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Amended Staff Response~~i~E IDIAN~-- IDAHO August 7, 2012 MEMORANDUM T0: Mayor & City Council FROM: Sonya utters, Associate City Planner Bruce Freckleton, Development Services Manager Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba CC: Jake Hertz, Deb Nelson, John McNamara, David Kleiner, City Clerk, Bill Nary RE: David Kleiner Property (CarMax) - MDA-12-006 The applicant has submitted a response to the staff report prepared for the August 7th City Council meeting. This memo is in response to the applicant's response letter. Staff has included the applicant's proposed changes to the development agreement in underline/strikeout format and staff s response afterward in bold italics. • In order to screen headlights from view, aA berm shall be constructed within the .. street buffer along the eastern boundary of the site adj acent to Venture where no fencing/wall is proposed and where the site is adjacent to a residential use. Landscaping shall be installed in this area consistent with the standards listed in UDC 11-3B-9C, Landscape Buffers to Adjoining Uses. Staff recommends approval of the proposed change. • The use of flags, balloons, placards in open car hoods, painted window lettering, or the like for marketing purposes, and outdoor loudspeakers used for audible pa ig ng systems on the site shall be prohibited. External speakers used for voice- down securit~ystem are allowed, provided that the speakers are pointed awl from nei hboring residences. Additionally, all lighting on the site shall comply with the standards listed in UDC 11-3A-11 and be reduced after hours. Staff recommends approval of the proposed change. Community Development Department • 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 • www.meridiancity.org Page 2 The subject property shall be subdivided in accord with UDC 11-6B-5 Short Plat Process, prior to issuance of any building permits for the site. Staff recommends denial of the proposed change as the property does not meet the applicability requirements for the short plat process because the property is not an original parcel or record as defined in UDC Il -IA-1. Direct access to E. Fairview Avenue is prohibited, unless otherwise approved by +~,° r;+~T „~,~~r°r;,a;~~, ~~~a ACHD and such determinations as so approved will be accepted by the City without the imposition of restrictions re ardin~ access to collector and arterial roadways under UDC 11-3A-3 or otherwise. Staff recommends denial of the proposed change as the proposed site plan does not depict an access to Fairview. The UDC (Il-3A-3) does not allow access from an arterial street (Fairview) when access is available from a local street (Elden Gray), unless waived by City Council. Future access for the remaining portion of the Kleiner property between Records Road and the project site may be considered based on a future development application where a detailed development plan that proposes access to Fairview is submitted. ACHD has submitted comments on this application stating, "Direct lot or parcel access on to a Principal Arterial is typically prohibited. If a property has frontage on more than one street, access shall betaken from the street having the lesser functional classi~catl'on. Driveways on arterials may be prohibited when the property has frontage on more than one public street." The o=applicant is financially responsible for %2 the cost of extending sanitary sewer and water from its current location in Elden Gray Lane to N. Venture Street. The City of Meridian is responsible for the remainin 1/2 of the cost at such time as services are needed east of N. Venture Street. The owner/applicant shall be ~d fully responsible for the extension of sanitary sewer and water from Elden Gray Lane to a point approximately 23 5 feet north of the southeast corner of the subi ct parcel, which is within the N. Venture Street ri t-of waX. Staff recommends approval of the proposed change with the addition of the language shown in bold/underline above.