CC - Staff Report for 9-13 C� f1E NDD--
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 09/13/2022 Legend C LFO �R8 �
DATE: �L/� _ R�B�
J��Project Location
TO: Mayor&City Council RUT
FROM: Alan Tiefenbach,Associate Planner Rr8 _
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Joseph Dodson,Associate Planner 0 RUT Rl Li
208-884-5533
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SUBJECT: H-2022-0060 -8 RUT
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Shops at Victory-MDA
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LOCATION: SEC of S. Eagle Rd. and E.Victory Rd.
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I. PROJECT DESCRIPTION
Development Agreement Modification to change allowed opening hours for an approved drive-
through establishment from 6AM to 5AM at 3300 S. Eagle Road.
II. SUMMARY OF REPORT
A. Applicant/Representative:
Ken Lenz,White Leasure Development—8385 W. Emerald St,Boise ID 83701
B. Owner:
WL Victory Crossings LLC—8385 W. Emerald St, Boise ID 83701
III. STAFF ANALYSIS
The property is 0.84 acres in area, zoned C-C, and is one of three commercial lots comprising the
Shops at Victory Development which was annexed in 2008 (AZ-008-007,PP-08-006,DA Inst.
#111032845). The existing Development Agreement allows all uses allowed in the C-C zoning
district,with hours of operation limited to 6am to IOpm due to the adjacent residences to southeast
and east.
Alternative Compliance was approved as part of the annexation to allow a residential buffer with
widths as little as 10 feet where 25 feet is typically required along the south and eastern property
lines,with a condition that a 6 ft tall Verti-Crete wall be constructed within the reduced buffer—much
of this buffer does meet the standard 25-foot width. The final plat for this property was completed in
2016 after four time-extensions were approved(H-2016-0029). The Rite Aid on the hard corner
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received administrative approvals in 2015 (A-2015-0061)with construction occurring in 2016. The
eastern most commercial has received conditional use permit approval and administrative approvals
to construct a daycare center but construction of that facility has not yet started(H-2021-0003 &A-
2021-0072,respectively).
In May of 2022,a conditional use permit(CUP)was approved for this subject property(3300 S.
Eagle)to allow a drive-through establishment within 300 feet of an existing residence and another
drive through facility(H-2022-0019); a CZC was issued in July of 2022 (A-2022-0134) for the coffee
shop drive-through. With the CUP,the applicant mentioned their desire for an opening time of 5AM
rather than the 6AM noted in the DA. As this was a development agreement requirement,the project
was conditioned to operate from 6AM to 1 OPM per the recorded development agreement unless
otherwise modified through a subsequent development agreement modification.
There is an existing single-family residence on a 5-acre lot directly east and south of the subject
property. This would be the property owner most impacted by any proposed changes to the allowed
hours of operation. At the time of the CUP for the drive through establishment,the property owner
submitted a letter in support stating the applicant had been very receptive to all their requests with the
initial development,they had installed a Verti-Crete fence along their property line that was higher
quality than would have been required,ensured lighting impacts were mitigated and expressed their
faith that the applicant's choice of location was acceptable. Staff has not received any further
correspondence from this property owner.North of the subject property is the existing Rite Aid and S.
Eagle Rd is to the west so Staff finds the proposed additional hour of operation in the morning should
not have any impact on the existing commercial use.
The existing development agreement states"The applicant shall be responsible for all costs associated
with the sewer and water service extension as set forth in Exhibit C attached hereto and by this
reference incorporated herein as if set forth in full. Said costs shall be paid prior to commencement of
any building construction."As of August 16,2022,this Applicant has paid their required
proportionate share of this agreement and has satisfied this DA provision for the subject property. In
addition,many of the existing provisions have been satisfied over the years and are no longer
applicable for the subject site. Therefore, Staff is recommending this parcel be removed from the
existing DA and placed into its own for the purpose of governing this lot in perpetuity. Staff s
recommended DA provisions are below.
IV. DECISION
A. Staff:
1. Staff recommends the City Council approve the applicant's request for a development
agreement modification and enter into a new DA with the following provisions at a minimum:
a. Hours of operation for any business on the subject property(3300 S. Eagle Road,Lot 1 Block
1 of the Shops at Victory Sub.) shall be restricted to the hours between 5am and lOpm.
b. Future development shall adhere to the previous approvals for Alternative Compliance for a
reduced landscape buffer width in certain areas adjacent to the residential property to the
south and east,per the landscape plan attached in Exhibit A of the staff report attached in the
original development agreement for the Shops at Victory Development Agreement(Inst#
111032845).
c. Access to this site shall only be provided from one full-access and one right-in/right-out
access to/from Eagle Road and one full-access and one right-in/right-out access to/from
Victory Road, as shown on the City approved site plan included in the development
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agreement for the Shops at Victory Development Agreement(Inst# 111032845). Any other
vehicular access points to/from the site are prohibited.
d. Owner/Developer shall maintain and adhere to the recorded cross-access/ingress-egress
agreement for the three(3)parcels associated with the Shops at Victory subdivision.
e. Future development of this site shall be generally consistent with the site layout, landscape
plan and building elevations as approved by CZC A-2022-0019 as depicted in Section V
below and the previous conditions of approval for the subject site: H-2016-0029 and H-2022-
0019).
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V. EXHIBITS
A. Approved CZC Site Plan
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B. Approved CZC Landscape Plan
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C. Approved CZC Elevations
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C. Existing Development Agreement Provisions
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY.
5.1 Owner/Developer shall develop the Property in accordance with the
following special conditions:
1. The applicant shall be responsible for all costs associated with the
sewer and water service extension as set forth in Exhibit C attached hereto and by this reference
incorporated herein as if set forth in full. Said costs shall be paid prior to commencement of any
building construction.
2. Any and all existing domestic wells and/or septic systems within
this project will have to be removed from their domestic service, per City Ordinance Section 5-7-
517, when services are available from the City of Meridian. Wells may be used for non-domestic
purposes such as landscape irrigation.
3. No signs are approved with the subject annexation approval. All
business signs will require a separate sign permit in compliance with_UDC 11-3D.
4. The request for Alternative Compliance for a reduced buffer width
in certain areas adjacent to the residential property to the south, is approved per the landscape
plan attached in Exhibit A of the staff report and in accordance with the DA provisions and
conditions of approval noted in the Shops at Victory staff report.
5. Construct a minimum 6-foot tall verti-crete wall adjacent to the
residential property to the south in the areas where the buffer width is below the required 25-feet,
as shown on the fencing plan in Exhibit A_5, as approved through Alternative Compliance with
this application. Construct a minimum 6-foot tall solid vinyl fencing in all other areas along the
perimeter boundary adjacent to residential uses. All fencing shall be constructed in accordance
with the standards listed in UDC 1 1-3A-7C.
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6. Provide a minimum 5400t wide detached sidewalk along bath
Eagle Road and victory Road beyond the ultimate right-or-way of the reconstructed and
widened intersection. Said sidewalk shall extend across the Aldridge property along Eagle Road
to Falcon Drive and be located within a public pedestrian easement.
7. Access to this site shall only be provided from one full-access and
one right-inlright-out access to/from Eagle Road and one full-access and one right-inlright-out
access toffi`om Victory Road, as proposed by the applicant, as shown on the City approved site
plan attached hereto as Exhibit❑ and by this reference incorporated herein as if sct forth in full.
Any other vehicular access paints to/from the site are prohibited.
8. A cross-access/ingress-egress easement shall be recorded to/from
Eagle Road and Victory Road benefitting all lots within the subdivision.
9. Provide a pedestrian connection (pathway and break in the fence)
from this site to the future pathway in Harcourt Subdivision.
10. A minimum of 2 buildings shall he constructed on the site and the
maximum building footprint of any one building shall not exceed 20,000 square feet,
11. Hours of operation for the businesses within this development shall
be restricted to the hours between 6 am and 10 pm.
12. The Applicant shall comply with the tree preservation standards
listed in UDC 1 1-3B-10 for protection of existing trees that are proposed to be retained and
existing trees 4-inch caliper and greater that are proposed to be removed. The applicant's
proposal to plant trees along the southern and eastern properly boundaries as mitigation for trees
removed from the site is approved per the landscape plan included in Exhibit A of the staff
report.
l3. The detailed site plan and building elevations submitted with any
future CUP and/or CZC application for this site shall substantially comply with the conceptual
site plan and building elevations submitted to the City as shown in Exhibit A of the staff report.
14. The Applicant shall submit a letter of Final approval from Ada
County Development Services for the Boundary Line Adjustment and a recorded copy of the
Record of Survey, prior to approval of the annexation ordinance by City Council and publication
of the ordinance in the newspaper.
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