Firenze Plaza TECC-2020-0002 Order BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: 9/29/2020
ORDER APPROVAL DATE: 10/13/2020
IN THE MATTER OF THE )
REQUEST FOR AN 18-MONTH )
TIME EXTENSION ON THE ) CASE NO. TECC-2020-0002
PRELIMINARY PLAT FOR )
FIRENZE PLAZA SUBDIVISION IN ) ORDER OF CONDITIONAL
ORDER TO OBTAIN THE CITY ) APPROVAL OF TIME EXTENSION
ENGINEER'S SIGNATURE ON )
THE FINAL PLAT,LOCATED IN )
SECTION 29, T.3N., R.1E, )
MERIDIAN, IDAHO )
BY: TAMARA THOMPSON )
APPLICANT
This matter coming on regularly before the City Council on September 29, 2020,upon
the Applicant's submittal of a preliminary plat time extension application for an 18-month
extension within which to obtain the City Engineer's signature on a final plat for Firenze Plaza
Subdivision, which preliminary plat was originally approved on February 7, 2016, as provided in
Unified Development Code § 11-6B-7C, and good cause shown. An administrative time
extension(A-2019-0120) for eighteen(18) months was previously approved for this subdivision
by the Planning Director on March 22, 2019 and would have otherwise expired on August 7,
2020.
IT IS HEREBY ORDERED THAT:
Item#22.
The above named Applicant is granted an additional 18-month extended period of time,
until February 7, 2022, within which to obtain the City Engineer's signature on the final
plat, subject to the conditions of approval as shown in the attached Staff Report for the
hearing date of September 29, 2020 incorporated by reference as Exhibit A.
Attached: Staff Report for the hearing date of September 29, 2020.
By the action of the City Council at its regular meeting on the 13th day of
October , 2020.
DATED this 13th day of October , 2020
Mayor ROBERT E. SIMISON
Attest:
Chris Johnson, City Clerk
Copy served upon the Applicant,Planning Division,Public Works Department,and City Attorney.
BY: Dated: 3-28-2022
ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION
FOR FIRENZE PLAZA(TECC-2020-0002) Page 225
Page 2 of 2
Item#22.
Exhibit A
STAFF REPORT E COMMUNITY
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COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 9/29/2020 Legend _�$ R-8'RU
DATE: [UProject Location CAM 0
TO: Mayor&City Council l !'--, RUT RUT"
City Limits
FROM: Joseph Dodson,Associate City Planner Planned Parcels
208-884-5533 MM U J
SUBJECT: TECC-2020-0002 ® �®
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Firenze Plaza �R=4
RUT R-8 RUT
LOCATION: NWC of E. Amity Road and S. Eagle RUT
Road. RUT RUT R-15
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I. PROJECT DESCRIPTION
Request for an 18-month time extension in order to obtain the City Engineer's signature on phase one
of the final plat.
IL SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 15.92 acres
Existing/Proposed Zoning C-C
Future Land Use Designation Mixed Use Community
Existing Land Use(s) Vacant/Agriculture
Proposed Land Use(s) Commercial
Lots(#and type;bldg./common) 14 commercial lots; 1 Ibuilding lots;2 common lots;and 1
other lot for right-of-way dedication
Neighborhood meeting date;#of July 30,2020(Zoom)—One(1)person attended.
attendees:
History(previous approvals) H-2016-0102(AZ,CPAM,PP);DA Inst.#2017-041827;
A-2017-0098(CZC);A-2019-0120(TED);H-2019-0067
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Item#22.
B. Project Area Maps
Future Land Use Map Aerial Map
Legend 0 Legend
Project LocationProject Location
_ Medium Densi#y
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III. APPLICANT INFORMATION
A. Applicant:
Tamara Thompson,The Land Group—462 E. Shore Dr., Ste. 100, Eagle, ID 83616
B. Owner:
ABS ID-O,LLC—250 E. Parkcenter Blvd.,Boise, ID 83726
C. Representative:
Same as Applicant
IV. NOTICING
City Council
Posting Date
Notification published in
newspaper 9/4/2020
Notification mailed to property
owners within 300 feet 9/1/2020
Applicant posted public hearing
notice on site 9/18/2020
Nextdoor posting 9/2/2020
V. UNIFIED DEVELOPMENT CODE ANALYSIS (UDO
Per UDC 11-6B-7C, "Upon written request and filing by the applicant prior to the termination of the
period in accord with subsections A and B of this section, 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
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Item#22.
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 this title."
The preliminary plat for this project was approved by City Council on February 7, 2016 and was valid
for 2 years. Prior to the expiration date,an administrative time extension(A-2019-0120)was
requested and approved by the Director on March 22,2019,which granted an additional 18 month
period of time,until August 7,2020,in order to obtain the City Engineer's signature on the final plat
(H-2019-0067)that was approved by City Council on July 16, 2019 (orders on August 6,2019). The
reason for the previous time extension was due to an increase in construction costs, coordination with
ACHD, and an overall labor shortage,both in the construction industry and in employees for the new
Albertson's store,according to the submitted narrative in 2019. Prior to expiration of the previous
time extension,the Applicant submitted a request for this subsequent time extension. The reasons for
this latest request,per the Applicant's narrative, are the same as the previous ones listed above.
Since the preliminary plat,final plat, and previous time extension were approved,there have not been
any City Code changes that would necessitate new conditions being placed on the subject time
extension. However,the design of the intersection at Eagle and Amity has changed. ACHD's
response letter(see attached Exhibit VILD)to this application notes that additional right-of-way
(ROW)or easement may be required for the current roundabout design. If the Applicant participates
in a cost-share agreement for construction of the Eagle Road driveway and deceleration lane,ACHD
will construct these improvements as part of the intersection project. If the costs are not paid by the
Applicant,ACHD will not complete the improvements and additional ROW will be needed for the
deceleration lane without compensation. The Applicant should continue working closely with ACHD
on the latest construction plans (currently at 99%completion)for the planned roundabout to ensure
minimal changes to the plat.
One of the changes in the roundabout design is a 10-foot attached sidewalk rather than a 10-foot
detached sidewalk as previously approved with the final plat. This change requires the landscape
buffer be measured from the back of sidewalk rather than from back of curb, as required by code. The
Applicant may need to add additional land area to fully comply with the landscape buffer
requirements or request Alternative Compliance with a new CZC application to reduce this buffer.
Regardless,the Applicant will be required to construct the landscape buffers along Amity and Eagle
and associated frontage improvements with phase 1 as required with the final plat and recorded
development agreement.
The existing development agreement(DA)between the applicant and the City(provision 51)allows
one right-in/right-out access to Amity Road and one to Eagle Road from the commercial portion of
the property.ACHD also approved these accesses previously but with the CZC application and not
the plat;the CZC has since expired. Although the DA allows the two accesses,ACHD has the
authority to re-evaluate the access due to the CZC expiring. This creates a conflict between the
existing DA approved by the City and ACHD's recent letter due to the approved CZC expiring. With
the current design of the roundabout,ACHD did not include the right-in/right-out access to Amity
Road;there is a"bypass"lane in the roundabout design that allows southbound Eagle Road traffic to
go westbound on Amity in a dedicated lane. This design affects driveway locations for the subject site
and ACHD will evaluate the driveway locations during the review of the new CZC application.
In addition,with the preliminary plat approval in 2016,ACHD required that the Applicant enter into a
Cooperative Development Agreement with ACHD for the widening of the roundabout at Eagle and
Amity, and the widening of Eagle Road—according to ACHD,the Applicant could not commit to
constructing the improvements and provide a timeframe for the development. These were the
determining factors as to why the agreement was terminated in 2019.
It is also important to note,that the Building Division still shows the applicant having active building
permits for this project. The applicant will be required to submit for a new CZC and DES
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Item#22.
approval(including site and landscape plans)to the City before commencing with construction,
as required with the preliminary plat approval.
Approval of the subject time extension will allow the Applicant to work with ACHD on any relevant
changes with the roundabout design and obtain the City Engineer's signature on the final plat and
proceed with development of the property. ACHD and City Staff are not recommending any new plat
conditions of approval to be incorporated with this project. However,the applicant is required to
comply with all previous conditions of approval approved with the development of the subject
property,including the requirement to obtain new CZC and DES approvals prior to any
construction.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed time extension of the Final Plat for a time period of
18 months, as requested,to expire on February 7,2022 if the City Engineer's signature is not
obtained first.
B. The Meridian City Council heard these items on September 29,2020. At the public hearing,the
Council moved to approve the subject Time Extension request.
1. Summary of the City Council public hearing
a. In favor: Tamara Thompson,Applicant Representative.
b. In opposition:None
c. Commenting: Lucas—ACHD:Ann Burke: Mario Martinez: and Carmen Maus.
d. Written testimony: None
e. Staff presenting application: Joseph Dodson
f Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. What is the timeline for construction of the proposed Albertson's and what is the
proposed design?
b. Were a photometric and traffic study completed on the commercial site?
3. Key issue(s)of discussion by City Council:
a. Council inquired on the relative nature of the new roundabout design and any effects it
might have on the approved plat—any potential changes to the plat would be handled
outside of the platting process and instead through the new Certificate of Zoning
Compliance application that is required.
4. City Council change(s)to Staff recommendation:
a. None
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Item#22.
VIL EXHIBITS
A. Final Plat(date: 5/14/2019)
Final Plat
Firenze Plaza Subdivision
Located in the Southeast 1/4 of the Southeast 114 of Section 29,
Township 3 North,Range 1 East,Boise Meridian,
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B. Final Plat Landscape Plans(dated: 5/15/2019)
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Item#22.
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Item#22.
D. ACHD Response Letter
.,tale �i�.
ACHD Kent Mary May,Resident
Goldthorpe,Vice-Resident
Af Rebecca W.Arnold,Commissioner
Sara M.Baker,Commissioner
Jim D.Hansen,Commissioner
September 17, 2020
Tamara Thompson
The Land Group
RE: Firenze Subdivision Preliminary Plat Time Extension/TECC-2020-0002
Preliminary Plat—Firenze Subdivision
On December 14,2016,the ACHD Commission approved the preliminary plat for Firenze Subdivision.
As a part of that approval,the developer,Albertsons Corporation, agreed to enter into a Cooperative
Development Agreement with ACHD to expand the existing roundabout at the Eagle/Amity
intersection,prior to the widening of Eagle Road between Victory Road and Amity Road. In addition,
ACHD granted certain access points on Eagle Road and Amity Road,but also denied two access points,
with the caveat that they could be considered with a specific development application. Those driveways
were the southerly right-in/right-out driveway on Eagle Road and the easterly right-in/right-out
driveway on Amity Road.The preliminary plat expired with the City of Meridian in August 2020;and
the applicant is seeking a second time extension for the plat.
Certificate of Zoning Compliance(CZC)—Grocery Store
Soon after the preliminary plat approval,the applicant submitted a CZC application for the grocery store
and associated uses. At that time,the southerly driveway on Eagle Road and the easterly driveway on
Amity Road were approved as right-in/right-out access points,with deceleration lanes;in accordance
with the procedure approved by the Commission with the preliminary plat. The CZC application is no
longer valid, according to the City of Meridian and the developer will need to submit a new CZC
application to move forward with a building. Therefore,the driveway approvals issued by ACHD are
null and void.When a new application is submitted,ACHD will re-evaluate Site Specific Conditions of
Approval,including driveway locations.
Cooperative Development Agreement
The developer entered into the Agreement with ACHD to design and construct the expansion of the
roundabout. The civil drawings were nearly complete in 2018,but the developer could not commit to
constructing the improvements and could not provide a timeline for development. The Agreement was
subsequently terminated in 2019.
ACHD Intersection Design/Driveway locations
Because the applicant failed to satisfy the terms of the Cooperative Development Agreement,ACHD
quickly hired a consultant to design the intersection so that the roundabout could be constructed with the
widening of Eagle Road between Victory Road and Amity Road,in FY2021,per the Integrated Five
Year Work Program.
Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 206 387-6100•rX 345-7650•www.achd1daho,org
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Item#22.
The ACHD intersection design is nearly complete. As a result of the traffic analysis prepared by the
consultant,it was determined that an eastbound bypass lane is necessary at the northwest corner of the
intersection to accommodate the forecast traffic volumes. Due to safety concerns related to the
proximity of the easterly driveway,ACIID did not include the easterly driveway on Amity Road in the
intersection plans.
On the intersection plans ACHD has included the southerly driveway on 1~agle Road as a right-in/right-
out driveway with a deceleration lane.If the applicant pays for these improvements and enters into a
Cost Share Agreement with ACIID to construct the driveway and deceleration lane,prior to the
beginning oFprojcet construction,then ACIII)will construct the improvements with the intersection
project. If the applicant does not pay for the costs,then these improvements won't be constructed by
ACIID. Additionally,the applicant will need to dedicate additional right-of-way for the deceleration
lane,which ACIID will not compensate For because the deceleration lane is necessary to Serve the site.
ACIID may need additional right-of-way or easements to constrict the roundabout,but we are working
closely with The Land Group to minimize impacts to this property.
Time Extension Request
ACHD has no objection to the'Time Extension and has no additional plat conditions_ 'llic conditions
related to the Cooperative Development Agreement,however,are no longer valid.
Sincerely,
Ow&sty trite
Christy Little
Development Services Manager
(208)387-6144
cl ittl c(ai acltdidaho.org
cc: Eri
City of Meridian
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