CC - Staff ReportSTAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING April 2, 2019
DATE: Continued from: 1/22/2019 & 2/19/19
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2018-0121 (MDA); H-2019-0032
(VAR)
Villasport — MDA, VAR
LOCATION: Southwest corner of E. Ustick Rd. and N.
Eagle Rd. in the NE 1/4 of Section 5,
T. 3N., R.IE.
Parcels: S 1105110067; S 1105110100
I. PROJECT DESCRIPTION
E IDIAI�T�
The Applicant requests a modification to the existing Development Agreement (DA) (Inst.
#108008770, Sadie Creek Commons) to remove the subject property from the agreement and enter
into a new agreement for the proposed development.
A Variance is also requested to the minimum setback standards listed in UDC 11-4-3-2A.1 for
outdoor recreation areas and structures that are not fully enclosed to maintain a minimum setback of
100 feet from any abutting residential district; and 11-4-3-2A.2 that restricts an outdoor event or
activity center from being located within 50 feet of any property line.
Page 1
IL SUMMARY OF REPORT
A. Project Summary
Acreage
Future Land Use Designation
Existing Land Use
Proposed Land Use(s)
Current Zoning
Proposed Zoning
Physical Features (waterways,
hazards, flood plain, hillside)
Neighborhood meeting date; # of
attendees:
History (previous approvals)
B. Project Area Maps
Future Land Use Map
Details
11.39
MU -R (mixed-use regional)
Vacant/undeveloped
Athletic club (i.e. indoor/outdoor entertainment/recreation
facility) and spa (i.e. personal service); and retail
C -G
NA
The Milk Lateral runs along north and east boundaries of site
July 18, 2018; 6 attendees
ROS #6418 created the configuration of these parcels
approved by the City in 2004. AZ -05-052 (DA #108008770,
Sadie Creek Commons); PP -05-053 and CUP -05-049
(expired); VAR -05-022 (right-in/right-out access via Eagle
Rd.); MDA -13-005 (amended DA that was never executed &
has since expired); A-2018-0361 (PBA —reconfigured 2
existing parcels, ROS #11747)
Aerial Map
Zoning Map
Page 2
Planned Development Map
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III. APPLICANT INFORMATION
A. Applicant:
Sadie Creek Commons, LLC — 10789 W. Twain Ave. #200, Las Vegas, NV 89135
B. Owner:
Same as Applicant
C. Representative:
Tamara Thompson, The Land Group — 462 E. Shore Drive, Ste. 100, Eagle, ID 83616
IV. NOTICING
V. STAFF ANALYSIS
Development Agreement Modification: The development agreement modification proposes to
remove the subject property from the terms of the existing development agreement [i.e. Inst.
#108008770, AZ -05-052 Sadie Creek Commons] and enter into a new development agreement for the
proposed development/site.
The previously approved conceptual development plan was for a mixed use development consisting
of 150,000 square feet of commercial retail, restaurant and office uses on 15.33 acres of land; three
Page 3
City Council
Posting Date (MDA)
City Council
Posting Date�
Legal notice published in
2/1/2019
3/15/2019
newspaper
Radius notification mailed to
properties within 300 feet
1/29/2019
3/12/2019
Nextdoor posting
1/29/2019
3/12/2019
Public hearing notice sign posted
on site
2/7/2019
3/21/2019
V. STAFF ANALYSIS
Development Agreement Modification: The development agreement modification proposes to
remove the subject property from the terms of the existing development agreement [i.e. Inst.
#108008770, AZ -05-052 Sadie Creek Commons] and enter into a new development agreement for the
proposed development/site.
The previously approved conceptual development plan was for a mixed use development consisting
of 150,000 square feet of commercial retail, restaurant and office uses on 15.33 acres of land; three
Page 3
(3) accesses were approved via E. Ustick Rd. and one right-in/right-out was approved via N. Eagle
Rd. (see Section VILA). The provisions in the DA pertain to that development plan and is applicable
to the subject property as well as the out -parcel at the northeast corner of this site.
A new conceptual development plan and building elevations are proposed with the subject application
that demonstrate how the property is now proposed to develop. The new plan proposes a 99,000+/ -
square foot 2 -story building for an athletic club and spa and a 15,300+/- square foot retail building;
associated parking for the proposed uses is also depicted (see Section VII.B).
Note: A concurrent conditional use permit (CUP) application was submitted with the subject MDA
application that was approved by the Commission contingent upon Council approval of the MDA
application. Since that approval, the Applicant submitted a request for City Council review (H-
2019-0011) of the Commission's decision on several conditions associated with the CUP, this
request will be scheduled on the same agenda before the MDA application. If Council approves
any changes to the CUP conditions through the Council Review request, the DA provisions in
Section VIII of this report should be updated accordingly.
Variance: A Variance is requested to two (2) sections of the UDC as follows:
• UDC 11-4-3-2A.1 states, "All outdoor recreation areas and structures that are not fully
enclosed shall maintain a minimum setback of 100 feet from any abutting residential districts.
The playing areas of golf courses, including golf tees, fairways, and greens, are an exception
to this standard. "
The adult lap pool, concrete pool deck and the outdoor turf area depicted on the site plan are
within 100' of the residential district to the south which adjoins the southern property line of
this site. A landscaped common area (7+ feet wide) with a 6 -foot tall solid fence and a street
separates the site from the adjacent residential properties to the south. The Applicant is also
proposing to landscape a 6 -foot wide area on the other side of the fence on this site which
will assist in buffering the noise and light from the site.
The residential zoning in this area is unique in that it stretches to the opposite side of the road
from the residential area to the south and includes a common area along the street which
abuts this site. Typically, zoning goes to the centerline of adjacent streets. This irregularity
creates a wider setback than would normally be required for outdoor recreation uses on this
site. Another consideration is if the commercial directly abutted the residential property
line(s) without a street separating the uses, the setback would be calculated from the common
property line rather than the centerline of the street resulting in a lesser setback. Staff
recommends Council examine the intent of this requirement when considering the variance
request.
The Applicant requests the required setback is reduced as depicted on the site plan in Section
VII.C, which can be interpreted several different ways based on the discussion above, as
follows:
o If measured from the centerline of the street, the setback would be 33 feet to the turf
area and 43 feet to the pool deck at its narrowest point; or,
o If measured from the residential district, the setback would be 6 feet to the pool deck
area and 11 feet to the turf area; or,
o If measured from the property line of the nearest residential structure, the setback
would be 68 feet to the pool deck at its narrowest point and 100 feet to the turf area.
Page 4
Staff recommends the Council consider the latter interpretation when making a decision
on the Variance request as it best meets the intent of the setback requirement. If Council
finds a Variance is appropriate, additional buffering measures such as an 8 -foot tall
fence or wall and dense landscaping consisting of a mix of conifers and deciduous
trees and shrubs should be considered as mitigation. The additional landscaping
would also assist in screening the mass of the proposed 37+/- foot tall structure to
the residential uses.
• UDC 11-4-3-2A.2 states, `No outdoor event or activity center shall be located within 50 feet
(50) of any property line and shall operate only between the hours of six o'clock (6:00) AM
and eleven o'clock (11: 00) PM. "
The adult lap pool, concrete pool deck and the outdoor turf area depicted on the site plan are
within 50' of the southern property line at approximately 11 feet for the turf area and 6 feet
for the deck area around the pool; the Applicant requests a reduction in the setback
accordingly as shown on the site plan in Section VILC.
The same logic discussed above could also be considered by Council for this provision. If the
southern boundary of this site directly abutted another buildable lot without a street
separating the properties, the area between the property line and the outdoor activity center
would actually be less than what is proposed. As proposed, the separation between the
residential property line and the outdoor activity center is 68 feet to the pool deck at its
narrowest point and 100 feet to the turf area which is much greater than the requirement. Staff
recommends the Council consider the intent of the requirement when making a decision on
the Variance request.
Due to the location of the Milk Lateral, an existing irrigation facility that bisects this site north of
the proposed building, the buildable area of the site is constrained. Although the lateral is being
piped and shifted further to the north, the topography and slope of the pipe to allow the now of
irrigation water through it is such that the lateral cannot be moved any further to the north to
accommodate the required setbacks by shifting the building further to the north than proposed
(see exhibit in Section VII.C). Additionally, the Applicant states a cross -access easement to
Centrepoint Way exists on the east side of the property which further constrains the buildable
area. Therefore, the Applicant feels a hardship exists due to the characteristics of the site that
make compliance with the setback standards unfeasible. See Applicant's narrative for more
information.
Based on the required Findings for Variance requests included in Section IV, the Council should
determine if a Variance is appropriate to the above -noted setbacks as requested by the Applicant.
A. Future Land Use Map Designation (https://www.meridiancity.org/compplan)
Mixed -Use Regional (MU -R)
The purpose of the MU -R designation is to provide a mix of employment, retail, and residential
dwellings and public uses near major arterial intersections. The intent is to integrate a variety of
uses together, including residential, and to avoid predominantly single use developments such as
a regional retail center with only restaurants and other commercial uses. Developments should
have a regional draw with the appropriate supporting uses. Developments are encouraged to be
designed according to the conceptual MU -R plan depicted in Figure 3-5 in the Comprehensive
Plan as shown below.
B. Comprehensive Plan Policies (https://www.meridiancity.or /compplan):
The proposed development promotes the following action items contained in the Comprehensive
Plan: (staffs analysis in italics)
Page 5
• "Plan for an encourage services like healthcare, daycare, grocery stores and recreational areas
to be built within walking distance of residential dwellings." (2.01.01C) The proposed
athletic club/spa will be located in close proximity to residential uses.
• "Develop indoor/outdoor multiple -use facilities (i.e. recreation center, fairgrounds, etc.) for a
variety of recreational, educational, cultural and sports purposes and uses." (6.01.02D) The
proposed indoor/outdoor athletic club will provide for a variety of recreational, educational
and sports opportunities to area residents.
• "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.01F) The outdoor hours of operation of the proposed facility will be limited to
6: 00 am 11: 00 pm, which should be compatible with adjacent residential uses. Additionally,
the outdoor recreation area is required to maintain a minimum setback of 100' from any
abutting residential property line with a home.
• "Require screening and landscape buffers on all development requests that are more intense
than adjacent residential properties." (3.06.01G) A landscape buffer/screening will be
provided adjacent to residential properties in accord with UDC standards.
C. Proposed Use Analysis:
The proposed athletic club is classified as an "arts, entertainment or recreation facility, outdoor"
and the spa is classified as a "personal service" in UDC 11-1A-1; both are listed as principal
permitted uses in the C -G district per UDC Table 11-2B-2.
A CUP (H-2018-0121) was recently approved, contingent upon Council approval of the subject
MDA application, solely for the proposed hours of operation of the facility because the property
abuts a residential use and district in accord with UDC 11 -2B -3A.4. The Commission allowed the
hours of operation for the athletic club and spa to be from 4:00 am to 12:00 am (midnight) for
indoor activities and from 6:00 am to 11:00 pm for outdoor activities, with outdoor music limited
to the hours between 9:00 am and 10:00 pm.
Note: The Applicant has submitted a request for Council review of the Commission's decision on
the CUP application (H-2018-0121) in regard to several UDC standards (see H-2019-0011 for
more information).
VI. DECISION
A. Staff:
Staff recommends approval of the proposed modification to the Development Agreement in
accord with the provisions in Section VIII; and denial of the proposed Variance based on the
Findings in Section IV. Note: Although Staff could make some of the Findings required for the
Variance, Staff could not make all of the Findings which is required in order to grant a Variance.
Note: The easternmost driveway access via E. Ustick Rd. depicted on the concept plan in
Section VII.B requires Council approval of a waiver to UDC 11-3A-3, which limits access via
arterial streets when access via a local street is available. In this case, access is available via (2)
local streets. If a waiver, is not approved, the site plan should be revised accordingly. Council
action is needed on this request.
Page 6
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A. Existing Development Agreement Provisions & Conceptual Development Plan (AZ -05-052,
Instrument No. 108008770)
Link to full version of Development Agreement: Sadie Creek Promenade AZ -05-052
Applicable Development Agreement Provisions:
E,=SKI119017u1MWY04113,11us, IKVT":104Old Ioleo F
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's
Zoning Ordinance codified at Meridian Unified Development Code § 11-213 which are
herein specified as follows:
Construction and development of up to 150,282 square feet of retail/restaurant/ and
office uses in a proposed C -G zone on 7.7 acres pertinent to this AZ 05-052 application.
The 36.33 acre site, which includes a portion of thisproject, was approved for annexation
with a Development Agreement in April, 2004 under the name of Kissler Annexation
ale no. AZ 03-018). The DA, instrument no. 104107406, requires that any future use
be approved either though a site specific CUP application or a Planned Development. A
concept plan for the overall site was submitted with the AZ 05-052 application for
informational purposes.
This entire project consists of 15.33 acres a preliminary plat and conditional use permit
was submitted and approved (PP -05-053, and CUP -05-049) which satisfies the CUP
condition of the previous DA agreement. Certificates of Zoning Compliance are
required for all buildings in this project.
4.2 No change in the uses specified in this Agreement shall be allowed without modification
of this Agreement.
DEVELOPMENT IN CONDITIONAL USE: Owner/Developer has submitted to City an
application for conditional use permit site plan dated September 15, 2005, and shall be required
to obtain the City's approval thereof, in accordance to the City's Zoning and Development
Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of
construction of any buildings or improvements on the Property that require a conditional use
permit. No new buildings are approved for construction under this conceptual CUP/PD
application. All future buildings shall require approval of design review at staff level prior to
submittal of any Certificate of Zoning Compliance application and/or building permit
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
6. 1. Owner/Developer shall develop the Property in accordance with the following special
conditions:
1. That all future uses shall not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare
or odors.
2. That all future development of the subject property shall be constructed in accordance
with City of Meridian ordinances in effect at the time of the development.
Page 7
2. That the applicant be responsible for all costs associated with the sewer and water
service extension.
3. That any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be used for non-domestic
purposes such as landscape irrigation.
4. That prior to the issuance of any certificate of zoning compliance all landscaping shall
be constructed along the western property boundary and along Ustick Road to the point
of connection with Sadie Creek Avenue. These office lots should include either a
permanent easement or be redesigned to include landscaping in common lots including
masonry block wall on western boundary.
5. That the maximum square footage of one single building shall not exceed 75,141 square
feet, which is '/2 of the maximum requested of 150,282 square feet
6. That all buildings along the western property boundary shall be single story buildings
designed to discourage views and access facing the west, unless required for
emergency access. Furthermore, these office lots shall have hours of operation
consistent with office operations which have been determined to be 6 am — 10 pm.
7. That the applicant shall redesign the site to meet the 300' standard separation for drive
thru uses with this application or variance is obtained.
8. That all access for Sadie Creek Promenade Subdivision shall be taken from Ustick
Road at points determined by ACHD.
9. That Lots 1 and 2 of Block 2 of the site plan dated September 15, 2005 are for office
uses only. Non retail uses shall be located on these lots. All other lots shall be limited
to Office/Retail/Restaurant/Drive thru uses and General Commercial uses listed as
permitted in UDC Table 11-2B-2. Any uses (excepting Drive Thru) not listed as
permitted shall be subject to conditional approval.
10. That the western most public road referenced to as Sadie Creek Avenue may be
renamed as approved by the Ada County Street Naming Committee. The road name
has been approved as Centrepoint Way.
Page 8
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
Development Agreement Modification
A new Development Agreement (DA) is required as a provision of the request for a
modification to the existing DA to exclude this property from the existing agreement
(Inst. 108008770). A new DA shall be entered into between the City of Meridian, the
Property Owner(s), and the Developer. A CZC and DES application shall not be
submitted to the City until the DA is approved by City Council and recorded.
Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior
to commencement of the new DA. The DA shall be signed by the property owner and
returned to the Planning Division within six (6) months of the City Council granting
approval of the development agreement modification. The DA shall, at minimum,
incorporate the following provisions:
a. The subject property shall be excluded from the terms of the Development
Agreement recorded as Instrument No. 108008770 for Sadie Creek Commons.
b. Future development of this site shall be generally consistent with the conceptual
development plan and building elevations included in Section VII, the conditions of
approval of the conditional use permit (H-2018-0121), and the provisions contained
herein.
c. The future structures and site design submitted with subsequent Certificate of Zoning
Compliance and Design Review applications shall comply with the standards listed in
UDC 11-3A-19 and the Architectural Standards Manual.
d. The athletic club is required to comply with the specific use standards listed in UDC
11-4-3-2, Arts, Entertainment or Recreation Facility, Indoors and Outdoors.
e. No outdoor event or activity center, including but not limited to the swimming pools,
shall be located within fifty feet (50') of any property line and shall operate only
between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. as set
forth in UDC 11-4-3-2A.2.
f. All outdoor recreation areas and structures that are not fully enclosed shall maintain a
minimum setback of one hundred feet (100') from any abutting residential districts as
set forth in UDC 11 -4-3 -2A. 1. With the CUP application, the Commission
interpreted the setback measurement to be from any residential property line with a
home, rather than from a residential district.
g. An outdoor stage or musical venue is prohibited on this site as the site is within 1,000
feet of a residential district and such uses are not allowed, unless approved through a
conditional use permit as set forth in UDC 11-4-3-2C.
h. Outdoor speaker systems associated with the athletic club (i.e. outdoor
entertainment/recreation facility) use are required to be located a minimum of 100
feet from all residential districts, unless waived through approval of a conditional use
permit per UDC 11-3A-13.
i. Construct a 6 -foot tall masonry screen wall along the west boundary of the site
consistent with that constructed on the adjacent property to the south as shown on
Detail #4, Sheet L1.50 of the landscape plan included in Section VII.B.
Page 14
j. Retail and restaurant uses shall be allowed as accessory uses to the athletic club and
may serve members of the club as well as the public.
k. A cross-access/ingress-egress easement shall be granted from this site to the property
to the south as well as to the out -parcel to the east (#S1105110025). A recorded copy
of said easement(s) shall be submitted to the Planning Division with the Certificate of
Zoning Compliance application.
1. The proposed driveway access via E. Ustick Rd. is not allowed unless a waiver is
approved by City Council to UDC 11-3A-3, which limits access via arterial
streets when access via a local street is available.
in. Direct access via N. Eagle Rd./SH 55 and E. Ustick Rd., other than the accesses
approved by City Council with this application, is prohibited as set forth in UDC 1I -
3H -4B.
n. A 10 -foot wide multi -use pathway within a public use easement and pedestrian
lighting and landscaping is required to be provided within the street buffer along N.
Eagle Rd./SH 55 in accord with the standards listed in UDC 11 -3H -4C.3.
o. All of the frontage improvements (i.e. street buffers, sidewalks, pedestrian lighting,
etc.) on this site along E. Ustick Rd. and N. Eagle Rd./SH 55 shall be installed with
the first phase of development.
IX. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE (11-5134E)
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in
Section 11 -5B -4.E of the UDC to review the variance request. In order to grant a variance, the
Council shall make the following findings:
A. The variance shall not grant a right or special privilege that is not otherwise allowed in the
district:
In regard to the variance to UDC 11-4-3-2A.1 for the setback to the pool area, Staff finds granting
a variance would grant a right or special privilege that is not otherwise allowed in the district; for
the turf area, Staff finds granting a variance would not grant a right or special privilege that is not
otherwise allowed in the district based on the interpretation in Section V. that the intent of the
provision is met.
In regard to the variance to UDC 11-4-3-2A.2, Staff finds granting a variance would not grant a
right or special privilege that is not otherwise allowed in the district based on the interpretation in
Section V. that the intent of the provision is met.
B. The variance relieves an undue hardship because of characteristics of the site;
Because the buildable area of this site is constrained by the Milk Lateral, an irrigation facility that
bisects this site, and a cross -access easement exists on the east side of the site to Centerpoint Way,
Staff finds granting the variance would relieve an undue hardship because of characteristics of the
site that make reconfiguring the layout of the site unfeasible.
C. The variance shall not be detrimental to the public health, safety, and welfare.
Staff finds granting the variance would not be detrimental to the public health or safety but may be
detrimental to the public welfare based on testimony provided at the public hearing for the
development agreement modification from adjacent neighbors. Some neighbors objected to the
proximity of the outdoor recreation areas in relation to adjacent residential homes. See Section VIII
Analysis for more information.
Page 15