CC - Applicant Response to Staff Report - 1/5W
WL WHITE-LEASURE DEVELOPMENT COMPANY
January 5, 2016
Sonya Watters
Associate City Planner
City of Meridian
33 E. Broadway Ave
Meridian, ID 83642
RE: Conditions Governing Development of Eagle Commons at Overland — MDA H-2015-0024
Dear Sonya,
We have received the staff report and have the following comments for your consideration for tonight's
hearing.
As you are aware Mr. Kissler is under pressure to get his new facility open by the end of 2016, where he
plans on employing approximately 300 people in the new Norco facility. After reading the staff report we
are concerned that his schedule is in jeopardy.
During our initial pre application meeting back in May we were led to believe that we could move
directly to CZC and Building permit as we already had 3 parcels and the zoning allowed for our intended
uses. We proceeded along this path hiring consultants to determine the civil plan, traffic requirements,
and building design.
We returned to meet with you in October for another pre application meeting along with Mr. Kissler to
explore what is necessary to get his building started. This second pre application meeting we feel was a
step backwards in that new requirements were given to us to amend a Development Agreement that does
not exist and was a part of the initial annexation of the property in 1995 when the entire quadrant of land
was under contract to another developer. Cross access to the adjoining properties was also encouraged.
Following the second pre application meeting we reached out to the Elk's, property to the north, and
Zamzow's, property to the east, to discuss their participation in the access. We felt there was no need to
discuss the access at this point with Sundance, the property to the west along the frontage, as Mr. Kissler
purchased the acre of access from them and agreed to provide them access at the time he builds. He also
agreed in that document to pay the late comer fees that Sundance paid when the Silverstone Way
intersection was initially constructed. We estimate the access area to be approximately 3.15 acres, with
the cost of construction and value of the land we estimate the cost of what is being asked to be around
$2,000,000, on top of what Mr. Kissler is planning on building this represents a 20% increase in his
development costs. Given the fact that Mr. Kissler purchased his access we simply do not believe it is
fair nor is it economically feasible to build and donate the access to these other properties. Despite the
fact that all of the adjoining properties have access to public roads, we are willing to work with the
adjoining property owners to fmd an economically reasonable way to give them better access.
P.O. Box 1277 • Boise, Idaho 83701-1277 • Telephone (208) 345-1842 • FAX (208) 343-3143
www. wh ite-leasu re. corn
Please take these issues under consideration for tonight's hearing. If we cannot find a reasonable way to
get Mr. Kissler's building built by the end of 2016 he will be forced to reconsider this expansion and may
have to look elsewhere in the valley to place these jobs.
Below please find our response to the conditions outlined in the Staff Report for Eagle Commons at
Overland we received December 30, 2015.
1. OK Agreed.
2. Please remove "a 20 foot wide street buffer is required along the future collector street" as we are
not proposing a collector street.
3. Please add only along the back side of residential lots. However, not in the Flood Way Channel,
no obstruction per FEMA.
4. OK Agreed.
5. OK Agreed.
6. OK Agreed.
7. OK Agreed.
Not Agreed. Please add "and/or perform a boundary line adjustment" following the word
subdivide. Currently we have 3 legal lots.
9. Not Agreed. The Owner's of those parcels need to pay their pro rata share of the cost of access;
land acquisition, improvements, signal modifications, and late comer fees on the signal, borne by
Kissler.
10. OK Agreed.
11. OK Agreed.
12. OK Agreed.
13. Not Agreed. We are not sure who or what the end user is, and we have agreed to meet UDC
standards of design and the current setbacks.
14. OK Agreed.
15. OK Agreed
16. Not Agreed. We are not willing to dedicate future right of way as a condition of obtaining zoning
or building approvals. We are willing to work with all adjacent property owners, ACRD, and the
City to find an equitable way to provide reasonable access if the current access to any adjacent
owner's site is not acceptable to them. We will be able to provide utilities and access to serve our
development. Anything beyond that exceed the limits of reasonable allocation to the
development.
17. Not Agreed. The right of way appears to be 65 feet wide, we feel there is no need for additional
right of way
18. A 6' Fence shall be built only along the back side of residential lots. Not in the Flood Way
Channel. No Obstruction per FEMA
19. Please add "or boundary line adjustment" to the end of the second sentence.
20. OK Agreed.
21. OK Agreed.
22. The Applicant should not be obligated to pay for upsizing the lines for the adjacent property
owners future projects. They must pay the additional cost.
23. The Applicant should not be obligated to pay for upsizing the lines for the adjacent property
owners future projects. They must pay the additional cost.
24. OK Agreed.
Best Wds,Jeffre
White-Leasure Development Company
CITY OF NIFRIM Wtj
,PRE-AJ-'F1;1(JAT1CV1T MLEI KIING NOTES
Project/Subdimision Name:
Y Date:
Applicant(s),1Qontac"(s): U-, *'n
City Staff. go, -Vik '7'w. r, Aj.
Location.
Size oFj3iT0P—er-4':iP0'�--7--
Comprehensive Plan FLUM Desigilattion,
Design Guidelines Development Ej- Urban ❑ �ttan/-Suburban
Existing Use: , f
Existing Zoning:
Proposed Use:
Proposed Zoning. -
Surrounding Uses* -Sr_'-A_—
Street Buffer(s) and/or Land Use Buffer(s): Z8'
Open SpacelAmenities/Pattliways:
Access/Stub Streets/Street System: &-A,
Sewer & Water Service: P
I Sr -J
0
History: 44 —.-3L -k
I im -- -<
Additional �=-Mq Notn ,Swj-1-
Note: A Raffic Impact Study (TIS) will be required by ACHD for large cot-ninercial pt-ejectsendany msidanfiJf de3r3J0PM6'7t:V#h 010ar 10o emits. TO
avoid unnecessary Mays & expedite the ha-afingprocess, applicants are encoa'l-qged!0 stibn7it6le TIS ACHE pnbrto stiblyViiing p7eij,app#,,.agon
to the City Not having ACHD comments and/or conditions on large projects may delay heanng(s) at the City. Please contactfi4jrLqy viallace at 387_
6178orChristy 0fle at '387-6144 atACHDfor inbTnatioriinregard to a 71S, condftns, impact fees a[jdprGc9ss'
Other Agencles/Depailmeirs to Coc#,a&,:
El Ada County Highv%my Dist. (ACHD)
[I Idaho Transportation Dept tlTD)
F1 Republic Servicas
U Central District Health Department
Appileation(s) Required:
0 Administraffiie Design Review
El Alternative Ccrnpiliance
El Annexation
City Council Review
❑ Comprehensive Plan Ameiidment - Map
Comprehensive Plan Amendment- Text
El Conditional Use Permit
El Nampa lMeridFan Irrigation Dist, (NMID)
F1 Seftle(s lrr�atfon District
EJ Police Department'
0 Fig- Deparbnerit
F1 Conditional Use Permit Modification./Transfer
❑ Development Agmernent Modification
❑ Final Plat
El Final Plat Modification
F1 Planned Unit Development
Preliminary Pla,
Private Street""'
F1 Public Wort;s aepariment
I r
D Building Departirnon-t-
E--j Pankc Depatrrient
01 Other:
"A
Rezone
❑ Short Plat
Time Extension - Council
El UDC Text Amendment
0 Vacat;on
Variance,
Wes: I)Appikantsare required lo hold a neighborhood meeting in accord with UVC 11-5A-5Cp6crto subraffilalofan oppl,"catior roquilingapublic
hearing (except fore, vacation orshort plat); and 2,).A# applicands for permits requiring apublic hearing shall post tije site Wh a public haming notice
in accord with UDC 11-5A-0.3 (excepl, f
ci- UDC text amendrf7eflts, COMP Plan !ext alrandments, and vacations), h - in d
T 0 on ti f no onprovide during
this meeting is based on currant UDC mquirements and the Comprehensive Plan. Any subsequent changes to MO UDC C4,ndlor Comp Plea rnay
affect your submftl and(or application. This pre -application R706thIg shelf to valid W four (4) months.
CITY OF MERIDA
PR -E -I PPLICATIONE, FTING NOTFs
Project/Subdivision Name:
City Staff: 1,4 "It. ; ?p"Cp ` ` a
Location:
Comprehensive Pian FLUM Designation:
Design Guidelines Development Context: ❑
Existing Use:
Proposed Use:
Surrounding Uses: r✓Ar:e
Street Buffer(s) and/or Land Usuffer(s):
Open Space/Amenities/Pathways: L—
Access/Stub Streets/Street System: la�� tk;Az
Sewer & Water Service: 1�a :kf
Waterways/ FloodplainiTopography/Hazards:
History: 60 "4,
Additional Meeting Noes:.W 5r,�14 .,
Date: /9 C �'
l'
Size of Property:
Urban roan/Suburban ❑ Suburban ❑ Rural
Existing Zoning: ".G
Proposed Zoning: C-6
r r�
"; .
!Vote: A Traffic Impact Study (TiS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To
avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application
to the City. Not having ACHD comments and/or conditions on large projects may delay hearings) at the Oily. Please contact Mindy Wallace at 387-
6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process.
Other Agencies/Departments to Contact:
❑ Ada County Highway Dist. (ACHD) ❑ Nampa Meridian Irrigation Dist. (NMID) ❑ Public Works Department
❑ Idaho Transportation Dept, (iTD) ❑ Settlers Irrigation District ❑ Building Department
❑ Republic Services ❑ Police Department ❑ Parks Department
❑ Central District Health Department ❑ Fire Department ❑ Other:
Application(s) Required:
❑ Administrative Design Review ❑ Conditional Use Permit Mod ification/Transfer ❑ Rezone
❑ Alternative Compliance Development Agreement Modification .co ❑ Short Plat
❑ Annexation ❑ Final Plat ❑ Time Extension - Council
❑ City Council Review ❑ Final Plat Modification ❑ UDC Text Amendment
❑ Comprehensive Plan Amendment- Map ❑ Planned Unit Development ❑ Vacation
❑ Comprehensive Plan Amendment - Text ❑ Preliminary Plat ❑ Variance
❑ Conditional Use Permit ❑ Private Street ❑ Other
Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public
hearing (except for a vacation or short plat); and 2) Alt applicants for permits requiring a public hearing shall post the site with a public hearing notice
in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments and vacations). The information provided during
this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may
affect yoursubmiital and/or application. This pre -application meeting shall be valid for four (4) months.
7`j
e,
e�
r L s
i`"4s=R
_fJ.B'k^
i -e aty f ez testi-e;
k- ),A 4rr,
c+��fjo� ell
VA
CA.�
Y•i3tJa ;:�
n l Z
f d r^i• i � MTr_!`a..14 64 4' 0 '%e— r J9 1--r. n '-n—l. -
e
A "01 /1
!Vote: A Traffic Impact Study (TiS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To
avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application
to the City. Not having ACHD comments and/or conditions on large projects may delay hearings) at the Oily. Please contact Mindy Wallace at 387-
6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process.
Other Agencies/Departments to Contact:
❑ Ada County Highway Dist. (ACHD) ❑ Nampa Meridian Irrigation Dist. (NMID) ❑ Public Works Department
❑ Idaho Transportation Dept, (iTD) ❑ Settlers Irrigation District ❑ Building Department
❑ Republic Services ❑ Police Department ❑ Parks Department
❑ Central District Health Department ❑ Fire Department ❑ Other:
Application(s) Required:
❑ Administrative Design Review ❑ Conditional Use Permit Mod ification/Transfer ❑ Rezone
❑ Alternative Compliance Development Agreement Modification .co ❑ Short Plat
❑ Annexation ❑ Final Plat ❑ Time Extension - Council
❑ City Council Review ❑ Final Plat Modification ❑ UDC Text Amendment
❑ Comprehensive Plan Amendment- Map ❑ Planned Unit Development ❑ Vacation
❑ Comprehensive Plan Amendment - Text ❑ Preliminary Plat ❑ Variance
❑ Conditional Use Permit ❑ Private Street ❑ Other
Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public
hearing (except for a vacation or short plat); and 2) Alt applicants for permits requiring a public hearing shall post the site with a public hearing notice
in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments and vacations). The information provided during
this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may
affect yoursubmiital and/or application. This pre -application meeting shall be valid for four (4) months.
7`j
e,
e�
Exhibit A.5: Proposed Changes to the Development Agreement Provisions
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
1. The subject property shall develop in substantial compliance with the conceptual development plan
included in Exhibit A.4 and the provisions in this agreement.
2. 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 20 -foot wide street buffer is required along the future collector
street and a 10 -foot wide street buffer is required to be constructed along S. Rackham Way, a local
street, per UDC Table 11-2B-3 and shall be landscaped in accord with the standards listed in UDC 1I -
3B -7C. These buffers shall be constructed with the first phase of development.
3. A 25 -foot wide landscape buffer shall be provided along the east boundary of the site adjacent to 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 if the collector street is not required to be constructed by City
Council.
A 10 -foot wide multi -use pathway shall be constructed along the north side of the Fivemile 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 the east side of the driveway to the E.
Overland Rd./Silverstone Way intersection. Landscaping is required to be installed on each side of the
pathway 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
with the first phase of development.
5. 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.
6. Minimum five-foot wide pedestrian walkways shall be provided internally within the site from the
multi -use pathway connecting to the sidewalk along E. Overland Road to the building entrances with
each phase of development as set forth in UDC 11-3A-19A.4a.
7. The Fivemile 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-613.
8. Prior to the development of the second phase (Lot 1, Major A), the applicant shall subdivide the
property.
9. A cross-access/ingress-egress easement shall be provided to the property to the east (parcel
#R4626240051, where the driveway stub is currently located) via a note on the final plat or a separate
recorded agreement. If a separate agreement is recorded, a copy of such shall be submitted with the
final plat application for the first phase of development (or the first Certificate of Zoning Compliance
application, whichever occurs first).
10. 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).
11. 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 Lot 3 develops. Once said lot is
developed one (preferably the southern access) of the emergency accesses shall be converted to a public
street access.
Eagle Commons at Overland — MDA H-2015-0024 14
12. 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.
13. The building proposed in phase 2 (Lot 1) depicted on the conceptual development plan as "Major A"
shall be restricted to a single -story in height as proposed by the applicant to better integrate with the
residential properties to the east.
14. 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.
15. 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.
16. With the first phase of development, the developer shall construct S. Silverstone Way from E. Overland
Road as a commercial collector street through the site to the north property boundary for future
extension with curb, gutter and sidewalk in accord with ACHD standards. The applicant may deed the
right-of-way of the collector road to ACHD prior to subdividing the property so the roadway can
be constructed by the applicant with the first phase of development. Right-of-way shall be
expanded at the east property boundary adjacent to Parcel #R4626240075 to provide public street
frontage for that parcel; this will allow for the development of a stub street in that location in the future
if the property to the east redevelops commercially as anticipated.
17. 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 the first phase of
development.
18. The developer shall construct a 6 to 8 -foot tall fence/wall along the east boundary of the site adjacent to
residential uses with the first phase of development. The applicant should work with the neighbors to
determine an appropriate fencing height and material.
19. 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.
20. 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.meridianciiy.org/public works.aMx?id=272
21. 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.
22. Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to
and through this development.
23. 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.
24. 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,
Eagle Commons at Overland — MDA H-2015-0024 15
or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside
the plat process using 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 scaled, 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.
Eagle Commons at Overland — MDA H-2015-0024 16