CC - Staff Report1
Charlene Way
From:Jeff Huber <jhuber@white-leasure.com>
Sent:Thursday, February 28, 2019 5:15 PM
To:Sonya Allen
Cc:C.Jay Coles; Charlene Way; Chris Johnson; Bill Parsons; Ken Lenz
Subject:Re: Eagle Commons at Overland - MDA H-2019-0016 Staff Report for 3/5 Council Mtg
Thank you Sonya. Sincerely, Jeff
Sent from my iPhone
On Feb 28, 2019, at 4:14 PM, Sonya Allen < sallen@meridiancity.org > wrote:
Attached is the staff report for the proposed Development Agreement Modification for Eagle Commons
at Overland. This item is scheduled to be on the Council agenda on March 5 th . The public hearing will be
held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions.
Jeff - Please submit any written response you may have to the staff report to the City Clerk’s office
(cityclerk@meridiancity.org ) and me as soon as possible.
Thanks,
Sonya Allen | Associate Planner
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533 | Fax: 208-489-0578
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<Eagle Commons at Overland - MDA H-2019-0016 Staff Report.pdf>
Page 1
HEARING
DATE:
3/5/2019
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
SUBJECT: H-2019-0016
Eagle Commons at Overland
LOCATION: Generally located off the northeast corner
of S. Eagle Rd. and E. Overland Rd.
I. PROJECT DESCRIPTION
Request for a modification to the existing Development Agreement (Inst. #2016-106278) to update
the development plan for the site and associated provisions.
II. SUMMARY OF REPORT
A. Project Summary
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details Page
Acreage 18.03
Future Land Use Designation Mixed-Use Regional (MU-R)
Existing Land Use Office/retail/warehouse (Norco); vacant/undeveloped land
Proposed Land Use(s) Office/retail, hotel, self-service storage
Current Zoning C-G
Proposed Zoning NA
Neighborhood meeting date; # of
attendees:
1/16/2019; 2 attendees
History (previous approvals) Annexed in 1995 (Ord. #719, Langly/Power Mall); PBA-
14-008; H-2015-0024 (DA #2016-106278); H-2017-0061
(SHP); H-2017-0062 (SHP); H-2017-0063 (SHP); A-2018-
0316 (PBA)
Page 2
B. Project Area Maps
III. APPLICANT INFORMATION
A. Applicant:
James A. Kissler, LLC – 1125 W. Amity Rd., Boise, ID 83705
B. Owner:
Same as Applicant
C. Representative:
Jeff Huber, White-Leasure Development Company – 8385 W. Emerald St., Boise, ID 83704
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
Page 3
IV. NOTICING
City Council
Posting Date
Legal notice published in
newspaper 2/15/2019
Radius notice mailed to
properties within 300 feet 2/12/2019
Public hearing notice sign posted 2/19/2019
Nextdoor posting 2/12/2019
V. STAFF ANALYSIS
The current Development Agreement (DA) anticipates development of an 86,000 square foot (s.f.) 2-
story office/retail building, an 85,000 – 95,000 s.f. single-story commercial/retail store and a single
pad site (see Section VII.A). The proposed plan depicts (5) commercial building pads, the existing
Norco building and associated parking.
The Applicant has submitted (2) options for a modification to the existing DA as follows: 1) eliminate
the DA in its entirety and let zoning dictate the future uses and development of the property; or 2)
update the DA to reflect the current development plan and strike the provision (#5.1l) pertaining to
the restriction on business hours of operation for uses abutting a residential district and replacement
of the word “substantial” in favor of “general” in relation to future development being in compliance
with the approved conceptual development plan. See Applicant’s narrative in application for more
information on request and Section VII.C of this report for proposed/recommended DA provisions.
Staff recommends this site remain under a DA but is amenable to the requested changes. Staff
recommends additional modifications to the DA as noted in Section VII.C due to completion of
several of the existing provisions.
A. Allowed Use(s):
UDC Table 11-2B-3 lists the allowed uses in the C-G district.
B. Dimensional Standards (UDC 11-2):
Future development is required to comply with the dimensional standards listed in UDC Table
11-2B-3 for the C-G district as follows:
Page 4
VI. DECISION
A. Staff:
Staff recommends approval of the proposed MDA application per the exhibits in Section VII.B
and C.
Page 5
VII. EXHIBITS
A. A. Existing Conceptual Development Plan (dated: December 11, 2015)
Page 6
B. Proposed Conceptual Development Plan (date: 2/25/2019)
C. Applicant Proposed & Staff Recommended Amendments to Existing Development Agreement
provisions (Inst. #2016-106278)
Staff’s comments are included in italics.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following special
conditions:
a. The subject property shall develop in substantial general compliance with the conceptual
development plan included in Exhibit A.4 of the Staff Report attached as a portion of the
Findings of Fact and Conclusions of Law (Exhibit “B”) and the provisions in this
agreement. Change per Applicant’s request.
b. A 35-foot wide street buffer is required to be constructed along the frontage of the site
along E. Overland Road, an entryway corridor; a 10-foot wide street buffer is required
along the future local commercial street (Silverstone Way) and a 10-foot wide street buffer
is required to be constructed along S. Rackham Way, a local street, per UDC Table 11-2B-
Page 7
3 and shall be landscaped in accord with the standards listed in UDC 11-3B-7C.; If
Rackham Way is vacated in the future, a street buffer is not required. The street buffer
along Overland Rd. and Silverstone Way has been constructed; the buffer along Rackham
Way is a standard UDC requirement and doesn’t need to be included in the DA.
c. A 25-foot wide landscape buffer shall be provided along the east boundary of the site
abutting the residential uses in Jewell Subdivision, per UDC Table 11 -2B-3 and shall be
landscaped in accord with the standards listed in UDC 11-3B-9C, unless such width is
otherwise modified by City Council at a public hearing with notice to surrounding property
owners per UDC 11-3B-9C.2. This buffer has been constructed.
d. A 10-foot wide multi-use pathway shall be constructed along the north side of the Five
Mile Creek from the west to the east boundary of the site as set forth in the Pathways Master
Plan. A pathway connection to the south to E. Overland Road shall also be provided along
Silverstone Way to E. Overland Rd. This segment of the pathway, if constructed of
concrete within the right-of-way, may be attached to the curb and will be maintained by
ACHD. Landscaping is required to be installed on each side of the pathway along the creek
in accord with the standards listed in UDC 11-3B-12C. A public pedestrian easement is
required to be submitted to the City, approved by City Council and recorded for the multi-
use pathway along the creek with the first phase of development. The pathway connection
to the south to Overland Rd. has been constructed.
e. All pathways through common areas that are not visible from a public street shall be
illuminated with a 4-foot tall bollard style or other appropriate lighting source, unless
otherwise waived by the Director, per UDC 11-3A-8H.
f. Minimum five-foot wide pedestrian walkways shall be provided internally within the site
from the multi-use pathway connecting to the sidewalks along E. Overland Road and S.
Rackham Way to the main building entrances with each phase of development; and for
drive aisle lengths greater than 150 parking spaces or 200’ away from the primary building
entrances – internal pedestrian walkways should be distinguished from the vehicular
driving surfaces through the use of pavers, colored or scored concrete, or bricks as set forth
in UDC 11-3A-19AB.4a.
g. The Five Mile Creek shall remain open as a natural amenity and shall not be piped or
otherwise covered and shall be protected during construction. Fencing along the waterway
shall not prevent access to the waterway, unless Council deems fencing should be required
in the interest of public safety in accord with UDC 11-3A-6B.
h. Prior to issuance of any permits for the development of the second phase (depicted on the
concept plan as Lot 1, Major A), the applicant shall subdivide the property and comply
with ACHD requirements for the extension of Silverstone Way. The property has been
subdivided and Silverstone Way has been extended to the north boundary of the site.
i. A cross-access/ingress-egress easement shall be provided to the property to the east
(Zamzow’s, parcel #R4626240051, where the driveway stub is currently located) or, right-
of-way for Silverstone Way may be dedicated where the driveway stub is located. Either
an access easement shall be recorded and a copy submitted to the City; or, right-of-way
shall be dedicated prior to issuance of Certificate of Occupancy for Norco. Right-of-way
has been dedicated to ACHD adjacent to the Zamzow’s parcel which satisfies this
requirement and the driveway has been constructed.
j. All future structures on the site and the layout of the site shall comply with the design
standards listed in UDC 11-3A-19 and the guidelines listed in the Meridian Design Manual
(or any updated versions thereof).
Page 8
k. A gate that meets the Fire Department’s requirements shall be installed across the
emergency access driveways via S. Rackham Way to prevent access by the public until the
portion of the site depicted on the concept plan as Lot 3 develops. Once said portion is
developed one (preferably the southern access) of the emergency accesses shall be
converted to a public street access. This provision no longer applies.
l. Business hours of operation in the C-G zoning district are restricted to 6:00 am to 11:00
pm when adjacent to residential uses unless modified through a conditional use permit, per
UDC 11-2B-3A.4. The hours of operation for the Norco site are restricted per this
standard as residential uses abut that site; the remainder of the site does not abut
residential uses.
m. Prior to any development occurring in the Overlay District, a floodplain permit application,
including hydraulic and hydrologic analysis is required to be completed and submitted to
the city and approved by the Floodplain Administrator, per MCC 10-6.
n. All lighting proposed on the site shall comply with the standards listed in UDC 11-3A-
11C. Light fixtures that have a maximum output of 1,800 lumens or more shall have an
opaque top to prevent uplighting; the bulb shall not be visible and shall have a full cutoff
shield; and shall be placed such that the effective zone of light (as documented by the
photometric test report) shall not trespass on abutting residential properties.
o. With the first phase of development (Norco, depicted on the concept plan as Lot 2), the
developer shall construct S. Silverstone Way north from E. Overland Road as a local
commercial street with a minimum 40 feet of pavement with 3 foot gravel shoulders within
a minimum 60 foot right-of-way for approximately 100 feet, then tapering to a minimum
30 feet of pavement with 3 foot gravel shoulders within a minimum 50 foot right-of-way
to just north of the creek. These improvements shall be complete prior to issuance of the
first Certificate of Occupancy. These improvements have been completed.
p. The developer shall dedicate additional right-of-way along the west property boundary to
widen S. Rackham Way to local street standards with curb, gutter and sidewalk with
subdivision of the property, unless S. Rackham Way is vacated.
q. The developer shall construct a 6-foot tall fence/wall along the east boundary of the site
adjacent to residential uses with the first phase of development; a fence shall not be
constructed in the floodway in accord with FEMA regulations. The fence has been
constructed.
r. The applicant shall finalize the property boundary adjustment (PBA-14-008) for this
property prior to issuance of the first building permit for this site. One building permit for
Norco is allowed to be issued prior to subdivision of the property. The property boundary
adjustment was finalized and the property has since been subdivided.
s. A street light plan will need to be included as part of the development plan submittal. Street
light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting. A copy of the standards can be found at
http://www.meridiancity.org/public_works.aspx?id=272
t. Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to
provide service outside of a public right-of-way. Minimum 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 Standard
Specifications.
Page 9
u. Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and
water mains to and through this development. The applicant may be eligible for
reimbursement of costs associated with upsizing the sewer and water mains per MCC 8-6-
5.
v. Water modeling will be required prior to development plan submittal to determine the
timing of completing the water main loop through the property from the existing 10-inch
main stub at E. Overland Road and S. Silverstone Way to the existing 16-inch main
adjacent to S. Rackham Way.
x. The applicant shall provide easement(s) for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easement widths shall be 20 -
feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated
via the plat, but rather dedicated outside the plat process usin g the City of Meridian’s
standard forms. The easement shall be graphically depicted on the plat for reference
purposes. Submit an executed easement (on the form available from Public Works), a legal
description prepared by an Idaho Licensed Professional Land Surveyor, which must
include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with
bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed,
signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the
plat referencing this document. All easements must be submitted, reviewed, and approved
prior to development plan approval.
y. The developer shall enter into a cross-access easement and maintenance agreement with
the abutting property owner to the north for the east/west shared driveway adjacent the
northern boundary of the site. A recorded copy of the easement agreement shall be
submitted to the Planning Division prior to issuance of the first Certificate of Occupancy
for the development. Staff recommends this provision is added based on the addition of the
shared access driveway with the Rackham property on the north boundary.
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. Nampa & Meridian Irrigation District (NMID)
http://weblink.meridiancity.org/weblink8/0/doc/161760/Page1.aspx
B. Police Department
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=161438&dbid=0