CC - Staff Report
Page 1
HEARING
DATE:
9/3/2019
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
SUBJECT: H-2019-0082
Eagle Commons at Ustick and Eagle
LOCATION: 3085 E. Ustick Rd.
(NE ¼ of Section 5, T.3N., R.1E.)
I. PROJECT DESCRIPTION
Request to enter into a new Development Agreement for the subject 3.29 acre property and exclude
the property from the existing Development Agreement (Inst. #108008770).
II. APPLICANT INFORMATION
A. Applicant:
Barclay Group – PO Box 733, Boise, ID 83701
B. Owner:
Knudsen Poor Farms, Inc. – 98 Fort Hall Ave., American Falls, ID 83211
C. Representative:
Tamara Thompson, The Land Group – 462 E. Shore Dr., Ste. 100, Eagle, ID 83616
III. NOTICING
City Council
Posting Date
Legal notice published in
newspaper 8/16/2019
Radius notice mailed to
properties within 300 feet 8/13/2019
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Page 2
Public hearing notice sign posted 8/23/2019
Next Door 8/13/2019
IV. STAFF ANALYSIS
The existing Development Agreement (DA) (Inst. #108008770, Sadie Creek Commons, AZ-05-052)
was approved in 2008 and incorporated a larger area that included the subject property and the
property to the west and south totaling 15.33 acres. The abutting 11.39 acre property recently entered
into its own DA (Villasport H-2018-0121, Inst. #2019-060877), leaving only this property subject to
the existing DA. The Applicant proposes to enter into a new DA solely for the subject property, thus
terminating the original DA, because most of the original DA provisions are no longer applicable to
development of this site. Prior to drafting the new development agreement, the Applicant should
provide staff with a new legal description and exhibit map of the subject property governed by
the new DA.
The terms of the existing DA and conceptual development plan previously approved for this site are
included below in Section VI.A. The existing conceptual development plan depicts two (2)
retail/commercial structures with associated parking and a shared access with the property to the
south via N. Eagle Rd./SH-55 which was denied (VAR-05-022).
The proposed concept plan depicts three (3) pad sites, one (1) multi-tenant shops pad with a drive-
through and shared parking. The maximum overall building area proposed is 25,900 square feet. A
conceptual building was submitted that demonstrates the quality of design proposed for future
buildings in the development. The drive-through may require conditional use approval as set forth in
UDC 11-4-3-11A; retail stores and sales are a principal permitted use in the C-G district – see UDC
Table 11-2B-2 for other allowed uses in the C-G district. All future development is required to
comply with the provisions as set forth in the Unified Development Code (UDC).
Access to the development is proposed via a shared driveway from E. Ustick Rd. approved with the
Villasport project (H-2018-0121) along the west boundary of the site and a cross-access easement via
N. Centerpoint Way, N. Cajun Ln. and E. Seville Ln. No public streets are proposed within the
development. Staff recommends as a provision of the DA that the Developer provide a cross-
access/ingress-egress easement to the adjacent properties to the west and south (Parcel
#S1105110110 & S1105110120).
V. DECISION
A. Staff:
Staff recommends approval of the proposed MDA per the provisions in Section VI.
Page 3
VI. EXHIBITS
A. Existing Development Agreement Provisions & Conceptual Development Plan
4. USES PERMITTED BY THIS AGREEMENT:
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-
2B 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 this project, was approved for
annexation with a Development Agreement in April, 2004 under the name of
Kissler Annexation (file 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.
5. 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 4
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 ½ 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 5
Page 6
B. Proposed Development Agreement Provisions, Conceptual Development Plan & Building Elevations
Prior to drafting the new development agreement, the Applicant shall submit a legal
description and exhibit map of the subject property governed by the new DA.
1. The applicant shall be responsible for all costs associated with the sewer and water service
extension and hook-up to City services.
2. Any existing domestic wells and/or septic systems within this project shall be removed from
their domestic service, per City Ordinance Section 5-7-517; wells may be used for non-
domestic purposes such as landscape irrigation.
3. Future development of this site shall substantially comply with the conceptual development
plan and provisions contained herein.
4. The Developer shall record a cross-access/ingress-egress easement to the adjacent properties
to the west and south (Parcel #S1105110110 & S1105110120). A copy of the recorded
easement(s) shall be submitted to the Planning Division with the first development
application for the site.
5. Future development shall comply with the structure and site design standards listed in UDC
11-3A-19 and the design standards listed in the Architectural Standards Manual.
6. A 10-foot wide multi-use pathway with a public use easement and pedestrian lighting and
landscaping shall be installed adjacent to N. Eagle Rd./SH-55 as set forth in UDC 11-3H-
4C.3.
Page 7
Page 8
EXHIBIT A
Page 1
HEARING
DATE:
9/3/2019
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
SUBJECT: H-2019-0082
Eagle Commons at Ustick and Eagle
LOCATION: 3085 E. Ustick Rd.
(NE ¼ of Section 5, T.3N., R.1E.)
I. PROJECT DESCRIPTION
Request to enter into a new Development Agreement for the subject 3.29 acre property and exclude
the property from the existing Development Agreement (Inst. #108008770).
II. APPLICANT INFORMATION
A. Applicant:
Barclay Group – PO Box 733, Boise, ID 83701
B. Owner:
Knudsen Poor Farms, Inc. – 98 Fort Hall Ave., American Falls, ID 83211
C. Representative:
Tamara Thompson, The Land Group – 462 E. Shore Dr., Ste. 100, Eagle, ID 83616
III. NOTICING
City Council
Posting Date
Legal notice published in
newspaper 8/16/2019
Radius notice mailed to
properties within 300 feet 8/13/2019
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Page 2
Public hearing notice sign posted 8/23/2019
Next Door 8/13/2019
IV. STAFF ANALYSIS
The existing Development Agreement (DA) (Inst. #108008770, Sadie Creek Commons, AZ-05-052)
was approved in 2008 and incorporated a larger area that included the subject property and the
property to the west and south totaling 15.33 acres. The abutting 11.39 acre property recently entered
into its own DA (Villasport H-2018-0121, Inst. #2019-060877), leaving only this property subject to
the existing DA. The Applicant proposes to enter into a new DA solely for the subject property, thus
terminating the original DA, because most of the original DA provisions are no longer applicable to
development of this site. Prior to drafting the new development agreement, the Applicant should
provide staff with a new legal description and exhibit map of the subject property governed by
the new DA.
The terms of the existing DA and conceptual development plan previously approved for this site are
included below in Section VI.A. The existing conceptual development plan depicts two (2)
retail/commercial structures with associated parking and a shared access with the property to the
south via N. Eagle Rd./SH-55 which was denied (VAR-05-022).
The proposed concept plan depicts three (3) pad sites, one (1) multi-tenant shops pad with a drive-
through and shared parking. The maximum overall building area proposed is 25,900 square feet. A
conceptual building elevation was submitted that demonstrates the quality of design proposed for
future buildings in the development. The drive-through may require conditional use approval as set
forth in UDC 11-4-3-11A; retail stores and sales are a principal permitted use in the C-G district – see
UDC Table 11-2B-2 for other allowed uses in the C-G district. All future development is required to
comply with the provisions as set forth in the Unified Development Code (UDC).
Access to the development is proposed via a shared driveway from E. Ustick Rd. approved with the
Villasport project (H-2018-0121) along the west boundary of the site and a cross-access easement via
N. Centerpoint Way, N. Cajun Ln. and E. Seville Ln. No public streets are proposed within the
development. Staff recommends as a provision of the DA that the Developer provide a cross-
access/ingress-egress easement to the adjacent properties to the west and south (Parcel
#S1105110110 & S1105110120).
V. DECISION
A. Staff:
Staff recommends approval of the proposed MDA per the provisions in Section VI.
B. The Meridian City Council heard this item on September 3, 2019. At the public hearing, the
Council moved to approve the subject MDA request.
1. Summary of the City Council public hearing:
a. In favor: Tamara Thompson, The Land Group (Applicant’s Representative)
b. In opposition: None
c. Commenting: None
d. Written testimony: Tamara Thompson, The Land Group (Applicant’s Representative) –
in agreement with staff report
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. None
3. Key issue(s) of discussion by City Council:
Page 3
a. None
4. City Council change(s) to Commission recommendation:
a. None
Page 4
VI. EXHIBITS
A. Existing Development Agreement Provisions & Conceptual Development Plan
4. USES PERMITTED BY THIS AGREEMENT:
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-
2B 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 this project, was approved for
annexation with a Development Agreement in April, 2004 under the name of
Kissler Annexation (file 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.
5. 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 5
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 ½ 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 6
Page 7
B. Proposed Development Agreement Provisions, Conceptual Development Plan & Building Elevations
Prior to drafting the new development agreement, the Applicant shall submit a legal
description and exhibit map of the subject property governed by the new DA.
1. The applicant shall be responsible for all costs associated with the sewer and water service
extension and hook-up to City services.
2. Any existing domestic wells and/or septic systems within this project shall be removed from
their domestic service, per City Ordinance Section 5-7-517; wells may be used for non-
domestic purposes such as landscape irrigation.
3. Future development of this site shall substantially comply with the conceptual development
plan and provisions contained herein.
4. The Developer shall record a cross-access/ingress-egress easement to the adjacent properties
to the west and south (Parcel #S1105110110 & S1105110120). A copy of the recorded
easement(s) shall be submitted to the Planning Division with the first development
application for the site.
5. Future development shall comply with the structure and site design standards listed in UDC
11-3A-19 and the design standards listed in the Architectural Standards Manual.
6. A 10-foot wide multi-use pathway with a public use easement and pedestrian lighting and
landscaping shall be installed adjacent to N. Eagle Rd./SH-55 as set forth in UDC 11-3H-
4C.3.
Page 8
Page 9
C. Legal Description & Exhibit Map for Property Subject to Development Agreement
Page 10