Z - Exhibit A RevisedEXHIBIT A
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 9/3/2019
DATE:
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'/4 of Section 5, T.3N., R.IE.)
WE NDIAI�T�
R-8 R-15
R-15 R-
RUT
I
"R-:H[RfV
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
Page 1
Public hearing notice sign posted 8/23/2019
Next Door 8/13/2019
MLYWISK1WV.10F\k1&Iki
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terminating the original DA, because most of the original DA provisions are no longer applicable to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 11-4-3-1 IA; retail stores and sales are a principal permitted use in the C -G district — see
UDC Table I 1-2B-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 Citv Council heard this item on September 3. 2019. At the Dublic hearine. 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 staffreport
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 2
a. None
4. City Council change(s) to Commission recommendation.
a. None
Page 3
CSI= 0114 is I 1 1.1 10
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 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.
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:
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 % 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 ACRD.
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
c
L1.1
B. Proposed Development Agreement Provisions, Conceptual Development Plan & Building Elevations
—o is a UAW
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 #S 1105110110 & S 1105110120). 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
omm°o
W -o" o
Page 8
Lq +
EAGLE & USUCK
SHM ELEVATION
08.19,19.
alc- 19113 j
C. Legal Description & Exhibit Map for Property Subject to Development Agreement
T LEGAL DESCRIPTION
AZ
/r 1HE
Page 1 OF 1
10 LAND
GNGU P
August 30, 2019
Project No.: 119025
EAGLE COMMONS
PROPERTY DESCRIPTION
A parcel of land located in Government Lot 1 in the Northeast One Quarter of Section 5, Township 3
North, Range 1 East, Boise Meridian, City of Meridian., Ada County, Idaho, being more particularly
described as follows:
Commencing at the Northeast Corner of Section 5 of said Township 3 North, Range 1 East, (from which
point the North Quarter Corner of said Section 5 bears South 89°39'20" West, 2656.46 feet distant);
Thence South 00"00'00" East, a distance of 400.00 feet on the East line of said Section 5;
Thence North 84' 06'00" West, a distance of 51.29 feet to the Southeast corner of that parcel as
described in Deed Instrument Number 2017-119849 of Ada County Records, said point being the
POINT OF BEGINNING;
Thence North 84" 06'00" West, a distance of 428.70 feet on the Southerly boundary line of that
parcel described in said Deed instrument Number 2017-119849;.
Thence North 81° 54'00" West, a distance of 24.72 feet on the Southerly boundary line of said
Deed parcel to the Southwest corner of said Parcel;
Thence North 01" 05' 59" East, a distance of 302.81 feet on the exterior boundary line of said
Deed parcel to a point on the southerly right-of-way line of East Ustick Road;
Thence on said Southerly right-of-way line of East Ustick Road for the following courses and
distances:
Thence South 89° 23' 16" East, a distance of 58.03 feet;
Thence South 86" 01'47" East, a distance of 180.57 feet;
Thence North 89° 39'20" East, a distance of 181.46 feet;
Thence South 44° 30'12" East, a distance of 45.83 feet to a point on the Westerly right-of-way
line of North Eagle Road;
Thence leaving the right-of-way line of E. Ustick Road, South 01° 14'39" West, a distance of
305.67 feet on the Westerly right-of-way line of North Eagle Road to the POINT OF BEGINNING.
The above described parcel contains 3.29 acres more or less.
PREPARED BY..
The Land group, Inc.
James R. Washburn
Page 9
Ir
R/W R1W
- BASIS OF BEARING S.32 S.33
S.321 S&P39'20" W 2656.46' T.4N.,R.1 E.,B.M.
1!4 S,5 21611.13` TIE LINE: 495.33' T.3N.,R.1 E.,B.M. S.5 1 S.4
^S01°05'59'W 41.4.5'
S86°01'47"E 180.51' N89°39'OF 181.48'
S89°23'16'°E 58.03° �
S44'30'12'E 45.83
70,00'
i
E. USTICK ROAD
RAW RJw
LNG '1'54'00'W 24.72'
SADIE CREEK CGMIVIONS LLC.
Exhibit "B°
Horizontal Scale: 1' = 100'
I
E. USTICK RD. F-
3085 I C
APN:S1105110025 _ �
AREA -13.29 AC
POINT OF BEGINNING s
1-8 '06'00'W 42$.70, ua
SADIE CREEK COMMONS LLC. '
N84'06'00'W 51.29
THE Eagle Commons
W. LAND Property Description Exhibit
GROUP
Page 10
0 100' 200°
PropEt No.: 119025
Me of Issuance: 09+11;2919
`¢
Q
C'A
C j
W
CO Q
e
rQ
LU
+
Ch
W
J
�
1
r� _
POINT OF BEGINNING s
1-8 '06'00'W 42$.70, ua
SADIE CREEK COMMONS LLC. '
N84'06'00'W 51.29
THE Eagle Commons
W. LAND Property Description Exhibit
GROUP
Page 10
0 100' 200°
PropEt No.: 119025
Me of Issuance: 09+11;2919
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAWC�,((ENty
AND DECISION & ORDER
In the Matter of the Request to Enter into a New Development Agreement for the Subject 3.29 Acre
Property and Exclude the Subject Property from the Original Development Agreement (Inst.
#108008770), by Barclay Group.
Case No(s). H-2019-0082
For the City Council Hearing Date of: September 3, 2019 (Findings on September 17, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 3, 2019, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 3, 2019, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 3,
2019, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 3, 2019, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0082 - I -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 3, 2019, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for a modification to the existing Development Agreement is hereby
approved per the provisions in the Staff Report for the hearing date of September 3, 2019,
attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6) month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of September 3, 2019
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0082 - 2 -
By action of the City Council at its regular meeting held on the
2019.
COUNCIL PRESIDENT JOE BORTON
COUNCIL VICE PRESIDENT LUKE CAVENER
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER TREG BERNT
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
(TIE BREAKER)
Mayor Tammy de Weerd
Attest:
Chris Johnson
City Clerk
day of ,
VOTED
VOTED
VOTED
VOTED
VOTED
VOTED
VOTED
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0082 -3 -