CC - Updated Staff Report for April 12th Council Mtg STAFF REPORT C�I
w IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT .►A H O
HEARING April 12,2022 Legend
DATE: Continued from:March 22, 2022
Project Location
TO: Mayor&City Council R-8 E
- C_G MODEL
FROAM: Sonya Allen,Associate Planner LN
208-884-5533 R_2 R-i5 LU RUT
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SUBJECT: H-2022-0009 _ Q
Copper Canary
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LOCATION: 2590 N. Eagle Rd.,in the NW 1/4 of R1 C-C
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I. PROJECT DESCRIPTION
Modification to the existing development agreement(Inst. #104129529)to remove the subject
property from the agreement and prepare a new development agreement with an updated conceptual
development plan;removal of the requirement for conditional use approval of any future uses on the
site;requirement for access to be taken from the north via the future backage road with emergency
only access from the south.
II. SUMMARY OF REPORT
A. Applicant:
Jeff Likes,ALC Architecture— 1119 E. State St., Ste. 120,Eagle, ID 83616
B. Owner:
East River Valley Street, LLC—2832 State St., Carlsbad, CA 92008
C. Representative:
Same as Applicant
III. NOTICING
City Council
Posting Date
Notification published in
newspaper 3/6/2022
Page 1
Notification mailed to property
owners within 300 feet 3/7/2022
Applicant posted public hearing
notice on site 3/30/2022
Nextdoor posting 3/8/2022
IV. STAFF ANALYSIS
The existing Development Agreement(DA))(Inst. #104129529—Red Feather AZ-03-021)
originally encompassed a larger 114.52-acre area that includes Redfeather Estates,a residential
development to the east and adjacent commercial properties. The DA requires any future uses of the
property to only be approved through the Conditional Use Permit(CUP)process and requires either a
public or private backage street generally parallel with Eagle Rd./SH-55 to be incorporated into the
design of future site plans.A conceptual master plan demonstrating interconnectivity,transitional
uses, access points and other key land planning issues is required prior to any detailed CUP
applications being submitted. See Section VIA for more information.
A variance(VAR-08-004)was approved in 2008 for a temporary access via N. Eagle Rd./SH-55 until
such time as access can be provided to the site from either the south via a frontage road from the
extension of E. River Valley St. or from the north across the South Slough. At such time,the
temporary access to Eagle Rd. is required to be removed and the street buffer landscaping adjacent to
Eagle Road is required to be completed. Currently, there is no access to the site from either the north
or the south.
The Applicant requests a modification to the existing DA to remove the subject property from the
agreement and prepare a new DA with an updated conceptual development plan; removal of the
requirement for conditional use approval of any future uses on the site; and requirement for access to
be taken from the north via the future backage road with emergency only access from the south.
A conceptual development plan was submitted as shown in Section VI.0 that depicts a reconfigured
parking area, extension of the street buffer and pedestrian pathway across the existing driveway from
N. Eagle Rd./SH-55, a drive aisle along the east boundary of the site connecting to the north for future
access via Eagle Rd./SH-55 and to the south for emergency access only.Note:A driveway from Eagle
Rd.ISH--55 is depicted on the concept plan partially on this site and partially on the property to the
north that has not been approved; an approved access via Eagle/SH-55 exists approximately 500'to
the north of the subject property. The UDC(11-3H-4B.2)does not allow new approaches directly
accessing a state highway. The City Council may consider and approve a modification to this
standard upon specific recommendation of the Idaho Transportation Department per UDC 11-3H-3.
Staff anticipates a request for this access will be part of a future development application on the
adjacent property to the north.
The Applicant proposes new DA provisions,which are included in Section VI.D below. Staff is
amenable to the request to remove the requirement for a conceptual master plan to be submitted for
the overall area as much of this area has already been developed and/or has entitlements. Staff is also
supportive of the removal of the requirement for any future uses to be approved through the CUP
process as the UDC (Table 11-2B-2)governs the allowed uses in the C-G zoning district and a CUP is
not required for all uses. Staff is not in favor of removal of the requirement for a public or
private backage street generally parallel with Eagle Rd./SH-55 to be provided as UDC 11-3H-
4B.3 requires such to provide future connectivity and access to all properties fronting the state
highway that lie between the Applicant's property and the nearest section line road and/or half
mile collector road.Although a drive aisle/backage road is depicted on the conceptual site plan,
Page 2
it's proposed to dead-end at the southern boundary with an emergency only access to the south.
Because access is limited in this area, Staff believes it's important for this backage road to
provide through unrestricted public access to the north and the south. The Fire Dept. does not
support the backage road being blocked for emergency access only and states the road needs to
run through unobstructed for fast access to businesses in this area.
Based on the aforementioned recommendation, Staff recommends the conceptual site plan is
revised to depict a backage road along the east boundary of the site with unrestricted access to
the south. DA provision#5.1d should be revised to include vehicular access to the south. DA
provision#5.1e should be replaced with a requirement for cross-access easements to be granted
to the properties to the south and to the north; a recorded copy of the easements should be
submitted to the Planning Division with the Certificate of Zoning Compliance application.
V. DECISION
A. Staff:
Staff recommends approval of the modification to the DA with the changes noted in Section V.D
as discussed above in Section IV.
VI. EXHIBITS
A. Existing Development Agreement Provisions (Inst. #104129529)
4. USES PERMITTED BY THIS AGREEMENT;
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under"City's"Zoning Ordinance codified at Meridian City
Code Section 11-7-2(Kl which arc hmin specified as follows:
Any future rises of the property shall be approved only through
the conditional use permit process, Addidonally, either a public
or private backage street generally parallel with Eagle RoadISH
SS shall be incorporated into the design of the future site plans.
A conceptual master plat demonsitwiag interconnectivity,
transid09al rises, access points and other key land planning
issues is required prior to any detailed CUP applications being
submitted on either the Bryson or Schrammeck properties for the
C-G Zone.
Page 3
4.2 No change in the uses specified in this Agreement shall be allowed
without Mo( ification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPER'l'Y:
5.A "Owner shall develop the"Property:'in accordance with the following
special conditims:
1. R.emaral of any cxi5fing domestic wells and/or septic systems within this project
from their domestic service must be accomplished at such time as the'SDwacrs"change
the current use of"Propeny"or otherwise develop the"Property"in accordance with the
terms hereof
2. Any future uses of the property shall be approved only through the conditional use
permit process.In addition,there is a requirement that either a public or private backage
stMet generally parallel with Eagle RoadlSH 55 shall be incorporated into the design of
future site plans, A conceptual master plan demonstrating interconncctivity,transitional
uses,access points and other key land planning issues is required prior to any detailed
CUP applications being submitted on either the Bryson or Schram meck properties,
The following Comprehensive Plan policies (from C'hWer VI and VII) shall be
applicable to these properties:
Tr�ongfi2n'Policies Applicable to the B-)-'sMlSchrammcek Annexation:
* "Large development pmposals that are likely to generate significant traffic should
be assessed for their irnpact on the transportation system and surrounding land
uses. They should be examined for ways to encourage all forms of transportation
such as transit,walking,and cycling.
* New development should not rely on cut-da-sacs since they provide poor fire
access,walkability,and neighborhood social life, New development and streets
should be designed to encourage walking and bicycling.
In addition to providing for enhanced automobile traffic,Meridian should seek
ways to encourage alternative modes of transport. Improvement in and
encouraged use of public transit systems is an important first step, Public transit
includes bus systems and ridesharing. By fostering such means of high vehicle
occupamcies,congestion on roadways can be decreased.
Page 4
* Pathwa}s that encourage use by bicyclists and pedestrians can decrease road
congestion and add to the corrimunily's quality of Life. The proposed off-street
and multiple-use pathway systems are depicted in Figures V1-3 and V14. New
and existing developments should ensure that the guidelines laid out in this plan
are adopted.
* Eagle Road is the major north-south arterial in Ada County. The capacity of this
artena.l should be protected by minimizing the number and Iocation of private
driveway ac;czss connections to this important roadway. The City should
recognize,adopt,and help implement the Eagle Roars Access Control Study,
prepared by ACHD in 1997."
Medix se Dcvclopment Policies Arrntieable to the-Brysvn/Schrammeck
Annexatign --- — —
* "Where feasiblo,multi-family residential uses will be encouraged, especially for
projects with the potential to serve as emplvymcnt destination centers and when
the project is adjacent to State Highways 20-26,55 or 69,
* In devclopments where multiple cornincreial andlor office buildings are proposed
(not residential),the buildings should be arranged to create some form of
cornrnon,usable area, such as a plaza or green space;
* Where the project is developed adjacent to low or medium density residential
uses, a transitional use is encouraged.,,
3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 124-
13.Plans will need to be approved by the appropriate irrigation/drainage district.or lateral
users association,with wrin=confirmation of said approval submitted to the Public Works
Department.
ment.
Page 5
B. Legal Description&Exhibit Map for Property Subject to New Development Agreement
Leval Dewriptiorl of The l'rolxerty
A portion 011ie Southwest quadef of the Northwest quart-oral Se-ctiDn 4.Ymmship3 kMh, Range 1 East,
Boise Meridian.more particularly described as loNows:
Commai,cing at the Norlhwesl corner at the SmAhweat gwrter of the f+lcuMwesl quarter of Section 4,
Township 3 Wrth. Range t East, Boise Meridian.Ada Coonty.Idaho,Owce
Smth along the Weg lido of said Section 4, a distance of 433,62 " to the Real Point al Beginning:thence
Sou Oh SY4W fast 231X feel to a paint, thence
Wh 83050'East 114.57 feet to a point:thence
Sou th 213.05 f eel to a poi nt; thence
Wesl 300,00 feet to a point an the West line of said See tion 4 thence
North 342.64 tee[1a the Point al Beginning.
Excepting a 25 toot strip on the West side far high wziy right-af-way-
Also Exceptkng a parcel al land being ors Me Easterly+side of the centerline of Stale Highway No. 55(Eagle
Road) Project No. NH-F-3271(037)Highway Survey, ae. shown on the plans thereof now art file in theoflice of
the Idaho Transportation Ceparlment, and bang a p&lion or the Southwest quarter of [Fie North*esI quarter
of See Iion 4.Township 3 Nwh. Range 1 East. Boise Mefrtian. de sorted as 1pllvws to-wit:
Commencing at the Northwest corder of the Sou thwest quarter of the Northwesl quarler of Section 4,
Toms ship3 North, RarW t East. Boise Mendian that boars North 89:23'4r Wes 10.34 fen#arum Station
ISSM.73of Said SlateN ghwrallyNo. 55(Eagle Road). Project NH-F-3271(07)HighwaySuvey; the nee
South Q*3613' West(shown d record to be South)aIaN the Wes line d said Southwest quader of the
NorthwW quarter a disianre of 76S.43 feet Is how n o1 record to be 776-26 frog b the Southwest corner of
the tract al land as described in that certain Wmranty peed dated Janumyr 24,197&rKorded January 24,
1975.as Instrument No- 9129%records of Ada Coonty. Idaho. said corner being a point in the centerline of
said Slate Highway No. 55,1hat is coincident with Station 147466.37 of said Highway Surreyand being the
Reef Plsceof Beginring; Ihence
South 89-23'47' East(shown of retard I be E.asI)along the South line of said tract of Band 70.0 feet to a
paint in a We parallel with and 70.0 feet Easterly frofn the rerrlerine and tears South 89-23'47' Ent Imm
Station 147+66,31 of said Highway Survey: thence
North 0 36'13- East along sand paralel line a distonc3e of 29 1.0 5 lee110 a point in the Northerly line of said
tract of land and being q*mitE Station 154+5?.35 of said Highweay+3lrwey; thence
North 53'0347' West lshown of recordlo be North 53 40'West)along sand Nod herlyfine 9620 feel to the
l,t*M"m$t corner col said ir4cI of land,said oumer bung a poini i n the West fine of said South*vsI quarter of
the Northwest quarter,said litres[firte tieing coimidenl with the cenieriine of said State Highwalr No- 55, and
said point be coincidenr wrllh Stal$w 151+09.84 of said High way S urvey, thence
South,0 3613' Vilest along said Nest line being coincid t*l th said centerine342,53"to the Real Place
of Beginning.
1XI1111I]C F"UiE I I* i
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C. Proposed Conceptual Development Plan
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D. Proposed Development Agreement Provisions
Staffs recommended changes to the proposed provisions are shown in strike-out/underline
format.
1. 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.
1.1 The uses allowed pursuant to this Agreement are only those uses allowed as permitted,
conditional and/or accessory uses under the UDC.
1.2 No change in the uses specified in this Agreement shall be allowed without modification
of this Agreement.
2. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following special
conditions:
a. Development of the Property shall no longer be subject to the terms of the Development
Agreement recorded as Instrument No. 104129529.
b. Development of the Property shall be generally consistent with the conceptual
development plan depicted on Exhibit"C",attached hereto, and the provisions contained herein_
C. Owner/Developer shall make application for administrative Design Review. Future
development shall comply with the structure and site design standards listed in the Architectural
Standards Manual. Strict design review of all four sides of the remodeled existing building is
required.
d. The existing direct access to the Property via N. Eagle Rd./SH-55 shall continue until
vehicular access to the north across the South Slough and to N. Eagle Rd./SH-55 or to the south
to E. River Vallgy St. is provided. At such time,the temporary access to Eagle Rd./SH-55 shall
be removed and the street buffer landscaping adjacent to Eagle Road shall be completed
consistent with the UDC standards.Note: The access via N. Eagle Rd./SH--55 depicted on the
conceptual development plan along the northern boundary of this site is not approved with this
application.
e.
The drive aisle oft the east side of the Pr-epefty shall tefminate a4 the sotAh boundafy o
Teri is FiFe r.o...,..t. ent Cross-access easements shall be,granted to the properties to the north
and to the south and recorded copies of the easements shall be submitted to the Planning Division
with the Certificate of Zoning Compliance application.
f. A Certificate of Zoning Compliance and administrative Design Review applications shall
be submitted to and approved by the Planning Division prior to submittal of a building permit
application(s).
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