CC - Staff Report
Knighthill Apartments MDA H-2016-0002 1
STAFF REPORT
Hearing Date: February 16, 2016
TO: Mayor and City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
SUBJECT: H-2016-0002 – Knighthill Apartments
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, James Wylie, requests to amend the recorded development agreement (DA) (Instrument
#114014784) for the purpose of incorporating a second concept plan, residential building elevations and
modify certain provisions of the development agreement.
See Section IX Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA as requested by the applicant.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0002 as
presented in the staff report for the hearing date of February 16, 2016, with the following modifications:
(Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny H-2016-0002 as presented during
the hearing on February 16, 2016, for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2016-0002 to the hearing date of (insert continued hearing date here) for
the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located on the southwest corner of Chinden Boulevard and N. Linder
Road in the NE ¼ of Section 26, Township 4 North, Range 1 West
B. Applicant/Owner(s):
James Wylie
1676 N. Clarendon Way
Eagle, ID 83616
C. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a development agreement modification. A public hearing is required
before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
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B. Newspaper notifications published on: January 25, and February 8, 2016
C. Radius notices mailed to properties within 300 feet on: January 21, 2016
D. Applicant posted notice on site by: February 5, 2016
VI. LAND USE
A. Existing Land Use(s) and Zoning: Two (2) commercial building are currently constructed on the
property. The entire property is zoned C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Chinden Boulevard and underdeveloped commercial property, zoned C-C
2. East: Linder Road and agricultural land, zoned RUT in Ada County
3. South: Lochsa Falls Subdivision, zoned R-4
4. West: Vacant commercial property and Lochsa Falls Subdivision, zoned C-N and R-4
C. History of Previous Actions:
In 2006, the site was annexed (AZ-06-006) and preliminarily platted (PP-06-005) with 4 commercial
lots and one common lot. A development agreement was required with the annexation of the property
(Instrument # 106122368). A concept plan was tied to the approved development agreement. In 2008,
the Director approved an 18-month administrative time extension (TE-08-008) extending the expiration
date of the project.
In 2008, the property received approval of a new preliminary plat (PP-08-005) and development
agreement modification (MI-08-003). The proposed preliminary plat consisted of 5 commercial lots and
1 common lot. The DA mod was required to replace the approved concept plan with a new one. These
approvals have expired because the applicant never signed the amended DA or applied for a time
extension within the required UDC time frame.
In 2009, the City Council denied an access variance (VAR-09-001) to Chinden Boulevard.
In 2013, Council approved a variance (VAR-13-002) application granting a right-in/right-out access to
Chinden Boulevard. In 2013, the City Council approved a preliminary plat (PP-13-031) consisting of
five (5) commercial lots and one (1) common lot on approximately 9.11 acres of land and a
development agreement modification (MDA-13-019) to incorporate a new concept plan and update
certain provisions relevant to the proposed preliminary plat. In 2014, the property received final plat
approval (FP-14-020) for five commercial lots.
Also, in 2014, the property received Certificate of Zoning Compliance and Design Review for the
property ( CZC-14-053 & DES-14-048) and conditional use permit approval for a drive-through
(CUP-14-004).
VII. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
As mentioned above, a DA was required when the subject site was modified in 2013. A comprehensive
list of the DA provisions that currently govern the site are as follows:
1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions
Knighthill Apartments MDA H-2016-0002 3
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 development.
3. The applicant will be responsible for all costs associated with the sewer and water service
extension.
4. 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.
5. That prior to issuance of any building permit, the subject property shall be subdivided in
accordance with the City of Meridian Unified Development Code.
6. That development of the property shall comply substantially with the conceptual plan as attached in
Exhibit A.
7. The applicant shall provide signage on the site which indicates that there is an exit towards W.
Everest Lane.
8. The applicant shall provide evidence of a recorded cross access easement with the development to
the west for access to W. Everest Lane, which is a private street.
9. Future development of the commercial lots shall substantially comply with the elevations in Exhibit
A of the original staff report, the design standards listed in UDC 11-3A-19 and the guidelines
contained in the Meridian Design Manual.
10. The mid-box building shall no exceed 30,400 square feet and any multi-tenant retail building shall
not exceed 15,600 square feet as proposed. The maximum height of any commercial building on the
site shall not exceed 35 feet consistent with the surrounding residential district.
11. A central plaza shall be located on Lot 1, Block 1 as depicted on the concept plan.
12. Any future drive-through use located within 300 feet of a residential district or another drive-
through establishment on this site shall obtain CUP approval.
The applicant is proposing to amend DA provision #6 above that ties the development to a specific
concept plan approved with the recorded development agreement (Instrument #114014784). The
previous concept plan depicted five (5) commercial building pad sites, totaling 74,650 square feet of
retail space.
Now, the applicant is proposing to incorporate a second concept plan into the recorded development
agreement that depicts a proposed multi-family development consisting of seven (7) buildings; a
clubhouse and six (6) multi-family structures on Lot 2, Block 1 of Knighthill Center Subdivision. The
developer believes having two (2) concept plans allows him greater flexibility to meet current market
trends.
Staff is supportive of the applicant’s request as the subject property is designated Mixed-use
Community on the Comprehensive Plan which encourages a residential component and residential
densities between 6 and 15 dwelling units to the acre.
NOTE: The proposed multi-family development is conceptual in nature and will be evaluated with a
future conditional use permit application.
With the addition of the second concept plan, Staff is also recommending certain other provisions
in section 5 to be modified and new DA provisions are included in the amended DA as follows:
1. Modify Provision 5.1.6: That development of the property shall comply substantially with the two
(2) conceptual plans attached in Exhibit A. Lot 2, Block 1 may develop with either the commercial
building or the multi-family development as proposed.
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2. Modify Provision 5.1.9: Future development of the commercial lots shall substantially comply with
the commercial and residential elevations in Exhibit A of the original staff report, the design
standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
3. Add new DA Provision 5.1.13: Any future multi-family use on the site must obtain approval of a
conditional use permit and comply with the specific use standards set forth in UDC 11-4-3-27.
Staff recommends approval of the MDA as requested by the applicant and as recommended by Staff in
Exhibit A.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Text Changes to the Development Agreement
3. Approved Concept Plan
4. Proposed Concept Plan
5. Elevations
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Exhibit A.1: Vicinity/Zoning Map
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Exhibit A.2: Proposed Text Changes to the Development Agreement
(Staff’s recommended changes are shown in strike-out/bold/underline format)
All of the text in the agreement will remain the same except for the following sections:
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY :
5.1. Owner/Developer shall develop the Property in accordance with the following special
conditions:
5.1.1 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.
5.1.2 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
5.1.3 That the applicant be responsible for all costs associated with the sewer and water
service extension.
5.1.4 That an existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per Caty 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.
5.1.5 That prior to issuance of any building permit, the subject property shall be subdivided
in accordance with the City of Meridian Unified Development Code
5.1.6 That development of the property shall comply substantially with the two (2)
conceptual plans attached in Exhibit A. Lot 2, Block 1 may develop with either the
commercial building or the multi-family development as proposed.
5.1.7 That the applicant shall provide signage which indicates that there is an exit towards
W. Everest Lane.
5.1.8 That the applicant shall provide evidence of a recorded cross access easement with the
development to the west for access to W. Everest Lane, which is a private street.
5.1.9 Future development of the commercial lots shall substantially comply with the
commercial and residential elevations in Exhibit A of the original staff report, the
design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian
Design Manual.
5.1.10 The mid-box building shall not exceed 30,400 square feet and any multi-tenant retail
building shall not exceed 15,000 square feet as proposed. The maximum height of any
commercial building on the site shall not exceed 35 feet consistent with the
surrounding residential district.
5.1.11 A central plaza shall be located on Lot 1, Block 1 as depicted on the concept plan.
5.1.12 Any future drive-through use located within 300 feet of residential district or another
drive-through establishment on this site shall obtain CUP approval.
5.1.13 Any future multi-family use on the site must obtain approval of a conditional use
permit and comply with the specific use standards set forth in UDC 11-4-3-27.
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3. Approved Concept Plan
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4. Proposed Concept Plan
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5. Elevations
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