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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 <image001.gif> Built for Business, Designed for Living <image002.gif> <image003.gif> <image004.gif> <image005.gif> <image006.png> All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. <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