Loading...
CC - Staff Report1 Charlene Way From:Sonya Allen Sent:Thursday, August 08, 2019 4:31 PM To:Adrienne Weatherly; Charlene Way; Chris Johnson Cc:Geoffrey M. Wardle (GWardle@spinkbutler.com); Roberta Stewart; tonn@bvadev.com; Bill Parsons Subject:Rackham Subdivision - MDA H-2019-0081 Staff Report for Aug 13th Council Mtg Attachments:Rackham - MDA H-2019-0081 Staff Report.pdf Attached is the staff report for the proposed Development Agreement Modification for Rackham Subdivision. This item is scheduled to be on the Council agenda on August 13 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. Geoff - 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 Built for Business, Designed for Living 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. Page 1 HEARING DATE: 8/13/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: H-2019-0081 Rackham Subdivision LOCATION: 1020 S. Eagle Rd. (SW ¼ of Section 16, T.3N., R.1E.) I. PROJECT DESCRIPTION Request to modify the existing Development Agreement (Inst. #2019-037825) to update the phasing plan depicted on the conceptual development plan for the site and amend certain provisions in the agreement. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 51.59 Future Land Use Designation Mixed Use – Regional (MU-R) Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Commercial, office, outdoor entertainment facility, multi- family residential Current Zoning C-G Proposed Zoning NA Neighborhood meeting date; # of attendees: 6/14/2019; 7 attendees History (previous approvals) Annexed in 1995 (Ord. 719, Langley/Power Mall); H-2018- 0126 (PP); H-2019-0005 (MDA - DA Inst. #2019-037825) Page 2 B. Project Area Maps III. APPLICANT INFORMATION A. Applicant: BVABC Eagle View, LLC – 2775 W. Navigator Dr., Ste. 220, Meridian, ID 83642 B. Owner: Same as Applicant C. Representative: Geoff M. Wardle, Clark Wardle – 251 E. Front St., #200, Boise, ID 83702 Future Land Use Map Aerial Map Zoning Map Planned Development Map Page 3 IV. NOTICING City Council Posting Date Newspaper Notification 7/26/2019 Radius notification mailed to properties within 300 feet 7/23/2019 Radius notification published on 8/2/2019 Nextdoor posting 7/23/2019 V. STAFF ANALYSIS The Applicant proposes to amend the recently approved Development Agreement (Inst. 2019- 037825) for this property to update the phasing plan depicted on the conceptual development plan and amend certain provisions of the agreement. The proposed phasing plan is consistent with that recently approved with the preliminary plat. The Applicant’s proposed changes to the DA are included in the application documents; the specific provisions and requested amendments are included in Sections VII.C and D. Note: The format of the changes as proposed by the Applicant in the application differ slightly from that shown in Section VII.C; the City Attorney’s office will determine how to format the changes in the amended agreement. The amendment is necessary because the existing plan depicts a phasing plan that is no longer feasible for the Applicant. Because a phasing plan was approved with the preliminary plat, Staff is of the opinion it isn’t necessary to also include a phasing plan in the DA. Therefore, Staff recommends the phasing plan is removed from the conceptual development plan included in the DA and phasing of the project occur consistent with that approved with the plat. This will assist in avoiding future amendments to the DA for phasing reasons. Accordingly, Staff has included recommended amendments to the provisions in the DA in Sections VII.C and D. VI. DECISION A. Staff: Staff recommends approval of an amendment to the DA as recommended by Staff in Sections VII.C and D per the analysis above. Page 4 VII. EXHIBITS A. Legal Description Page 5 Page 6 B. Existing Conceptual Development Plan & Phasing Plan Phasing Plan for Rackham Subdivision/Eagle View Landing: The following description sets forth the phasing of the various elements for Rackham Subdivision/Eagle View Landing. Each phase will satisfy the requirements of the Meridian UDC when it is constructed. Due to the significant amount of perimeter frontage of the Property, we are proposing phased completion of the buffer areas and perimeter improvements corresponding to each phase when that phase is undertaken. It is the Applicant’s intention to make the CZC, Design Review and Building Permit submittals for Phase 1 immediately upon approval of the Development Agreement, and then shortly thereafter on Phase 1A. The Phase 2 elements will follow, although the actual order of development within Phase 2 will depend upon the requirements of its users and tenants. Phase 3 will commence once the anchor medical users are committed and may proceed contemporaneously with elements of Phase 2. Phase 4 will be included and addressed in future supplemental applications addressing the elements of the seven acre parcel. We believe that this phasing plan will permit the Applicant to undertake development activities for various elements of the project in a sequential manner that will provide construction efficiencies and which will permit the sequential opening of various elements. Phase 1 and 1A development would be contemplated to commence in the Summer of 2019 and other phases to follow thereafter. Phase 1 – ICCU Building – initial office building Entrance drive improvements Buffer and improvements on parcel adjacent to Interstate Phase 1A – East Building – second office building Will be commenced after Phase 1 begins Buffer and improvements on parcel adjacent to Interstate Required improvements to shared access drive between Rackham and Silverstone Phase 2 – Retail, Entertainment, and Hospitality Elements (actual order of elements to be determined) Page 7 Phase 2A – Commercial and retail elements east and west of entrance drive Buffer along southern boundary of Phases to be improved Phase 2B – Outdoor entertainment entity Buffer and improvements on parcel adjacent to Interstate Improvements along eastern boundary of Phase adjacent to property to east Phase 2C – Hospitality element Buffer along southern boundary of Phases to be improved Phase 3 – Medical Office and Office Buffer and improvements on parcel adjacent to Interstate Phase 4 – Future Multifamily/Commercial/Office Use parcel Improvements along eastern and southern boundary will be constructed adjacent to property to east and south when Phase is developed. Page 8 C. Applicant Proposed/Staff Recommended Revisions to Development Agreement Note: The Applicant’s proposed revisions are noted in strike-out/underline text; Staff’s recommended change in red/bold/underline text. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are those uses allowed under the UDC, within the C-G district from time to time as permitted, accessory or conditional uses. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS COVERING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. In recognition of the existing development rights associated with the Property under the UDC, and the proposed scope of the initial phase of the Developer/ Owner’s corporate center consisting of the two commercial office buildings located on the northern boundary intention to initially retain control of the Property, the by undertaking development via ground leases or other financial arrangements where the Developer/Owner and Developer have been retains ownership and control over the Property fee, development efficiencies from phasing project elements in a flexible manner, and the requirements associated with extending required throughout the Property to serve all project elements, the Developer/Owner, shall be permitted to submit and to obtain design review approvals for those two buildings approval, certificates of zoning compliance for those two buildings, and building permits for those two buildings, prior to the approval of the subdivision plat for the Property any element of the project whether for infrastructure or for any buildings or for any other improvements that are contained within Phase 1 or Phase 2 (specifically any portion of Phase 2 designated as a subphase) as depicted on the attached Amended Conceptual Development and Phasing Plan for Rackham Subdivision/Eagle View Landing, consistent with the Findings, attached as Exhibit “B” and the concept plan attached Amended Conceptual Development and Phasing Plan for Rackham Subdivision/Eagle View Landing as Exhibit “C”. Staff’s recommended amendment (in lieu of that proposed by the Applicant): In recognition of the existing development rights associated with the Property under the UDC, and the proposed scope of the initial phase of the Developer/ Owner’s corporate center consisting of the two commercial office buildings located on the northern boundary of the Property, the Developer/Owner and Developer have been permitted to submit and to obtain design review approvals for those two buildings, certificates of zoning compliance for those two buildings, and building permits for those two buildings, prior to the approval of the subdivision plat for the Property, consistent with the Findings, attached as Exhibit “B” and the concept plan attached as Exhibit “C”. Future development of the subject property shall be generally consistent with the amended conceptual Page 9 development plan attached as Exhibit C and conditions of approval associated with the preliminary plat (H-2018-0126). 5.2. No Developer/Owner shall diligently proceed with its application for a preliminary plat for Rackham Subdivision. Developer/Owner shall undertake extension of utilities and other building permits for individual buildings will be available on infrastructure as required under the UDC. Developer/Owner shall not sell any portion of the Property until the subdivision plat Plat for Rackham Subdivision is recorded. Upon Prior to the recording of a subdivision plat, additional the Plat for Rackham Subdivision, however, Developer/Owner may obtain building permits shall be available consistent with the UDC Section 5.1 above. Staff’s recommended amendment (in lieu of that proposed by the Applicant): No Developer/Owner shall diligently proceed with its application for a preliminary subdivision plat(s) for Rackham Subdivision. Developer/Owner shall undertake extension of utilities and other building permits for individual buildings will be available on infrastructure as required under the UDC. Developer/Owner shall not sell any portion of the Property until the subdivision plat Plat for Rackham Subdivision is recorded. Upon Prior to the recording of a subdivision plat, additional the Plat for Rackham Subdivision, however, Developer/Owner may obtain building permits shall be available consistent with the UDC. 5.3. The Owner and /Developer shall develop the Property in accordance with the conditions of approval contained in Findings attached as Exhibit “B”. 5.4. The developer shall enter into a cross-access easement and maintenance agreement with the abutting property owner to the south for the east/west shared driveway adjacent to the southern 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. 5.5. A continuous pedestrian walkway network that is a minimum of 5-feet in width shall be provided internally within the site from the sidewalks along S. Silverstone Way and Rackham Way along the main drive aisles within the development and within the street buffer along I-84 to the main building entrances; 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-19B.4. 5.6. Future development of the site shall be consistent with the structure and design standards listed in UDC 11-3A-19 and the design standards in the Architectural Standards Manual. Page 10 D. Applicant Proposed Revised Conceptual Development Plan/ Phasing Plan vs. Staff Recommended Revised Conceptual Development Plan (without Phasing Plan) Applicant Proposed: Page 11 Page 12 Page 13 Staff Recommended (concept plan only - no phasing plan): Page 14 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. Idaho Transportation Department (ITD) http://weblink.meridiancity.org/weblink8/0/doc/175333/Page1.aspx B. Nampa & Meridian Irrigation District (NMID) http://weblink.meridiancity.org/weblink8/0/doc/174885/Page1.aspx C. New York Irrigation District (NYID) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=174549 D. Fire Department http://weblink.meridiancity.org/weblink8/0/doc/174597/Page1.aspx http://weblink.meridiancity.org/weblink8/0/doc/174591/Page1.aspx