CC - Staff Report
TM Crossing – MDA H-2016-0054 1
STAFF REPORT
HEARING DATE: June 7, 2016
TO: Mayor & City Council
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: TM Crossing – MDA H-2016-0054
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, SCS Brighton, LLC, requests a modification to the existing development agreement (MDA)
(Instrument #114002254) to include a detailed site plan for Phase I and allowance for up to three (3)
building permits to be issued prior to recordation of the final plat. 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-2016-0054 as
presented in the staff report for the hearing date of June 7, 2016, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny H-2016-0054 as presented during
the hearing on June 7, 2016, for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2016-0054 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 site is generally located at the northeast corner of Interstate 84 and S. Ten Mile Road, in the
southwest ¼ of Section 14, Township 3N., Range 1W.
B. Owner:
SCS Brighton, LLC
12601 W. Explorer Drive, Ste. 200
Boise, ID 83713
C. Applicant:
Same as Owner
D. Representative:
Michael D. Wardle, Brighton Corporation
12601 W. Explorer Drive, Ste. 200
TM Crossing – MDA H-2016-0054 2
Boise, ID 83713
E. 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.
B. Newspaper notifications published on: May 16 and 30, 2016
C. Radius notices mailed to properties within 300 feet on: May 12, 2016
D. Applicant posted notice on site by: May 23, 2016
VI. LAND USE
A. Existing Land Use(s): This property consists of vacant/undeveloped land that has been conceptually
approved for a mix of commercial uses.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Agricultural/undeveloped land, zoned C-G
West: S. Ten Mile Road and agricultural land, zoned H-E and C-C
South: Interstate 84, vacant/undeveloped land, zoned M-E and RUT in Ada County
East: Single-family residential properties, zoned R1 in Ada County
C. History of Previous Actions:
In 2012, a Comprehensive Plan Map Amendment (CPAM-12-001) was approved that changed the
future land use map (FLUM) designation on this property from Lifestyle Center (LC), Medium
High-Density Residential (MHDR), and High Density Employment (HDE) to Commercial.
Annexation and zoning (AZ-12-005, Ord. #14-1588) of 89.22 acres of land with C-G zoning and a
development agreement (#114002254); and Preliminary Plat (PP-12-003) was approved
concurrently for 50 commercial building lots and 4 common/other lots on 75.5 acres of land for TM
Crossing Subdivision.
In 2014, a 2 year time extension (TED-14-001) was approved by the Director to obtain the City
Engineer’s signature on the final plat, to expire on October 2, 2016. The final plat has not yet been
signed by the City Engineer or recorded.
VII. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation: The applicant requests a modification to the
existing Development Agreement (DA) (recorded as Instrument #114002254) approved with the
annexation of this property as follows:
Condition #5.1 (pg. 3) in Section 5, Conditions Governing Development of Subject Property,
requires the DA to be modified to include a more detailed development plan that is consistent with
the design elements of the Ten Mile Interchange Specific Area Plan (TMISAP) prior to submittal of
the first Certificate of Zoning Compliance for this site.
The conceptual development plan approved with the annexation included in the DA is shown in
Exhibit A.3. The applicant’s proposed plan for Phase I is included in Exhibit A.4; a detailed plan
for Phase II will be submitted at a later date. The proposed plan depicts two “fixed” professional
office building sites (depicted as shaded areas) as well as conceptual office and retail building sites.
TM Crossing – MDA H-2016-0054 3
The applicant requests that if future Certificate of Zoning Compliance (CZC) applications for the
conceptual office and retail building sites in Phase 1 are generally consistent with the proposed plan
they be approved without further modification of the DA. Staff agrees with this request.
The DA requires future development of the site to be consistent with the design elements
contained in the TMISAP, the design standards in UDC 11-3A-19, and the guidelines in the
Meridian Design Manual. There are also several minimum design elements listed in the DA
that development is required to comply with taken from the TMISAP (see Exhibit A.2).
Staff has reviewed the proposed plan for conformance with the aforementioned design
elements and found it to be in general conformance. Future development is required to
comply with these design standards and elements of the TMISAP as required in the DA.
Condition #1.7 in Section 1, Recitals, references the Findings of Fact and Conclusions of Law,
which are attached to the DA as Exhibit B.
Preliminary plat condition of approval #2.8 in the Findings requires the final plat for this
subdivision to be recorded prior to applying for building permits. The applicant would like to obtain
up to 3 building permits prior to the final plat being recorded. The applicant states that at the time
of preliminary plat approval, the property was an assembly of 3 separate parcels (S1214325415,
S1214325415, and S1214325505) which were consolidated into one parcel because they were
under single-ownership.
Because more than one building is allowed to be constructed on commercially zoned property,
subdivision of the property is not typically required in order to apply for building permits.
However, in this case, a preliminary plat condition of approval was included that required
subdivision of the property prior to applying for building permits. The reason was probably for
dedication of right-of-way which will still need to be dedicated with the final plat but does not
necessarily need to be done prior to issuance of the 3 building permits requested by the applicant.
For the above stated reasons, Staff supports the applicant’s request to obtain up to 3 building
permits prior to recordation of the plat (see proposed modification to condition #2.8 in Exhibit A.2).
Approval of a Certificate of Zoning Compliance and Design Review application will be required
for each building/site prior to application for building permits.
Staff recommends approval of the applicant’s requested modifications to the DA as shown in Exhibits
A.2 and A.4.
VIII. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Change to the Development Agreement
3. Approved Conceptual Development Plan for Phase I (dated: 8/15/12)
4. Proposed Development Plan (dated: 4/12/16)
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Exhibit A.1: Vicinity/Zoning Map
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Exhibit A.2: Proposed Changes to the Development Agreement
Page 2 of the Development Agreement:
1.7 WHEREAS, City Council, the 2nd day of October, 2012, has approved Findings of Fact and
Conclusions of Law, set forth in Exhibit “B”, which are attached hereto and by this reference
incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and
Condition #2.8 of the Findings attached to the Development Agreement as Exhibit B:
Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage
lots constructed, road base approved by the Ada County Highway District and the Final Plat for this
subdivision shall be recorded, prior to applying for the fourth (4th) building permits. Up to three (3)
building permits in Phase I are allowed to be obtained prior to recordation of the plat.
Pages 3-5:
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following special
conditions:
a. Prior to submittal of the first Certificate of Zoning Compliance for this site, the
development agreement shall be modified to include a revised conceptual development
plan that is consistent with the design elements of the Ten Mile Interchange Specific Area
Plan. The development agreement has been modified for Phase I (H-2016-0054) and will
be required to be modified again prior to development in Phase II.
b. Business hours of operation in the C-G zoning district are limited from 6:00 am to 11:00
pm when the property abuts a residential use or district, per UDC 11-2B-3A.4. Extended
hours may be requested through a conditional use permit. This restriction applies to
businesses directly adjacent to the east property boundary in Primrose Subdivision.
c. Future development of the site shall be consistent with the design elements contained in
the TMISAP, the design standards in UDC 11-3A-19, and the guidelines in the Meridian
Design Manual.
d. Public art shall be incorporated into the development at the entry of the site to create a
sense of arrival and as appropriate throughout the site, in accord with the TMISAP.
e. Prior to issuance of the first Certificate of Occupancy within the site, the developer shall
submit a surety to the City of Meridian for half (1/2) the cost of a Welcome to Meridian
sign to be placed off-site at the intersection of S. Ten Mile Road and S. Smithfield Drive
on the property to the north. The developer shall coordinate the design and location of the
sign with City Planning staff. The intent being for the property owner to the north to pay
for the remaining portion of the sign at the time of development of Parcel #S1214233665
and construct the sign at that time. If the referenced property to the north does not
TM Crossing – MDA H-2016-0054 6
develop within five (5) years or another partner doesn’t step forward to fund the sign, the
surety shall be returned to the developer and the developer shall have no further
obligation pertaining to the sign.
f. If additional right-of-way can be obtained on the property to the north (parcel
#S1214233665) for W. Smithfield Drive, the developer shall construct a minimum 8-foot
wide parkway (or 6-foot wide if root barriers are constructed) landscaped in accord with
the standards listed in UDC 11-3B-7C, along with a 5-foot wide detached sidewalk.
g. The easements for the Purdam Drain and Taylor Drain shall be vacated prior to signature
on the final plat by the City Engineer.
h. At a minimum, the following design elements from the TMISAP shall be incorporated
into the development:
Buildings at or close to the property line facing the street – main entrances/facades
should be oriented to the street;
Buildings should relate effectively to the fronting streets by aligning and being as
continuous as possible;
Buildings at street corners should “hold the corners”;
The space between a building façade and the adjacent sidewalk should be landscaped
with a combination of lawn, groundcover, shrubs, and trees;
Restaurants are encouraged to have outdoor dining; shops & stores are encouraged to
open their doors & street front windows & use clear glass that allows visual access
inwards & outwards;
Human-scale design by building entrances placed close to the street, ground floor
windows, articulated facades, appropriately scaled signs and lighting, and awnings and
other weather protection;
Provide elements that become focal points and announce special places in the Ten
Mile area (gateway & entryway corridor signs, continuous walkways, attractive
streetscape design, avoid parking in front of buildings, landscaping, etc.);
Architectural character should establish a clear sense of identity for each activity
center through an overall palette for each commercial center while maintaining a degree
of individuality for each building. The palette should address and coordinate key
elements such as materials (walls, roofs, key architectural elements), and colors, etc.;
Low-rise buildings of 2-4 stories over much of the area is recommended with
opportunities for taller buildings in a few locations;
For streets & block fronts where commercial uses and pedestrian activity are most
desired, it is recommended that sidewalks be lined with shops, restaurants, and galleries
and that buildings be designed with multiple sidewalk entries, generously-scaled display
and transom windows, pedestrian–scaled signs and banners, and awnings or canopies for
sun shading;
TM Crossing – MDA H-2016-0054 7
Signs should be designed to contribute to the overall character, identity and way
finding system. Signs should be compatible with the architecture of the buildings and
businesses they identify in colors, materials, sizes, shapes, and lighting.
Public art that contributes to the character and identity of the City should be
incorporated into the development in the design of streetscapes, plazas, public spaces
associated with buildings, etc. Art should be easily visible to the public (e.g. on the
exterior of buildings rather than in lobbies, or visible from the street or publicly
accessible open spaces rather than interior courtyards).
Four-sided architecture is important where appropriate;
Public spaces and linkages should be clearly defined.
i. All street names within the subdivision shall be approved by the Street Name Committee
(or Planning Commission, as applicable) prior to final plat approval.
j. If the property owner to the north (Parcel #S1214233665) is prepared to participate in the
dedication of right-of-way and the cost of construction on a 50/50 basis at the time of
construction, the subject property owner shall construct the roundabout at the north
boundary of the site with the first phase of development; or,
If the property owner to the north is not prepared to participate at the time of
development of the subject property, the subject property owner shall:
design the roundabout so that right-of-way boundaries are determined, but design and
construct the road without the roundabout, including interim connections to service
drives.
dedicate right-of-way on the subject property for the future roundabout and submit
funds to ACHD for the construction cost of the roundabout, less design costs, and
design and construction costs for the interim street section.
At the time the property owner to the north plats any portion of the adjacent property, that
owner would be obligated to construct a full roundabout, including modifications to any
interim access points.
TM Crossing – MDA H-2016-0054 8
Exhibit A.3: Approved Conceptual Development Plan (dated: 8/15/12)
TM Crossing – MDA H-2016-0054 9
Exhibit A.4: Proposed Development Plan for Phase I (dated: 4/12/16)