No(s). H-2018-0004 For the City Council Hearing Date of. April 3, 2018 (Findings on April 24, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date ofApril 3, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 3, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 3, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 3, 2018, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018- 0004 - I - EXHIBIT B Meridian City Council Meeting Agenda August 21, 2018 – Page 264 of 902 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 3, 2018, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a Comprehensive Plan Map Amendment, Annexation and Zoning, Preliminary Plat and Variance is hereby approved per the conditions of approval in the Staff Report for the hearing date of April 3, 2018, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613- 713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 1I - 6B -7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651 IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0004 " 2 " Meridian City Council Meeting Agenda August 21, 2018 – Page 265 of 902 agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 3, 2018 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018- 0004 - 3 - Meridian City Council Meeting Agenda August 21, 2018 – Page 266 of 902 By action of the City Council at its regular meeting held on the day of 2018. ALA— COUNCIL PRESIDENT JOE BORTON COUNCIL VICE PRESIDENT LUKE CAVENER COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER TREG BERNT COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD TIE BREAKER) VOTED / e4 VOTED / (q VOTED VOTED Ya - VOTED \)G-4 VOTED — 1p z VOTED reSl 2n+ Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: ` o` City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0004 Los+"RGL, cks 4 Meridian City Council Meeting Agenda August 21, 2018 – Page 267 of 902 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 1 STAFF REPORT Hearing Date: April 3, 2018 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Lost Rapids – CPAM, AZ, PP, VAR (H-2018-0004) Note: Since the staff report was originally issued for this project, the Applicants and Staff met prior to the Commission meeting to discuss the changes recommended by Staff to the conceptual development plan included in Exhibit B). Staff felt substantial changes were needed in order for the development to be consistent with the proposed MU-R FLUM designation. Without these changes, the proposed development plan was more consistent with the Commercial FLUM designation than the requested MU-R designation. The Applicant’s position was that they’d prefer to develop the site consistent with the proposed concept plan without significant changes. Therefore, both Staff and the Applicants agreed that a Commercial FLUM designation would be more appropriate for the eastern portion of the site where the commercial and multi-family residential uses are proposed (i.e. the preliminary plat area); and the remainder of the site would remain under the current MDR FLUM designation. The applicant submitted a letter to the City requesting this change. The Commission hearing and recommendation was based on the Applicant’s revised request. Staff has revised Section I and Exhibits A, B and D to reflect this change in accord with the Commission’s recommendation; however, staff did not revise the body of the report. I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, GFI – Meridian Investments II, LLC and Brighton Investments, has submitted a joint application for the following: Amendment to the Future Land Use Map contained in the Comprehensive Plan to change the land use designation on a combined 78.33 32.83 acres of land from the Medium Density Residential (61.83 16.33 acres) and the Mixed Use – Community (16.50 acres) to Mixed Use Regional Commercial. Annexation and zoning of 78.33 acres of land with R-15 (39.01 acres), R-40 (6.50 acres), and C-G (32.83 acres) zoning districts; Preliminary Plat consisting of 1 residential building lot, 13 commercial building lots, and 1 other lot for dedication of right-of-way on 36.2 acres of land in the proposed R-40 and C-G zoning districts; and, Variance to UDC 11-3H-4B.2 which prohibits new approaches directly accessing a state highway to allow two (2) new accesses via US 20-26/W. Chinden Blvd. See Section IX of the staff report for more information. EXHIBIT A Meridian City Council Meeting Agenda April 24, 2018 – Page 349 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 268 of 902 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 2 II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM, AZ, and PP applications with the recommended changes to the conceptual development plan and conditions of approval noted in Exhibit B; and denial of the proposed VAR application in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. Note: The Variance request does not require action from the Commission; City Council is the decision making body. The Meridian Planning & Zoning Commission heard these items on March 1, 2018. At the public hearing, the Commission moved to recommend approval of the subject CPAM, AZ and requests. a. Summary of Commission Public Hearing: i. In favor: Mike Wardle, Brighton Corporation; Brian Whelan (site selector); Peter Kahn, Costco; Andy Daleiden, Principal Engineer, Kittelson & Associates; Don Petersik; Amy Cuhaclyan; Mike Dunlap; Roger Nielson; David Zaremba; Michael Morrette; David Turnbull; Trevor Gasser. ii. In opposition: Tom McNeil; Denise LaFever; Edward Simon; Robert Neufeld; David Reyes; Andrea Carroll (Attorney representing a group of residents in Bainbridge & Spurwing Subdivisions); Ken Marshall; Shelley Lupher; Jane Albert; Robert Friedlein; Sue Fillman; Bob Rock; Megan Rock; Kim Miles; Dirk Minatre; Jerry Stevenson; Terri Dawson; Sally Reynolds; Paige Winter; Kevin Dennison. iii. Commenting: None iv. Written testimony: Mike Wardle, Brighton Corporation; and many letters of testimony for and against) have been received – see project file for a complete record. v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. In favor of a Costco in this location and opinion that they are a good neighbor and will provide great economic opportunities for the City and good paying jobs for area residents; ii. Negative impact of Costco on quality of life (i.e. noise created from delivery trucks, idling of engines at the fuel facility, hours of operation, increased density and intensity of land use) for area residents. iii. Concern related to traffic impacts from the proposed development and access restrictions from the state highway and already heavy traffic on SH-20/26; access constrained location with inadequate ingress/egress access points; unsafe pedestrian connections within the proposed development; lack of safe access for the Keith Bird Legacy Park. iv. Increased noise (i.e. roof top ventilation systems, power equipment used to maintain property, mechanical equipment, loading & unloading delivery trucks, back-up beepers, generators and refrigeration equipment) and air pollution from the site; excessive lighting generated from the site resulting in increased night sky light pollution; generation of hazardous material such as petroleum and contaminants from brake and tire wear which leads to runoff into groundwater; large impermeable surfaces of the parking lots; incompatible architecture of the industrial sized building and adjacent strip malls to the existing neighborhoods. v. Against proposed change to Comprehensive Plan Future Land Use Map from Medium Density Residential; vi. Positive impact to the local economy from having Costco locate here; will also generate business for other retailers/restaurants/services in the area; and will contribute to the balance and what is available for shopping and employment in Meridian. Meridian City Council Meeting Agenda April 24, 2018 – Page 350 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 269 of 902 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 3 vii. The provision of much needed infrastructure in this area with the approval of this development without having to wait for funding for these improvements (i.e. road widening, intersection improvements, etc.). viii. Opinion that this site isn’t a good fit for a Costco; preference for it to be located at the SH-16/Chinden intersection to the west instead of this property. c. Key Issues of Discussion by Commission: i. The Applicant’s request to change their request for an amendment to the future land use map from all Mixed Use – Regional to the eastern 32.83 acres of the site as Commercial and the remaining area staying Medium Density Residential as is currently; ii. The traffic impact from the proposed development on adjacent streets and SH-20/26; iii. Impact on quality of life for area residents; iv. The location of the fuel facility and staff’s recommendation for it to be shifted from the corner; v. Feeling that the size of buildings allowed in the current MU-C designation (i.e. 30,000 square feet) is a big jump to the proposed Commercial designation which has no size restrictions, which will allow the proposed 168,652 square foot building. d. Commission Change(s) to Staff Recommendation: i. Approved Staff’s recommended changes to the conditions of approval in Exhibit B as noted in the memo to Mayor & Council from Staff dated March 1, 2018. ii. Removed condition #1b which required the fuel facility to be shifted off the corner to the south. e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard these items on April 3, 2018. At the public hearing, the Council approved the subject CPAM, AZ, PP and VAR requests. a. Summary of City Council Public Hearing: i. In favor: Mike Wardle, Brighton Corporation and Andy Daleiden, Kittleson & Associates (Applicant’s Representatives); See meeting minutes for a complete list of those testifying in favor. ii. In opposition: See meeting minutes for a complete list of those testifying in opposition. iii. Commenting: See meeting minutes for a complete list of those commenting on this application. iv. Written testimony: Many letters of testimony (for and against) have been received – see project file in the public record for a complete list. v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. See meeting minutes for a complete record of public testimony. c. Key Issues of Discussion by Council: i. See meeting minutes for a complete record of the Council’s discussion. ii. Key Council Changes to Commission Recommendation i. The Council did not approve the conceptual building elevations for Costco and required that a modification to the development agreement be processed in the future t o finalize approval of the conceptual design of the building. Meridian City Council Meeting Agenda April 24, 2018 – Page 351 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 270 of 902 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 4 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0004, as presented in the staff report for the hearing date of April 3, 2018, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0004, as presented during the hearing on April 3, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0004 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance .) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at the southwest corner of US 20-26/W. Chinden Blvd. and N. Ten Mile Rd., in the NE ¼ of Section 27, Township 4N., Range 1W. Parcel No.’s: S0427110011, S0427110023, S0427141803, S0427120611, S0427120916 B. Owner(s): GFI – Meridian Investments II, LLC 74 East 500 South, Ste. 200 Bountiful, UT 84010 Brighton Investments, LLC 12601 W. Explorer Dr., Ste. 200 Boise, ID 83713 C. Applicant: GFI – Meridian Investments II, LLC 74 East 500 South, Ste. 200 Bountiful, UT 84010 D. Representative: Kelly Kehrer, KM Engineering, LLP 9233 W. State St. Boise, Idaho 83714 E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for an amendment to the Comprehensive Plan Future Land Use Map, Annexation and Zoning, Preliminary Plat and a Variance. A public hearing is required before the Planning & Zoning Commission and City Council on all of these applications except for the Variance, which only requires Council approval, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 9, 2018 (Commission); March 16, 2018 (City Meridian City Council Meeting Agenda April 24, 2018 – Page 352 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 271 of 902 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 5 Council) C. Radius notices mailed to properties within 300 feet on: February 5, 2018 (Commission); March 12, 2018 (City Council) D. Applicant posted notice on site(s) on: February 14, 2018 (Commission); March 21, 2018 (City Council) E. Posted to Next Door: February 5, 2018 (Commission); March 9, 2018 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of undeveloped agricultural land, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: US 20-26/W. Chinden Blvd. and single-family residential properties in Spurwing Orchard Subdivision and Westwing Estates, zoned R-4, R-8 and R-15 in the City and RUT in Ada County, respectively 2. East: Single-family residential properties in Irvine Subdivision and a rural residential parcel, zoned R-8 in the City and RUT in Ada County, respectively 3. South: Existing and future single-family residential properties in Bainbridge Subdivision and a church, zoned R-8 and L-O, respectively 4. West: Future single-family residential properties in Bainbridge Subdivision, zoned R-8 C. History of Previous Actions: In 2008, an amendment to the Comprehensive Plan Future Land Use Map was approved to change the land use designation on 14.57 acres of land at the northeast corner of the site from Medium Density Residential to Mixed Use - Community (Janicek – Ten Mile/Chinden, CPA-08-001). A conceptual development plan was submitted that showed how the property might develop in the future with a mix of retail [62,988 square feet (s.f.)], retail/office (11,412 s.f.), and multi-family residential (39 units) uses. However, because annexation and zoning was not requested, a development agreement was not required to tie future development to the conceptual development plan. D. Utilities: 1. Public Works: a. Location of sewer: The sanitary sewer main intended to provide service to the subject site currently exists in W. Lost Rapids Drive along the southern boundary. b. Location of water: Water mains intended to provide service to the subject site currently exist in N. Ten Mile Road and in W. Lost Rapids Drive. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Harrell Lateral runs along the eastern portion of the southern boundary of this site and is piped. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. Meridian City Council Meeting Agenda April 24, 2018 – Page 353 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 272 of 902 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 6 VII. COMPREHENSIVE PLAN POLICIES AND GOALS CURRENT LAND USE DESIGNATION(S): Approximately 14.57 acres of the annexation area is designated on the Future Land Use Map as Mixed Use – Community (MU-C) and the remaining 52 acres is designated Medium Density Residential (MDR). MU-C: The purpose of the MU-C designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Non- residential buildings in these areas have a tendency to be larger than in Mixed Use – Neighborhood areas, but not as large as in Mixed Use – Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted below Figure 3-3 in the Comprehensive Plan, pg. 27). Developments should have a mix of at least 3 land use types [i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial]; residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre; non-residential buildings should be proportional to and blend in with adjacent residential buildings; vertically integrated structures are encouraged; supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area are required. MDR: The purpose of the MDR designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre d.u./acre). Meridian City Council Meeting Agenda April 24, 2018 – Page 354 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 273 of 902 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 7 PROPOSED LAND USE DESIGNATION: The applicant proposes an amendment to the FLUM to change the land use designation on a combined 78.33 acres of land from the MDR (61.83 acres) and MU-C 16.50 acres) to the Mixed Use – Regional (MU-R) designation. MU-R: The purpose of the MU-R designation is to provide for a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. For example, an employment center should have support retail uses; a retail center should have supporting residential uses as well as support retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the developments. The developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 of the Comprehensive Plan shown below. TRANSPORTATION: The subject property is located at the southwest corner of N. Ten Mile Road and US 20-26/W. Chinden Blvd. and is two miles east of US-16 and five miles north of Interstate 84 (I- 84). Ten Mile Road, between Chinden and I-84, is improved with two lanes between Chinden and W. Ustick Rd. and five lanes south of W. Ustick Rd. to I-84. A Traffic Impact Study (TIS) was prepared for this development and submitted to the Idaho Transportation Department (ITD) and Ada County Highway District (ACHD) for review. ITD is requiring US 20-26/W. Chinden Blvd. to be widened to 4 lanes between Tree Farm Way and Linder Rd. with a concrete median island; widening is to include construction west of Tree Farm Way to taper the pavement back to a 3-lane section; and installation of conduit with fiber optics the entire length of the widening. A signal is required to be installed at the Black Cat Rd./Chinden intersection in accord with ACHD requirements and should be interconnected with the signals at Tree Farm Way and SH-16. An additional eastbound and westbound thru lane is required as part of the overall US 20- 26/Chinden widening at the Ten Mile/Chinden intersection with the eastbound lane configuration on Chinden to include two thru lanes – one left and one dedicated right turn lane. An additional Meridian City Council Meeting Agenda April 24, 2018 – Page 355 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 274 of 902 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 8 westbound left turn lane is required with lane configurations on Chinden including one combined thru/right turn lane, one thru lane and two left turn lanes. A STARS agreement is in process for these improvements. The applicant has requested a variance from the City for the proposed accesses via US 20-26/W. Chinden Blvd as the UDC prohibits new accesses via the state highway. Staff is very concerned that these accesses will critically impact the mobility of the SH 20-26/Chinden transportation corridor long term if approved by City Council. No improvements or additional right-of-way (ROW) dedication are proposed or required by ACHD for the existing W. Lost Rapids Drive. A traffic signal at the Lost Rapids/Ten Mile intersection is proposed by the applicant. The applicant proposes to utilize the STAR agreement to widen Ten Mile Road to 5 lanes between Chinden Blvd. and Milano Drive to include bike lanes, planter strips and detached sidewalks, which will require the dedication of an additional 48 feet of ROW from the centerline of Ten Mile Rd. This will move up ACHD’s roadway widening project scheduled for 2022. Conceptual Development Plan: A concept plan (and narrative) was submitted that depicts/describes how this site is proposed to develop with a mix of commercial, retail and office uses and a fuel sales facility at the intersection of US 20-26/Chinden Blvd. and N. Ten Mile Road. A very large box store 168,652+/- square feet) is proposed for Costco Wholesale internal to the development to the south and west of the commercial, retail, office pads; multi-family residential is proposed to the south of the Costco site and west of the commercial pads along Ten Mile Rd.; and single-family attached and detached residential uses are proposed directly west of and abutting the commercial site. GOALS, OBJECTIVES, & ACTION ITEMS: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) A variety of residential categories are proposed in this development consisting of single- family attached and detached homes, and townhome and garden style apartments. Staff is unaware how “affordable” the units will be. Coordinate with ACHD, ITD, COMPASS, and other agencies to determine future infrastructure plans, transportation corridors, highway alignments, etc. and allow only compatible adjacent land uses, appropriate site designs and traffic patterns.” (3.06.02H) ACHD, ITD, and COMPASS have all been provided an opportunity to review and comment on the proposed application. ITD and ACHD have both held several additional meetings to review and discuss the proposed application. Agency staffs continue to discuss what appropriate” and “compatible” site design and traffic patterns entail. Staff recommends the Commission and Council consider any additional comments or conditions that are provided by ACHD, ITD or COMPASS. Provide housing options close to employment and shopping centers.” (3.07.02D) The proposed project would provide additional shopping opportunities for existing and future residents. However, staff is concerned that the concept plan does not provide any pedestrian connections between residential and commercial uses; therefore, staff Meridian City Council Meeting Agenda April 24, 2018 – Page 356 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 275 of 902 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 9 recommends pedestrian connections are provided. The proposed location is not within a current designated employment area. Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) There are no existing residential properties that abut this site; the closest residential properties are separated from the site by collector and arterial roadways and associated street buffers. The applicant’s narrative states that no deliveries will take place between the hours of 10:00 pm and 5:00 am; commercial truck deliveries will be restricted away from residential uses; and site lighting will be reduced within one hour of closing and lighting will be designed so that it is 0.0 foot candles at property lines. Note: Many letters of testimony have been received by the City from adjacent property owners in response to the proposed development. Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings.” (2.01.01C) The proposed Costco Wholesale store will provide grocery as well as other household products in close proximity to residential dwellings; however, the concept plan does not take into account any pedestrian or vehicular interconnectivity between the residential and commercial portions of the development. The plan should be revised to provide for interconnectivity between the uses. Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning.” (3.01.01J) City Staff has been coordinating with both the applicant and the transportation agencies ACHD and ITD) on this project. The proposed project will preserve right-of-way for future US Highway 20/26 widening projects. The applicant is in the process of entering into a STAR agreement with ITD to make some off-site improvements to US 20/26. These improvements would widen the highway to 4-travel lanes and improve impacted intersections in conjunction with ITD’s project to widen the corridor from Eagle Road. The Commission and Council should consider ACHD’s and ITD’s comments when determining appropriate access and circulation for this site. The City has policies limiting access points to arterial roadways and State highways. The submitted site plan shows two direct access points to a State Highway, including one full access, and one access point to Ten Mile Road, an arterial street. Every additional access is a point of conflict that can impact roadway functionality. Costco stores can be busy and congestion at facilities in both Boise and Nampa spill over onto adjacent roadways (none of which are State facilities). Traffic waiting to exit the site at the signal on Cole Road at the Boise facility backs up to the point of blocking vehicles from exiting parking stalls. This slows vehicles entering the site. Staff recommends that site access be designed to prioritize and encourage access from Ten Mile and Lost Rapids, rather than a State facility. Support land uses that do not harm natural systems and resources.” (3.06.01H) The existing land is farmed and there are no natural systems which remain to be protected. Except in North Meridian and the Ten Mile Specific Area, where a specific collector system is planned, realize continuous collectors at regular intervals around the north-south and east- west half-mile lines within the undeveloped sections of Meridian's Area of City Impact at the time of new development. Such collectors should be the primary designated bike lane routes in lieu of arterial streets, whenever possible.” (3.03.03E) Meridian City Council Meeting Agenda April 24, 2018 – Page 357 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 276 of 902 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 10 Lost Rapids is an existing collector roadway that connects into Tree Farm Way to the north, across US 20-26/Chinden Blvd, and extends to the east across Ten Mile Rd into Lochsa Falls Subdivision. Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” 3.03.03B) There are no pedestrian walkways depicted on the concept plan for interconnectivity between the commercial site and the residential portions of the site; the plan should be revised to include pedestrian access connectors. Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads.” (3.03.02N) There is only one existing farm access road which bisects the existing farm fields, half-way between Ten Mile Road and Lost Rapids Drive. There are no existing public access points on either the State facility or Ten Mile Road. The entire property has access from an improved collector roadway to the west and south of the site which may act and function as a backage road. Identify transitional areas to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses.” (3.05.03A) The proposed concept plan does not depict any transitional areas other than landscaping to buffer the residential and commercial uses. The Costco building (and loading area), the most intense commercial use on the site, directly abuts the single-family residential portion of the site. The lower intensity commercial uses (i.e. office and retail pads) are proposed on the periphery of the development adjacent to US 20-26/Chinden Blvd. and N. Ten Mile Rd. instead of as a buffer between the residential and higher intense commercial use (see Exhibit A.3). Staff recommends the concept plan is revised to provide transitional areas as noted, specifically between the Costco building and single-family residential area. The high-density residential area as well as the street buffer and collector street (W. Lost Rapids Dr.) does buffer impacts from the Costco site on the adjacent future single-family residential properties to the south of Lost Rapids. Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Public Works, Police, and Fire were all invited to pre-application and project review meetings for this project. Their comments and conditions, if provided, are included in Exhibit B of this report. Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) This area is planned for some commercial uses and the proposed site plan would expand resident and stakeholder access to closer commercial and retail opportunities. Minimize noise, odor, air pollution, and visual pollution in industrial and commercial development adjacent to residential areas.” (3.06.01B) The proposed Master Plan included in Exhibit A.3 depicts dense landscaping to buffer the abutting residential uses from the commercial uses. Meridian City Council Meeting Agenda April 24, 2018 – Page 358 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 277 of 902 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 11 Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development. Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts, school enrollment, parks, etc).” (3.01.01B) ACHD was provided with a traffic impact study and has included analysis in their report. The application was forwarded on to partner agencies and other City Departments for analysis of impacts to services; some of their comments are included in Exhibit B. Adopt land use designations that will allow for housing opportunities for all income levels. 3.07.01D) The adopted future land use designations allow for a variety of housing types that may be attractive to all income levels. The applicant is proposing to annex and zone portions of the site as R-15 (Medium-high Density Residential) and R-40 (High Density Residential).The proposed residential is within the specified area and range described in the Comprehensive Plan, but the overall concept plan lacks many of the mixed use elements necessary for it to be integrated successfully as a mixed use project. See the General Mixed Use text analysis below. Consider the adopted COMPASS regional long-range transportation plan in all land-use decisions.” (3.03.02G) The Communities in Motion (CIM) 2040 Plan identifies US 20/26 as a priority corridor with a typology of expressway. It is currently listed as an “unfunded” priority, though some early improvements are pending. The following is a summary from the CIM US 20/26 Priority Corridor Summary. As a major mobility highway, US 20/26 is experiencing congestion along much of its length but especially between Linder Road and State Highway 55 (Eagle Road), a stretch with only two travel lanes. US 20/26 has been a regional priority for a number of years but it remains unfunded, causing traffic to divert to other routes such as McMillan Road. In addition to high traffic levels on this road, the intersection with State Highway 55 (Eagle Road) is ranked #2 on ITD’s list of high-accident locations. By 2040, daily traffic between Middleton Road and State Highway 55 is expected to increase substantially. o From Middleton Road to Star Road, traffic is projected to more than double, from 12,000 in 2013 to 30,000 in 2040. o From Star Road to Linder Road, traffic is projected to double, from 14,000 in 2013 to 28,000 in 2040. This would be similar to current traffic on US 20/26 (Chinden Boulevard) in Garden City. o From Linder Road to State Highway 55 (Eagle Road), traffic is projected to increase 80%, from 21,000 in 2013 to 38,000 in 2040. This would be similar to current traffic on Eagle Road north of US 20/26. o Rush hour driving time between Middleton Road and Glenwood Street is expected to more than double, from 25 minutes in 2013 to 60 minutes in 2040.” Consider ACHD’s Master Street Map (MSM) in all land use decisions.” (3.03.04K) With the exception of Chinden Blvd (which is an ITD facility), the arterial and collector roadways shown on ACHD’s street map are already improved or scheduled for widening. Meridian City Council Meeting Agenda April 24, 2018 – Page 359 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 278 of 902 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 12 Protect citizen investments in existing public facilities (water, sewer, streets, fire, police, etc.) by encouraging controlled growth through development application reviews and development agreements.” (3.04.01G) The proposed project is surrounded by urban development and would be well served by the City. To ensure public infrastructure is adequate to serve the development and control the timing for said improvements, staff recommends that a development agreement be required with annexation of the project. Evaluate development proposals based on physical, social, economic, environmental, and aesthetic criteria.” (3.01.01G) The proposed site plan indicates large landscape buffers and generally appealing architectural designs. Off-site impacts such as trucks and lighting are described or shown as being reduced, and the high density residential is on a major transportation corridor. However, it is unclear how the proposed site development furthers inclusive mixed use design elements, or how the proposed FLUM designation and site plan is better for the neighbors and City than a development with more neighborhood and community accessible services. Restrict private curb cuts and access points on collectors and arterial streets” (3.06.02D) The proposed concept plan and application requests one direct access via N. Ten Mile Road, an arterial street, located approximately half-way between W. Lost Rapids Dr., a collector street, and Chinden Blvd, a State highway and a mobility corridor. Another access is proposed via W. Lost Rapids Dr. along the southern boundary of the site. Local street access is not available for this site. Locate small-scale neighborhood commercial areas within planned residential developments as part of the development plan.” (3.05.01E) Future and existing residential areas are located on the backside of Costco, with the small- scale neighborhood serving type pad sites generally located furthest from existing and proposed neighborhoods. This layout is inconsistent with the intent of Mixed Use designation, Figure 3-5, and the purpose of backage and collector type roadways. Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02L) The proposed high-density residential is near two parks (Keith Bird Legacy and Heroes’ Park) and a major access thoroughfare (US 20-26). Provide for a wide diversity of housing types (single-family and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) The proposed site plan would add to Meridian’s diversity of housing with medium and high density residential uses in close proximity to a major transportation corridor. Staff is unaware if the units will be owner occupied or rentals. Integrate land use and transportation planning to ensure that they mutually support the communities' goals and desires.” (7.01.01F) City and transportation agencies have met multiple times to discuss the subject project. With some changes to the proposal, staff believes the project could support the communities’ goals and desires. Meridian City Council Meeting Agenda April 24, 2018 – Page 360 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 279 of 902 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 13 Coordinate with transportation agencies to ensure provision of services and transit development.” (6.02.02H) The applicant should coordinate with Valley Regional Transit to determine if an ADA bus stop is needed at this location. In reviewing development applications, the following items will be considered in all Mixed Use areas: (Staff’s analysis in italics) Residential densities should be a minimum of six dwellings/acre. A gross density of 5 to 8 units per acre is anticipated to develop in the R-15 area with 18 to 24 units per acre in the R-40 area. Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69. A mix of mostly single-story attached and detached units are proposed to the west of the commercial area between the collector street (i.e. N. Tree Farm Way/W. Lost Rapids Dr.) and US 20-26/W. Chinden Blvd.; and 2-story townhome style and 3-story garden style apartments are proposed to the south of the commercial area adjacent to the collector street. While this project is adjacent to US 20-26, it is not an “employment center”; Costco is the only store with a regional draw to the development. An employment center in this general area is contemplated for the property located near the northwest corner of W. McMillan and N. Ten Mile Roads; a half-mile south of the proposed development. A conceptual site plan for the entire mixed-use area should be included in the application. A concept plan was submitted for the entire site with this application; however, the plan does not demonstrate consistency with development goals and objectives of the MU-R designation as submitted. Staff has included recommendations for revisions to the plan that would be consistent with the MU-R designation in Exhibit B as discussed below in Section IX. In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. The concept plan for the commercial area does not include any form of common area. Staff recommends the plan is revised to incorporate common usable area within the commercial portion of the development as noted. The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low- or medium-density residential development. There is no existing residential development directly adjacent to the commercial portion of the site. However, single-family and multi-family residential uses are proposed directly adjacent to the commercial portion of the development to the west and south. A dense landscape buffer with berms is depicted on the Master Plan between the uses and is required see Exhibit A.3). A mixed-use project should include at least three types of land uses [i.e. commercial includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial]. Exceptions may be granted for smaller sites on a case-by-case basis. The proposed concept plan depicts a Costco, future commercial subdivision and two types of residential uses. The application narrative states office uses are part of the development plan Meridian City Council Meeting Agenda April 24, 2018 – Page 361 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 280 of 902 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 14 but does not specify which lots/pads will contain those uses. A mix of at least three types of land uses is required to be provided. Community-serving facilities such as hospitals, churches, schools, parks, daycares, civic buildings, or public safety facilities are expected in larger mixed-use developments. None of these types of uses are proposed within this development; however, several of these uses exist in close proximity to this site, as follows: a 7.5 acre City Park (Keith Bird) exists directly across the street (W. Lost Rapids Dr.) to the south; another City Park (Hero’s) exists to the southeast kitty corner to this site across Ten Mile Rd.; schools exists a ½ mile to the east at the southwest corner of Chinden Blvd. and N. Long Lake Way and on Everest Ln., east of Long Lake Way; a fire station exists approximately 2 miles to the south on Ten Mile Rd.; a church exists directly to the south at the southwest corner of Lost Rapids Dr. & Ten Mile Rd.; and an assisted living facility exists 1.5 mile to the east on Chinden Blvd. While these uses/facilities are near the site, they are not integrated into the proposed development as desired. All required open space and amenities are centralized within their respective developments (i.e. the single-family and multi-family portions) without any shared facilities nearer to or within the commercial area. Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count. The concept plan does not depict any public and/or quasi-public spaces/places within this development. Staff recommends the plan is revised accordingly to include public and/or quasi-public spaces/places within the development. All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The overall site is separated from adjacent developments by public streets (i.e. US 20- 26/Chinden, N. Ten Mile Rd., and W. Lost Rapids Dr.) that will provide access to the development. There is no interconnectivity, vehicular or pedestrian, proposed between the single-family residential, multi-family residential and the commercial portions of the site. Staff recommends the plan is revised to include some form of interconnectivity between the residential and commercial portions of the site. Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code. There is an existing collector street (W. Lost Rapids Dr.) that runs along the southern boundary of the site consistent with the Master Street Map; no other streets are depicted on the Map for this site. In reviewing development applications, the following items will be considered in MU-R areas: Development should generally comply with the general guidelines for development in all Mixed-Use areas. See analysis above. Residential uses should comprise a minimum of 10% of the development area at densities ranging from 6 to 40 units/acre. The concept plan depicts 58% (45.5 acres) of the total project area with residential uses. Densities in the single-family portion of the development are anticipated to range from 5- to 8-units/acre with densities in the multi-family portion ranging from 18- to 24-units/acre. Retail commercial uses should comprise a maximum of 50% of the development area. Meridian City Council Meeting Agenda April 24, 2018 – Page 362 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 281 of 902 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 15 Retail, commercial and office uses are proposed to comprise 42% (or 32.83 acres) of the development area per the concept plan included in Exhibit A.3 and the applicant’s narrative; therefore, the retail portion alone will be under 50%. There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, clean industry, or entertainment users. There are no clean industry or entertainment users proposed at this time; this provision is noted for the office uses. Where the development proposes public and quasi-public uses to support the development, the developer may be eligible for additional area for retail development (beyond the allowed 50%) as provided for on Pg. 31 of the Comprehensive Plan. The concept plan does not include any public and/or quasi-public uses to support the development nor is it discussed in the applicant’s narrative. Staff recommends the plan is revised to include public/quasi-public uses as desired in mixed use and MU-R designated areas. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District(s): 1. The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated (UDC 11-2A-1). 2. The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) 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 in proximity to streets and highways (UDC 11-2B-1). Allowed uses in the C-G district are of the largest scale and broadest mix of retail, office, service and light industrial uses and are usually located in close proximity and/or with access to interstate or arterial intersections. B. Schedule of Use: 1. UDC Table 11-2A-7 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 zoning district. Any use not explicitly listed is prohibited. 2. UDC Table 11-2A-8 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-40 zoning district. Any use not explicitly listed is prohibited. 3. UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C-G zoning district. Any use not explicitly listed is prohibited. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district; UDC Table 11-2A-8 for the R-40 zoning district; and 11-2B-3 for the C-G zoning district. D. Landscaping: Landscaping is required within street buffers in accord with the standards listed in UDC 11-3B-7C. E. Off-Street Parking: NA (not required or reviewed with the subject application) Meridian City Council Meeting Agenda April 24, 2018 – Page 363 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 282 of 902 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 16 IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: NOTE: A LOT of public testimony has been received in response to this application; please see the public record. A. Comprehensive Plan Map Amendment (CPAM): (Applies to the overall site) An amendment to the Future Land Use Map contained in the Comprehensive Plan is proposed to change the land use designation on a combined 78.33 acres of land from the Medium Density Residential (MDR) (61.83 acres) and the Mixed Use – Community (MU-C) (16.50 acres) to Mixed Use – Regional (MU-R) is requested (see Section VII above and Exhibit A.2). While the property is proposed to be designated entirely MU-R, the concept plan shows two, if not three, distinct separate projects as follows: medium density residential in accord with the current FLUM on the western portion of the site; commercial on the northern portion of the site; and high density residential on the southern portion of the site. There is no pedestrian connectivity between any of these projects and only a driveway access is proposed along the east side of the multi-family project to/from the commercial property via the collector street (W. Lost Rapids Dr.). No integration is shown between the commercial and residential uses, which essentially creates a predominantly single-use development with Costco as the primary anchor with smaller commercial/office uses and separate residential areas, which is not the intent of the MU-R designation. The MU-R diagram in Section VII above depicts a big box retail store transitioning to high density residential or office uses, a local/collector street and then single-family residential uses. This provides a buffer spatially as well as use-wise between the higher intense commercial uses and medium density (single-family) residential uses. The proposed concept plan depicts the most intense commercial use (i.e. the 168,652 square foot Costco building) directly abutting single- family homes with only landscaping as a buffer, which is not a transition in uses and is not consistent with the MU-R designation. The fuel sales facility associated with Costco is proposed at the Chinden/Ten Mile intersection, an entryway corridor into the City, at the northeast corner of the development. Due to the lack of access in the corner of the development, Staff is concerned this will create traffic conflicts and congestion and possibly blockage of drive aisles in and out of the facility at this location. Additionally, staff would like to see a beautification effort in the form of a landscaped design/entryway feature at the corner of the site due to it being an entryway corridor into the City. Traffic circulation within the site as well as entering/exiting the site via Lost Rapids is also likely to be a problem. The driveway access via Lost Rapids leading to/from the commercial portion of the development is only 330’+/- from the centerline of the Ten Mile/Lost Rapids intersection, which will likely create conflicts with vehicles trying to merge into traffic on Lost Rapids with vehicles waiting to get onto Ten Mile at the future signal. The application does not clearly indicate why the City would be better served by an MU-R instead of an MU-C development in this area, other than that the size of the Costco building isn’t allowed in the MU-C designation; or why this project can’t be located within an area already designated MU-R such as closer to the SH-16/US 20-26 intersection. Although the application demonstrates that north Meridian (and all of northern Ada and Canyon counties) is “underserved” and distant from existing Costco sites in Nampa and Boise, it doesn’t explain how the community would be better served by a regional project than a community sized project as currently envisioned for this area. By proposing a Costco with unique traffic and circulation patterns on a smaller commercial portion of a mixed use designated site, connectivity and integration requirements are difficult. Meridian City Council Meeting Agenda April 24, 2018 – Page 364 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 283 of 902 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 17 To address the above-noted concerns, Staff recommends significant changes are made to the concept plan in order for the development to be consistent with the requested MU-R designation, as follows: Rearrange the site layout so that there is a transition in intensity of uses [e.g. single- family attached/detached residential to multi-family residential to commercial/retail/office to the most intense commercial (i.e. Costco)]. Most intense commercial uses should be located adjacent to the state highway (US 20-26/Chinden) and arterial street (Ten Mile), rather than abutting residential areas, especially low-density residential areas. Shift the fuel sales facility off the corner to the south near the driveway via Ten Mile Rd.; or, to the west near one of the driveways via US 20-26/Chinden Blvd. (if the driveway(s) are approved by Council and ITD). Include a landscaped design/entryway feature at the northeast corner of the site adjacent to the US 20-26/Ten Mile intersection for beautification purposes at the City’s entryway corridor. Shift the driveway access to/from the site via Lost Rapids further to the west away from the Ten Mile/Lost Rapids intersection to alleviate traffic congestion at the intersection. Integrate the commercial with the residential portions of the development through the provision of pathways and/or vehicular connections and changes to the site layout that may include re-positioning of buildings so that the rears of buildings aren’t facing abutting uses. In the commercial/office portion of the development, the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. Include supportive and proportional public and/or quasi-public spaces and places as desired in MU-R designated areas (see Comprehensive Plan, page 28). Site access should be designed to prioritize and encourage access from Ten Mile and Lost Rapids, rather than a State facility (i.e. US 20-26). A pedestrian circulation plan should be submitted demonstrating pedestrian interconnectivity within the overall site. Without these changes, staff is of the opinion the proposed development is more consistent with the Commercial (which includes multi-family residential) and existing Medium Density Residential designations than the proposed Mixed Use - Regional designation and should be designated accordingly (see Commercial in the Comprehensive Plan, pages 21-22 for more information). B. Annexation & Zoning (AZ): (Applies to the overall site) Annexation and zoning of 78.33 acres of land with R-15 (39.01 acres), R-40 (6.50 acres), and C- G (32.83 acres) zoning districts is requested consistent with the proposed MU-R FLUM designation. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. Conceptual Development Plan: The applicant has submitted a conceptual development plan, included in Exhibit A.3, which depicts a 168,652 square foot big box (Costco Wholesale) interior to the development; a fuel sales facility at the northeast corner of the site at the intersection of N. Meridian City Council Meeting Agenda April 24, 2018 – Page 365 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 284 of 902 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 18 Ten Mile Rd. and US 20-26/W. Chinden Blvd.); (10) future commercial, retail, restaurant, professional and office pads located at the northeast corner of the site adjacent to US 20-26/W. Chinden Blvd. and N. Ten Mile Rd.; (6) townhouse-style multi-family structures containing 49+/- units, (3) garden-style multi-family structures containing 60+/- units, and a clubhouse and swimming pool at the southeast boundary of the site adjacent to W. Lost Rapids Dr., south of the Costco site; and single-family attached and detached age-qualified units on the western portion of the site. Conceptual Building Elevations: Conceptual building elevations (photos and renderings) were submitted that depict the general style of development proposed for the single-family attached and detached, multi-family and commercial structures as shown in Exhibit A.7. Except for the Costco Wholesale building, the end-users in the commercial portion of the development are not known at this time; therefore, detailed building elevations will be submitted in the future as each building develops and be reviewed through the design review process. As noted above in Section VII, non-residential buildings should be proportional to and blend in with adjacent residential buildings; future building elevations submitted for design review should demonstrate compliance with this requirement. All structures, except single-family residential detached homes, are required to comply with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual. To ensure compliance, a design Review application is required to be submitted to the Planning Division and approved prior to application for building permits. None of the proposed concept elevations are approved with this application. A Certificate of Zoning Compliance application is also required to be submitted and approved for all new uses on the site, except for single-family residential detached homes, to ensure the use and site design is consistent with UDC standards. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed and recommended by staff with this application and in accord with the Comprehensive Plan, staff recommends a DA is required with the annexation containing the provisions included in Exhibit B. Because there are to be two different property owners/developers for this site, staff recommends two separate DA’s are required that contain provisions for each portion of the development area. C. Preliminary Plat (PP): (Only applies to the C-G and R-40 zoned portion of the site – the single- family residential portion of the site is not proposed to be platted at this time.) NOTE: if the concept plan is revised per staff’s recommendation above, this will require modifications to the plat to coincide with the concept plan. The applicant proposes a preliminary plat consisting of (1) residential building lot, (13) commercial building lots, and (1) other lot for dedication of right-of-way on 36.2 acres of land in the proposed R-40 and C-G zoning districts. Although ultimate build-out of this project will be market-driven, the applicant intends to plat the subdivision in one phase. Commercial, retail and office uses are proposed to develop within the C-G zoned portion of the site adjacent to US 20-26/W. Chinden Blvd. and N. Ten Mile Road; housing within the R-40 zoned portion of the site adjacent to W. Lost Rapids Dr. is proposed to consist of townhome and garden style multi-family units with expected densities between 20 and 24 units per acre. Meridian City Council Meeting Agenda April 24, 2018 – Page 366 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 285 of 902 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 19 The applicant requests that they be allowed two (2) building permits for the construction of the Costco store and fuel sales facility prior to recordation of the subdivision plat. Staff is amenable to this request. Existing Structures: There are no existing structures on this site. Dimensional Standards: The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Tables 11-2B-3 for the C-G zoning district and 11- 2A-8 for the R-40 zoning district. Staff has reviewed the proposed plat and finds that all of the proposed lots comply with the minimum standards. The maximum building height is 65 feet in the C-G district; and 60 feet in the R-40 district. Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3 and 11- 3H-4. Access is proposed as discussed in Section VII above per the concept plan in Exhibit A.3. The UDC requires access to be taken from a local street when available; however, there is no local street access available to this site. One (1) access is proposed via N. Ten Mile Rd., an arterial street between Lost Rapids and Chinden Blvd.; two (2) accesses are proposed via US 20- 26/W. Chinden Blvd., a state highway; and two (2) accesses are proposed via Lost Rapids Dr., a collector street. New approaches directly accessing a state highway are prohibited; the applicant requests a variance to this standard (see analysis below in Section D). The applicant’s narrative states that primary service access for Costco delivery trucks and other local vendors will be from the driveway access via Ten Mile Road. A driveway via Lost Rapids Dr. is also available when access via the traffic signal at Ten Mile/Lost Rapids is needed. A self- imposed restriction is proposed by the applicant for a “no thru truck traffic” sign to be installed between the Tree Farm Way intersection and the Lost Rapids Dr. service driveway access. A cross-access/ingress-egress easement and driveways are required to be provided between all of the proposed lots in the subdivision and should be depicted on the plat. Improvements to US 20-26/Chinden Blvd. and Ten Mile Road are planned as follows: Phase 1: Chinden is to be widened to 4 lanes with signal/intersection upgrades from Tree Farm to Linder (1.5 miles); Ten Mile widened to 4 lanes from Chinden to Walmart (0.80 of a mile); and signals at Black Cat Rd. and Lost Rapids Dr. prior to Costco opening. Phase 2: Chinden widened to 4 lanes from Tree Farm to SH 16 (1.44 miles) within 2 years of Costco opening. In addition, Costco and the other commercial uses and residential units will pay impact fees in excess of $2 million to ACHD for local street system improvements. The street sections on Sheet C2.0 of the plat included in Exhibit A.4 depict Chinden widened to 4 travel lanes with 2 turn lanes within 140 feet of right-of-way; and N. Ten Mile Road widened to 5 lanes. Traffic Impact Study (TIS): A TIS was prepared for this development and submitted to ITD and ACHD for review with this application. Staff has not yet received comments from ACHD on this application. A letter was received from ITD in response to the TIS, included in Exhibit B.9. The letter states that the westernmost access via US 20-26 (1,160’ west of the US 20-26/Ten Mile intersection) will be allowed as a temporary right-in/right-out/left-in until such time as the highway is widened to 3 lanes in the eastbound direction, then, if not before, it will be limited to right-in/right-out; a 550’ long deceleration lane will be required. The driveway nearest the intersection (545’ east of the previous access and 615’ west of the intersection) will be allowed as a right-in/right-out; a 550’ long deceleration lane (including taper) is required, however, due to Meridian City Council Meeting Agenda April 24, 2018 – Page 367 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 286 of 902 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 20 the distance restriction between accesses, ITD may allow for a 10% decrease of the standard requirement. Landscaping: Landscaping is required to be provided with development in accord with the standards listed in UDC 11-3B. Street buffers are required to be provided along all streets as set forth in UDC Table 11-2B-3 and landscaped per the standards listed in UDC 11-3B-7C. A 35-foot wide street buffer is required along both US 20-26/W. Chinden Blvd. and N. Ten Mile Rd., both entryway corridors; and a 20- foot wide street buffer is required along W. Lost Rapids Dr., a collector street. Staff recommends the entire street buffer and pathway/sidewalk along N. Ten Mile Road and SH 20-26/W. Chinden Blvd. for the subdivision is constructed with the first phase of development. All commercial street buffers are required to be on a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners’ association. All residential street buffers are required to be on a common lot maintained by a homeowner’s association. A 25-foot wide buffer to residential uses is required to be provided with development on the C-G zoned portion of the site in accord with the standards listed in UDC 11-3B-9C. The concept plan depicts a buffer with dense landscaping between the commercial and residential portions of the site. The buffers should facilitate pedestrian access from the residential to the commercial development in accord with UDC 11-3B-9C.3. Parking lot landscaping will be required internally within the site in accord with the standards listed in UDC 11-3B-8C with development. Note: Landscaping associated with internal parking areas and residential common areas will be reviewed with future subdivision, Conditional Use Permit and/or Certificate of Zoning Compliance applications; these areas should be shown on the plan in a lighter line type. Open Space & Site Amenities: Qualified open space and site amenities are required to be provided in the multi-family (R-40 zoned) portion of the development (Lot 1, Block 1) in accord with the standards listed in UDC 11-3G-3 and 11-4-3-27C & D. A conditional use permit is required to be submitted for approval of the multi-family development in the R-40 district; compliance with these standards will be evaluated at that time. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. Detached sidewalks are required along N. Ten Mile Rd. & US 20-26/W. Chinden Blvd., both arterial streets; and along W. Lost Rapids Dr., a collector Street. Pathways: The UDC (11-3H-4C.4) requires a 10-foot wide multi-use pathway to be constructed in a public use easement within the street buffer along the frontage of this site on US 20-26/W. Chinden Blvd. The applicant should coordinate with Kim Warren, Park’s Department Pathways Project Manager 208-888-3579), regarding specifications for the pathway and the public use easement; the easement should be submitted to the Planning Division prior to signature on the final plat by the City Engineer. The pathway along US 20-26/W. Chinden Blvd. satisfies the requirement for a detached sidewalk. Waterways: There are no major waterways that cross this site. All ditches that cross this site should be piped as set forth in UDC 11-3A-6. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. Utilities: Street lights are required to be installed along public streets adjacent to the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved Meridian City Council Meeting Agenda April 24, 2018 – Page 368 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 287 of 902 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 21 by the City Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with the appropriate fire district standards. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed and will be served by Settler’s Irrigation district. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18. D. Variance (VAR): (Only applies to the C-G zoned portion of the site adjacent to US 20-26/W. Chinden Blvd.) The applicant requests a variance to UDC 11-3H-4B.2, which prohibits new approaches directly accessing a state highway (i.e. SH 20/26). The applicant requests approval of (2) accesses via US 20-26 as shown on the preliminary plat included in Exhibit A.4. A letter received from ITD dated October 18, 2017, included in Exhibit B, states that they will allow the two (2) proposed accesses via SH 20-26 with the improvements and spacing outlined in the letter. The UDC (11-5B-4) allows requests for a variance for the placement and/or number of access points to state highways. In order to grant a variance, the Council is required to make 3 findings: 1) the variance can’t grant a right or special privilege that isn’t otherwise allowed in the district; 2) the variance relieves an undue hardship because of characteristics of the site; and 3) the variance can’t be detrimental to the public health, safety, and welfare (see Exhibit D). Because staff can’t make all of the required findings listed in Exhibit D, staff is recommending denial of the proposed variance application. In summary, Staff recommends approval of the proposed CPAM and AZ applications with the requirement of a development agreement(s) that includes the provisions listed in Exhibit B with revisions to the concept plan consistent with the MU-R designation; approval of the PP application with the conditions contained in Exhibit B; and denial of the VAR application in accord with the Findings in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Existing & Proposed Future Land Use Map (REVISED) 3. Overall Conceptual Development Plan (dated: 1/12/2018) & Master Plan 4. Preliminary Plat (dated: 1/12/2018) 5. Landscape Plan (dated: 1/12/2018) 6. Conceptual Site Plan for Multi-Family Residential & 7. Conceptual Building Elevations (Photos & Renderings) 8. Costco Site Lighting Meridian City Council Meeting Agenda April 24, 2018 – Page 369 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 288 of 902 Lost Rapids – CPAM, AZ, PP, VAR H-2018-0004 PAGE 22 B. Agency and Department Comments and Conditions C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda April 24, 2018 – Page 370 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 289 of 902 2 - A. Drawings/Other Exhibit A.1: Vicinity/Zoning Map Meridian City Council Meeting Agenda April 24, 2018 – Page 371 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 290 of 902 3 - Exhibit A.2: Existing & Proposed Future Land Use Map (REVISED) Meridian City Council Meeting Agenda April 24, 2018 – Page 372 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 291 of 902 4 - Exhibit A.3: Overall Conceptual Development Plan (dated: 1/12/2018) & Master Plan & Pedestrian Circulation Plan Meridian City Council Meeting Agenda April 24, 2018 – Page 373 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 292 of 902 5 - Meridian City Council Meeting Agenda April 24, 2018 – Page 374 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 293 of 902 6 - Exhibit A.4: Preliminary Plat (dated: 1/12/18) Meridian City Council Meeting Agenda April 24, 2018 – Page 375 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 294 of 902 7 - Meridian City Council Meeting Agenda April 24, 2018 – Page 376 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 295 of 902 8 - Exhibit A.5: Landscape Plan (dated: 1/12/018) Meridian City Council Meeting Agenda April 24, 2018 – Page 377 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 296 of 902 9 - Meridian City Council Meeting Agenda April 24, 2018 – Page 378 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 297 of 902 10 - Meridian City Council Meeting Agenda April 24, 2018 – Page 379 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 298 of 902 11 - Meridian City Council Meeting Agenda April 24, 2018 – Page 380 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 299 of 902 12 - Exhibit A.6: Conceptual Site Plan for Multi-Family Development (dated: 9/5/2017) Meridian City Council Meeting Agenda April 24, 2018 – Page 381 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 300 of 902 13 - Exhibit A.7: Conceptual Building Elevations (Photos & Renderings) Meridian City Council Meeting Agenda April 24, 2018 – Page 382 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 301 of 902 14 - Single-Family Attached/Detached Units: Meridian City Council Meeting Agenda April 24, 2018 – Page 383 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 302 of 902 15 - Commercial: Meridian City Council Meeting Agenda April 24, 2018 – Page 384 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 303 of 902 16 - NOT APPROVED Meridian City Council Meeting Agenda April 24, 2018 – Page 385 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 304 of 902 17 - Meridian City Council Meeting Agenda April 24, 2018 – Page 386 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 305 of 902 18 - Exhibit A.8: Costco Site Lighting Meridian City Council Meeting Agenda April 24, 2018 – Page 387 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 306 of 902 19 - B. EXHIBIT B - AGENCY AND DEPARTMENT COMMENTS AND CONDITIONS 1. PLANNING DEPARTMENT Staff recommends the conceptual development plans in Exhibit A.3 & A.6 are revised prior to Commission action the City Council hearing on this application to address inconsistencies with development in the MU-R designation as discussed in Sections VII and IX above, as follows: a. Rearrange the site layout so that there is a transition in intensity of uses [e.g. single-family attached/detached residential to multi-family residential to commercial/retail/office to the most intense commercial (i.e. Costco)]. Most intense commercial uses should be located adjacent to the state highway (US 20-26/Chinden) and arterial street (Ten Mile), rather than abutting residential areas, especially low-density residential areas. b. Shift the fuel sales facility off the corner to the south near the driveway via Ten Mile Rd.; or, to the west near one of the driveways via US 20-26/Chinden Blvd. (if the driveway(s) are approved by Council and ITD). c. Include a landscaped design/entryway feature at the northeast corner of the site adjacent to the US 20- 26/Ten Mile intersection for beautification purposes at the City’s entryway corridor. d. Shift the driveway access to/from the site via Lost Rapids further to the west away from the Ten Mile/Lost Rapids intersection to alleviate traffic congestion at the intersection. e. Integrate the commercial with the residential portions of the development through the provision of pathways and/or vehicular connections and changes to the site layout that may include re-positioning of buildings so that the rears of buildings aren’t facing abutting uses. f. In the commercial/office portion of the development, the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. g. Include supportive and proportional public and/or quasi-public spaces and places as desired in MU-R designated areas (see Comprehensive Plan, page 28). h. Site access should be designed to prioritize and encourage access from Ten Mile and Lost Rapids, rather than a State facility (i.e. US 20-26). i. A pedestrian circulation plan should be submitted demonstrating pedestrian interconnectivity within the overall site. Submitted (Included in Exhibit A.3) 1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer(s). Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA(s). The DA(s) shall be signed by the property owner(s) and returned to the Planning Division within six (6) months of the City Council granting annexation. a. The DA for the property owned by Brighton Corporation (the R-15 zoned property) shall, at minimum, incorporate the following provisions: 1. Future development of this site shall substantially comply with the conceptual development plan and building elevations included in Exhibit A and the conditions included in Exhibit B of the staff report. 2. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual, as applicable. Meridian City Council Meeting Agenda April 24, 2018 – Page 388 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 307 of 902 20 - 3. Noise abatement in accord with the standards listed in UDC 11-3H-4D shall be provided for residential uses adjoining US 20-26/W. Chinden Blvd. 4. Qualified open space and site amenities shall be provided within the development in accord with the standards listed in UDC 11-3G-3 for residential developments. 5. Prior to issuance of any building permits on the subject property, the property shall be subdivided. 6. Prior to issuance of the first Certificate of Occupancy within this development, the road widening improvements required by the Idaho Transportation Department associated with this development shall be completed. b. The DA for the property owned by GFI – Meridian Investments II, LLC (the C-G and R-40 zoned property for the future Costco site) shall, at minimum, incorporate the following provisions: 1. Future development of this site shall substantially comply with the conceptual development plan, preliminary plat, and landscape plan and conceptual building elevations included in Exhibit A and the conditions contained herein. 2. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. 3. A mix of uses at least three types of land uses [i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial] shall be provided within this development as proposed. Note: The medium density residential uses on the western portion of the development area included in a separate development agreement will count as one of the land use types (i.e. residential). 4. Up to two (2) building permits for the Costco Wholesale and associated fuel sales facility structures are allowed to be issued on the subject property prior to recordation of the subdivision plat. 5. Prior to issuance of any building permits on this site, a property boundary adjustment application shall be approved and a Record of Survey recorded for the reconfiguration of existing parcels to coincide with the boundary of the preliminary plat. 6. Provide a detached 10-foot wide multi-use pathway within the street buffer along US 20-26/W. Chinden Blvd. as set forth in UDC 11-3H-4C.4. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division prior to submittal of the final plat for City Engineer signature and will be subsequently approved by City Council and recorded. The applicant shall coordinate with Kim Warren, Park’s Department Pathways Project Manager (208- 888-3579), regarding specifications for the pathway and easement. 7. The street buffer landscaping and 10-foot wide multi-use pathway/sidewalk along the entire frontage of US 20-26/Chinden Blvd. and street buffer landscaping and 5-foot wide sidewalk along the entire frontage of N. Ten Mile Road shall be constructed with the first phase of development. 8. Business hours of operation in the C-G zoning district are limited from 6:00 am to 11:00 pm when the property abuts a residential use or district; extended hours of operation may be requested through a conditional use permit as set forth in UDC 11-2B-3A.4. 9. Qualified open space and site amenities shall be provided within the multi-family portion of the development in accord with the standards listed in UDC 11-3G-3 for residential developments and 11-4-3-27 for multi-family developments. Meridian City Council Meeting Agenda April 24, 2018 – Page 389 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 308 of 902 21 - 10. A conditional use permit is required for a multi-family development in the R-40 zoning district as set forth in UDC Table 11-2A-2; compliance with the specific use standards listed in UDC 11-4- 3-27, Multi-Family Development, is required. 11. A buffer planted with dense landscaping consistent with the Master Plan in Exhibit A.3 is required on the commercial portion of the development to the residential uses as set forth in UDC Table 11-2B-3 in accord with the standards listed in UDC 11-3B-9C. 12. A maximum gross density of 24 residential units per acre is allowed to develop within the multi- family residential portion this site. 13. As committed to by the Applicant/Developer in response to neighborhood concerns, the following restrictions shall apply: a. The primary service access for Costco delivery trucks and other local vendors shall be from the driveway access via N. Ten Mile Road, approximately 660 feet north of W. Lost Rapids Drive. The driveway access via W. Lost Rapids Drive driveway, approximately 350 feet west of N. Ten Mile Road, may be used when access to the Lost Rapids/Ten Mile traffic signal is needed. Businesses within the development shall notify their delivery providers of this access preference. b. A “no thru truck traffic” sign shall be installed between the N. Tree Farm Way intersection and the W. Lost Rapids Dr. service driveway access. c. No deliveries shall take place for Costco between the hours of 10:00 pm and 5:00 am. d. Parking lot lighting shall be designed for 0.0 foot-candles at the property line in accord with UDC 11-3A-11C. e. Lighting on the site shall be reduced to the level necessary only for public safety and security purposes within one (1) hour of closing; there shall be a 50% reduction in lighting levels after store closes consistent with that shown in Exhibit A.8. 14. The Applicant/Developer shall coordinate with Valley Ride Transportation (VRT) to determine if an ADA bus stop is needed on this site; written documentation from VRT should be submitted. 15. Prior to issuance of the first Certificate of Occupancy within this development, the following improvements shall be completed: SH 20-26/W. Chinden Blvd. shall be widened to 4 lanes with signal/intersection upgrades from Tree Farm to Linder (1.5 miles); N. Ten Mile Rd. shall be widened to 4 lanes from Chinden to Walmart (0.80 of a mile); and signals shall be installed at N. Black Cat Rd. and W. Lost Rapids Dr. 16. If within two (2) years of issuance of the Certificate of Occupancy for the Costco Wholesale building, assuming the Idaho Transportation Department has obtained is able to secure the necessary required right-of-way, SH 20-26/W. Chinden Blvd. shall be widened to four (4) lanes from N. Tree Farm Way to SH-16 (1.44 miles). 17. This agreement shall be amended in the future to include conceptual building elevations for the Costco store as discussed at the hearing on April 3, 2108. The conceptual elevations included in Exhibit A.7 of the staff report are not approved. c. The DA for the property owned by GFI – Meridian Investments II, LLC (the C-G and R-40 zoned property, excluding the Costco site) shall, at minimum, incorporate the following provisions: 1. Future development of this site shall substantially comply with the conceptual development plan, preliminary plat, landscape plan and conceptual building elevations included in Exhibit A and the conditions contained herein. Meridian City Council Meeting Agenda April 24, 2018 – Page 390 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 309 of 902 22 - 2. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. 3. Prior to issuance of any building permits on this site, a property boundary adjustment application shall be approved and a Record of Survey recorded for the reconfiguration of existing parcels to coincide with the boundary of the preliminary plat. 4. With the first phase of development, provide a detached 10-foot wide multi-use pathway within the street buffer along US 20-26/W. Chinden Blvd. as set forth in UDC 11-3H-4C.4. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division prior to submittal of the final plat for City Engineer signature and will be subsequently approved by City Council and recorded. The applicant shall coordinate with Kim Warren, Park’s Department Pathways Project Manager (208-888-3579), regarding specifications for the pathway and easement. 5. The street buffer landscaping and 10-foot wide multi-use pathway/sidewalk along the entire frontage of US 20-26/Chinden Blvd. and street buffer landscaping and 5-foot wide sidewalk along N. Ten Mile Road shall be constructed with the first phase of development. 6. Business hours of operation in the C-G zoning district are limited from 6:00 am to 11:00 pm when the property abuts a residential use or district; extended hours of operation may be requested through a conditional use permit as set forth in UDC 11-2B-3A.4. 7. Qualified open space and site amenities shall be provided within the multi-family portion of the development in accord with the standards listed in UDC 11-3G-3 for residential developments and 11-4-3-27 for multi-family developments. 8. A conditional use permit is required for a multi-family development in the R-40 zoning district as set forth in UDC Table 11-2A-2; compliance with the specific use standards listed in UDC 11-4- 3-27, Multi-Family Development, is required. 9. A buffer planted with dense landscaping consistent with the Master Plan in Exhibit A.3 is required on the commercial portion of the development to the residential uses as set forth in UDC Table 11-2B-3 in accord with the standards listed in UDC 11-3B-9C. 10. A maximum gross density of 24 residential units per acre is allowed to develop within the multi- family residential portion this site. 11. The Applicant/Developer shall coordinate with Valley Ride Transportation (VRT) to determine if an ADA bus stop is needed on this site; written documentation from VRT should be submitted. 12. Prior to issuance of the first commercial Certificate of Occupancy within this development, the following improvements shall be completed: SH 20-26/W. Chinden Blvd. shall be widened to 4 lanes with signal/intersection upgrades from Tree Farm to Linder Rd. (1.5 miles); N. Ten Mile Rd. shall be widened to 4 lanes from Chinden to Walmart (0.80 of a mile); and signals shall be installed at N. Black Cat Rd. and W. Lost Rapids Dr. 1.2 Site Specific Conditions – Preliminary Plat 1.2.1 The preliminary plat included in Exhibit A.4, dated 1/12/2018, shall be revised as follows: a. Depict a cross-access/ingress-egress easement between all lots within the subdivision. b. Note #5: “Lot 14 15 is a non-buildable lot . . .” c. Under Preliminary Plat Data, Zoning, Proposed Zoning, C-G (Lots 2-1415) d. Depict the street buffers within the residential (R-40 zoned) portion of the development within a common lot maintained by the homeowner’s association; and the commercial (C-G zoned) portion of Meridian City Council Meeting Agenda April 24, 2018 – Page 391 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 310 of 902 23 - the development within a common lot or on a permanent dedicated buffer maintained by the property owner or business owners’ association in accord with UDC 11 -3B-7C.2. 1.2.2 The landscape plan included in Exhibit A.5, dated 1/12/2018, shall be revised as follows: a. All internal landscaping and the site plan should be shown in a lighter line type; only street buffer improvements should be shown. 1.2.3 The entire street buffer and pathway/sidewalk along N. Ten Mile Road and US 20-26/W. Chinden Blvd. shall be constructed with the first phase of development. 1.2.4 The applicant shall coordinate with Valley Regional Transit to determine if an ADA bus stop is needed at this location. 1.2.5 All fencing shall comply with the standards listed in UDC 11-3A-7. 1.3 General Conditions of Approval – Preliminary Plat 1.3.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.3.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.3.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B- 8C, and Chapter 3 Article C. 1.3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C streets). 1.3.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 1.3.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.3.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.3.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.3.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.3.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the design standards listed in the Architectural Standards Manual. 1.3.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.3.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7. 1.4 Ongoing Conditions of Approval – Preliminary Plat Meridian City Council Meeting Agenda April 24, 2018 – Page 392 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 311 of 902 24 - 1.4.1 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.5 Process Conditions of Approval – Preliminary Plat 1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.5.2 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit applications for the single-family attached, multi-family and commercial structures. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The 12-inch diameter water main in N. Ten Mile Road will need to be extended north to the point where it changes direction and enters the site. From that transition point into the site, the mainline size shall drop down to an 8-inch diameter. This project will be served from water pressure zone 2. The existing water mainline stub into the property west of the PRV located in W. Lost Rapids shall either be abandoned per meridian Public Works standards, or preserved as an emergency interconnect between pressure zone 1 and 2. 2.1.2 The conceptual engineering submitted with this application do not show any of the proposed routing of sanitary sewer or water through the multi-family portion of the development. Applicant shall be required to complete a looped system through the area to connect to the mainline along the back of Costco. 2.1.3 A street light plan will need to be included in the final plat and/or building permit application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. 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. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the Meridian City Council Meeting Agenda April 24, 2018 – Page 393 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 312 of 902 25 - primary source. If a surface or well source is not available, a single-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 prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 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. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375- 5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 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. 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for Meridian City Council Meeting Agenda April 24, 2018 – Page 394 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 313 of 902 26 - any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 Pedestrian connectivity should be provided between the residential developments and the commercial development. 3.2 Security and safety lighting should be provided within the multi-family portion of the development on all the micro pathways between the buildings and to the parking lots and open space/play areas. 3.3 The loading dock area for the Costco shall be screened for both sight and sound; or, enclosed. 4. FIRE DEPARTMENT 4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have a Storz LDH connection in place of the the 4 ½” outlet. The Storz connection may be integrated into the hydrant or an approved adapter may be used on the 41/2" outlet. b. Fire hydrants shall have the Storz outlet face the main street or parking lot drive aisle. c. Fire hydrants shall be placed on corners when spacing permits. d. Fire hydrants shall not have any vertical obstructions to outlets within 10’. e. Fire hydrants shall be placed 18” above finished grade to the center of the Storz outlet. f. Fire hydrants shall be provided to meet the requirements of the Meridian Water Dept. Standards. g. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.2 In accordance with International Fire Code Section 503.2.5 and Appendix D, 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. 4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. Meridian City Council Meeting Agenda April 24, 2018 – Page 395 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 314 of 902 27 - 4.4 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.7 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the (west/east/north/south). 4.8 Commercial and office occupancies will require a fire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 4.9 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.10 Provide a Fire Department Key box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.11 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1 and Meridian Amendment 10-4-1. 4.12 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1 and Meridian Amendment 104-4-1. 4.13 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.14 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 4.15 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-1. 4.16 The Fire Department will require Fire Department locking Connection caps on all FDC inlets. IFC 102.9. 4.17 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.18 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection IFC 503.4.1. 4.19 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet ( 9144mm) or three stories in height shall have at least two means of fire apparatus access for each structure. 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 as set forth in International Fire Code Appendix D104.1. Meridian City Council Meeting Agenda April 24, 2018 – Page 396 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 315 of 902 28 - 4.20 COMMERCIAL AND INDUSTRIAL - Buildings or facilities having a gross building area of more than 62,000 square feet (5760 m2) shall be provided with two separate and approved fire apparatus access roads separated by one half of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses as set forth in International Fire Code Appendix D104.2. Exception: Projects having a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire apparatus access road and all buildings are equipped throughout with approved automatic sprinkler systems. (Remoteness Required) 4.21 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall be required to provide an additional sixty inch (60”) wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code compliant handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details. 5. REPUBLIC SERVICES 5.1 Please coordinate trash enclosure design and locations with Bob Olson, Republic Services (208-345-1265 office, or 208-371-1745 cell; or, email: ROlson@republicservices.com ) prior to submittal of a Certificate of Zoning Compliance application. Also, provide provisions for recycling. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comments onthis application at this time. 7. COMMUNITY DEVELOPMENT DEPARTMENT - COMPREHENSIVE PLANNING DIVISION COMMENTS Comprehensive Plan Analysis The following analysis for the Lost Rapids application is based on adherence of the proposed site concept plan and narrative with the City of Meridian Comprehensive Plan. Included are general comments and analysis based on the text and policy statements of the Comprehensive Plan. General Comments: The subject property is located on the southwest corner of Ten Mile Road and Chinden Blvd (US-20/26), is 2-miles east of US-16, and 5-miles north of Interstate 84. Ten Mile Road, between Chinden and I-84, is improved with 2-lanes between Chinden and Ustick and 5-lanes south of Ustick to I-84. The future land use designations for the subject site are Medium Density Residential and Mixed Use Community. These two land uses allow for and encourage a transition of residential densities with supportive commercial opportunities. The application proposes changing the Medium Density Residential and Mixed Use Community future land use designation to the Mixed Use Regional designation for all 70 acres. While the property is proposed to be mixed use regional, the conceptual site plan shows two distinct, separate projects. One is medium density residential (west side), as the Future Land Use Map currently shows and allows, and the other is commercial with some high density residential (north and south respectively). There are no connections made between these two projects, either pedestrian or automotive, and no integration or “mix” of uses are shown or described. Staff recommends better integration of the various land use types (single-family, commercial and multi-family) proposed. Meridian City Council Meeting Agenda April 24, 2018 – Page 397 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 316 of 902 29 - Analysis Specific to Text: The Comprehensive Plan provides the following description for the Mixed Use Community designation, the current designation for a portion of this property. The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Non-residential buildings in these areas have a tendency to be larger than in Mixed Use—Neighborhood areas, but not as large as in Mixed Use – Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. Medium Density Residential which allows for residential densities ranging between 3 and 8 units per acre works well adjacent to Mixed Use Community, which has a target residential density of 6 to 15 units per acre. These two land use types can be seamlessly integrated and allow for full compliance with the specific policies of Mixed Use General and Mixed Use Community policies. The Comprehensive Plan provides the following description for the Mixed Use Regional future land use, the designation proposed by the Applicant. The purpose of this designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. For example, an employment center should have support retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the development. The developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5. The application does not clearly indicate why the City would be better served by Mixed Use Regional or more specifically by a Costco at the subject location, rather than within an already adopted Mixed Use Regional location located closer to the Highway 16 and US-20/26 intersection. The application does show north Meridian (and all of northern Ada and Canyon counties) as being “underserved” and distant from existing Costco sites in Nampa and Boise, but neither this or prior studies explain why the community is better served by a regional project than a community sized project currently envisioned. By proposing a Costco with unique traffic and circulation patterns on a smaller commercial portion of the site, connectivity and integration requirements are difficult. This isn’t to suggest that Costco is bad, quite the contrary, only that size and configuration of very distinct and separate developments presents some formidable challenges for a site with Costco, and within a mixed use designation. Meridian City Council Meeting Agenda April 24, 2018 – Page 398 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 317 of 902 30 - Figure 3-5 from the Comprehensive Plan With regard to proposed residential components, the bulk of the single-family product (west side) is described as between 5 and 8 dwelling units per acre and is consistent with the adopted Medium Density Residential (MDR) land use. The requested R-15 zoning designation is atypical for MDR, but the applicant describes it as an age-restricted product type with specific lot dimensional needs. This portion of the proposed application may be consistent with the adopted future land use. It may also be consistent with the Mixed Use Regional designation, provided significant improvements are made to the interrelated connectivity improvements of the larger site. The application does not however indicate why high density residential (in excess of what would be allowed under MU-C) is proposed to the south. There is currently no major employment in the area and Costco is the only regional use proposed with the application. All other minor pad sites would likely be allowed within the MU-C designation (though a different configuration would be preferred) and do not constitute an employment area as described by the Comprehensive Plan. It could simply be that the application is proposing higher density residential because of density targets within the proposed Mixed Use Regional designation, but the minimum density range is only six dwelling units per acre. The proposed application does not show or describe any integrated public or quasi-public open space, community serving facilities such as churches, schools, or parks, the retail and services are separated and only indirectly accessible to proposed residential, and the commercial areas do not show or describe any type of plaza or gathering areas. The open space in the proposed residential areas (R-15 and R-40) contributes to the required open space for those designations, but is not centralized or designed to integrate the various uses. The proposed uses are all shown in distinct areas, separated by drive aisles, streets, and tall impassable berms and fencing. Only indirect public sidewalks facilitate access between different uses at the perimeter. There are no pedestrian focused areas or pathway connections to comingle neighborhood serving type uses and the community. As previously stated, a Mixed Use development by the City’s standards is not simply several types of uses. All of the missing elements discussed within the context of the mixed use text are intended to interrelate and activate different uses. Without many of these tenants, the basic principles of the City’s mixed use standards are not met. What is proposed is really no different than what may occur within a Meridian City Council Meeting Agenda April 24, 2018 – Page 399 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 318 of 902 31 - traditional Medium Density Residential project adjacent to a Commercial project. While some of the desired element opportunities, such as a church and public park are near the site, neither are integrated into the fabric of any portion of the proposed mixed use area, nor are smaller or similar opportunities described or shown to interrelate the proposed uses. All of these missing elements would help to justify having higher density residential because they would better integrate the varying uses. Without these it’s unclear why high density is appropriate, at least with regards to the text of the Comprehensive Plan and more specifically to the mixed use standards. The application narrative also states and implies that commercial development along a State Highway should be regional in scale and that direct access is the best approach. While this may be what is in the best interest of a potential user(s), and is easily understood, this is not suggested or supported by Comprehensive Plan text or policies, or by City code. In fact, this is not necessarily typical of development in other areas. A Costco in Tigard, OR for example is adjacent to the intersection of a State freeway and highway, but does not take access from either. Instead it faces an internal collector road way connecting to the adjacent highway. Costco’s “back” is to the state facilities and it faces the collector roadway. Similarly the Winco across the street from the Tigard Costco facility also faces the collector roadway. Several Costco stores near the Portland International Airport, Aloha, Clackamas, Hillsboro, and Willsonville similarly either do not take direct access from mobility highways, instead fronting frontage/backage roads or “local” arterials, or are not located on any similar state mobility corridor. Costco facilities in Nampa and Boise are both located near to, but off of, State facilities, instead taking access from roadways with drastically fewer vehicles than existing and planned traffic on US-20/26. That these other facilities do not take direct access is important because local congestion, into and out of the site, does not directly impact the State facilities. A primary entryway drive aisle backed up and onto a State facility could hinder regional traffic. Given the peak hour congestion at other Costco sites, a scenario such as this does not seem far-fetched. In fact, the adjacent roadways to both of these existing Costco sites bear these types of problems. The Applicant’s narrative also suggests that it is in the communities’ best interest that access to Chinden be provided, to alleviate and prevent auto traffic impacts on the existing neighborhood. The application states that, this project will generate a substantial amount of patron and delivery truck traffic that would be detrimental to the surrounding neighborhoods should it be forced out onto the local and collector streets alone. Critical to this project's success, and to that of Costco specifically, is the ability to provide egress/ingress to/from Chinden Boulevard through two dedicated access points. The application also states however that deliveries will be limited, with no traffic between 10:00 PM and 5:00 AM. It also appears that access to Lost Rapids near to Ten Mile could be designed in a way to accommodate heavy truck traffic, minimizing impacts to existing residential regardless of hours. Lost Rapids is a collector roadway and intended to serve more than just local residential traffic, and Staff believes any necessary capacity improvements could be made to Lost Rapids to bear additional traffic burdens without creating new points of conflict and congestion on the State system. The State facility is arguably more important than local roadway impacts, not just for the locals using it to commute, but for all regional users. Again, Costco has a proven record both locally and within other metropolitan areas of operating both off of and without any direct access to mobility highways. Clearer justification or rationale beyond that they want it should be provided to justify it as being in the City’s best interest. It is generally understood that it would benefit their operations and business, but regardless of any widening that may be done to US-20/26, any additional access will create points of conflict and reduce level of service. While stating that ITD approved a traffic study is an accomplishment and an important step for the proposed application, this does not mean that it’s in Meridian best interest. The applicant is also proposing to enter into a STARS agreement with ITD but it is Meridian staff’s understanding that the agreement has not yet been finalized. Essentially, the applicant is proposing to improve US 20/26 to four lanes between Linder Meridian City Council Meeting Agenda April 24, 2018 – Page 400 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 319 of 902 32 - and Lost Rapids before Costco opens and then improve the highway to four lanes further west, to SH-16 within two years. Staff is not stating or implying that a future land use amendment may be inappropriate or outside of the City’s best interest, only that the site layout as depicted and described is not typical of all Costco stores; that no justification of need for direct or primary access to mobility highway is described relative to City policies; and that the mixed use concept shown does not generally align with text of the Comprehensive Plan. General Mixed Use Text Analysist Per the Comprehensive Plan, while reviewing development applications, the following items will be considered in all Mixed Use areas: o Residential densities should be a minimum of six dwellings/acre. Proposed residential densities described by the application and within or near to the proposed mixed use designation are between 20 and 24 units per acre. The medium density residential portion of the site is described as being between 5 and 8 dwelling units per acre. o Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69. The subject application is located adjacent to US 20/26. However, this area is not an employment destination today such as Silverstone, El Dorado, the Ten Mile Interchange Specific Area Plan, the Pine corridor near Eagle Rd, or the St Luke’s & Portico area, but there is potential for there to be employment centers in the future. o A conceptual site plan for the entire mixed use area should be included in the application. A conceptual site plan has been provided with the Lost Rapids application for the entire area. o In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. The smaller pads sites with the proposed application are not detailed and do not describe common areas. Future buildings should be arranged to create some form of common, usable area(s). o The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low- or medium-density residential development. The proposed application is not immediately adjacent to any existing low or medium density homes. Adjacent proposed single-family homes are described as being separated by tall berms and dense vegetation. o A mixed use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. The proposed site plan only explicitly describes commercial and residential uses, but two different types of residential are proposed (single-family and multi-family). No dedicated offices or services type uses are shown (though they may occur on the pad sites). o Community-serving facilities such as hospitals, churches, schools, parks, daycares, civic buildings, or public safety facilities are expected in larger mixed use developments. There are no community-serving facilities as defined above integrated into the mixed use development. A church and park are nearby. All required open space amenities are centralized within their respective developments without any shared facilities nearer to or within the commercial areas. Meridian City Council Meeting Agenda April 24, 2018 – Page 401 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 320 of 902 33 - o Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count. There are no public or quasi-public spaces shown or described as part of the proposed application. o All mixed use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians. There are only in-direct connections to existing and proposed neighborhoods. The proposed future neighborhood to the west has no direct access, pedestrian or automotive, to the commercial uses. However, Lost Rapids Drive is a collector that allows Bainbridge access without having to get on the arterial roadway network. o Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code. There is an existing collector roadway, Lost Rapids, adjacent to the proposed site and complies with ACHD’s Master Street Map. Mixed Use Regional Text Analysis In reviewing development applications, the following items will be considered in MU-R areas: o Development should generally comply with the general guidelines for development in all Mixed Use areas. See General Mixed Use Text Analysis. o Residential uses should comprise a minimum of 10% of the development area at densities ranging from six to 40 units/acre. Within the proposed application, residential densities are described by the application as being between 5 to 8 and 20 to 24 units per acres and comprise 87 of the mixed use regional area. 58% of the site is proposed as residential. o Retail commercial uses should comprise a maximum of 50% of the development area. Within the proposed mixed use area, retail uses are approximately 42% of the area. Some of the smaller pad sites may be office or service uses. o There is neither a minimum nor maximum imposed on non-retail commercial uses such as office, clean industry, or entertainment uses. No non-retail commercial uses are shown, except that some office may occupy pad sites. o Where the development proposes public and quasi-public uses to support the development, the developer may be eligible for additional area for retail development (beyond the allowed 50%), based on the ratios below: The development does not show or describe any public or quasi-public uses integrated within the mixed use area. The developer is showing approximately 42% of the site as being retail, which is less than the maximum 50% area. o For land that is designated for a public use, such as a library or school, the developer is eligible for a 2:1 bonus. That is to say, if there is a five-acre library site, the project would be eligible for ten additional acres of retail development. No public uses are shown or proposed. o For active open space or passive recreation areas, such as a park, tot-lot or playfield, the developer is eligible for a 2:1 bonus. That is to say, if the park is 10 acres in area, the site would be eligible for 20 additional acres of retail development. Meridian City Council Meeting Agenda April 24, 2018 – Page 402 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 321 of 902 34 - No public or quasi-public open space or passive recreation areas are shown or described. The only qualified open space shown private as part of the individual residential components. Analysis Specific to the Policy Statements: o 3.01.01B, “Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts, school enrollment, parks, etc).” ACHD was provided with a traffic impact study, but as of the writing of this report, the analysis was not complete. The application was forwarded on to partner agencies and other City Departments for analysis of impacts to services. o 3.01.01F, “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” The proposed project is located in an area where development has and is already occurring, and City services are all readily available in the vicinity. o 3.01.01G, “Evaluate development proposals based on physical, social, economic, environmental, and aesthetic criteria.” The proposed site plan indicates large landscape buffers and generally appealing architectural designs. Offsite impacts such as trucks and lighting are described or shown as being reduced, and the high density residential is on a major transportation corridor. It is unclear however how the proposed site development furthers inclusive mixed use design elements, or how the proposed future land use designation and site plan is better for the neighbors and City than a development with more neighborhood and community accessible services. o 3.01.01J, “Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning.” City Staff has been coordinating with both the applicant and the transportation agencies (ACHD and ITD) on this project. The proposed project will preserve right-of-way for future US Highway 20/26 widening projects. In fact, the applicant is proposing to enter into a STAR agreement with ITD to make some off-site improvements to US 20/26. These improvements would widen the highway to 4-travel lanes and improve impacted intersections in conjunction with ITD’s project to widen the corridor from Eagle Road. The Commission and Council should consider ACHD’s and ITD’s comments when determining appropriate access and circulation for this site. The City has policies limiting access points to arterial roadways and State highways. The submitted site plan shows two direct access points to a State Highway, including one full access, and one access point to Ten Mile Road, an arterial street. Every additional access is a point of conflict that can impact roadway functionality. Costcos can be busy and congestion at facilities in both Boise and Nampa spill over onto adjacent roadways (none of which are State facilities). Traffic waiting to exit out onto the signal at Cole at the Boise facility, backs up to the point of blocking vehicles from exiting parking stalls. This slows vehicles entering into the site. Staff recommends that site access be designed to prioritize and encourage access from Ten Mile and Lost Rapids, rather than a State facility. o 3.03.02G, “Consider the adopted COMPASS regional long-range transportation plan in all land- use decisions.” The Communities in Motion (CIM) 2040 Plan identifies US 20/26 as a priority corridor with a typology of expressway. It is currently listed as an “unfunded” priority, though some early improvements are pending. The following is a summary from the CIM US 20/26 Priority Corridor Summary. As a major mobility highway, US 20/26 is experiencing congestion along much of its length but especially between Linder Road and State Highway 55 (Eagle Road), a stretch with only two travel lanes. US 20/26 has been a regional priority for a number of years but it remains Meridian City Council Meeting Agenda April 24, 2018 – Page 403 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 322 of 902 35 - unfunded, causing traffic to divert to other routes such as McMillan Road. In addition to high traffic levels on this road, the intersection with State Highway 55 (Eagle Road) is ranked #2 on ITD’s list of high-accident locations. By 2040, daily traffic between Middleton Road and State Highway 55 is expected to increase substantially. o From Middleton Road to Star Road, traffic is projected to more than double, from 12,000 in 2013 to 30,000 in 2040. o From Star Road to Linder Road, traffic is projected to double, from 14,000 in 2013 to 28,000 in 2040. This would be similar to current traffic on US 20/26 (Chinden Boulevard) in Garden City. o From Linder Road to State Highway 55 (Eagle Road), traffic is projected to increase 80%, from 21,000 in 2013 to 38,000 in 2040. This would be similar to current traffic on Eagle Road north of US 20/26. o Rush hour driving time between Middleton Road and Glenwood Street is expected to more than double, from 25 minutes in 2013 to 60 minutes in 2040.” o 3.03.02N, “Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage / backage roads.” There is only one existing farm access road which bisects the existing farm fields, half-way between Ten Mile Road and Lost Rapids Drive. There are no existing public access points on either the State facility or Ten Mile Road. The entire property has access from an improved collector roadway to the west and south of the site which may act and function as a backage road. o 3.03.03E, “Except in North Meridian and the Ten Mile Specific Area, where a specific collector system is planned, realize continuous collectors at regular intervals around the north-south and east-west half-mile lines within the undeveloped sections of Meridian's Area of City Impact at the time of new development. Such collectors should be the primary designated bike lane routes in lieu of arterial streets, whenever possible.” Lost Rapids is an existing collector roadway that connects into Tree Farm Way to the north, across Chinden Blvd, and extends to the east across Ten Mile Rd into Lochsa Falls. o 3.03.04K, “Consider ACHD's MSM (Master Street Map) in all land use decisions” With the exception of Chinden Blvd (which is an ITD facility), the arterial and collector roadways shown on ACHD’s street map are already improved or scheduled for widening. o 3.04.01G, “Protect citizen investments in existing public facilities (water, sewer, streets, fire, police, etc.) by encouraging controlled growth through development application reviews and development agreements.” The proposed project is surrounded by urban development and would be well served by the City. o 3.04.01H, “Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” Public Works, Police, and Fire were all invited to pre-application and project review meetings. Further, they are invited as part of a comments meeting. Their comments and conditions, if provided, are included as part of the staff report. o 3.05.01E, “Locate small-scale neighborhood commercial areas within planned residential developments as part of the development plan.” Meridian City Council Meeting Agenda April 24, 2018 – Page 404 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 323 of 902 36 - Future and existing residential areas are located on the backside of Costco, with the small-scale neighborhood serving type pad sites generally located furthest from existing and proposed neighborhoods. This layout is inconsistent with the intent of Mixed Use designation, Figure 3-5, and the purpose of backage and collector type roadways. o 3.05.01J, “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” This area is planned for some commercial uses and the proposed site plan would expand resident and stakeholder access to closer commercial and retail opportunities. o 3.05.03A, “Identify transitional areas to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses.” Potential low intensity users are located away from existing and proposed residential areas and do not provide a buffer. The high density residential does buffer Costco impacts from existing residential, which is similarly buffered from the existing low density residential by a collector roadway with wide landscape buffers. o 3.06.01F, “Protect existing residential properties from incompatible land use development on adjacent parcels.” The nearest existing residential developments are separated by collector and arterial roadways. Additional landscaping will separate proposed residential uses from commercial uses (Costco). The application narrative indicates that no deliveries will take place between 10:00 PM and 5:00 am, that commercial truck deliveries will be restricted away from residential, and that all lighting will be shielded and 0.0 foot candles at property lines. o 3.06.01H, “Support land uses that do not harm natural systems and resources.” The existing land is farmed and there are no natural systems which remain to be protected. o 3.06.02D, “Restrict private curb cuts and access points on collectors and arterial streets” The proposed site plan and application requests direct access to Ten Mile Road located roughly half-way between Lost Rapid, a collector roadway s and Chinden Blvd, a State highway and a mobility corridor. o 3.06.02H, “Coordinate with ACHD, ITD, COMPASS, and other agencies to determine future infrastructure plans, transportation corridors, highway alignments, etc. and allow only compatible adjacent land uses, appropriate site designs and traffic patterns.” ACHD, ITD, and COMPASS have all been provided an opportunity to review and comment on the proposed application. ITD and ACHD have both held several additional meetings to review and discuss the proposed application. Agency staffs continue to discuss what “appropriate” and compatible” site design and traffic patterns entail. Staff recommends the Commission and Council consider any additional comments or conditions that are provided by ACHD, ITD or COMPASS. o 3.07.01D, “Adopt land use designations that will allow for housing opportunities for all income levels.”” The adopted future land use designations allow for a variety of housing types that may be attractive to all income levels. The applicant is proposing to annex and zone portions of the site as R-15 (Medium-high Density Residential) and R-40 (High Density Residential).The proposed residential is within the specified area and range described in the Comprehensive Plan, but the overall concept plan lacks many of the mixed use elements necessary for it to be integrated successfully as a mixed use project. See the General Mixed Use text analysis. o 3.07.02D, “Provide housing options close to employment and shopping centers” The proposed project would provide additional shopping opportunities for existing and proposed residents. However, Staff is concerned that the site plan does not provide adequate pedestrian Meridian City Council Meeting Agenda April 24, 2018 – Page 405 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 324 of 902 37 - connections between residential and retail uses. This proposed location is not within a current employment area. o 3.07.02L, “Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” The proposed high-density residential is near two parks (Keith Bird Legacy and Heroes’ Park) and a major access thoroughfare (US-20/26). o 3.07.03B, “Provide for a wide diversity of housing types (single-family and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” The proposed site plan would add to Meridian’s diversity of housing, and provides for high density residential in close proximity to a major transportation corridor. The density of residential was not however justified well, particularly in light of the applications compliance with the mixed use standard and that it would exceed densities allowances within the adopted MU-C land use. o 7.01.01F, “Integrate land use and transportation planning to ensure that they mutually support the communities' goals and desires.” City and transportation agencies have met multiple times to discuss the subject project. With some changes to the proposal, staff believes the project could support the communities’ goals and desires. Summary Comments and Recommendation: In summary, the proposed application and concept plan is not generally consistent with either of the proposed future land use designations. The major and only envisioned anchor, Costco, is entirely auto centric and there is limited opportunities given the store size and remaining commercial area to meet the intent of any mixed use designation. The proposed configuration, centralized on the site and facing Chinden, is not ideal for the existing and proposed community. Rather than using the collector as a backage road and integrating less intense retail and office type uses adjacent the existing neighborhood, the collector is used as secondary access. Given the size of the commercial area left after Costco, and unless commercial portions of the site are rotated 180-degrees to be inclusive with the existing neighborhoods, it is unlikely that any number of small adjustments will allow the proposed development to comply with the mixed use designation. Further, the centralized location and orientation of Costco makes interconnectivity between residential and commercial and neighborhood serving portions of the site difficult. As the sole anchor and largest portion of the commercial area, a simple Commercial future land use designation may be a more appropriate designation for this corner. Other changes should still be considered to better integrate and protect any proposed residential from traffic conflicts, such as cut - through driving, and to protect the State facility from internal drive aisle congestion. Lessons learned from Eagle Road should also be considered with regard to access of State facilities, and the impacts and driving behaviors that occur as a result. Access to Chinden may be appropriate, but the emphasis should be elsewhere and less directly into parking areas. Consider opportunities for better connecting the proposed residential areas to both Costco (with a great food center), and the satellite pads, which may have more neighborhood serving uses. More efforts should be explored to improve pathway connections and dedicated pedestrian environments so that existing and proposed residential may access the site without having to drive. To comply with mixed use requirements, more substantial site layout revisions would be necessary. Lessons learned from Eagle Road should also be considered with regard to access to a State facilities, and the impacts and driving behaviors that occur as a result. Meridian City Council Meeting Agenda April 24, 2018 – Page 406 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 325 of 902 38 - 8. ADA COUNTY HIGHWAY DISTRICT (ACHD) There are no site specific conditions of approval associated with the Comprehensive Plan Map Amendment and Annexation & Zoning applications. 8.1 Site Specific Conditions of Approval (Preliminary Plat) 8.1.1 Comply with requirements of ITD and City of Meridian for the Chinden Boulevard/US 20-26 frontage. 8.1.2 Enter into a Cooperative Development Agreement (CDA) with ACHD for the widening of Ten Mile Road to 5 lanes between Chinden Boulevard and Milano Drive, prior to ACHD’s signature on the first final plat. 8.1.3 The Cooperative Development Agreement should include the roadway construction, contract requirements, as well as allocation of costs. ACHD will only provide reimbursement for the costs of permanent roadway improvements consistent with the IFYWP and CIP. Interim improvements are not eligible for reimbursement and all costs would be the responsibility of the applicant. 8.1.4 In order to ensure the roadway will be improved when warranted, the following items must be in place prior plans acceptance for the final plat necessitating the improvements. Cooperative Development Agreement; Financial surety provided by the applicant meeting the terms of the Cooperative Development Agreement; Dedication of all of the right-of-way necessary to complete the road widening project. 8.1.5 If the STAR Agreement does not occur prior to ACHD's signature on the first final plat enter into a Cooperative Development Agreement with the District to improve the Chinden Boulevard/Black Cat Road intersection, as listed in the ACHD's CIP. The Cooperative Development Agreement shall include the intersection construction, as well as allocation of costs. ACHD will only provide impact fee credit for impact fee eligible costs of permanent intersection improvements consistent with CIP. 8.1.6 In order to ensure the Chinden Boulevard/Black Cat Road intersection will be improved when warranted, the following items must be in place prior plans acceptance for the final plat necessitating the improvements. Cooperative Development Agreement; Financial surety provided by the applicant meeting the terms of the Cooperative Development Agreement; Dedication of all of the right-of-way necessary to complete the intersection project. 8.1.7 If the widening of Ten Mile Road to 5 lanes between Chinden Boulevard and McMillan Road is removed from the STAR agreement or if the construction of the proposed improvements is not feasible due to of timing of ACHD roadway construction projects in the area, then the following improvements shall be constructed. Dedicate right-of-way to total 48-feet from the centerline of Ten Mile Road. Construct a 5-foot wide detached concrete sidewalk located a minimum of 41 -feet from the centerline of Ten Mile Road abutting the site. Provide a permanent right-of-way easement for detached sidewalks located outside of the dedicated right-of-way. Construct a center left turn lane and dedicated right turn lane on Ten Mile Road for the temporary full access driveway located 660-feet north of Lost Rapids Drive. Meridian City Council Meeting Agenda April 24, 2018 – Page 407 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 326 of 902 39 - Install a signal at the Ten Mile Road/Lost Rapids Drive intersection. The applicant should be required to enter into a signal agreement with ACHD for the design, construction, and installation of the signal. The signal agreement should note that the intersection should be designed to provide a 3 X 4 intersection with three 12-foot wide travel lanes; one receiving lane, one dedicated left turn lane, and one thru/right lane on the north, south, and east approach, and with four 12 -foot wide travel lanes on the west approach; one receiving lane, one dedicated left turn lane, one thru lane, and one dedicated right lane. The applicant is responsible for all costs associated with the hardware, design, and installation of the signal. 8.1.8 Replace any broken or deteriorated portions of curb, gutter, and sidewalk on Lost Rapids Drive abutting the site. 8.1.9 Remove the existing center landscape island on Lost Rapids Drive at the Ten Mile Road intersection. 8.1.10 When the multifamily portion of the site develops, install "NO PARKING" signs on Lost Rapids Drive abutting the site. 8.1.11 Close the existing driveway onto Ten Mile Road from the site located 480-feet south of Chinden Boulevard. 8.1.12 Construct a 36 to 40-foot wide temporary full access driveway onto Ten Mile Road located 660-feet north of Lost Rapids Drive, as proposed. Construct the driveway as a curb return type driveway with a 30-foot radii and pave the driveway its entire width at least 30-feet into the site beyond the edge of pavement of Ten Mile Road. This driveway may be restricted in the future as traffic conditions warrant as determined by ACHD. 8.1.13 Construct one driveway onto Lost Rapids Drive located 350-feet west of Ten Mile Road, aligned centerline to centerline with an existing driveway on the south side Lost Rapids Drive. Construct the driveway as a curb return type driveway with a 30-foot radii and pave the driveway its entire width at least 30-feet into the site beyond the edge of pavement of Lost Rapids Drive. 8.1.14 Construct one driveway onto Lost Rapids Drive located 700-feet west of Ten Mile Road, align centerline to centerline with a public street on the south side Lost Rapids Drive. Construct the driveway as a curb return type driveway with a 30-foot radii and pave the driveway its entire width at least 30-feet into the site beyond the edge of pavement of Lost Rapids Drive. 8.1.15 Other than access approved as part of this application, direct lot access to Ten Mile Road and Lost Rapids Drive is prohibited and shall be noted on the final plat. 8.1.16 Payment of impact fees is due prior to issuance of a building permit. 8.1.17 Comply with all Standard Conditions of Approval. 8.2 Standard Conditions of Approval (Preliminary Plat) 8.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way including all easements). 8.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 8.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. Meridian City Council Meeting Agenda April 24, 2018 – Page 408 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 327 of 902 40 - 8.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 8.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 8.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 8.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 8.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 8.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 8.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. 9. IDAHO TRANSPORTATION DEPARTMENT (ITD) See next page) Meridian City Council Meeting Agenda April 24, 2018 – Page 409 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 328 of 902 41 - Meridian City Council Meeting Agenda April 24, 2018 – Page 410 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 329 of 902 42 - Meridian City Council Meeting Agenda April 24, 2018 – Page 411 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 330 of 902 43 - Meridian City Council Meeting Agenda April 24, 2018 – Page 412 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 331 of 902 44 - Meridian City Council Meeting Agenda April 24, 2018 – Page 413 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 332 of 902 45 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary Meridian City Council Meeting Agenda April 24, 2018 – Page 414 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 333 of 902 46 - Meridian City Council Meeting Agenda April 24, 2018 – Page 415 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 334 of 902 47 - Meridian City Council Meeting Agenda April 24, 2018 – Page 416 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 335 of 902 48 - Meridian City Council Meeting Agenda April 24, 2018 – Page 417 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 336 of 902 49 - Meridian City Council Meeting Agenda April 24, 2018 – Page 418 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 337 of 902 50 - D. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT: 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 amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The City Council finds that the proposed map amendment from Mixed Use – Community and Medium Density Residential to Commercial (16.5 acres) as depicted in Exhibit A.2 is consistent with elements of the Comprehensive as discussed during the hearings on March 1 and April 3, 2018. b. The proposed amendment provides an improved guide to future growth and development of the city. The City Council finds that the proposal to modify the Future Land Use Map to allow for commercial uses will be compatible with future adjacent residential uses if revisions are made to the concept plan as recommended in Section IX and Exhibit B. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The City Council finds that the proposed amendment is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Sections VII and IX for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. The City Council finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. The City Council finds the proposed amendment will be compatible with adjacent existing and planned future residential if the site is developed in accord with the concept plan in Exhibit A.3 and the conditions of approval contained herein. f. The proposed amendment will not burden existing and planned service capabilities. The City Council finds that the proposed amendment will not burden existing and planned service capabilities in this portion of the city. Sewer and water services are available to be extended to this site. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The City Council finds the proposed map amendment will provide a logical juxtaposition of uses. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII and IX and the subject findings above, the City Council finds that the proposed amendment is in the best interest of the City. 2. ANNEXATION & ZONING: 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, the Council shall make the following findings: Meridian City Council Meeting Agenda April 24, 2018 – Page 419 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 338 of 902 51 - a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the proposed map amendment to the R-15, R-40 and C-G zoning districts is consistent with the existing MDR and proposed Commercial FLUM designations for this site and should be compatible with existing and future uses in the area. Therefore, City Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-15, R-40 and C-G zoning districts is consistent with the purpose statements of the commercial and residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare if the site is developed in accord with the conditions of approval in Exhibit B. City utilities will be extended at the expense of the applicant. 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, The City Council 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 11-5B-3.E). The City Council finds the proposed annexation of this property is in the best interest of the City if the applicant develops the site in accord with the conditions listed in Exhibit B. 3. PRELIMINARY PLAT: 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; The City Council finds that the proposed plat is in substantial compliance with the Medium Density Residential and amended Commercial designations in the FLUM contained in the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are available and will be provided to the subject property upon 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 City water and sewer and any other utilities will be provided by the developer at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. Meridian City Council Meeting Agenda April 24, 2018 – Page 420 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 339 of 902 52 - d. There is public financial capability of supporting services for the proposed development; Based on comments provided in Exhibit B from the public service providers (i.e., Police, Fire, ACHD, etc.), the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. ACHD and ITD consider road safety issues in their analyses. f. The development preserves significant natural, scenic or historic features. The City Council is not aware of any significant natural, scenic or historic features on this site that need to be preserved. 4. MODIFICATION OF UDC STATE HIGHWAY ACCESS STANDARDS: Under UDC § 11-3H-3, the Council may consider and apply modifications to state highway access standards upon a specific recommendation of the Idaho transportation department. Based on UDC § 11-3H-3, the Council finds that modification of the City’s state highway access standards is warranted. On October 18, 2017, the Idaho Transportation Department submitted agency comments on the proposed development, which recommended permitting direct access onto SH 20/26 as submitted by the applicant’s plans. Based on this specific recommendation, the Council elects to modify such standards because direct access onto SH 20/26 reduces development impacts and improves traffic flow on surrounding streets, including W. Lost Rapids Rd. and Ten Mile Rd., which will positively impact neighboring residences. In addition to meeting the requirements for modified access standards, the proposed access also meets the City’s variance standards as noted below. 5. VARIANCE: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; The Council finds the variance does not grant a right or special privilege. The Idaho Transportation Department, the agency with authority over SH 20/26, has recommended the access permitted by the variance for the benefit of the state highway system. Other properties in the vicinity, that run adjacent to SH 20/26 and SH 55, have historically been granted direct access onto SH 20/26 and all necessary right of way for mitigation has been or will be acquired. b. The variance relieves an undue hardship because of characteristics of the site; and The Council finds the variance will relieve an undue hardship caused by the characteristics of the site because the site requires additional access. The shape of the lot, rectangular with significant frontage on SH 20/26, necessitates midpoint access onto SH 20/26 for traffic flow and safety. The surrounding roads and existing access points are insufficient to serve the site; direct access onto SH 20/26 is necessary to disperse traffic throughout the area. Strict adherence to the City’s state highway access standards would result in undue hardship to the applicant by preventing the applicant from using the property for its proposed use. Meridian City Council Meeting Agenda April 24, 2018 – Page 421 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 340 of 902 53 - c. The variance shall not be detrimental to the public health, safety, and welfare. The Council finds the variance will not be detrimental to the public health, safety, or welfare because the Idaho Transportation Department, the agency with jurisdiction to plan, design, and grant ac cess permits onto the state highway system, has specifically recommended the direct access onto SH 20/26. The direct access will improve traffic flow and reduce congestion resulting in increased safety. Meridian City Council Meeting Agenda April 24, 2018 – Page 422 of 717Meridian City Council Meeting Agenda August 21, 2018 – Page 341 of 902