Gateway Marketplace MI 07-008ADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00 ~ 65
BOISE IDAHO 07/15/08 04:33 PM
REC RDED g REQUEST OF II I I I ICII II I I IIII Il II III III I I II I II III
Meridian City 108080951
AMENDMENT TO DEVELOPMENT AGREEMENT
This Amendrnent to Development Agreement (this "Amendment") is made and
entered,into this ~~" day of ~~J~- , 2008, by and between CITY OF NIERIDIAN,
a municipal corpo'ration of the State of daho, hereafter called "CITY", James A. Kissler LLC
("Kissler") and Prime A Investments, L.L.C. ("Prirne A"). Kissler and Prime A are hereinafter
referred to as "OWNERS."
RECITALS
A. CITY, Kissler and other third parties entered into that certain Development
Agreement recorded on August 20, 2004 as Instrument # 104107406 (the "Development
Agreement") on the land described in Exhibit A thereof designated as the "Kissler Property" (the
"Property"). Kissler and the CITY also entered into that certain Development Agreement recorded
on July 23, 2004 as Instrument #104093292 (the "Second Development Agreement") on the 5+/-
acre parcel to the east of the Property described in Exhibit A attached hereto (the "Additional
Property").
B. Prime A purchased that portion of the Property described in Exhibit B
attached hereto (the "Prime A Parcel").
C. Kissler remains the owner of all portions of the Property and the Additional
Property it previously owned other than the Prime A Parcel (collectively, the "Kissler Parcel").
D. CITY and OWNERS now desire to amend the Development Agreement as it
pertains to the Prime A Parcel and the Kissler Parcel in accordance with the terms of this
Amendment, which terms have been approved by the Meridian Planning and Zoning Commission
and the Meridian City Council in accordance with Idaho Code Section 67-6511A.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
1. Except as otherwise provided in this Amendment, Kissler shall be bound by the terrns of the
Development Agreement as it pertains to the Kissler Farcel and Prime A shall be bound by the terms
of the Development Agreement as it pertains to the Prime A Parcel, with the Additional Property
hereby being subjected to and encumbered by the terms of the Development Agreement, as hereby
amended.
2. The Second Development Agreement is hereby mutually terminated by Kissler and the CITY.
AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-008 GATEWAY MARKETPLACE)
PAGE 1 OF 7
3. The Development Agreement as it pertains to the Kissler Parcel and the Prime A Parcel is
hereby amended as follows:
(a) Section 4.1 (page 4) is amended to the limited extent reflected below:
Annexation and Zoning of 36.33 acres to C-G, with the Concept Plan dated
December 22, 2003 showing Commercial uses, Commercial/Office uses, High
Density Commercial uses, Multi-family residential uses, Residential uses, and
Transitional Uses, and all uses shall be required to go through the Conditional Use
Permit process for approval except for the Kissler Parcel and the Prime A Parcel,
with the buildings of said parcels subject to design review approval at stafflevel prior
to or concurrent with the applicable Certificate of Zoning Compliance application(s),
prior to submitting for building permits for each building proposed on these parcels.
(b) Section 5(page 4) is amended to the limited extent reflected below:
OWNERS have submitted to CITY an application for conditional use permit, and
shall be required to obtain the CITY's approval thereof, in accordance with the
CITY's Zoning & Development Ordinance criteria, therein provided, prior to, and as
a condition of, the commencement of construction of any buildings or improvements
on the Kissler Parcel and the Prime A Parcel that require a conditional use permit. It
shall be required that all future uses within the boundaries of the Prime A Parcel
comply with the Findings of Fact, Conclusions of Law and Decision & Order for PP-
06-002, VAR-06-002, and the site specific and standard conditions of approval as
shown in the Staff Report for the hearing date of July 18, 2006 incorporated herein by
reference (collectively the "Development Approvals"), a copy of which is attached
hereto as Exhibit C.
(c) Section 6.A (pages 4-10) is amended by the deletion of any provision thereof to
the extent of any conflict with the following new provision:
Kissler and Prirne A shall each develop their respective parcels in accordance with
the development conditions that are applicable to their respective parcels as set forth
in the Development Approvals, which development conditions supersede the
conditions set forth in the annexation of the subject property (AZ-03-018) in 2003.
(d) Section 6.A.3 (page 5) is amended to the limited extent reflected below:
Kissler and Prime A shall comply with the Development Approvals and the
conditions set forth therein in connection with their development of the Kissler Parcel
and the Prime A Parcel. It shall be required that all future uses within the boundaries
of this annexation only be approved through the Conditional Use Permit process and
either a public or private backage street parallel with Eagle Road/SH 55 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 CUP applications being submitted for any of
AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-008 GATEWAY MARKETPLACE)
PAGE 2 OF 7
the three (3) parcels on the west side of Eagle Road/SH 55. Any residential uses
requi~red by the City Council shall also be addressed as part of the DA.
(e) Section 6.D (pages 9-10) is deleted in its entirety and replaced by the following
new provision:
The CITY agrees to adopt the Recommendations of the State of Idaho Transportation
Department as set forth in VAR-06-002 (Gateway Marketplace) and VAR-OS-023
(Bienville Square).
(~ Section 6.E.1 (page 10) is amended to the limited extent reflected below:
All uses must be approved through the Conditional Use Permit process as shown on
the Concept Plan, dated: DEC. 22 2003, NO. 1529, as presented at the February 24,
2004 City Council meeting, and which Concept Plan is hereby approved and attached
hereto as Exhibit "C", except all future uses proposed on the Kissler Parcel and the
Prime A Parcel located on the southeast corner of Eagle Road and Ustick Road that
are listed in UDC Table 11-2B-2 for the C-G zone and are "conditional" uses shall
obtain conditional use permit (CUP) approval prior to commencement of the use;
uses listed as "permitted" shall not require CUP approval. All future buildings on the
Kissler Parcel shall be required to obtain administrative design review approval prior
to commencement of construction.
(g) Section 15 (pages 12-13) is deleted in its entirety and replaced by the following
new provision:
Kissler and Prime A agree that no Certificates of Occupancy will be issued until all
improvements that are related to public life, safety, and health (including but not
limited to: water, sewer, and power facilities; parking lot paving and striping; and
street paving) are completed. Where approved by the City Engineer, an Owner may
post surety for improvements that are not related to public life, safety, and health,
including but not limited to landscaping, fencing, pressurized irrigation systems, and
site amenities, in order to obtain City Engineer signature on the final plat and/or
obtain a temporary Certificate of Occupaney; no permanent Certificates of
Occupancy shall be issued in any phase in which the improvements have not been
installed, completed, and accepted by CITY.
4. Kissler and Prime A agree to abide by all ordinances of the City of Meridian with respect to
their respective parcels. It is understood that the Kissler Parcel shall be subject to de-annexation if
Kissler, or Kissler's assigns, heirs, or successors, shall not meet the conditions of this Amendment
and any new Ordinances of the City of Meridian as herein provided; and that the Prime A Parcel
shall be subject to de-annexation if Prime A, or Prime A's assigns, heirs, or successors, shall not
meet the conditions of this Amendment and any new Ordinances of the City of Meridian as herein
provicied.
AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-008 GATEWAY MARKETPLACE)
PAGE 3 OF 7
5. This Amendment 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 Amendment shall be binding on Kissler and Prime A and the Kissler
Parcel and the Prime A Parcel, each subsequent owner thereof, and any other persons acquiring an
interest in the Kissler Parcel and the Prirne A Parcel. Nothing herein shall in any way prevent sale or
alienation of the Kissler Parcel and the Prime A Parcel, or portions thereof, except that any sale or
alienation shall be subject to the provisions hereon 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 either Kissler or Prime A, to execute appropriate and recordable evidence of termination
of this Amendment as it pertains to the requesting party if CITY, in its sole and reasonable
discretion, has determined that Kissler has fully performed its obligations under this Amendment or
Prime A has fully perforrned its obligations under this Amendment.
6. If any provision of this Amendment is held not valid by a court of competent jurisdiction,
such provision shall be deemed to be excised frorn this Amendment and the invalidity thereof shall
not affect any of the other provisions contained herein.
7. This Amendment sets forth all promises, inducements, agreements, conditions, and
understandings between the parties hereto relative to the subject matter herein, and there are no
promises, agreements, conditions or understandings, either oral or written, express or implied,
between the parties hereto other than as are stated herein. Except as herein otherwise provided, no
subsequent alteration, amendment, change or addition to this Amendment shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest or their
assigns, and with respect to CITY, pursuant to a duly adopted ordinance or resolution of CITY.
8. Except as herein provided, no condition governing the uses and/or conditions governing
development of the Kissler Parcel and the Prime A Parcel 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.
9. It is expressly understood that the obligations of Kissler under the Development Agreement
and this Amendment are independent of the obligations of Prime A under the Development
Agreement and this Amendment, and the obligations of the other parties to the Development
Agreement, as it may be amended from time to time by CITY, are independent of the obligations of
Kissler and Prime A. Prime A shall have no liability or obligation as a result of a breach of the
Development Agreement and/or this Amendment by Kissler, and Kissler shall have no liability or
obligation as a resul.t of a breach of the Development Agreement and/or this Amendment by Prime
A. Similarly, Kissler and Prime A shall have no liability or obligation as a result of a breach of the
Development Agreement, as it may be amended from time to time, by the other parties to the
Development Agreement.
This Amendment shall be effective as of the date hereinabove written.
AMBNDMENT TO DEVELOPMENT AGREEMENT (MI 07-008 GATEWAY MARKETPLACE)
PAGE 4 OF 7
IN WITNESS WI~REOI', the parties have herein executed this Amendment and
made it effective as hereinabove provided.
OWNERS:
James A. Kissler LLC,
an Idaho '~ ed liability company
By: '
Jam A. Kissler, Member
Prime A Investments, L.L.C.,
a Delaware lunited liability company
By~ /1/-CYY1 ~/~
Pr Reddy, M.D., Manager
CITY:
City of Meridian,
a municipal corporation of the State of Idaho
By: ~
Mayor Tanini~ e Weerd
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Attest: `.``~~~`~ A~1E~~~'.''.
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Jaycee L. lman, City Clerk : SaAL =
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AMENDMENT TO DEVELOPIVIFN'C AG[LF;F..MENT (MI 07-008 GATEWAY MARKETPLACE)
PAGE 5 OF 7
STATE OF IDAHO )
County of Ada
ss:
On this v-~~ day of , 2008, before me, the undersigned, a Notary Public in and
for said State, personally appe red James A. Kissler known or identified to me (or proved to me on
the oath of ~ ) to be a Member of ,TA1v~ES A. KISSLER LLC, the
limited liability company that executed the instrument or the person who executed the instrument on
behalf of said limited liability company, and acknowledged to me that such company executed the
same.
WHEREOF, I have hereunto set my hand and affixed my official seal the day
q!1 inlth~,certificate first above written.
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O4' : Q: Not ublic for ldaho
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RNIA )
County of San Bernardiono )
On this day of , 2008, before me, the unde •si~g~c~, a Notary Public in and
for said State, personally appeared Prem Reddy, M.D., kno r identified to me to be the Manager
of Prime A Investrnents, L.L.C., who executed t' strument, and acknowledged to me that he
executed the sarne.
1N WITNESS WHE~6F, I have hereunto set my hand and affixed my official seal the day
and year in this cert~e~fe first above written.
Notary Public for California
My Commission Expires: _
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AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-008 GATEWAY MARKETPLACE)
PAGE 6 OF 7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ~ ~Y~-l~~
On Z~ ~c~ before me, +~~ N` ~`~~v/~ ~ (_C. ,
Date Here Insert Name an Title ot tfie Officer
personally appeared~~'~~ ~"~""\ 1~ Name(s) ot Si9ner(s)
who proved to me on the basis of satisfactory evidence to
be the person~'s.) whose name~ is/are subscribed to the
within instrument and acknowledged to me that
he/skie,~liey executed the same in his/her/their authorized
capaciry(yes), and that by his/Fier~t#eir signature~ on the
instrument the person~s,l, or the entity upon behalf of
~'~-~ ~ which the person(~,~ acted, executed the instrument.
Comm~on ~ 1802779
~ ~~C~°a°~M0 ~ I certify under PENALTY OF PERJURY under the laws
MyComm,6~t~~22, of the State of California that the foregoing paragraph is
true and correct.
WITNES hand a offi ' 1 seal.
' Signature
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information be/ow is not required by /aw, it may prove va/uab/e to persons re/ying on the document
and cou/d prevent fraudu/ent removal and reaKachment of this form to another document.
Description of Attached Document
Title or Type of Document: I ~ u-^~ ~ Y 1~" -~O~ ~1Q~~ ~~ r`~r"''-`
Document Date: Number of Pages: ~
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:-~Y~'~ l
' ^ Indivitlwal
~ Corporate Officer - Title(s):
^ Partner - O Limited ^ General
~ Attorney in Fact •
^ Trustee Top of thumb here
O Guardian or Conservator
^ Other:
Signer's Name:
O Individual
^ Corporate Officer - Title(s): _
^ Partner - ^ Limited ~ General
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Si ner Is Representing:
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Signer Is Representing:
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Top of thumb here
82007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.Na6onalNotary.org Item H5907 Reorder: Call To11-Free 1-800-87&6827
STATE OF IDAHO )
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County of Ada )
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On this Ot day of v V`~ , 2008, before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee L. Holman., know or 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 instrurnent 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.
~~.........
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AMENDMENT TO DEVELOPMENT AGREEMENT (MI 07-008 GATEWAY MARKETPLACE)
PAGE 7 OF 7
,,
1
EX~I~~I1' A
~:EC~t~L S)lI+.~CR~PTIQIY
~~ F'arce[ of land being a po~t~~~ of ttrc ~a;sk I~Ialf of C,~vernmeni I,ot 4 lyi,ng in tl~e
Norrhw~est t~uartsr of the Nonl~w~est Quarter oF ~ection 4, Tu~nshiP 3 North, Range i
East ~f t~e ~oase Mcridi~n, Ada (;ounty, Idshu, mure particularly descrit~d as foiiows:
Camc»eaeci.ng at ttec I~ForF~west comer of seuci Seepan 4(alsp the No~thw~cst coruer of said
~bvernmeHt L,at 4), Townslup 3 Nocth, Kai~g~ i Easf af thc 8qise Meridian; the~ce Nt,rtt-
8q°49'48" ~ast (fo,xrseel~ North $9°35'22' EASt) a~ong the N'prtherly 1.ine nf said Se~ction
4 s distant~e of 6fi~.8~ fe~et {frirmer~y b64.i5 fi~ea~ tr~ th~e T'[tUE "~b[Nt' c~~' 13fGINNING;
ttienee continuing Nortka 89°49'0$" East (Fo~~rly Nqr~ S9°35'22" ~ast) along the
Nartherly line of s~d Section d a dist~ce oC l 66.19 i~et; t~,ertc~ leavin~ said ~i~rtharly
line, South U(~° 13'~E-" West (formerly ~e~th 00°00'06" ~ast~ a dist~nce Qf 293.0~0 f~e~
thenae varrth 89°18`S6" West {formesly South 89g32'42'' Wesi) a distance of 168.07
(formeriy 166.19 ~`ect): ~CYLCC NOft~ O'OA3S~55" ~t (formerly N~trh ~0°OS'OS" We~t) a
dislanec of 290.48 ~eet (foranerly 293.{a0 f~eCi) to the POITFT OF ~EGNiV!ING. ~
The ataove d~e5cr~:ption was ~r~paa~ed from infa~a#oti eat~taincd in Dee~ of reCOrds of
Ada Coua~ty, Idaho. T~4t th~ result of an actual survey a~d~ on. ~e grourac~
l~fec ~bove described p:~,mc! contains t.119 acr~s, cnare or tess
~
A Parcel of land being a pc>nion of the East Hal~°of Gav~xnmeot Lot ~ lyia~~ in the ~
~~orthwest Q~R~r o~ahe i~oxt~i`v~5t Quac#er crf S~tion 4, Tawr~s~ip~a .Noct}i, RAnge ~
Eask o€the $oise M~ridiaai, Ada County, ldaiao, more particul~rly de~crib~ed as foltows:
C~mmencing at t~e Northwest corner oFsaid 5ecua~ 4(als~ the Norrhwest camer of said
~overnme~nt ~.ot 4), 'Cow~sl~ip 3~vsarth, Ran~~e 1 Easi oF tbe Boise Meridian; the.ncc Suuth
B~°49'p~" East (formcrly Nort4~ 69°35i~2" East) a~ong ihe No~hertly linc v~ s~id S~~ion
4 a distance of 664.84 feet (focmerty Cv64.75 feet) to the TRCT~ PO -N~ flF B~CII~ININC~;
th~nce oont~nuing Souttt 89°49`08" ~~sc {formecly l~orth $9°35'22" ~aut) aloR~ !he
Narth~erly line of ssid Se.~t~on 4 a distance of Ubt~. t9 feet; tF~ncc leavdns saic~ Northeely
line; ~outh QO°35'~~" West (fornl~r~~y Sp~tt~ Op°a(}'U5" ~~st) a dist~~ce of I290,77 feez
(fo~mcr;y 1290.b0 fect~; thence ATvrth B9°S ~'OQ^ Vltest {formcrly South 89°32'42" West)
~~istance 4f 16b:~$ (formerly 166.20 F~et); thenee NoFth 4pQ35'S5" Ea~t (focmecly Nurtb
U0°t)5'05" West} a discance of 12~O.~b feet (farencxl~ ~ 290.73 faet) t4 the FOINT OF'
B~GD~dT~4]S~ICi.
'1~ite above descripti:on wtas pr~pared fxom infonnatian eontaine~ i~r Dced r~coeds af Ada
t:ouroty, Idaha. 1Vot thhe result of An actust survcy m~de o~a the ~o~nd.
`Tta~ above described ppArreel co~tai~s 4,5~7 ~c~s~ €~ore qt Tess.
Exhibit B
~~e~ib.c~~~ ~- we~~~~ ~Q~~c~~.ti+~~~li~
englrtee:r~ & survayor~
120'I~1: Gl~ttis~Rd.
C~ai~c, Tclaho $3706
(208j 3'76-8555
F~ (2(t$) 4Z9•9$62
P:N, 2279 Octobc~ 20, 2005.
~l~~~L ut~» ,
UST`lC~C ~'RC~PERTY
REMAINDER P~RG~L DESCRt:PTl.ON
A par+~eJ of land lying in. the Northwest. 1/4 of SBCtiQn 4, T.~'N., ~R,IE., 'B.M., Ada
Courity, Idahos ~nd bain~ more particularly ti~scribed as follows:
Comme~cing ai the:NortGweyt vomer of suid Section 4, t~ence S 8l 49'08"'E alang the
North boundary of said Section ~ and tl~e cente~aine ofL~s~ick ito~ad~for a dis3ance of
91,62' fce~
thence teav~ng said North bourt,daryand:centedine S Ot'SU'S2" VN f~r'~-di'stance~of77:96
., _ ,
fe~t to a pomt on;thc Soitth nght-0f-w&y`lirie of iJsttck Road, bc%ng the R~AL; IiUkIVT
O~ BEG~FI~G; :
t~e~nce ~lQng seid ~outb ri~ht-vf-way iipe for the foqowing 13 courses:
DF 4a' 02' l4" ~ for s distance of 4?.06 feet;
thenoe S 89- 49'O8~' ~ for a distanca of 262.81 feet;
thence S 47 5l'21" E fbr a distance of A1.18 fc3tst,
thenr~`7V' 8T l?` 1'0" B for a disiaace ot'29:U3 feet;
thene~ N:47 43'35'.' ~.Coc ~-d~stance of 40.57 f~et;
~h~ce TI 89' 13'34" E E'or a distance oE l"79.28 feet (farmerly de~cribi*d as 179.20 feei);
t#~ence S O(1 35'Si" ~ fora dist~nce of 15.25 fcs~t~
th~itoo S gg 4~'a8*' E ft~r a dista~ice of i0.00 feot;
tha~ce ~ 9t7 35'SS" E for a di:st~~oo of 15.4.1 feei;
the~cc N~~` 13''34° ~ f~r a distA~ce oF 81.02 ~i~et;
ft~ence S 43' l9' 18" E~'or a distancts oP41.37 fetsf;
fbencc'N $9- 48'42" ~ for a distance of 39.Q0 ~eet•;
thenee N 43" t"2'19"' E for a dis~anc$ of.2S.~'0 fe~t (fartnet~y described as ~5.84'feei};
thenca (eavit~g sai~ S~uih right-~~:~ra~+ lii~e S 00- 35`40" W.f~nr a di~t~ce-of I69.$3 Peet;
tbeisce ~1`~'89 51.'UU' W~isr a disi.adve of ~63.00 fecC;
th~ncc ~S 00~ 09'00" W'.foc s distanCe of fi2,00 tt~et;
tliencs N g9 51'QO" W fc~r ~ di~tance bf 177.00 feet;
#fl~nce S Otl 09'00" W for a dist~ce ~f 3d.50 f8et;
thenca T~ $9 5i j00" W f~r a distanc~ of2`I8.b7 feet to a poant oa the Bast.right=pf-way
line of ~agfe ltd.;
thanc~ rl OX' 5Q'S2" 8 alop~y said r#ght-uf way iine for a dist~nnce of i038,43 feat to the
'R~A~:. POINT QF,BE~~131NC'r; '
Cc~ntainin$ ] 7.34 ~cce~ of lsad, mora or less,
Prepared by; Todd R tNaite P:L:S~
~-x~~~-~ C
CITY OF MERIDIAN~
FINDINGS OF FACT, CONCLUSYONS OF
LAW AND
DECISION & QRDER
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`'• q41.],~~~,waiv~.~ :'µ•' ~:~
1gU:
In the Matter of Variance request for two accesses to SH 55/ Eagle Road, for Gateway
Marketplace Subdivision by Landmark Development LLC.
Case No(s). VAR-06-002
For the City Council Hearing Date of: April 18, 2006, June 6, 2006, and June 27, 200b with
updated findings for aparoval on Julv 18, 2006 City Counc~l aQenda.
A. Findings ~f Fact
1. Hearing Facts (see attached updated Staff Report for the hearing date of April 18, 2006
incorporated by reference)
2. Process Facts (see attached updated Staff Report for the hearing date of Apzil 1~, 2U06
incorporated by reference)
3. Application and Property Facts (see attached u~dated Staff Report for the hearing date of
Arril 1 R, 200fi incorporated hy reference)
4. Required Findings per the Unified Development Code (see attached undated Staff Report
for the hearing date of April 1$, 2006 incarporated by reference)
B. Conclusions of Law
1. Thc City ofMcridian shall cxcrcisc the powers confcncd upon it by thc "Local Land Usc
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 August 6, 2002,
Resolution No. 02-382 and Maps.
3. Tha conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CAS.E NO(S). VAR-06-002- PAGE 1 of 3
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
impose expense upon the public if proposal is allowed.
6. That the City has granted an order of approval in accordance with this 17eczsion, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, and the all in the attached findings
in the u~dated Staff Report for the hearing date of April 18, 2006 incorporated by
reference. ~
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code ~ 11-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Variance Request for accesses to SH 55/ Eagle Road is hereby ~er~e~
approved; and.
2. Th~nlicant shall e allowed vermanent access to SH 55/Ea~,le Road at two locations:
1,350 feet south of Ustick Road and approximately 850 feet south of Ustick Road.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby norified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit enritles 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
lwCnty-ei~-t (28) day5 aii.er lli~ fuial decisiuu wnc:crning lhC uiatlcr at i~suc_ A rc:e~uest
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review rnay be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to ldaho Code § 67-fi521 an affected person being a person who has
an interest in real• property which may be adversely affected by the issuance or denial of
the condirional use pernut approval may within twenty-eight (28) days after the datc of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Cocie.
E. Attached: Updated Staff Report for the hearing date of April 18, 2006
CiTY OF MERiDIAN FINDINGS OF FACT, CONCLUSIONS Ofi LAW AND DECISION & O1t~ER
CASE NO(S). VAR-06-002- PAGE 2 of 3
By action of the City Council at its regular meetii~g licld on the ~ 0~ day of
2006.
COUNCII, MEMBER SHAUN WARDLE VOTED
COUNCIL ME1vIBER JO~ DORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WC~RD
(TIE BREAKER)
VOTED /% ~/~-r~
VOTED ~ ~~~J
VOTED_~~~
VOTED
~~/~ ~
1
Ma or T de Weerd
\\`\`\\`Y~„ ~ , , ~ ~ ~ ~ ~ ~ r~, ,~~',
~ ~
Attest: `,,. ~~y .,
. ~~
~~ ~
~~Rq ~ ,'~
.~~ ~ - ~~~4~ _
William G. Berg, Jr., C Clerk _ 7 ~
.' '7 ~ 1~ `~
'- p rys~~ ~~~
. ,,~fl ' ~~, `\~~.
Copy served upon Applicant, The Plarfr~~~me~,~`I'ublic Works Department and City
~+nini i~~~,~~~
Attomey.
By _~~, ~~1~,~Q~ Dated: ~ ~ ~- ~ l.D
City Clerk
CITY OF MERTbiAN FINDINGS OE FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASF.Nn(S). VAR-Ob-002-PAC*F 3 nf3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARTNG UA'1'~ UN 4/18/U6
STAFF REPORT City Council ' I
Hearing Date: April 18, 2006 & June 27 2006 ~~ '~ ~
Updated for Julv 18. 2006 findines ~~~r~ ~~~ 1'~
TO: Mayor and City Council ~.,`.~' Y LL~ir~!/~1~~' `' „~~
~ i; ~.,-u ~ y
FROM: 7oe Guenther, Associate City Planner ~~*. `•
Updated bv Anna Cannin~. Director ~'~'~,~Y~y.N~~,^.~N~~~' .~
I i90~.
SUBJECT: Gateway Marketplace Subdivision Variance
File Number: VAR-06-002 - Variance request to allow a right in/right out access
and a right in/right out with a left in access onto Eagle Road, SH 55 for Gatevvay
Mazketplace by Landmark Development Group, LLC. f
1. SUNIlVIARY DESCRTPTION OF APPLICANT'S REQiJEST
The applicant is requesting a variance from Section 11-3H-4 of the Unified Development Code (CTDC
that prolubits new vehicle approaches to state highways. The Variance application proposes a new
approach to Eagle Road, SH 55, one access driveways for right in, right out with a possible left in at
approximately 1,350 feet south of Ustick Road and one access driveway for right in, right out at
approximately 845 feet south of Ustick Road. IT'D staff indicated that the proposed access point does
meet district policies. The Idaho TmnsportAtion Department (ITD) has not approved any approach pc~
on tkus site and has made comment that this site does not qualify for access by starndard district policy
The TfD access executive committee met on March 22, 2006. At the meeting TTD determined that th~
applicant shall comply with the considerations outlined in the approval letter dated March 24, 2006 w
also state the access permit application to be contingent on obtaining a Variance to Section 11-3H of t
UDC. ITD staff aclcnowledged that they were required by state code to issue the access peruuts to
deeded access points on state highways but encouraged the City of Meridian to be the authority on lan
use planning.
The Variance application pertains to the 22.85 acres proposed as a commercial xnixed use developme
the applicant has submitted a development application (PP-06-002) consecutively with the variance
request which will also be heard on April 18, 2006. The City Council has final decision authority on
Variance application.
The main reasons the applicant believes a variance is justified are summarized in Section 3.h. on pag~
of this report.
JuuC 27. 2006. ThC anplicanl's rcx~uest al that hexrint~ was for ri l-in permanentlv and ri h~ t-out
temporarilv at two locations: 1 350 feet south of Ustick Road and approximately 8SU feet south c
Road The Council voted to approvs ri~ t-in and ri t-out (permanentlv) at both locations
2. SUIVIl~IARY RECOMMENDATION
Staff is recommending denial of ihe subject Variance application (VAR-06-002) for the reasons listed
herein. We do not find that the application meets all of the findings required in the UDC in order for t]
City Council to grant a variance (see Exhibit C). Section 11-3H-3 of the LTDC does state that the City
Council may consider and apply modifications to the standards of Article H upon specific
recommendation of the TTD. However, to staffs lrnowledge, no such specific recommendation has be~
provided to date. (See the analysis, beginning with Section 9 on page 5 of this report, for more details.
3. PROPOSED MOTIONS
Gateway Marketplacc Subdivision Access
VAR-06-002
CITY OF MERIDIAN PLANNING AND ZOI~TING D~PARTMENT STAFF REPORT FOR HEARING DATE OF 4/l8/06
Approval
After considering all staff, applicant and publie testimony, I move to approve File Number VAR-
06-002 as presented in the staff report for the hearing date of April 18, 2006, azxd the site plan
(preliminary plat) labeled PP-1, stamped REVISED March 10, 2006 with the following
modifications to the conditions of approval~ (add any proposed modifications).
Denial
After considering all staff, applieant and public testimony, I move to deny File Number VAR-06-
002 as presented in the staff report for the hearing date of April 1 S, 2006, for the following
reasons: (you should state specif`ic reasons for denial of the annexation or plat and you must state
specific reason(s) for denial of the conditional use permit.)
Continu$nce
After considering all staff, applicant and public testimony, I move to continue File Number VAR-
06-002 to the hearing date of (insert continued hearing date here) for tlie followuxg reason(s):
(you should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
SE corner of Ustick Road and Eagle RoadlSH55
Township 3N, Range 1 E, Section 4
b. Owner
James Kissler
1125 W. Amity
Boise Id 83705
c. Applicant:
Landmark Development Group, LLC
Tamara Thompson
1882 Toluka Way
Boise ID 83702
d. Representative: Tamaza Thompson, Landmark
e. Present Zozring: General Retail and Commercial (GG) (AZ-03-018)
f. Present Comprehensive Plan Designation:
Mixed Use-Regional - 2002 Comprehensive Future Land Use Map
g. Description of Applicant's Request:
1. See Exhibit A(prepared by Landmark Development Group LLC) for a copy of the
detailed site pl.w whieh depicts the lot layout, building, parking aud access locations.
Exhibit B shows the proposed landscape plan.
h. Applicant's Stutement/Justification: The upplication notes that the mixed use regi.onal
designation provides for the overall site to be developed with a mixture of RetaiURestaurant
/Drive thru and otlier Commercial and office uses oriented around automobile traffic. The
applicant notes that the site is an ideal location for a retail complex and will provide the
additional landscaping along drive aisles, the design review for structures along the gateway
corridor.
^ There is no possibility of providing a frontage road as ITD policy clairns;
^ ITD has already granted approach permits for the project on the north side of Ustick
Road;
Gateway Marketplace Subdivision Access
VAR-06-002 PACF. ~
CiTY OF MERIDIAN PLANNTNG AND ZONTNG DEPARTMENT STAFF REPORT FOR kIEARING DATE OF 4/t 8/06
^ We believe we are grandfathered.from the UDC based on discussions and annexation
occurring before its adoption.
5. PROCESS FACTS
a. The subject application will in fact constitute a variance as determinecl hy Ci. .ty
Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5,
Article A(Table 11-SA-1), a public hearing is required before the City Council on this
matter.
b. Newspaper notifications published on: Council - March 27 and Apri110, 2006
c. Radius notices mailed to properties within 300 feet on: Council - March 24, 2006
d. Applicant posted notice on site by: Apri17, 2006
e. Citv Council conducted the initial_~eazin~2_foz this item on Anril 18, 2006 and aonroved
the proiect. Before the findings were adopted, the apnlicant reauested reconsideration.
The reconsideration hearinQ was initiallv scheduled for June 6, 2006 and continued to
June 27. 2006.
f. Newspapec notifications for Council reconsideratiQn heatinQ Uublished on: Mav 15, 2006
and Mav 29. 2006.
~. Radius notices for Council reconsideration hearing mailed to gronerties within 300 feet
on: Mav 11, 2U06
h,__ App~icant posted notice on site for Council reconsideration hearin~ bv: Mav 27, 2006.
6. LAND USE
a. Existing Land Use(s): Bare land, single farnily residence
b. Description of Character of Surrounding Area: Large lot residential, highway-oriented
services, rapidly urbanizing.
c. Adjacent Land Use and Zoning
1. North: Future pad sites within Schmitchger Subdivision, Lowe's site zoned C-G.
2. West: Sadie Creek Promenade Subdivision, Bienville Subdivision proposals, zoned
C-G, Rl, and RUT
3. South: undeveloped parcels zoned C-G with Redfeather Annexntion.
4. East: Una Mas conceptual project and ACHD future right of way, zoned RUT-
proposed zone GG
d. History of Previous Actions: In Apri12004, the owners and City entered into a Development
Agreement for various High Density Commercial, Multi-family Residentiul, transitional, and
office uses under File AZ-03-018. Some property was annexed and zoned to General Retail
and Commercial (C-G) with a Development Agreement while other portions of the property
(on the west side of Eagle Road) were not included in the annexation leaving out parcels
which were addressed with the original conceptual plan.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Extension of mains in Ustick Road
Gateway Marketplace Subdivision Access
VAR-06-002 PAGE 3
CITY OP MERIDIAN PLANNINQ ANU ZONiNG D$PARTMENT STAFF REPORT FOR HEARTNG DATE OF 4/t $/O(i
Location of water: Extension of mains in Ustick Road
Issues or concems: None
2. Vegetation: Agricultural/Irrigated
3. Flo~d plain: N/A
4. Canals/Ditches Irrigation: The Finch Lateral courses the southern part of properiy
and ihe Millc Lateral courses the northern part of the property
5. Hazards: None identified
6. Size of Property: 22.85 acres
7. Description of Use: Retail, Office, C~mmercial, and Restaurant uses and associated
parking and landscape improvements along Eagle Road.
f. Summary of Prop~sed Streets and/~r Acces~ (rrivate, public, common drive, etc.):
• The applicant is proposing two new access points to Eagle Road/SH55 to serve
the (iateway Matketplace project at approximately 850 feet and 1,350 £eet south
of the Ustick/Eagle Intersection.
6. A(:F,NC'V C'QMMENTS All agencies pro~ided comments for the plat application being heazd
simultaneously with the variance request. Please see the public record for the Plat file for any written
comments that may have been submitted by other agencies.
7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed
Use-Regional' on the Fuhure Land Use Map. In Chapter VII of the Comprehensive Plan, this designation
is defined in part as an area that is situated in highly visible or transitioning parts of the City where
innovative and tlexible design opportunities are ancouraged. Tha MTJ-R has no upper limit on the squnre
footage of non-residential uses and is intended to allow a broad range of uses.
Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application:
~ Chapter VTI, G~al N, nhjective 1~, Act.i.c+n 2: Restrict curb cuts and access points on collectors
and arterial streets.
The AC;FII) evnlu~te.s ac.c.e.ss points in the.ir arurlysis; no direct lot access is allowed to arry ojthe
arterial/collector roadways. The proposed access points to the arterial streets generally comply
with ACtID's standards. Please see the ACI~ID stagreport and Exhibit B for the conditions from
ACFIl~. 1 he ldaho 'L'ransportation Uepartment (ITD) has a policy for access to a Type IV
Principal Arterial will be at intersections only, and spaced at one-half mile intervals in urban
areas. ITD allows approaches (other than intersections) in special cases and o» a temporary
basis. The Eagle Road access shall be eliminated from the plat design if the Meridian City
Council does not grant a variance and/or ifl'TD does not approve an approach for this site.
• Chapter VQ, Goal N, Objective D, Action 5: Require appropriate landscape and buffers along
transportation corridor (setback, vegetation, low walls, benms, etc.).
Tiee applicant is proposing to construct appropriate buffers along all of the adjacent arterial
streets with the exception of the curb cut shown on the site plan. By ordinance, a minimum 25-
foot wide landscape bu,fJ'er is required adjacent to residential uses and 35 foot wide landscape
bufJ'er to Gateway Corridors. The landscape plan shows the appropriate landscape bufj`'ers.
Gateway Marketplace Subdivision Access
VAR-~(y-Q(12 PAGE 4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMrN'1' STAFF KN;PUR'I' FUR Hk~:AK1N(i llA'1'~ UF 4/18/U6
^ "The capacity of arterial. ..roadways can be greatly diminished by excessive driveway
connections to the roadways. The City should cooperate with ACHD to minimize access points
vn arterial. ..roadways as development applicarions are reviewed." (Chapter VI, page 72)
^"Develop methods, such as cross-access agreements, frontage roads, to reduce the number of
existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79j.
~ "Restrict curb cuts and access points on ...arterial streets." (Chapter VII, Goal IV, Obj, D, #5,
page107)
^"Require appropriate landscape and buffers along transportation corridors (setback, vegetation,
low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Acrion item 4)
^ "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III,
Objective D, Action item S)
8. TJNIFIEED DEVELOPMENT CODE
'I1rC fulluwuig UDC sections are pertuient to this application:
a. Development along Federal and State Highways: Unified Development Code (UDC) 11-
3H-1 ~ PUI'pUSC. OIIC Uf ~I1C QliCC pUIPUSC JL"dlCtIlCIItS 15 t0 "luuit acccss ~oints to state
highways in order to maintain traffie flow and provide better cuculation and safety within the
community and for the traveling public."
b. LTDC 11-3H-4.B, Standards: Access to State Highway -"Use of existing approaches sha11 be
allowed to continue provided that the following conditions are met:
1. The existing use is lawful and properly pemutted effective Septexnber 15, 2005.
2. The nature of the use does not change (for example a residential use to a commercial
usej.
3. The intensity of the use does not increase (for example an increase in the number of
residential dwelling units or an increase in the square footage of commercial space)."
c. UDC 11-3H-4.B.2, Standards -"If an applicant proposes a change or inerease in iuatezisity of
use, the owner shall develop or otheruvise access to a street other than the state highway. The
use of the exi~ting arprnach shall cease and the approach shall be abandoned and removed.
1. No new approaches directly accessing a state highway shall be allowed.
2. Public street connections to the state highway shall only be allowed at:
a. the section line road; and
b. the half-mile mark between section line roads. These half-mile connecting streets
shall be collector roads."
d. UDC 11-3H-4.B.3, Standards -"The applicant shall construct a street, generally paralleling
the state highway, be designed to accommodate 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."
9. ANtALYSIS
9a. Analysis of Facts Leading to Staff Ltecommendation for Denial
Listed below are various documents in the public record pertaining ta this appli.c~tion. The
relevant points within each document and an analysis of those points follows (staff's analysis in
italics). For additional analysis, see the Variance Findings in Exhibit C.
Gateway Marketplace Subdivision Access
VAR-OG-002 PAGE 5
C1TY' OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4lL8/06
• Annexation ~
In September 2U03, Plazuung Staff inember Brad Hawkins-Clazk included the following
constraints on the development agreement in the staff report for the Kissler Annexation:
"Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial
should be protected by minimizing the number and location of private driveway access
connections to this important roadway. The City should recognize, adopt and help implement
the Eagle Road Access Control Study, prepared by ACHD in 1997." (Chapter VI, Subsection
2, pg. 71)
No access points are proposed or addressed as part of this application. The Planning &
Zoning Department has had recent discussions with I7D District 3(Sue Sullivan) regarding
controlled and restricted access points adjacent to SH2O-26, SHSS and SH 69 in Meridian's
Area of linpact,. We are reco»i»sending I7D coordinate with the City of Meridian to require
backage roads be constructed on al! parcels with stc:te highway frontage, wherever the parcel
sizes and configurations allow. Therejore, in light oj this recent policy discussion, staff is
recommending the Commission and Council require backage roads (either public or private)
be incorporated into future development as a condition of the DA. (See Site Specific
Cunditiun l~3 beluw.)
Site Spec~c Condition #3 reads: The DA shall require that all future uses within the
boundaries of this annexation only be approved with either a public or private backage street
parallel with Eagle Road/SH 55 be incorporated into the design of future site plans.
Testimony was taken at the public hearing on the Kissler Annexation February 24, 2004.
C.oiutcil Member Rird made the moti~n with a ccmtingency on the extent of the approval that
stated:
"We are basically just annexing the property, we are not giving any go ahead on anything or
any designs, so with that said I would move that we approve AZ 03-O18, the a~anexation and
zoning of Kissler, Cobb, and Ruwe parcels and to take condition number three as per
applicant's statement."
^ Development Aeseement
The following findings were made and written into the development ag'eement for AZ-03-018.
Adopt the Recommendations of the State of Idaho Transportation DepaKment as follows:
1. SH/SS has been designated a Principal Arterial. IDT would like to preserve this corridor by
recognizing the following conditions:
a. Future right of way widths will be: A. 120 feet each side of ~centerline (24U feet tota!)
for building setbacks and to include a frontage road, or B: 70 feet each side of centerline
(140 fcet total) if the developer provides an internal fronta~e road type system to feeder
roads.
2, ~ccess to a Principal drterial Type 1 V will be intersections only, and spaced at one mile
intervaJs in rural areas and one-half mile intervals in urban areas. Approaches (other than
intersections) maybe permitted in special cases and on a temporary basis as follows:
(1) Allowed until state highway system is improved by a construction project at which
Gatewoy Mazketplace Subdivision Access
VAR-06-002 PAC;F. 6
CITY OF MERIDIAN PLANNINCi ANll LUNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06
time an access will be provided to the property, which may not directly access the state
highway system, but may be via a frontage or backage road.
(2) Shall be recorded at the County Recorders Office.
(3) Temporary access restrictions will be noted on the permit.
20. It is found that any future uses will impact the level and flow of traf,~'ic on the surrounding
streets. Specifie traffic counts will be determined at the time of development application. In
accordance with Comp Plan policy #Il (pg. 79) and policy #2 (pg. 107), it is found that the
number of vehicular access points to Ustick and Eagle Roads should be restricted and comply
with AChID policies in order to preserve the capacity and movement on these roadways at build-
out.
• Traffic Accident Data
The following is the 2004 accident data from the Meridian Police Department for the Eagle
Road corridor. Of the top 10 intersections in Meridian for total number of accidents, six of
those intersections were along Eagle Road/SH55 (Overland, Magic View, St. Luke's,
Franklin, Lanark and rairview).
2004 TOP 10 MERIDIAN ACCIDENT LOCATIONS
INTERSECTION TOTAL # ACCIDENTS
EAGLE/FAIRVIEW 82
FAIRVIEW/LpCUST GROVE 46
MERIDIAN/OVERLAND 44
EAGLE/FRANKUN 41
FAIRVIEW/RECORDS 39
EAGLE/MAGIC VIEW 30
EAGLE/LANARK 28
EAGLE/ST LUKES LN 28
MAIN/FRANKLIN 23
EAGLE/OVERLAND 20
In 2004, 228 of 1,357 total accidents in the City (16.7%) occurred on Eagle Road. There is a
direct correlatiou UelwcCn lhe numbcr of acc;CSS poinls/inteisectivn5 along a roadway and the
potential for accidents. The higher the accessibiliry, the lower the mobility. While staff is not
arguing that every new driveway or public street access to Eagle Road will cause or be
directly responsible for accidents, we do believe restricting the number of new accesses helps
to ensure a safer roadway.
^ Ea 1~ e Road Arterial Study - Final Report (Apri12004)
This study (not to be confused with the 1997 Eagle Road study referenced in Chapter VI of
the Comprehensive Plan) was endorsed by the City Council in a January 20051etter to Eric
Shannon, ITD District Engineer, and was also endorsed by the ACHD Commission. '1'he
study includes the following recommendations:
Gateway Marketplace Subdivision Access
VAR-06-002 PAGL 7
CITY OF MERIDIAN PLAi~TNING AND ZONING DEPARTMENT STAFF REPORT FOR HEAWNG DATE O~ 4/18/06
- Fara. 3.Z.5, pg. 4: "TTD and ACHD should work together with the municipalities to
identify the specific public streets and private approaches on Eagle Road to be
closed, over tirne, via access consolidation, provision of secondary access, etc. .."
AC.HD has provide.~! hvo acc.e.ss points to the site which lie along Ustick Road. The
availability of Cross Access to collector and arterial road systems would preclude
any access to Eagle Road which would consolidate the accesses to the new public
street (Allys Way) or the approved approaches to Ustick Road. These approaches
all lie within 1, 3S0 feet of Ustick Road or S00 feet to the future collector roadway
which would be an acceptable length of which commercial users would ezpect public
road access.
- Para. 3.2.6, pg. 4: "The existing circulation network within and between existing
developed parcels should be reconfigured to reduce the number of access points to
Eaglc Road and to allow morc local trips to bc madc without thc nccd to travcl on
Eagle Road. This concept should be incorporated into municipal planning and zoning
policies. . ."
Meridian's adoption of the UDC, Article H, demonstrates the City's commitment to
retlueing lhe numLer uf lrips und pulenliul uccideals un Eagle Ruud.
^ Access Analvsis
ITD must issue a right-in/right-out permit and a full access permit for this site, and the access
is further contingent on the Meridian City Council granting a variance to UDC 11-3H. At
this time the policy in place would be for frontage roads to serve this site and provide
connection to the'/Z mile and the collector road systems. TTD has submitted a letter
indicating that they will not make a final decision on approving access to Eagle Road until
such a time as the Meridian City Council has formally acted on the Variance request. City
staff does not suppart any access to Eagle Road in this location.
Qn Marck~ 22, 2006, IT7~ conditinnally is~ued the two acc~s points to F,agle R~ad at the
locations defined by the applicant. Please see the letter in the file dated Mazch 24, 2006.
In addition, the applicant is proposin. g twn new accesc Point~ t~ Uctick Ro~d at the fnll~wing
locations:
^ Driveway #1 - 350 feet east of F.agle (right-in/right-~ut with center median)
^ Driveway #2 - 700 feet east of Eagle (full access)
Ustick Road, from I,eslie Drive to Allys Way (on the east side of Eagle Road), including the
Eagle Road intersection, has just been widened and improved to five lanes. The intersection
was widened to include dual left him lanes.
In addition, the recorded DA between the applicant and the City requires either a public or
private street be constructed parallel to Eagle Road/SHSS. AGHI~ has stated that the arrlicant
shall provide cross access south and east to connect to the future collector roadway east of the
site and the connection to the signalized access proposed south of the site at River Valley
Drive. ACHD staff will be in attendance for the Apri118, 2UU6 hearing and have stated their
opposition to access on Eagle Road as it dimuushes the classification and function of the
future North/South collector roadway (Allys Way), if excessive points of access aze allowed
to Eagle Road ACfID may change the road proj ect to a lesser classification or not construct
Gateway Marketplace Subdivision Access
VAR-06-002 PACiF. R
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/ I 8/06
the project at all.
This project along with the Una Mas Project east of the site will connect with Ally Street, a
proposed public street serving as a collector roadway to the entire azea. The design received
Match 10, 20061ines up at three points to the east as requested. The area plan (Una Mas
Annexation) shows private, intemal driveways connecting to the future public street; such
driveways run mostly eastlwest connecting the Kissler site to Ally Street and ultiumately
Ustick Road. Staff has required both the ACHD and Una Mas annexations to enter into a
Development Agreement with the City of Meridian to make the connection to Allys Way.
ACHD would also like for Gouncil to consider asking the developer to modify the DA to
include applicant participation in constructing the collector roadway. ACHD Sta£f notes that
the DA requires the applicant to construct a frontage/backage road, similar to what is being
done by the Winston Moore project on the NW corner of Ustick and Eagle. ACHD has
acquired property to facilitate the appropriate location and alignment of such
frontageJbackage roud, but they do not have funds committed for coz~struction. It may be
appropriate to tie development of the subj ect property to construction of the collector
roadway.
For a detailed report on both TTD's and ACHD's actions and comments, please see the
lettersfreports submitted with the application. TTD and ACHD will have staff available for
comment and questions at the public hearing.
^ Applicant Ar~uments to Grant Variance
Tl~e applicaut's arguinents to graut the variauce were sununarized in Sectiou 3.h of ttus report
(page 2). Flease see the application for more details. Staff does not believe the applicant's
arguments meet the "findings test" for granting a variance. The fact that the applicant had not
begun the process of securing access to Eagle Road at this location before adoprion of the
UDC is not the right question. The quesrion required by the UDC (11-3H-4.B.a) is, "Was
there a lawful and properly permitted existing use effecrive September 15, 2005?" 'The
answer is "no," because the site was annexed, but did not have any specific uses approved nor
any use pernuts granted for the property. All properties being annexed znto the City of
Meridian require future uses to be upgraded to meet the City of Meridian Standards and
required all future uses to comply with Comprehensive Plan policies and ordinance standards.
ITD had not approved access permits to this site prior to September 15, 2005.
The fact that ITD has already granted approach pemuts in the ~rea is also nat the i.ss~~e at
hand for the City Council. The City Council is charged with enforcing the terms of the City's
ordinances - in this case Article H of the UDC and detemuuing the variance based on the
City's own findings.
The applicant claims that due to physical constraints on the site that they will not be able to
create a frontage road. Staff responded citing TTD's policy that states a frontage "type" of
conn.ection may be utilized, which does not have to be with a public road connection.
ACHD has approved two access points to Ustick Road, which will be upgraded at the
controlled intersection east of the site. ACHD has also provided a public road connection
(future Allys Way collector) which will provide the frontage road requirements for the
subject site. Planning Staff required multiple cross access points to the north which vaere to
be designed as commercial collectors with appropriate widths and limited connections for all
sites SE of the Usrick Eagle Intersection (Una Mas and ACHD's Anne~cation) Staff
conditioned these road connections to serve as the frontage type roadways with limited access
Gateway Marketplace Subdivision Access
VAR-06-002 PAGE 9
CITY OF MERIDIAN PLANATING AND ZONING DEPARTMEIVT STAFF REPORT FO1C Hk':A.K1NCi llA'1'~ UF 4/IS/U6
(no parking) as requir~ by ACHD for traffic circulation and no fiu~ther connections to Allys
Way. Access to Eagle Road would not be necessary if properly designed and managed.
These public access points are less than 1,350 feet from any point on the site and when
properly designed, staff feels that the size of the site does not constitute reason for a variance
as it is common to drive less than 1/4 of a mile when accessing a public road system,
especially for commercial uses along a major roadway (LJstick Road).
Furthermore, the UDC includes a statement that an access "may" be granted, if approved by
TTD. However, the UDC explicitly states there must be an "existing use thnt is lawful and
properly permitted" prior to September 15, 2005. No such use has yet been approved and all
uses existing on site are to increase the intensity of the use and change the nature of the azea
which are prohibited by City Ordinance.
9b. Staf~Recommendation: Based on the Comprehensive Plan and UDC policies listed under
Section 8 of this report as well as the analysis of findings shown in E~ibit C, staff finds there is a
lack of evidence and grouuds to gruit new velucular access poiuts to Eagle Road/SH55. Plaiuung
Staff find:
~ The request does not meet the standards for access approval as required by UDC 11-3H.
• The letters received from TTU during the 2003-2004 annexation process make no
guarantees that pern~anent access points would be approved
• TTD specifically stated their opposition to access. at this site in 2003 and the City of
Meridian incorporated their recommendation as a consideration for annexation.
• City of Meridian Council Members are on public hearing record in 2004 opposing access
points to ~agle Road for the eastern. side of the development and required a frontage road
access only.
• These access points are not shown in the Eagle Road Corridor Study.
• No reference to prior access approvals from the City of Meridian was found in any
documentation
• Staff has made findings for the Gateway Marketplace preliminary plat for Allys Way to
be the required frontage road with the project development. Again, the Council may vvant
to consider tying development of the subject property to the construction of the Allys
Way collector road. The finding for frontage road will satisfy the ITD policies for
interconnectivity and provide adequate access for commercial development as well as
meet the intent of the Development Agreement. Staff is also concerned that i£ access to
Eagle Road is granted that ACHD will not construct Allys Way to the level of service
being considered which would mean a frontage road would not be provided for the site
and this finding would not be made.
Finally, we do not believe the applicant's arguments meet the "findings test" for granting a
variance. Therefore, staff recommends denial of the subject application. We have prepared
findings consistent with this recommendation in Exhibit C.
Gateway Marketplace Subdivision Access
VAR-06-002 PAGE F-0
C!?Y OP MERIDIAN PLANNTNG ANll GUN1NCi U~Y.AIt'1'M~:N'f STAFF REPORT FOR HEARiNG DATE OF 4/18/06
10. EXHIBITS
A. Pr~ject Plan (hy The Land Group, Stamped Mazch 10, 2006)
B. Legal Description
C. Required Findings from UllC: (Variance)
Gateway Marketplace Subdivision Access
VAR-06-002 PAGE 11
C!"1'Y UF MERiD1AN PLANNIN(i AND ZONINQ p6PAR'fMr;NT STAFF REPURT FOR HEARINC DATE OF 4/18/06
Exhibit A: Overall Concept Plan (Red Cliff Development Company)
Meridian Gateway Variance Application
Exhibit A Tagc 1
CITY OF MERiD1AN PLANNING AND ZONING D~PARTMENT STAFF REPORT FOR HEARING DA'TB OF 4/l8/06
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Exhibit A Page 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARl'MENT STAFF REPORT FO~ HEAKINU llA'1'~ UF 4/18/U6
Eachibit B: Legal Description
clc~iborn ~ wai~e c~nsu(~ir~c~~..flc,_
ongineers & surveyor•s
12U T, CuAis Ltd.
Boiac, Tdaho G3~OG
(208j 376-8555
Fax(20S) 429-9862
P.N. 2279 October 20, 2005
PARCEI. "A->
USTICK PROPERTY
REMAINDER PARCEL DESCRIPTION
A paroei of land lying in the Northwest 1/4 of Saction 4, T.3N., R1S., B.M, Ada
Counry, Idaho, and being more particularly describai as foilowa:
Comrn~eiag at the Northweat corner of said Secaion 4, thenc~ S 89 49'08" E atong the
North boundary of said Section 4 end the oenterflne of Uetick Road for a distance of
97.62' feet;
t6ence leaviag said North boundary and oeaterline S Ol' S0'S2" W fur a dietanco of 77.9b
feet to a poiru on the South right~of-way line of Uetick Road, being the R~AI. YOIN7'
OF BEGWNWG;
thence aloag eatd Soutl~ right-0f-way liae f+or the foUowing 13 oourses:
N 44 02' 14" E for a distence of 47.06 feet;
thence S 89 49'0$° ~ for a distaiece of 26Z.81 fee~
th~ce S 47 S1'21" ~ for a distenoe of 41.18 feCt;
theac;e N 87 1 T' 10" E for a dlstem;o of 29,03 feot;
thertce N 47 43'35" E for a dietance of 40.57 feet;
thence N 89' 13'34" E for a distanco of 179.26 feet (formcrly dacribod as 179.20 fac[);
:li_n~c _~ G:; ~,';y"' .
1~ lU[ r G~~li~iH.~. ui 1 J.~J 14't7t,
theuce S 89 49'08" E for s diatentc of 10.00 fcet
I~IrOCC '~ i~{~ :..~ h. lu. 2~HS~L~.aa uf l5 4 i 1CCt[.
C:1ProjeqalUstld~LLA (2279)1DowmenlslPac,al A.dor 1 -
Meridian Gateway Variance Application
Exhibit B Page 1
C1TY OF MERIDIAN PLANMNG AND ZONING DEPARTMENT STAFF ItEPORT FOR HEARINC DATE OF 4/18/06
eioiborn ~ wai~e consulting, Iic
engineers 8 surveyors
120 N. GYutia Rd,
Boise, Idaho 83706
(208) 376-8555
Fsx(208)429-9862
P.N. 2279
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PARCEL "B"
USTICK PItOPERTY
5.31 ACRE SPLIT
A parcel of l~cd lying in the Northweat 1/4 of Section q, T.3N.. R, lE., B.M., Ada
Coumy, Idaho, and being more particulerly described as follows:
Commancing st the Northwest ~raer of satd Scction 4, thenoe 5 89 49'08" E along the
North boundary of said Section 4 aod the ocmerline of Uatick Road for a distance of
97.62' feet;
thencc leavipg said North boundary and centc~iine 5 Ol' S0'S2" W for a distattcc of 77.%
feet to a poi~rt on the F.est rig}u.of-way liae vf Bagle Road;
thence along sa~d ~est right-of-way line S Ot' S0'S2" W for a distsnce of 1038.43 fea to
the RLAL POIIVT OF BTGINNING;
thence conti~wiag slong said Bast rigM.of-way line S Oi' S0'S2" W for a diatance of
154.90 fcet;
tbence 5 00 36' 13" W along said Eest right-of-way line for a dietanc~ of 114.1'I feet;
thence to$ving eaid ~qst rigtrt~of-way Iine S 89- S 1'~0" E for a distauce of 700.02 feet;
thenCe N OOr 36' 13" E for a distance of 93.77 f~aet to the South boundary of Governmem
Lot 4 of said Sectioo 4;
thence S 8g 51'00" E along said South boundary for a discance of 61.35 feet;
f}~/Mrr ~~Ps~inn roi~l C. ~1~ l.~ . I.. w~ ~ur '+ •~" ~- f •. ~• - ... . f•C~f~
..~ . .. ~~:.. .. 1.'i~i..,T:' ~ S ~ a J':tL:11,. ~7. «. 1.. Q
thence N 84 51'UO" W for a distance of 363.00 feec;
ii cn::. , ~ ~n ;,:. r~c7~ ~1' ;. , ~
:: ~1i:.1`au. i' ui G.. Ui! l~t•I.
C:\ProjectslUstickl.LA (2279)IDa.~mentslParoel B,doc• 1 -
Meridian Gateway Variance Application
Exhibit B Page 2
C1TY OF MERIDIAN PLANNING AND ZONING DEPARTMEN'I' S'1'AYF REPORT FOIi HEARING DATE OF 4/18/Q6
thettce N 8g S 1'00" W fcr a ciistance af 3 7%.00 feet;
thence S OU 09'00" W for ~ distancc of 34.50 feet;
thence N 8g 51'00" W for a distance of 218.67 feet to the REAL PQ1NT OF
BEGINNING;
containing 5. S 1 acres of land, more or less.
Prepared by: Todd R Waite P.L.5,
C~1ProjectslUstickLLA (2279)lllocumentslPAnoelA.doc- 2 -
CTTY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING UA'1'~ Ur' 4/18lU6
Exhibit C: Required Findings from UDC (Variance)
The City Council shall apply the standards listed in Idaho C;ode 67-6516 and al! theJindings
listed in Section 1 X-SB-4.E of the UDC to review the variance request. In order to grant a
variance, the Counci/ shal/ make fhe following findings:
A. The variance shall not grant a right or special privilege that is not otherwise allowed
in the district:
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The Councii finds that this variance will notp_rant a svecial ri~ht or nrivile~e. Because so
much of Ea~le Road has developed with many access points, the adopted Code has the
effect of penalizin~nroperties that are now tr~ui~ to develop alon~ the corridor. The
C~cil supports considerin e~ ach proposal for access to Ea~le Road on a case-by-case
b~is to evaluate this findin,g,
B. The variance relieves an undue hardship because of characteristics of the site;
Mcridian Gateway Variance Applicacion
Exhibit C Page 1
CITY OF MERIDIAN PLANNING AND ZpI~iING DEPARTMENT STAFF REPORT FOR HEARING DATE OF 4/18/06
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~ fundamental ~hvsical feature of Commetcial develon~g~}t is access to the propertv.
access uoints will limit the safe concerns and tra .ffic imnacts while providin~ access to
the site and relieve an undue hardshia.
C. The variauce sLall uot be detrimeutal to the public health, safety, and welfare.
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A full access intersection creates 32 notential conflict voints. A ri~ht-in, ri~ht-out onl
with center medians limits the rotential conflictpointt to four The applicant ~roposes to
mitieate these four conflict voints bv pxgy~~g adequate acceleration and decelera ion
lanes. The Council finds hat a roved ri t-in ri t-out access oint will limit the
safetv concerns on the site and will not be detrimental to the nublic health, safetv, and
welfare of the comuni
Meridian Gateway Variance Application
Exhibit C Page 2
CITY OF MERIDIAN
FYNDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of a Preliminary Plat Approval for 18 Commercial lots for Gateway
Marketplace Subdivision by Landmark Development Group, LLC.
Case No(s). PP-06-002
For the City Council Iiearing Date of: July 18, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Repod for the hearing date of July 18, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of July 18, 2006
incorporated by reference)
3. Application and Property Fucts (scc attachcd Staff Report for the heaning date of July18,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of July 18, 2006 incorporated by reference)
B. Conclusions ofLaw
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 Codc (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its i7nified 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 August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-06-002- PAGE 1 of 4
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.
G. That the Cily has grdnLed an urder oCappruval in au;orciance with this Decision, which
sha11 be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Plannin~ Deparhnent, the Public Works Departrnent and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date o:f 7uly 18,
2006 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-SA and
based upon the above and foregoing Findings of Fact which are herein~ adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Prelimin~ary Plat
stamped Revised Mazch 10, 2006 is hereby conditionally approved;
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of July 18, 2006 incorporated by reference; and,
3. Allvs Wav shall.serve as frontaQe road. with apolicant particinating in the
construction costs as reauired bv ACHD.
4. Access to Ea~le Road shall be as aoproved bX VAR-06-002.
D. Notice of Applicable Time Limits
Notice of Twelve (12) Month Preliminary Plat Durarion
Please take notice that approval of a preliminary plat, combined prelinninary and final
plat, or short plat shall becorne null and void if the applicant fails to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
azid confonns substautially to die approved preluninary plat, such segments, if
submitted within successive intervals of eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approval. Upon vvritten request
and filed by the applicant prior to the ternunation of the period in accord with 11-6B-
7.A, the D'uector may authorize a single extension of time to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
C1TY OF MERiDIAN F1NDINCS OF FACT, CONCtUSTONS OF LAW AND DECISION & ORDER
CASF. Nn(S). PP-~Ci-(102- PAGF ?. 0£4
determined and approved by the City Council may be granted. With all extensions, the
Director or City Council may require the prelirninary plat, combined pzeliminary 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
~xtecisiun, the property shall be required to go through the platting procedure again.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use periuit eiititles lhc Owner to request a regulatory takirxg 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 rcqucst
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
Mcridian, pursuant to Idaho Code § 67-G521 a~i affeclCd pCrson being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the condirional use permit approval may within twenty-ei~ht (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 July 18, 2006
CTTY OF MERIDIAN FINDINGS OF FACT, GONCLUSiONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-06-002- pAC}E 3 of 4
By action of the City Council at its regular meeting held on the !~~ da of
Y
, 2006.
COUNCIL MEMBER SHAUN WARDLE VOTED__~~r~~
COUNCIL MEMBER JOE BORTON
COUNCIL MEIVTBBR CHARLIE ROUNTREE
COUNCIL NiEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED /~~''~~ ~
VOTED-~6~'~~``''
VOTED__~9K~
VOTED "~~
M\~y ' ~' ' ~Uj~eerd
`~,,~ ~'C -,~~i ~_1-
Attest: ; ~~ ~'F
0
5~:~~ -
- y -
illiam G. Berg Jr. City erk ~
, , %y 7 ~r ~-c . ` ~ `,,,~
t ~., ~~
~
..,g ~ . ,~ *~•
.
Copy served upon Applicant, The Planni g~D~e~~~nt,~Public Works Departnnent and City
Attomey.
By: / ~ Dated: ~I -ZU OL~
City Clerk
CIZ'1' OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). PP-06-002- PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT 3TAFF KtrURT FUK'rHt ritaKiNG uA~f~ Ur~ 7/18/2UU6
STAFF REPORT
Hearirig Date: ~~:, , o~~
Revised for July 1 S, 2006 hearing
Meridian City Council
Planning Commission
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TO:
FROM:
SUBJECT:
Staff: Joe Guenther Associate Ci Planner `'`'y~:~ ~,.,~: ~
r tS' K~ ~•~~,~:.*,•v.. - s'fi~d
Anna Canning~ Director
Meridian Planning Department
208-884-5533
Gateway Marketplace
PP-06-002 - Preliminary plat for 181ots on 22.85 aczes for Gateway Macketplace
by Landmark Development Group, LLC.
1. SUIVINIARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Landmark Development Group, LLC, is requesting approval of a Freliminary Plat for 18
commercial lots to construct up to 250,000 square feet of retail and restaurant uses on approximately
22.85 acres within the Gateway Marketplace development at the Southeast comer of Ustick Road and
Eagle Road/SH-55 with a Variance to Chapter 3 Article TI of UDC for acccss to Eaglc Road. This is the
second application and would be the third commercial project constructed within the Kissler annexation
project AZ-03-018 where Sadie Creek Promenade and Bienville Square Subdivisions aze also included
vvith the subject annexation. The 22.85-acre site was approved for annexation with a Development
Agreement (DA) in Apri12004 under the name Kissler Annexation (see File No. AZ-03-018). The DA
(Instruxnent No. 104107406) rec~uires thixl any future use b~ cousisteut with the approved plans for the
annexation. A concept plan for the overall site was submitted with the preliminary plat application
showing building layouts, public access, cross access and drive aisles.
2. SUMMARY RECOMMENDATION
History: The Planning Commission heard the item for the firsl timc un FCbruary 16, 200G. Oii FeUiuary
16, 2006 the Planning Commission detailed their concerns on landscaping, interconnectivity, building
1 aynut and rarking lot configuration. The main point of discussion was on the potential future public road
which would provide connection from the site to the east and connect with Allys Way and the access
poin.ts to Eagle Road. The commission made a recommendation to see a redesign citing staffs concerns
and included a public road connection to Eagle Road at the southern property boundary. The commission
made a second motion to direct staff to work with TTD and ACHD and forward to the City Council a
recommendation to have a signalized intersection with a puhlic street connection at the '/a rnile point south
of the Eagle/Ustick intersection to facilitate an intersection bypass. On March 16, 2006 the Commission
recommended approval of the Gateway Marketplace Preliminary Plat redesigned March 10, 2006.
The variance request proposes two new approaches to N. Eagle Road/State Highway 55, one for right-
in/right-out access driveway and one planned for a full access point. The Idaho Transportation
Department (I'I'D) has not approved any approach permits on tYus slte and has made comment that this
site does not qualify for access by standazd district policy. The ITD access executive committee met on
March 22, 2006. At the meeting TI'D deternvned that the applicant shall comply with the considerations
outli.ned in the letter dated March 24, 2006. The Development Agreement for the 22.85 acres does
require a frontage type of road. Staff feels that the future collector road east of the site sufficiently
addresses the interconnectivity of the site and may be substituted as a frontage road in cooperation with
the adjoining properties (LTna Mas and ACHD annexations). The design will provide a public street
acccss to Ustick Road with the three points of cross access to the east, and potential future public street
south of the site to access the future Allys Way.
Gateway Marketplace Subdivision page 1
PP-OG-002
CITY OF MER1blAN PLANNING DEPARTMENT STAFF REPORT FUR THE HEAKIN(i UA'1'~ Ut' '//18/2UU6
On Apri15, 2006 Meridian City staff and ACHD Right of Way Division staff met to discuss the required
public street connection to the future collector road (Allys Way). ACI~D would not approve a public road
connection to Eagle Road and would only consider a public road connection to % mile east ot Eagle Road
at the south property line. If the City Council denies the approaches, Staff feels the design of the plat
would adequately provide interconnectivity by allowing two points of connection to Ustick Road, three
points of connection the future collector road west of the site, and cross access to the south where the
future signalized intersection with River Valley Drive will connect to Eagle Road.
Staff is recommending approval of the subj ect application (PP-06-OU2) witb. the conditions contai.ned in
Exhibt C of this report. Staff is also recommending denial of the access variance (VAR-06-002) as
outlined in the Variance staff report also to be heard on Apri118, 2006.
The Meridian Planning and Zoning Commission hcard thc itcm on March 16, 2006. At thc March 16,
2UU6 public hearing they moved to recommend approval.
a. Summary of Public Hearin~:
i. Tn favor: Tamara Thompson (applicant's representative)
ii. In opposition: None.
iii. Conuneuli~~~: Nuuc.
iv. Staff presenting applieation: Joe Guenther
v. Other staff commenting on application: None.
b. Key Issues of Discussion by Commission:
i. Constructing sidewalk along McMillan Road and Meridian Road with the fust
phase of the development.
c. Key Commission Changes to Staff Recommendation:
i. Including a full access to Eagle Road at '/< mile south of Ustick Road.
ii. Supporting a public road connection at % mile south of Ustick Road.
d. Outstanding Issue(s) for City Council:
3. PROPOSED MOTIONS
Approval
Ai3er considering all staff, applicant and public testimony, I move to approve File Number PP-06-
002 as presented in the staff report for thc hearing date of April 18, 2006, axid the preliminary plat
labeled PP-1, stamped REVISED March 10, 2006 with the following modifications to the
conditions of approval: (add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny k'ile Number PP-06-
002 as presented in the staff report for the hearing date of April 18, 2006, for the following
reasons: (you should state specific reasons for denial of the annexation or plat and you must state
specific reason(s) for denial of the conditional use permit.)
Continuancc
After considering all staff, applicant and public testimony, I move to continue File Number PP-
06-002 to the hearing date of (insert continued hearing date here) for the following reason(s):
(you should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Adciress/Location:
SE corner of Ustick Road and Eagle Road/SH55
Township 3N, Range lE, Section 4
Gateway Marketplace Subdivision page 2
PP-06-002
CITY OF MERIDIAN PLANNINO DEPARTMEIVT STAFF REPORT FOR THE HEARING DATE OF 7/18/2006
b. ~WIleI
Jatnes Kissler
1125 W. Amity
Boise Id 83705
c. Applicant:
Landmark Development Group, LLC
Tamara Thompson
1882 Toluka Way
Boise ID 83702
d. Representative: Taxnara Thompson, Landmark
e. Present Zoning: General Retail and Commercial (GG) (AZ-03-018)
f. Present Comprehensive Plan Designation:
Mixcd Usc-Rcgional - 2002 Comprehensive Future Land Usc Map
g. Description of Applicant's Request:
1. See Exhibit A(prepared by Landmark Development Group LLC) for a copy of the
detailed site plan which depicts the lot layout, building, pazking and access locations.
Extubit B shows the proposed landscapc plan.
h. Applicant's StatemendJustification: The application notes that ttze znixed use regional
designation provides for the overall site to be developed with a mixturc of RctaiURestaurant
/Drive thru and other Commercial and office uses oriented around automobile traffic. The
applicant notes that the site is an ideal location for a retail complex and will provide the
additional landscaping along drive aisles, the design zeview for structures along the gateway
corridor.
5. PROCESS FACTS
a. The subject applications will in fact constitute preliminary plats as determined by City
Ordinance. By reason of the provisions of the Unified Development Code Title 11
Chapter 6, a public hearing is required before the City Council on this matter.
b. Newspaper notifications for initial hearing published on: Council - March 27 and April
10, 2006
c. Radius notices for initial hearine mailed to properties within 300 feet on: Council -
March 24, 2006
d. Applicant posted notice on site for initial hearing by: Apri17, 2006.
~. Citv Council conducted the initial hearing for this item on Apri118. 2006 and approved
the project. Before the finding.s were adopted, the applicant requested reconsideration.
The reconsideration hearin~ was initially scheduled for June 6, 2006 and continued to
June 27 2006 The project was again conrinued to Julv 18. 2006 in ~rdcr lu inwrporalcel
ACHD conditions of approval (see Exhibit B for ACHD's conditions).
f News~aner notifications for Council recor~sideration heari.n~published on: Mav 15. 2006
and May 29, 2006.
Radius notices for Council reconsiderationhearln mailed to ro ~ s ' f et
on: May 11. 2006
h Applicant posted notice on site for Council reconsideration hearing bv: Mav 27, 2006.
Gateway Marketplacc Subdivision page 3
PP-06-002
CITY OF MERIDIAN PLANNiNG DEPARTMBNT STAFF REPOK'1' t'UR THE HEARING DA7'E OF 7/18/2006
6. LAND USE
a. Existing Land Use(s): Bare land, single family residence
b. Description of Character of Surrounding Area: Lazge lot residential, highway-oriented
serVices, rapidly urbanizing.
c. Adjacent Land Use and Zoning
1. Nurth: FLture pad sites within Schmitchger Subdivision, Lowe's site zoned C-G.
2. West: Sadie Creek Promenade Subdivision, Bienville Subdivision proposals, zoned
C-G, Rl, and RUT
3. South: undeveloped parcels zoned GG with Redfeather Annexation.
4. East: Una Mas conceptual project and ACHD future right of way, zoned RUT-
proposed zone C-G
d. History of Previous Actions: In Apri12004, the owners and City entered into a Development
Agreement for various High Density Commercial, Mulri-family Residential, transitional, and
ofIIce uses under File AZ-03-018. Some property was annexed and zoned to General Retail
and Commercial (GG) with a Development Agreement while other portions of the property
(~n the west side of Eagle Road) were not included in thc annexation leavuxg out parcels
which were addressed with the original conceptual plan.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Extension of mains in Ustick Road
Location of water: Extension of mains in Ustick Road
Issues or concems: Water main connection in Eagle Road is required.
2. Vegetation: A~riculhuaVIrrigated
3. Flood plain: N/A
4. Canals/Ditches Irrigation: The Milk Lateral bisects the property
5. Hazazds: None identified
6. Size of Properiy: 22.85 acres
7. Description of Use: Up to 250,000 squAre fcct of Retail, Commercial, aucl
Restaurant uses and associated parking and landscape improvements.
f. Subdivision Plat Information -
The submitted plat contains 181ots in a C-G proposed zone with commercial uses.
Commercial uses are shown to be a mix of restaurandretail spaces with six approximate
30,000 square foot buildings and 8 appmximate 3,000 to 6,000 square foot buildings and
8 approximate 2,000 square foot attached buildings, and one approximate 40,000 square
foot office/retail building.
g. Landscaping -
1. Width of street buffer(s): Per the Future Land Use Map, both Ustick Road and Eagle
Road aze designated as "Entryway Corridors." As such, the UDC (Table 11-2B-3)
requires a 35-foot wide street buffer adjacent to both roadways. The landscape plan
(Sheet L1.1) proposes a 35-foot wide buffer along both Ustick and Eagle Roads. If the
Gateway Marketplace Subdivision page 4
PP-06-002
CITY OF M&RIDIAN PLANNiNG DGPARTMENT STAFF REPORT FOR THE Nt`AKIN(i DATE OF 7/I$/Q006
applicant proposes to construct the "Entryway Corridor" buffers in easements they
must meet the landscaping standards required in the UDC.
2. Percentage of site as open space: The UDC does not require open space or site
amenities for commercial uses.
4. Other landscaping standards: The landscape buffer along Ustick Road should be
constructed in accordance with UDC Chapter 3, Article B.
h. Planned Development Characteristics - N/A
i. Conditional Use Information:
1. Non-residential square footage: 250,000
2. Proposed building height: 65 feet
3. Percentage of site devoted to building coverage: 25%
4. Percentage of site devoted to landscaping: Not defined
5. Percentage of site devoted to paving: Not defined
6. Percentage o~ site devoted to other uses: N/A
7. Number of Residential units: N/A
j. Amenities - The applicant is not required to provide an amenity
k. Off-Street Parking (residential uses) - N/A
1. Proposed and Rec~uired Residential Standards - N/A
m. Proposed and Required Non-Residential Parking - One off-street parking space required for
every S~A ~quare feet of gross floor area. This may be addressed during detailed CiJP rcvicw,
CZC review, and/or building design review but the design appears to meet the minimum
standards of the UDC parking requirements.
n. Summary of Proposed Streets and/oz Access (private, public, comznon drive, etc.):
^ The applicant is propos'vng two new access points to Euglc Road/SH55 to serve
the Gateway Mazketplace project at approximately 700 feet and 1200 feet south
of the Ustick/Fagle Intersection.
As noted above, ITD must issue a right-in/right-out permit and a full access pemut for
this site, and the access is further conringent on the Meridian City Council granting a
variance to UDC 11-3H. At this time the policy in place would be for frontage roads to
serve this site and provide connection to the '/a mile and the collector road systems. ITD
has submirted a letter indicating that they will not makc a dccision on approving access to
Eagle Road until such a time as the Meridian City Council has formally acted on the
Variance request. City staff does not support any access to Eagle Road izi this location.
In addition, the applicant is proposing two new access points to Ustick Road at the
following locations:
^ Driveway # 1- 3'S0 feet east of Eagle (right-in/right-out with center median)
^ Driveway #2 - 700 fcct cast of Eagle (full access)
Ustick Road, from Leslie Drive to Ally Street (on the east side of Eagle Road), including
the Engle Road intcrscction, has just been widened and 'unproved to five lanes. The
intersection was widened to include dual left turn lanes.
Cratcway Marketplace Subdivision page 5
PP-06-042
CITY OF MERIDIAN PLANNINO DEPARTMEN7 STAFF REPORT FOR 7HE HEAKINCi UA'l'k UY 7/18/2006
In addition, the recorded DA between the applicant and the City requires either a public
or private street be constiucted parallel to Eagle Road/SH55 that may connect to the north
boundary and may also connect to Eagle ltoad, if allowed by ITD at a point to be
determined by ACHD. ACHD has stated that the applicant shall provide cross access
south and east to connect to the future collector roadway east of the site and the
connection to the signalized access proposed sowth of the site at River Valley Drive.
This project along with the Una Mas Project east of the site will connect with Ally Street,
a proposed public street serving as a collector roadway to the entire area. The design
received March 10, 20061ines up at three points to the east as requested. The area plan
(Una Mas Axxnexation) shows private, intemal driveways connccting to thc future public
street; such driveways run mostly east/west connecting the Kissler site to Ally Street and
ultimately Ustick Road.
For a detailed report on both ITD's and AC~ID's actions and comments, please see the
letterslreports submitted with the application.
7. AGENCY COMIV~NTS MEETING On December 28~' 2005, staff held an agency comments
meeting. The agencies and departm.ents present included: Meridian Fire Department, Meridian
Meridian Public Works Department, and the Sanitary Services Company. Staff will included all
comments and recommended actions as Conditious uf Appraval if lhc Mcriclian planning
Commission requests approval of the design as presented. If the Meridian Planniug Commission
agrees with the staff analysis that a redraw of the plat will be required of the site then staff will
provide comments at such time as a new proposal is ready for Commission review.
8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated `Mixed
Use-Regional' on the Future Land Use Map. In Chapter VII of the Comprehensive Plan, this designation
is defined in part as an area that is situated in highly visible or transitioning parts of the City where
innovative and flexible design opportunities are encouraged. The MLJ-R has no upper limit on the square
footage of non-residential uses and is intended to allow a broad range of uses.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed development (staff analysis in italics below policy):
• Require that development projects have planned for the provision of all public services.
(Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The Ciry oJ Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
• The subject lands currently lie within the jurisdiction of the Meridian Rural Fi~•e
District. Once annexed the lands will be under the jur-isdiction of the Meridian
City Fire Department, who currently shares resource and personnel with the
Meridian Rural Fire Department.
• The subject lands currently lie within the jurisdiction of the Ada County Sheriff's
Offce. Once annezed the lands will be servtced by the Meridian Police
DepaKment (MPD).
~ The rnadway.c adjacent tn the .cuhject land,c are currently ~wned and maintained
by the Ada County Highway District (ACIID). This service will not change.
• The subject lands are currently serviced by the Meridian School District #2. This
service will not change.
Gateway Marketplace Subdivision page 6
PP-06-002
C1TY OF MERlp1AN PLANNITIG DBPARTMEN'(' S'1'AF't KrPURT FOR THE HEARTNG DATE OF 7/18/2006
The subject lands are currently serviced by the Meridian Library District. This
service wil! not change and the Meridian Library District should suffer no
revenue loss as a result of the subject annexation.
Municipal, fee-supported, scrvices will be provided by the Meridian Building Depurtment,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning Depanment, Meridian Utility Billing
Services, and Sanitary Services Company,
~ Chapter VII, Goal I, Objective B: Plan foz a variety of commercial and retail opP~rtunities
within the Impact Area.
Stafffrnds that the site is designated forMU-R on the Comprehensive Plan Fun~re. Larrd Use
Map, Although strictly commercial uses have not been spec~cally planned for this property
on the Comprehensive Plan Future Land Use Map the DevelopmentAgreementfrom the
ar~nexu[iun shuws this portion as commercial and consistent with the overa[! site plan when
combined with the proposed Bienville Subdivision, and Sadie CreekPromenade Subdivision
which are all bound by the same develoPment agre.ement. The bulkproposal of uses would
also meet the general classifications for mi.xed use regional.
• Chapter VII, Goal I, Objective D, Action 5: Locate uew couuziunity commereial azeas on
arterials or collectors near residential azeas in such a way as to complement with adjoining
residential areas.
Ustick Road is classif:ed as an arterial roadway. The applicant is not proposing access from
the adjoining commercial areas by way of cross access, sidewalks or shared streets which
will provide future connection to residential areas east of the site along UstickRoad. Staff
believes that the commercial areas proposed compliment the existing and planned residential
areas in the vicirtily.
~ Chapter VII, Goal N, Objective D: Encowage appropriate land uses along transportation
corridors.
StafJ''believes that the proposed land uses are appropriate along the adjoining transportation
corridors (UstickRoad and Eagle Road). Staf,~`'supports the proposed uses at this site as they
are consistent with the M'ixed use regional district and the approved development agreement.
• Chapter VTI, Goal N, Objeetive D, Action 2: Restrict curb cuts and access points on
collectors and arterial streets.
The AChID evaluates access points in their analysis; no direct !ot access is allowed to any of
the arterial/collector roadways. 77te proposed access points to the arterial streets generally
comply with ACHI~'s standards as detailed in the stafjreport. Please see the ACHD staff
report contained in the file.
.lTD has indicated that they will not act on the proposed access points to Eagle Road until
such a time as the Meridian City Council acts on the variance requests.
The ldaho Y'ransportation Department (ITD) has a policy for access to a Type I'V Principal
Arterial wil! be at intersections only, and spaced at one-hadf mile intervals in urban areas.
ITD allows approaches (other than intersections) in special cases and on a temporary basrs.
The Eagle Road access shall be eliminated from this project.
• Chapter VII, Goal N, Objective D, Action 5: Require appropriate landscape and buf~ers
along transportation corridor (setback, vegetation, low walls, berms, ete.).
Gateway Mazketplace Subdivision page 7
PP-06-002
CITY OF MERIDIAN PLANNINO DEPARTMENT STAFF REPORT FOR THE HEARING DAT~; Ur' 7/I8/2UU6
The applicant is proposing to construct appropriate buffers along all of the adjacent arterial
streets. By Ordinance, a minimum 35 foot wide landscape buffer to Gateway Corridors. The
landscape plan shows the appropriate landscape bu,(Jrers.
Sta.ff also finds the following 2002 Comprehensive Plan text policies to be applicable to this
application:
^"Require all new parlang lots to provide landscaping in internal islands." (Chapter V, Goal
III, Obj. D, #3, page 43)
^ "Eagle Road is the major north-south arterial in Ada County. The capACity of this artcrial
should be protected by minim;zing the number and location of private driveway access
connections ta this important roadway. The City should recognize, adopt, and help implement
the Eagle Road Access Control Study, prepared by ACHD in 1997." (Chapter VI, page 71)
^"The capacity of arterial. ..roadways can be greatly dirninished by excessive driveway
conncctions to the roadways. The City should cooperatc with ACHD to mix~uae access
points on arterial. ..roadways as development applications are reviewed." (Chapter VI, page
72)
^"Develop methods, such as cross-access agreements, frontage roads, to reduce the number of
existing access points on to arterial streets." (Chapter VI, Goal II, Obj. A, #12, page 79).
^ "Identify t~eu~itiunal u~ncs lo buffcr commcrcial and residential uses, to allow uses such as
offices and other low intensity uses." (Chapter VII, Goal I, Obj. B, #7, page 102)
^"Restrict curb cuts and access points on ... arterial streets." (Chapter VII, Goal IV, Obj. D,
#5, page 107)
9. U1~TIFIED DEVELOPMENT CODE
a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-21ists retail
storeJrestauranVdrive thni/ office/ financial institute uses as permitted uses in the GG zoning
district.
b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide
for the retail and service needs of the community in accord with the Meridian Comprehensive
Plan. Four Districts are designated which differ in the size and scale of conaznercial structures
accommodated in the district, the scal.e and xnix of allowed commercial uses, and the location
of the district in proximity to streets and highways. C-G General Reta_il And Service
Commercial District: The purpose of the GG district is to provide for commercial uses which
are customarily operated entirely or almost entirely within a building; to provide for a review
of the impact of proposed commercial uses which are auto and service oriented and are located
in close proximity to major highway or arterial streets; to fulfill the need of travel-related
services as well as retail sales for the transient and permanent motoring public. All such
districts shall be connected to the municipal water and sewer systems of the city, and shall not
constitute strip commercial development and encourage clustering of commerczal
development.
c, General Off-Street Parlting Standazds (from UDC 11-3C-5):
The following standards shall apply for off-street vehicle pazking for nonresidential uses: In all
Commercial Districts the requirement shall be one ,1) snace for every five hundred (500) square
feet of ~ross floor area.
d. Structures Subject to Design Standards (11-3A-19B5): All structures on property adjacent to
an entryway corridor (Ustick/Eagle Roads) are subject to the design standards listed in this
section.
Gateway Marketplace Subdivision page 8
PP-06-002
CITY OF MERIDIAN PLANN[NG DEPARTMENT STAFF REPORT FOR Tl-i~ Hr;AR1N(i DATE OF 7/18/2006
e. Outdoor storage/refuse areas (I 1-3A-12): Outdoor utility meters, HVAC equipment, trash
dumpsters, trash compaction and other service functions shall be incorporated into the overall
ciesign of buildings and landscaping so that the visual and acoustic impacts of these functions are
fully contained and out of view from adjacent properties and public streets.
f. Development along State and Federal Highways (11-3H-4B2): If an applicant proposes a change
or increase in intensity of use, the owner shall develop or otherwise acquire access to a street other
than the state highway. The use of the existing approach shall cease and the approach shall be
abandoned and removed.
a. No new approaches directly accessing a state highway shall be allowed.
b. Public street connections to the state highway shall only be allowed at:
i. the section line road; and
ii. the half-mile mark between section line roads. These half-mile connecting streets shall be
collector roads_
Section 11-3H-3: The applicant shall construct a street, generally paralleling the state highway,
be designed t~ accommodate 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. The intent is to provide for future connectivity and access to all properties
fronting the state highway that lie between the applicant's property and the nearest sec#on line
road and/or half-mile collector road. The street shall be designed to collect and distribute tra, f, fic
(emphasis added).
10. ANALYSIS
10a. Analysis of Facts Leading to Staff Recommendation
The revised PP application substantially complies with the Unified Development Code. Below
are several special considerations for the P&Z Commission to review at the public hearing:
Analysis of Faets Leading to Staff Recommendation
PP Application (PP-OG-002): Tti~ REVISED prcluninary plat can be conditioned to eomply
with the Unified Development Code.
IIased on the policies and gual~ wi~lairxr,~l iu lhc Cumprehensive Plan and the general Compliance
of the proposed development with the Unified Development Code, Staff believes that this is a
good location for the proposed development. Please see E~chibit D for detailed analysis of the
required facts and fmdings for a Zoning Amendment.
Non-Residential Buildings: The applicant has requested a maximum of 250,000 square feet of
retail/restaurandoffice spaces. Staff does not propose to limit the applicant to theur request as this
area is designated as commercial, is surrounded by other commercial uses and is a prime location
for intense commercial uses designed in a clustered fashion.
Drive Thru Separation: The applicant has requested several lots to be drive thru retail uses which
have a spacing requirement of 300'. Since the site plan is conceptual in nature staff feels that the
applicant shall design the site to meet the 300' standard separation for drive thru uses with this
Gateway Marketplace Subdivision page 9
PP-(}b-002
CITY OF MERfUTAN PLANNINa DEPAR7'MBNT STAFF REPORT FOR THE HEARING PATG OF 7/l8/200G
application. If a drive-thru use is proposed within 300' of another drive thru then, a conditional
use application must be approved.
Access to SH 55/ Ea~le Road: The applicant has requested an access point to Eagle Road.
According to TTD records, the applicant has submitted a request for access pernut but is not
vested with an access point for this locarion as the change in use is the deciding factor as to when
an access point be granted. Currently the site has no access to Eag1e Road and the use is
agriculturaUresidential where the plat will change the use to commercial. an.c~ i:c subj ect to the
design requirements of UDC 11-3H. UDC requires that all access for Gateway Marketplace
Subdivision shall be taken from Ustick Road at points determined by ACHD.
Uses: All other lots shall be limited to Office/RetaiURestaurant/Drive thru uses and General
Commercial uses listed as pernutted in UDC Table 11-2B-2. Any uses (excepting Drive thru)
not listed as permitted shall be subject to condi,tional approval.
Sidewalks: The applicant is proposing to construct internal sidewalks on the major tenant
entryways of the internal streets/drive aisles. The design shows the incorporation of the eight-foot
walkway which is directed to the main access to the commercial building. When and if the plat is
resubmitted sis recommended, the applicunt shall provide a consistent pedestrian access corridors
as shown on the revised site plan dated March 10, 2006.
Commcrcial Amcnitics: Thc applicant is showing additional landscaping/patio/seating outside
along lots 1, 17, and 18. Staff supports the elimination of additional parking along Eagle Road
and when the detailed approvals aze submitted for each building the applicant shall ensure these
features are included as amenities in the intersections of the gateway corridors.
Landscave Street Buffers:
Arterials: UDC 11-2B requires a 35-foot wide street buffer along classified arterial roadways
and entryway corridors. Eagle Road and Ustick Road are classified as Arterial Roads. On the
submitted landscape plan, the applicant is proposing to construct a 35-foot wide street buffer
along Ustick Road and Eagle Road. The applicant should be required to depict the required
stre~t buffcr~ un ltie facc uf the fu~al plat ui an easenient or place the required buffers in
common lots as per UDC 11-3B. See Exhibit B below.
Commercial StzCets: UDC 11-2B requu~es a 10-foot wide street buffer along commercial
roadways. The submitted plat does not include commercial cross access east and south. Staff
feels that a designed commeroial eross access street shall be provided and subject to the
landscape standards for commercial street buffers. Within the 10-foot street buffez, a
detached sidewalk shall be provided.
Ditches. Laterals. and Canals: There are several irrigation laterals that bisect this parcel. Per UDC
11-3A-6, all irrigation ditches, laterals or canals, exclusive of nattu~al waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdiviciCCl ~hall be lilecl. Thc
applicant is proposing to tile all of the irrigation facilities located on site. See Exhibit B below.
Pressure Irri a~: tion: The City of Meridian requires that pressurized irrigdtion ~ya~cu~s bc ~upplied
by a year-round source of water (LJDC 11-3A-15). The applicant should be required to utilize any
existing surface ~r well water for the primary source. If a sul'faCe or well source is not available,
a single-point connection to the culinary water system shall be required. If a single-point
connection is used, the developer will be responsible for the payment of assessments for the
common areas prior to signature on the final plat by the City Engineer. An underground,
pressurized irrigation system should be installed to all landscape areas per the approved
specifications and in accordance with City Code. See Site Exhibit R hel~w.
Ciateway Marketplace 5ubdivision page 10
PP-06-A02
CITY OF MERIDIAN PLANNING DGPARTMENT STAFF REPORT FOR THE HEARING DATE Uk' 7/18/2U06
~ The applicant is not showing any fencing on any of the submitted plans. A detailed
fencing plan should be submitted upon application of the fmal plat (UDC 11-3A-7). If penmanent
fencing is uot pruvided, temparary construerion fencing to contain debris must be installed around
the perimeter prior to issuance of a building permit. All fencing should be installed in accordance
with City Code. See Exhibit B hel~w.
~ross-access Tnternal: There are some commercial lots that do not have frontage on a public
street. Instead the a~plicant is praposing to provide cross-access easements to the lots that do not
have public streat frontage. Because several of the proposed lots do not have frontage on a public
street, the applicant should provide a cross parking/cross access agreement for all of the lots
within the retail and other commercial portions of the subdivision to use the driveways and
parking aisles. Access to Eagle road shall be determined by the Meridian City Council and at
least the non-signalized aecess point to Ustick Road shall be designed to scrvc as a commercial
collector for interconnectivity to the south and vehicular movement in the north/south direction in
cooperation with the parcel east of the site. Maintenance of the drive aisles and parldng areas
should be provided for in a note on the face of the final plat, AND/OR in a document such as
CCRs. See Exhibit B below.
Cross-access South: The applicant shall be required to provide cross access to the parcels soutla
of the site. The project is a portion of a larger site project (Kissler Annexation) and the sites shall
mnintnin consistent traffic flow for the entire site.
Ea~le Road Access: The Idaho Transportation Department (ITD) has a policy for access to a
T}+pe N Principal Artcrial will be at intersections only, and spaced at one-half uu1C intervals in
urban areas. TTD allows approaches (other than intersections) in special cases and on a temporary
basis. The access points shown at approximately 850 feet south and 1350 feet south of the Ustick
Eagle Road intersection shall be eliminated as it does not meet criteria of either ITD or the
Meridian Comprehensive Plan.
Load~~P~Snace Parking: UDC 11-3C-8 requires off-street loading spaces for commercial uses.
The Certificate of Zoning Compliance (CZC) application shall clearly demonstrate that both a
Type A and Type B space are available on site, located near the refuse/service area behind the
building.
Elevations: The applicant has not submitted building elevations of the proposed structures. The
application lists the proposed building materials, including st~ne, hrick, stucco and timber to be
accented with chrome, aluminum and gloss painted trims. UDC 11-3A-19 requires all structures
on property adjacent to an entryway corridor to comply with the design standards listed in this
section. Staff's interpretation of the UDC is that the applicant may choose to place the "primary
entrance" on an elevation other than the public street side. However, the public street elevations
(i7stick R~ad and Ragle Road) must still meet the other standards listed in 11-3A-19 (except for
the primary entraace standards).
The elevations will need to be reviewed prior to issuance of CZC to comply with the following
ordinance standards:
a) Facades: Facades visible from a public street shall incorporate modulations in the fa~ade,
roof line recesses, and projections along a minimum of twenty percent (20%) of the
length of the facade.
b) Roof lines: Roof design stu~ll demonstrate two or more of thc £ollowing: a) ovcrhanging
eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying pazapet heights; and e)
Gateway Marketplace Subdivision page 11
PP-Qh-002
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAlt1N(i llA'1'E UF 7/18/20U6
cornices.
c) Mechanical equipment: All ground-level and rooftop mechanical equipment shall be
screened to the height of the unit as viewed from the property line.
d) Color and Materjals: Exterior building walls shall demonstrate the appearance of high-
quality rnaterials of stone, brick, wood or other native materials. Smooth-faced concrete
block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as accent
materials.
Refuse/Service Area ~cFeen: Neither the Site Plan or Landscape Plan call-out how or if the
refuse/service area on the east side of the buildings will be screened. UDC 11-3A-12 requires the
visual and acoustic impacts of these funcrions are fully contained and out of view from adjacent
properties and public streets. The applicant's CZC application must clearly demonstrate how this
standard is met.
Cross Access: The property to the south is dependent on access for interconnectivity and is
directly tied with the existing Development Agreement for providing a frontage road to Usrick
Road. The applicant has provided a design not showing any poi.nts of access withi.n the
immediate vicinity. These points of access are paramount on the success of the general area and
staff feels a minimum of three points of cross access shall be provided to the east and one point of
acc~s to the south, which shall all he de~igned to private street ~ta.nciards for pedestrian and
vehicular traffic circulation.
Strip DevelQpment: The purpose statement of the General Commercial District specifically
reads, "shall not constitute strip commercial development and encourage clustering of
commcrcial dcvclopmcnt." Thc comprchcnsivc plan policics fiuthcr rcads, "Usc thc
comprehensive plan, subdivision regulations, and zoning to discourage strip development, and
encourage clustered, landscaped business or residential development on entryway corridors."
The applicant has revised the plans to address this concem. Changes to the original design
uiclude moviug access pouits away froiu Ustick to allow for better stackiug, this also eliuiiuated
the small lots along the ustick frontage and replaced them with more xetaiUrestaurant uses on
larger pad style uses. These pad uses also incorporated additional landscapeing screening and
redirection of traffic/pedestrian movement along Ustick. The applicant also removed one large
box user pad and moved it to a pad in a central location, shown on the redesign as lot 11. The
applicant has revised the landscape plan and has included six landscape strips with internal
sidewalks to break the parking lot into smaller sections. $taff would find that the redesign of the
project would not constitute strip development as shown on Ehe design revised March 10, 2006.
9b. Staff Recommendatfon: Based on the above analysis, staff finds the xevised Prelizninary
Plat applicarions confarms to the adopted DA, Comprehensive Plan policies and UDC standards.
As noted under staff analysis we recommend the building elevations be submitted in compliance
with the entryvuay cc~rridc~r stanclarcl.~, the aeee.cs pc-int tn F,agle Road he eliminated and
redesigned. Staff recommends approval of the application subject to the conditions of approval
shown in Exhibit B.
11. E~~ITS
A. Drawings
1. Preliminary Plat (by The Land Group, Revised March 10, 2006)
Gateway Marketplace Subdivision page 12
PP-06-002
Cl'I'Y UF' M~KIUTAN PLANNIN(i DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/]8/2006
2. Landscape Plan (by The Land Group, dated March 7, 2006)
B. Legal Description
C. Conditions of Approval
1. Planning Department
2. Public Works
3. Fire Department
4. Police Department
5. Pazks Department
6. Sanitary Services
7. ACI-ID dated
D. Required Findings from UDC
1. Preliminary Plat
Gateway Mazketplace Subdivision page 13
PP-06-002
CITY OF MERIDIAN PLANN-NQ DEPARTMENT STAFF REPORT FOR Ttf~ k1rAKING DATE OF 7/18/2006
EJChibit Al: Preliminary Plat PP-1(The Land Group) Revised March 10, 2006
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Gateway Marketplace Subdivision
Exhibit A Page 1
C(TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT F'OK'I'H~ HtAR1NG DATE OF 7/l8/2006
Exhibit A2: Landscape Plan Ll.l(The Land Group) Dated March 7, 2006
Gateway Marketplace Subdivision
Exhibit A Pa~e 2
GITY OF MERIDIAN PLANN[NQ DEPARTMEhIT STAFF REPORT FOR THE HEARING DATE OF 7/18/2006
Exhiblt B: Legal Descripdon
claiborn ~ w~ire c~nsuitin~L.E~c.
engineers &. surveyor•s
I20 I~. Curtis ltd.
Boisc, Td~tio ~370G
(208j 376-8555
Fax(20S)429-9862
~.N. 22~9 ocro~er 20, Zoas
PARCEI. "A"
USTICK PROPERTY
REMAINDER PARCEL DESCRlPT[ON
A parce) of land lying in the Northweat 1/4 of Section 4, T.3N., R1B„ B.M, Ada
County, Idaho, and being more pertiailarly descxibed as follows:
Comme»ciag et the Northwoat cot~r of said Sectian 4, thenoe S 84 A9'08" E elong the
North boundary of seid Section 4 and the centertine of Ustick Road fot a distance of
97,62' feet;
thence leaving eaid North boundery and cemerline S 01' S0'S2" W for a distanc0 of 77,96
feet to a poiqt oa die South ~ight~f-way line of Ustick Road. bcing the REAI, ppIIVT
OF BEGDYNING;
thence along said South right-of-way line fvr the following 13 couraes;
N 44' 02' l4" B for a distance of 47.06 feet;
thence S 89 49'08" 8 for a distance of 2b2.81 feet;
thence S 4Z S1'21" E for a distence of41.18 feet;
thence N 87 1~' 10" E for a distance of 29.03 feet;
thence N 47 43'35" E for a distence of 40.57 fat;
thence N 89 13'34" E for a distance of 179,28 fcet (formerly described as 179.20 feet);
:L~.u~~ _' C;; :T~ ": .."' i. P~i ~ d;~u.:~.... w i~..:~ i~~c:i,
thcace S 89' 49'08" E for a distence of 10.00 feet;
ihrncr Iv ~:a~ t..• t•. tu. ~: ~iis~:,:,,:c ut 1?.4 i 1ec1.
C:1Pro}ectalUttlelcLLA (2.279)1DocvmentalPnroel A.do~ 1 -
Gateway Marketplace Subdivision
Exhibit B Page 1
CiTY OF MERIDIAN PGANNING DGPARTMENT STAFF REPOAT FOR TNE HEAKIN(i llATE OF 7/18/2006
ricaiborn ~ uua~te eonsuiting, IIc
engineers & survey4rs
l20 N. Cti,rtiq Rd.
Boise, ldaho 83706
(208) 376-8553
~ax(208)429.9862
P.N.2279
Octaber 20, 2005
PARCEL "B"
USTICK PROPERTY
5.51 ACRE SPLIT
A parcel of laad lying in the Northwest 1/4 of Ssaiun 4, T.3N., R.l~., B,M, Ada
Coutity, Idaho, and being more particulariy described as follows:
Com~mencing at the NortLwest comer of said Section 4, tbenca S 89 49'08" E elong the
North boundary of eaid 5ection 4 aad tha centarline of Ustick Road for e distance of
97.62' Peet;
theace leaving said North boundary and centerline S OI' SO'S2" W for e distance of 77.96
feet w a po;nt on the ~ast right.of-way liae of Fsagle Ytoad;
thence along said Faat right-of-W~y line S Ol' S0'52" W for a distanca af 1038.43 feet to
the REAL POINT OF BEGINNII~TG;
thence watimung along said Eaet right-of-way line S Ol' S0'52" W for a dist8nce of
154.90 f@et;
thence S 00~ 36't3" W along said East right-of-way line for a diatence of 114.1~ feei;
thence Eoaving said East right-of-way line 5 8~ Sl'00" E For a distence of'700.02 feet;
thettce N 00' 36' 13" fi for a distance of 93,77 feet to the South boundary of Gov~ernment
Lot 4 of said Sect~on 4;
thence S 89 5 t'00" E along said South boundary for a Jistance of 61.33 feet;
t~rnrn lapi:inr* eo:.i CnL~I~ t..~..w 1..T.. w~ r~('t ~ S•r+r•• j" ~ , ~. r... '
..~ . .. . ... ,. p U:.:iL:ll... ~.•. ~.. 1.~.~4 f~t~
thence N 89' S1'00" W for e distance af 363.00 feet;
t~~: rti:.. .~~,+~ ,r ~K~' 1~' t~ ... Ji,l~~u, c"; C:. (i!~ li:rt.
C:1PmjectslUstickLl.A (2279)lpocumentslParcel B.dx• I -
Gatewey Marketplace Subdivision
Exhibit B Pege 3
CiTY OF MERIDiAN PLANNING DEPARTMENT STAFF REY(7K'1' F~UK 'I'HE HEARING DAT6 OF 7/18/2006
thence N 89- 5 l'00" W for a ~iistaF~ce of I 7 i.UO feei;
tl~ence S OU 09'00" W far a distance of 34.50 feet;
thence N 8g 51'UO" W for a distance of 218.67 feet to the REAL POINT OF
BEGINMNG;
carttaining 5.51 acxes of Ignd, mare or less.
Prepared by: Todd R. Waite P.L.S.
C:1ProjectslllstickLLA (2279)U~ocumentslParoelA.doc- 2 -
CITY OF MERIDIAN PLANNING DEPARTMEN7' S'1'AF'r' R~PORT FOR THE HEARING DATE OF 7/18/2006
C. Conditions of Approval
1. Planniag Department
SITE SPECIFIC REQUIREIVIENT$-.- (Gateway Marketplace)
1.1.1 The preliminary plat labeled as PP-1 prepared by The Land Group, Revised March 10, 2006, shall
is approved, with the conditions listed herein. All comments/conditions of the accompanying
Annexation and Zoning (AZ-03-018) Development Agreement shall also be considered
conditions of the Preliminary Plat.
1.1.2 UDC 11-3C-8 requires off-street loading spaces for commercial uses. The Certificate of Zoni.ng
Compliance (CZC) application for this project shall clearly demonstrate that adequate parking is
available ou siCe, lucalccl near the refuse/service area designed at the building.
1.1.3 Graphically depict on the face of the plat, the required 35-foot wide landscape buffer along Ustick
Road aucl Edglc Road.
1.1.4 The applicant shall consider the landscape plan approved as submitted with the following
Individual lot landscaping considezarions, the fwal plans shall significantly conform to the
submitted plan which shows:
• Pad spaces with landscaping, patio, and cooperative outdoor user space. Lots 1, 3, 4, 5,
17, and 18
• Perinneter landscapin~- 20' along the eastern peri.meter
• Roadway landscaping- 20' with an intemal sidewalk along the southern perimeter and a
minimum~ of %s of a 42' road secrion.
• Intemal sidewalks/landscaping plantezs- these planters shall have a mirumum of one tree
per 35' and an 8' wide sidewalk.
1.1.5 No d'uect lot access to Ustick Road or Eagle Road will be allowed. 'T.he existing driveways to
Eagle Road may be for construction purposes if approved by TTD. At such time, access to Eagle
Road shall be ~rolubilr,ci unlcss specifically granted through variance.
1.1.6 That prior to signahue of the city engineer cross access to pazcels east and south of the site be
granted.
1.1.7 The applicant shall provide eommercial cross access drives to the properties east of the site as
shown on the revi~r.ci plans. These access roadways shall be designed according to private street
standards as listed in UDC 11-3F, with a minimum of 24' travel way, no parking or backing on to
the service drive, a one side five foot detached sidewalk with a. S' landscape buffer. The
commercial cross access drive is to provide connection from the future Public Roadway (Ally
Street) east of the site, through the Una Mas Annexation site, and provide the most direct
vehiculaz traffic flow to a public road system.
1.1.8 The applicant shall work with ACHD to determine if a public frontage road shall be provided at
the southern boundary of the site. One half of a 42' public roadway design for a frontage/backage
road shall be reserved at this site until such a time as ACHD staff provides a written statement
refusing the reserved area.
1.1.9 Maintenance of all common areas shall be the responsibility of the Gateway Marketplace
Subdivision Busine~~' Qwners Association(s)
1.1.10 The applicant shall submit from the County Surveyors Office the appropriate documentation
~h~wing that usage of Gateway Marketplace as an approved subdi~vision name.
Gateway Marketplace Subdivision
Exhibit C Page 1
c[TY OP MERIDIAN PLANNING DEPARTMENT S1~Ar'r x~PORT FOR THE HEARINC DATE OF 7/18/2006
1.1.11 Any roof-mounted mechanical equipment will be screened from view from any public right-of-
way. The applicant shall submit drawings at the time of CZC submission that demonstrate this
condition is complied with.
1.1.12 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11.
1.1.13 All structures within Gateway Marketplace Subdivision shall submit a design review application
at the time of Certificate of Zoning Compliance application.
1.1.14 Comply with UDC 11-3A-12 regarding a screen for the refuselservice area.
1.1.15 No irrigation pump station or facility is shown on the Site Plan. However, if onc is proposed for
the site, it must be located outside of any required street buffer. Impervious surfaces are
prohibited in said buffers.
1.1.16 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed
from the site.
1.1.17 Provide internal cross access/cross parking agreement(s) for all lots in Gateway Mazketplace
Subdivision. All cross access drive aisles shall only approach the ACHD approved points of
access to the public street system. Maintenance of the aisle and pazki.ng areas shall be provided
for in a note on the face of the final plat, AN'D/OR in a document such as CCR's.
1.1.18 Other than the points of access approved by ACI3D, direct lot access to Ustick Road and Eagle
Road is prohibited. A note shall be placed on the final plat restricting access to Eagle Road and
Ustick Road.
1.1.19 It shall be the responsibility of the applicant to ensure tktat all development features comply with
the Americans with Disabilities Act aud tlie Fair ~iuusing Acl.
1.1.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Enviroiuneutal Protec:liuu Agency.
1.1.21 Compaction test results shall be submitted to the Meridian Building Departxnent for all building
pads receiving engineered Uackfill, wherC fuuting would sit atop fill material.
1.1.22 Allvs W~v shall serve as frontaQe road, with aqplicant committin~ to pav one half of
construction costs.
GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.1.1 Sidewall:s shall be installed withui the suUdivision tuid un lhC perimcler ~f the subdivision
pursuant to City Code.
1.1.2 All areas approved as open space shall Ue free of wet pond~ ur ulhCr ~uch nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to UDC 11-
3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as permitted under LTDC 11-3A-
18. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
suah pldn, lhe landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the stormwater detention facility cannot be incorporated into the approved
open space and still meet the standards of UDC 11-3A-18, then the applicant shall rel.ocate the
faeility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of final construction.
Gateway Marketplace Subdivision
Exhibit C Page 2
CYTY OF MERIbIAN PLANNINQ DEPARTMENT STAFF REPORT FOR THt; H~ARING DATE Of 7/18/2006
1.1.3 The applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. If permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building permit. All fencing
should be installed in accordance with City Code.
1.1.4 Any tree over 4" in caliper that is removed t'rom the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Renuired landscaping trees will not be considered as replacement trees for thosc trccs that have to
be mitigated.
1.1.5 All irrigation ditches, laterals or canals, exclusive of natural wuterways, intcrsccting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6,
unless otherwise approved by the Irrigation District(s). Plans will need to be approved by the
appropriate urigation/dxainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. If lateral users association
approval can not be obtained, alternatc plans will be reviewed and approved Uy the Cily Engincer
prior to final plat signature.
1.1.6 Staf~''s failure to cite spccific ordinance provisions or temis of the approved PrCluninary Plat does
not relieve the applicant of responsibility for compliance.
1.1.7 Prelimintuy plat approval shall be subject to the expiration provisious set furlh in UDC 11-6A.
2. Public Works Department
2.1 Sanitary sewer service to this development is being proposed via extension of mains in Ustick
Road. The applicant shall install all mains necessary to providC ~ervice; applicant shall eoordinate
mai.n size and routing with the Public Works Department, and execute standard fornrns of
easements for any mains that are required to provide service. Minunum 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 Standazd
s~~~~r~~d~~~~.
2.2 Water service to this site is being proposed via extension of mains in Ustick Road. The applicant
sliall bc rc~punsible to install water mains to and through this development, coordinate main size
and roucing with Public Works.
2.3 Duc lu the ~ommercial uses on this project, a connection to the water main in Eagle Road shall be
xequired to guazantee adequate fire flow. Coordinate main size and routing with the Public Works
Department.
2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The ea~ement~ sha:l.l. r~ot. be dedicated via
the plat. The description shall be consistent with the graphically depicted easements on the plat
but be recorded as a separate document using the City of Meridian's standard forms. Submit an
executed easement (supplied by Public Works), a legal description, which must include the area
of the easement (marked EXHIBTT A) and an 81/2" x 11" map with bearings and distances
(marked FXTiIEiTT B) for review. Both exhibits must be sealed, si~ed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document.
2.5 The applicant has indicated the pressure irrigation system in this development is to be maintained
as a private system, therefore plans and specifications will be reviewed by the Public Works
llepartment as part of the construction plan review. A"draft copy" of the operations and
maintenance manual will be required prior to plan approval with the "final draft" beix~g required
Gateway Marketplace Subdivision
Exhibit C Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPOKT FOR TH~ H'~ARING DATE OF 7118/2006
prior to final plat signature on the last phase of this project.
2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or
well water for the primary source. Tf 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 azeas prior to
signature on the final plat by the City Engineer.
2.7 All existing structures shall be removed prior to signature on the final plat by the City Engineer.
2.8 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape urigation.
2.9 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the nrea being subdivided shall bc tiled per UDC 11-3A-G.
Plans shall be approved by the appropriate urigation/drainage district, or lateral users association
. (ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, altemate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.10 A drainage plan designed by a State of Idaho licensed arclutect or engineer is required and shall
be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water
treatment and disposal shall be designed in accordanoe with DCparlmcnc of Environmental
Quality 1997 publication Catalog of Stozm Water Best Management Practices for ldaho Cities
and Counties and City of Meridian standards and policies. Off-site disposal into surface water is
prohibited unless the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The applicant is responsible for filing all
necessary applicatioiis wiQi lhc Idaho Department of Water Resources regarding Shallow
~njection Wells.
211 Street signs are to Ue ui p1acC, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved and the Final Plat for this subdivision shall be
recorded, prior to applying for building permits.
2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.13 All development improvements, including but not limited to tewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtauung
certificates of occupancy.
2.14 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
2.15 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.
2.16 Applicant shall be responsible for application and compliance with an,d NPDES Permitting that
may be required by the Environmental Yrotection Agency.
2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.18 Compaction test results shall be submitted to the Meridian Building Department for all building
Gateway Marketplace Subdivision
Exhibit C Page 4
C1TY OF MERIDIAN PLANNIN4 pEPARTMENT S'fAFF REPORT FOR 1'Hr HEAR[NG DATE OF 9/18/2006
pads receiving engineered backfill, where footing would sit atop fill material.
2.19 The engineer shall be required to certify that the street centerline elevations are set a r-~-;n;,,,um of
3-feet above the highest established peak groundwater elevation.
3. Meridian Fire Depsrtment
3.1 Acceptance of the water surply for fire protection will be by the Meridian Fire Department and watcr
quality by the Meridian Water Department for bacteria testing. ~
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4'/:" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not hAVe addresscs on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants sh~l be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrunts shall be providcd to meet the requirements of the IFC Secliuu 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 All entrance and intemal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.4 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall he macked in
accordance with Appendix D Seetion D103.6 Signs.
3.5 Operatiurral firC hycirants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
3.6 Commercial and office occupancies will require a fire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.7 The 23 office%ommercial lots lot will have an unknown transient population and will have an
unlrnown impact ~n Meridian Fire Department call volumes. The Meridian Fire Department has
experienced 2612 responses in the year 2004. According to a repo~t completed by Fire & Emergency
Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and
3800 by the year 2UlU.
3.8 Maintain a separation of 5' from the building to the dumpster enclosure.
3.9 Provide a Knox box entry system for the complex prior to occupancy.
3.10 The applicant shall work with Planning Department staff to provide an address identification plan
and a sipt which meets the requirements of the City of Meridian sign ordinancc at thc required
intersection(s).
3.11 The Fire Dept. has concems about the ability to address the project and have the addresses visible
from the street which the project is addressed off of. Please contact Vicki Heugly at 898-5500 to
uddress this conccm prior to the public hearing.
Gateway Marketplace Subdivision
Exhibit C Page 5
C[TY OF MERIDIAN PLANNINO DEPARTMENT STAFF REPORT FOR'1'H~: HrAR1NG DATE OF 7/18/2006
3.12 All aspacts of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code.
3.13 Provide exterior egress lighting as required by the Intemational Building &~ire Codes.
3.14 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installcd in accordance with Sectioi~ 903.3.1.1 ur
903.3.1.2 the distance requirement shall be 600 feet (183).
i. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
u. For buildings equipped throug,liout witli au appruvCCi aulomatic sprinkler system installed in
accordance with Section 903.3.1.1 or 9U3.3.1..2, the distance requirement shall be 600 feet (183
m).
3.15 There shall be a fire hydrant within 100' of all Fire Department connections.
3.16 Buildings over 30' in height are required to have access roads in accordance with Appendix D
Section D105.
3.17 Side yard fences shall not be allowed.
3.18 Buildings or facilities having a gross building area of more than 62,000 squaze feet (5760 m') shall
be provided with tw~ seFaarate and appmved fire apparatus access roads. Exception: Frojects having
a gross building area of up to 124,000 square feet (11520 m2) that have a single approved fire
apparatus access road when all buildings are equipped throughout with approved automatic sprinkler
, systems. (Remoteness Ke~uired)
4. Yoli¢e Department
4.1 The police department supports the requirement for a frontage road as the length and bulk of the
proposed buildings impedes serviceability to all sides of the proj ect,
5. Parks Department
S.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance 11-3B will be followed.
_S.2 Standard Plan for Protection of Existing Trees durin~ Construction: The standard established i.n
the City of Meridian Landscape Ordinance
53 Tree Grate and Tree Box standard: The proposed tree gate shall be a 6 foot by 6 foot, cast iron,
Freneh pattern tree grate. This grate shall be placed in a 6 foot by 6 foot inside diameter tree box
with a steel giate frame set in conerete. Prior to CZC approval, contact Meridian Parks and
Recreation Department for specifications and tree box construction drawings.
6. Sanitary 5ervice Company
Gateway Marketplace Subdivision
6xhibit C Page 6
CITY OF MERIDIAN PLANNING pEPARTMENT STAFF R~PORT FOR THE HEARYN.G UA'1'E OF 7/18/2006
6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
7. Ada County Highw~y District
Site Specific Conditions of Approval (Note: arevious conditions were deleted and reulaced.)
7.1. C__~truct a S-foot wide detached concrete sidewalk on Ustick Road. Provide a sidewalk
easement for sidewalk located outside of the ri~ht-of-wav.
72. Urilize a ri t-in/right-out drivewav on Ustic Road located annroximatelv 35U-feet east of SH-
55. Construct a raised median in the center of the madway to restrict the access.
7.3. Utilize a full access drivewav on Ustick Road located approximatelx 700-feet east of SH-55.
7.4. Construct the westerlv half of Allys Wav from Ustick to a point anproximatelv 1.355-feet south
of Ustic~, The westerlv half of the roadway shall include vertical curb. ~utter. 5-foot detached
concrete sidcwalk, and a minimum 24-feet of paveinent.
7.5. Enter into a Development A~reement with the District to Qrovide for the desim and constnzction
of Allys Wav to a fu1146-foot street section with curb, gutter and sidewalk on both sides from
Us~;'tekltoad south anproximately 1,355-feet. The District should be responsible for the cost of
curb, ieutter and sidewalk un the east side of Allvs Way and 18-fe~,~ of pavemenc to complete the
road section. The Development ,sreement should be executed prior to approval of the final plat.
7.6. Complv with a11 Standard Conditions of Apvroval.
Standard Conditions of Approval
7.1 Any existing irrigation facilities shall be relocated outside of the right-of-way.
7.2 Private sewer or water systems aze prohibited from being located within any ACHD roadway or
right-of-way.
7.3 All utility relocation costs associated with improving street &ontages ubutting the site shall bc
borne by the developer.
7.4 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.
7.5 Comply with the Distriet's Tree Planter Width Interim Policy.
7.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by thc District. Contact the District's Utility Coordinator at 387-6258 (with file muuUers) for
details.
7.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual; ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless speeifically waived herein. An engineer zegistered in the
State of Idaho shall prepare and certify all improvement plans.
Gateway Marketplace Subdivision
Exhibit C Page 7
CiTY OP MERIDIAN PLANNINQ pEPARTMENT STAFF REPORT FOR TH~ H~ARfNG DATE OF 7/18/2006
7.8 The applicant shall submit revised plans for staff approval, prior to issuance of building pernut
(or other required permits), which incorporates any required design changes.
7.9 Construction, u.~e a.nd property development shall be in con£ormance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.10 Yayment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
7.11 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 (1-800-342-1585) 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) arc wmpromised during
any phase of construction.
7.12 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
representativ~ of the Ada Cuunty Highway District. The burden shall be upon the applicant to
obtain written conf`umation of any change from the Ada County Highway District.
7.13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ozdinances, plans, or
other regulatory and legal rastrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or ~ther. legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Gateway Marketplace Subdivision
Exhibit C Page 8
CITY OF MERIDIAN PLANNINp UEPARTMENT STAFF ftEFUR'1' FUR'THE HEARING DATE OF 7/18/2006
Exhibit D. Required Findings from Unified Development Code
Preliminary Plat Findings (UDC 11-6B-6);
In determining the acceptance of a proposed subdivision, the Cominission and Council shall consider
the objectives of this TiCle and at least the following:
A. The conformance of the subdivision with the Comprehensive Development Plan;
In Chapter VII of the Comprehensive Plan, `Mixed Use Regional' is defined as areas including
commercial and residential development consistent with auto and service oriented uses. The Council
finds that the requested General Commercial (GG) zoning designation is in accord with the
Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use-
Regional". The purpose of the C-G district is "to provide for a revicw of thc unpact of proposed
commercial uses which are auto and service oriented and are located in close proximity to major
highway or arterial streets; to fu1fiU the need of travel-related services as well as retail sales for the
transient and permanent motoring public."
The Couneil finds tlxat thc proposed zoning is in general conforuiauce with tlic comprchensive plan
(please see Section 7 of the Staff Report for detailed analysis of specific comprehensive plan action
items that apply to this development).
B. The availability of public services to accommodate the proposed development;
The site is intended for commercial uses which, based on the Comprehensive Plan description, will
have such uses as retail, wholesale, service and office uses, as well as appropriate public uses such as
government offices. The applicant will be responsible for the extension of all utilities necessary to
serve this proposed development. Perinanent sanitary sewer service to this development is to be
provided by the extension of sewer in Ustick Road and extended south through the site t~ he l~oPe,~l
with e~ensions in Eagle Road. The applicant will be responsible for the extension of utilities to and
through this proposed development. Sizing and routing shall be coordinated with the Public Works
Department.
Other urban services, such as water, are near to this site and the applicant should be able to extend
such services to the site.
The applicant and/or future property owners will be required to pay park and highway impact fees.
ACHD has submitted a staff report with site specific and standard conditions which will is attached as
Exhibit C. On December 28, 2005, a joint agency/department coznments meeting was held with
representatives of key service providers to this property. Based on the joint agency/department
meeting and other comments received from agencies/departments, staff finds that except for sanitary
sewer, the ~uhlic services tisted above can be made available to accommodate the proposed
development. The Commission and Council reference any written and/or verbal testimony submitted
by any public service provider, regarding their ability to adequately service this proj ect.
If approved, the developer will be financing the extension of sewer, water, local stxeet infrastructure,
utilities and irrigation services to serve the project. The primary public costs to serve the future
residents will be fire, police and school facilities and services. The Council finds there will not be
excessive additional requirements at public cost and that the proposed zoning and subsequent
development will not be detrimental to the community's economic wel£are.
C. The continuity of the proposed development with the capital improvement program;
Oateway Marketplace Subdivision
Exhibit F Page 1
CITY OF MERLDIAN PLANNiNG bCPARTMENT 3TAFF REPORT POR THE HEARING LA'l'~ UP' 7/1S/2006
Because the developer is installing sewer, water, and utilities for the development at their cost, the
subdivision will uut rr,yuire the expenditure of capital improvement funds.
D. The public financial capability of supporting services for the proposed development;
Please see Exhibit B for comments and conditions from other agencies and departments.
E. The other health, safety or enviropmeutal problems that may be brought to the Commissiou's
attention.
The Council is not aware ~f any health, safety or general welfare problems associated with the
development of this subdivision that should be brought to the Council or Comuussion's attention.
ACHD considers road safery issues in their analysis. The Commission and Council reference any
public testimony that may be presented to determine whether or not the proposed subdivision may
cause health, safety or environmental problems of which staff is unaware.
F. The development preserves signiticant natural, scenic or historic features.
The Council is not aware of any natural, scenic or historic features which require prescrvation. Thc
applicant will be required to maintain, fence, and improve the waterways which are existing on this
site.
Gateway Marketplace Subdivision
Exhibit F Pagc 2