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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 N --- 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 ® �® �® RUT Firenze Plaza �R=4 RUT R-8 RUT LOCATION: NWC of E. Amity Road and S. Eagle RUT Road. RUT RUT R-15 G-N .V b 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 Page 1 Page 226 Item#22. B. Project Area Maps Future Land Use Map Aerial Map Legend 0 Legend Project LocationProject Location _ Medium Densi#y o ® FUR ®Resiclentiai 0 i MU-N - CIVIC �9 i i- Low_Densityi ,a Resl`cl'e�.>tlal it!p •, rd a dX/a �R.�Y.�1.� ���. ��•4S>»rsrarr€� - t'it' ° .Y'�1.�`1'�,�:�+r'/►��"'`5�._ 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 Page 2 Page 227 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 Page 3 Page 228 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 Page 4 Page 229 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, City of Meridian,Ada County,Idaho "01BS _ 2019 P",I RNRN��PNLP=N, s ele;,"=2ao' �4xm A�NFmxNw TMEJxNE Axa osxINNE­x111NxNTNENN Legend Curve Table Line Table Line Tech Irr rnwxs nsssclnllvx rn ns5l,sn ma mi•Nl sol'msx cs Ns Sraoasar Q NINJV I I.—F A9 _ r. xr wx AUE<sxsvis��xAxaA iexlxn,I_'u%' .Ls—""Imti— srn'• - N1VV96„hN4 O'ibYrt'E .- FAIEP. • 5 0�+0 Cly Sx]I'T Snt CPP. 89'1A33'N N0.Sxe' 01_1e A59%IAiILN. srs[u wmlx ill_111­Y 111 m NArvJAlx11 Nr rxs • SxoO rB FEEeri Ixh PJsxc CaP, �_V A. - SIIB]N9IX.SiON.�1505 UA }Mh IF u�!FF3VIIY AP"fiJlii 1 • - '/Y'fiFe�R MIIN%ISSN[111. LOAN a CrT 5/eEe N ea nrx ausTc .x "I ff re MSIA1IVNA, p n ixr a a, 1,l ] CO n 1 A MNN Of]N[NFS III R-1 S /HOR _ u "I IIIT.111�111. IF muJ ® Ni(O1H N.gr; mE pAY NINEI CFF T 1k X0. CI'N lW lIN L F hury cx E»t`u15a lNmEx V rF AV [ ry----J„5➢xl.,m'I N,renrE llxl.x rlvr E..�xxla t�'r�•rI �5T, --h �-xTT ElaPo.1_INaT�O F 6EQINNIN(i hNeTM—N x$w S NNE. IF- xAxx JAx�APIx. -LL aI,A x rvxrnNoxA NAg� lAN-nx-N.3Sl" - - __ -r I ASr -FI � L l � E.eNJN L •TAnmr m a CIII IOUNI INtt A N�xzx 31610 ��V A V 1111HT 97.W 'E NOT PART m A� nE kF o Cn Aoa on,DAR. ¢APv, K XNFc w. INNEi A_,v er �^ x91cr uAr E wmom FmJ nu[rx -IeeL s s s non h ,� ' _E o • S90]&RI"N ��I Imo` BLOCK 2 I d 3 w J E 5775]'E�1Sat C) �l i� s ���sxmlvmw e.�unr _g r NeY1_'N y)T� I a PaeNlar o. Pr'xc_L n..ccss 2 E crE aw s.uaxrncus n.r.ro s va Tv rzono s x9]S7 I n I11 ­1— sa aTr IF.-1—NII imv.1 eoA¢uxn �` rno��gg I J �i I�^ •� NEawos. rile NBBYSb'N - r FI 1 aerr aJ�0) BLOCK 1 `�DelaIANOT A PARTI—NIMnno'�s'�o'I' oou�< �1 . la U7Q�7� ICI TEE ®GROUP =r.' s¢ PI a S.32 �S.99 �•i _ 529 — __ __ - _rszex 9 Nl9YSN'N la 5.29 5.2 5.32 - ' E.Amity Rd. ___— — xx...r u,R iwc.n — a e ai'aeawo eselseaa xeN'u•�e�r ., .wl�mkw..,x..u.c �'BN INSelJYdtINA IRI0291A Page 5 Page 230 Item#22. B. Final Plat Landscape Plans(dated: 5/15/2019) E.MOUNT ETNA UR ruNruxenuu i w 3 w E d _ LLCiH - r r w — MIM ..� � 1 e Nmria Mud r __ .2,�.n..,. ` n ® m e. t � - t Landscape-Are12 L1.02 77 ru�T acxeouu II, - \ I `1 w E 1'' w w rri � dA£ W H EJ I E � t I� I aoo n Lo i- { Landscape-Area 4 L1.04 Page 6 Page 231 Item#22. N vj - - - -- ------ "p Z!m -------- ------- -------- ------- .......... ------- MYte,I.l L ..... FOR] Ll iL --------Landscape-Area 3 Page 7 Item#22. C. 95%Construction Plans—Eagle&Amity Roads Roundabout(relevant sections) cP x. L 8pliftH.1—d G-b 0.1.11 Typ'"I�,d,t—. Detail .......... ---------- ---- A EAGLE ROAD cv- N TES; ROAD Sputter I.I..d Nay Map Spl,H,,1,1,.d Locations y ter•Island Detalls 01 Ada County High-ay District Project Number:3213036 Pmjecl Name:Eagle Rd &Amity Rd. SheetlB Uf3V —N.1 —.1 1. N 0 T E S 61 ---------------.----AMITYRo-An--- ---- - --------------- FK ............. -7� RI E 2- 2- -2 ae - -------- BENCHMARKS: 2— 2— 2- 4 2— -4 Ad.County High—ay District 9="Mu—h—320036 ProJee1 M- Eagle Rd.6 Amity Rd- Sheet 07 Of39 Roundabout Page 8 Item#22. N O T E S z O- � :e e aax,ze � EAGLE ROAD s r i r f . "=-k�NR,Esabt:< -- - - p 2- 0 5 — 2fi83 Ill2679 zen —09 - F)l2673 :.. »...:.. 00xme:Ea91 Rd...:.�, G� Ada County Highway District ---^' "' Prolect Number 320036 Prolect N Amity Rd. Sheet 14 Of 39 Rountlabou! N O T E S ., u - RQ� EAGLE ROAD rP: i ��p6•�& .mmm j O s 2BB6 -2688 6& 2- 2. — u erc »�iLL o - . 2— _ --- --- -- »' 2— 2 __ _ 6I6 — — - 26]6 Get* 2172 1— A.� a u- Prolecl•Number:320036 ^^.:... Prolect N me:Eagl Rd.•&Amity Ada County Highway District -, ,�:.�,a Ra. sheet is Or 39 Rouatlabout Page 9 Page 234 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 Page 10 Page 235 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 Page 11 Page 23Ei