Rackham Subdivision MDA H-2019-0005CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0005 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a New Development Agreement to Include a Conceptual
Development Plan and Development Provisions for Rackham Subdivision, by BVA Development.
Case No(s). H-2019-0005
For the City Council Hearing Date of: March 5, 2019 (Findings on March 19, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 5, 2019, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of March 5, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 5, 2019,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of March 5, 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.
Meridian City Council Meeting Agenda March 19, 2019 – Page 232 of 652
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0005 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 5, 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 new Development Agreement is hereby approved per the conditions
of approval in the Staff Report for the hearing date of March 5, 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 March 5, 2019
Meridian City Council Meeting Agenda March 19, 2019 – Page 233 of 652
By action of the City Council at its regular meeting held on the I q * day of r ,
2019.
COUNCIL PRESIDENT JOE BORTON VOTED
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED \
COUNCIL MEMBER TY PALMER VOTED 4
COUNCIL MEMBER TREG BERNT VOTED 104
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Attest:
C.J y oles
Ci lerk
Mayor Tam e Weerd
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: CYUAIZ)ikwu� Dated:
City Clerk's Office
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0005 -3 -
EXHIBIT A
Page 1
HEARING
DATE:
3/5/2019
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
SUBJECT: H-2019-0005
Rackham Subdivision
LOCATION: 1020 S. Eagle Rd.
(SW ¼ of Section 16, T.3N., R.1E.)
I. PROJECT DESCRIPTION
Request for a new Development Agreement to include a conceptual development plan and
development provisions for the overall site.
II. SUMMARY OF REPORT
A. Project Summary
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details Page
Acreage 51.59
Future Land Use Designation Mixed-Use Regional (MU-R)
Existing Land Use Vacant/undeveloped land (formerly used for corn maze)
Proposed Land Use(s) Commercial, office, outdoor entertainment facility
Current Zoning C-G
Proposed Zoning NA
Neighborhood meeting date; # of
attendees:
10/30/2018; 13 attendees
History (previous approvals) Annexed in 1995 (Ord. #719, Langly/Power Mall); the
annexation included the subject property as well as the
property to the south. A Development Agreement (DA) was
required as a provision of annexation to be entered into prior
to the preliminary plat being approved & required all of the
property to develop as a commercial planned development (a
preliminary plat was never submitted and a DA was never
recorded); a conditional use permit/planned development was
also approved for a 700,000 square foot retail center that has
since expired.
Meridian City Council Meeting Agenda March 19, 2019 – Page 235 of 652
Page 2
III. APPLICANT INFORMATION
A. Applicant:
BVA Development – 2775 W. Navigator Dr. 4th Floor, Meridian, ID 83642
B. Owner:
Idaho Central Credit Union/BVA Development – 2775 W. Navigator Dr. 4th Floor, Meridian, ID
83642
C. Representative:
Geoffrey M. Wardle, Spink Butler, LLP – 251 E. Front St., #200, Boise, ID 83702
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
Meridian City Council Meeting Agenda March 19, 2019 – Page 236 of 652
Page 3
IV. NOTICING
City Council
Posting Date
Legal notice published in
newspaper 2/15/2019
Radius notice mailed to
properties within 300 feet 2/12/2019
Public hearing notice sign posted 2/21/2019
Nextdoor posting 2/12/2019
V. STAFF ANALYSIS
This property along with the property to the south was annexed into the City in 1995 with a C-G
zoning district; and a conditional use permit/planned development application was approved for a
700,000 square foot retail center as shown on the conceptual development plan below.
Meridian City Council Meeting Agenda March 19, 2019 – Page 237 of 652
Page 4
The conditional use permit/planned development has since expired. As a condition of annexation, the
Applicant was required to enter into a Development Agreement (DA) prior to submittal of a
preliminary plat application that includes the provisions in the Annexation Ordinance and the
Findings of Fact and Conclusions of Law. However, because annexations cannot be conditioned and
the property was annexed without a DA, the City Attorney has deemed compliance with the
provisions of the annexation are not required and the current C-G zoning governs future development
of the site.
The Applicant proposes a new DA for the property boundary described in Section VII.A with a
conceptual development plan, included in Section VII.B; proposed development provisions are
included in Section VII.C. Staff has requested the Applicant submit a phasing plan and
pedestrian circulation plan for review prior to the City Council hearing for inclusion in the DA.
A mix of uses are proposed to develop on the site including office, medical, hotel, retail and outdoor
recreation facility uses with future multi-family/commercial/office uses. Two (2) 125,000 square foot
buildings are proposed along the northern boundary of the site adjacent to I-84, one of which is for
Idaho Central Credit Union – construction for both structures is intended to be commenced in the next
several months. An outdoor entertainment facility is proposed at the northeast corner of the site with a
hotel directly to the south. Future multi-family/commercial/office uses are depicted at the southeast
corner of the site. Office, retail and medical uses are anticipated to develop on the remainder of the
site. Future development of this site should be generally consistent with this plan.
A. Future Land Use Map Designation (Comp Plan) (Pgs. 30-31)
Mixed-Use Regional (MU-R)
B. Existing Structures/Site Improvements:
There are no existing structures or improvements on this site.
C. Proposed Use Analysis:
Allowed uses in the C-G district are listed in UDC Table 11-2B-2. Office, retail, healthcare/social
service, outdoor recreation facility uses are principally permitted in the C-G district; multi-family
developments require conditional use approval and are required to comply with the specific use
standards listed in UDC 11-4-3-27. Specific use standards are applicable to the following uses:
“Hotels (UDC 11-4-3-23):
A. Accessory uses including, but not limited to, restaurants, retail, drinking establishments, and
personal services, may be allowed if such uses are completely within the hotel or motel
structure. A drinking establishment shall require separate or concurrent approval subject to
the regulations of section 11-4-3-10 of this chapter.
B. A conditional use permit shall be required for any hotel or motel use that adjoins a
residential district or an existing residence.
Outdoor entertainment/recreation facility (UDC 11-4-3-2)
A. General Standards:
1. All outdoor recreation areas and structures that are not fully enclosed shall
maintain a minimum setback of one hundred feet (100') from any abutting
residential districts. The playing areas of golf courses, including golf tees, fairways, and
greens, are an exception to this standard.
Meridian City Council Meeting Agenda March 19, 2019 – Page 238 of 652
Page 5
2. No outdoor event or activity center shall be located within fifty feet (50') of any property
line and shall operate only between the hours of six o'clock (6:00) A.M. and eleven
o'clock (11:00) P.M.
3. Accessory uses including, but not limited to, retail, equipment rental, restaurant and
drinking establishments, may be allowed if designed to serve patrons of the use only.
4. Outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker
Systems", of this title.
B. Additional Standards for Swimming Pools: Any outdoor swimming pool shall be completely
enclosed within a six foot (6') non-scalable fence that meets the requirements of the building
code in accord with title 10, chapter 1, of this code.
C. Additional Standards for Outdoor Stage or Musical Venue: Any use with a capacity of one
hundred (100) seats or more or within one thousand feet (1,000') of a residence or a
residential district shall be subject to approval of a conditional use permit. (Ord. 05-1170, 8-
30-2005, eff. 9-15-2005)
Outdoor Speaker Systems (UDC 11-3A-13):
Any outdoor speaker system associated with the use shall be located a minimum of one
hundred feet (100') from all residential districts. No outdoor speaker systems shall be allowed
within a residential district. These standards may be waived through approval of a conditional use
permit.”
D. Dimensional Standards:
Future development should be consistent with the dimensional standards for the C-G district
listed in UDC Table 11-2B-3 as follows:
E. Access:
Access to the site is provided via S. Silverstone Way at the south boundary of the site and via S.
Rackham Way at the southwest corner of the site. A roundabout is proposed at the terminus of
Silverstone Way and a shared access driveway is proposed between the subject property and the
Meridian City Council Meeting Agenda March 19, 2019 – Page 239 of 652
Page 6
property to the south, which will provide an east/west vehicular connection to the public streets
(i.e. Silverstone & Rackham). Staff recommends a cross-access easement and maintenance
agreement is entered into between the subject property owner and the property owner to
the south for shared access and maintenance of the driveway.
F. Pedestrian Pathways/Walkways:
Pedestrian connections are depicted on the concept plan between the buildings on the site and
along the northern boundary of the site within the buffer along I-84 to be further refined in the
future. Pedestrian walkways should be provided within parking areas to all building entrances for
safety.
Staff recommends a continuous pedestrian walkway network that is a minimum of 5-feet in
width is provided internally within the site from the sidewalks along S. Silverstone Way and
Rackham Way along the main drive aisles within the development and within the street
buffer along I-84 to the main building entrances; and for drive aisle lengths greater than
150 parking spaces or 200’ away from the primary building entrances – internal pedestrian
walkways should be distinguished from the vehicular driving surfaces through the use of
pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed DA as set forth in the exhibits in Section VII.
B. City Council:
The Meridian City Council heard these items on March 5, 2019. At the public hearing, the
Council approved the subject MDA request.
a. Summary of City Council Public Hearing:
i. In favor: Geoffrey Wardle, Spink-Butler
ii. In opposition: None
iii. Commenting: Jim Rogers, John Fitzgerald, Amanda Haven, Carol Holaday
iv. Written testimony: James Rogers
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. The Findings from the original annexation application are still applicable and
Developer should be held to the terms of that approval which included a
requirement for a 35’ wide landscape buffer to be provided to residential uses – the
height of which should be sufficient to preclude vehicle lights from shining directly
into adjacent homes;
ii. Concern regarding storm water runoff from this site impacting the shallow
groundwater aquifer and request for a hydrology study to be performed;
iii. Concern pertaining to the high level of traffic and noise the proposed development
will generate;
iv. The location of the emergency access driveway to the site.
c. Key Issues of Discussion by Council:
i. None
d. Key Council Changes to Staff/Commission Recommendation
i. None (The Mayor asked the Applicant’s Representative, Geoffrey Wardle, to meet with
Mr. Fitzgerald, Mr. Rogers and Ms. Haven to follow-up on their concerns stated at the
hearing.)
Meridian City Council Meeting Agenda March 19, 2019 – Page 240 of 652
Page 7
VII. EXHIBITS
A. Legal Description
Meridian City Council Meeting Agenda March 19, 2019 – Page 241 of 652
Page 8
Meridian City Council Meeting Agenda March 19, 2019 – Page 242 of 652
Page 9
B. Conceptual Development Plan and Phasing Plan
Phasing Plan for Rackham Subdivision/Eagle View Landing
The following description sets forth the phasing of the various elements for Rackham Subdivision/Eagle
View Landing. Each phase will satisfy the requirements of the Meridian UDC when it is constructed.
Due to the significant amount of perimeter frontage of the Property, we are proposing phased
completion of the buffer areas and perimeter improvements corresponding to each phase when that
phase is undertaken. It is the Applicant’s intention to make the CZC, Design Review and Building Permit
submittals for Phase 1 immediately upon approval of the Development Agreement, and then shortly
thereafter on Phase 1A. The Phase 2 elements will follow, although the actual order of development
within Phase 2 will depend upon the requirements of its users and tenants. Phase 3 will commence
once the anchor medical users are committed and may proceed contemporaneously with elements of
Phase 2. Phase 4 will be included and addressed in future supplemental applications addressing the
elements of the seven acre parcel. We believe that this phasing plan will permit the Applicant to
undertake development activities for various elements of the project in a sequential manner that will
provide construction efficiencies and which will permit the sequential opening of various elements.
Phase 1 and 1A development would be contemplated to commence in the Summer of 2019 and other
phases to follow thereafter.
Phase 1 – ICCU Building – initial office building
Entrance drive improvements
Buffer and improvements on parcel adjacent to Interstate
Meridian City Council Meeting Agenda March 19, 2019 – Page 243 of 652
Page 10
Phase 1A – East Building – second office building
Will be commenced after Phase 1 begins
Buffer and improvements on parcel adjacent to Interstate
Required improvements to shared access drive between Rackham and Silverstone
Phase 2 – Retail, Entertainment, and Hospitality Elements (actual order of elements to be determined)
Phase 2A – Commercial and retail elements east and west of entrance drive
Buffer along southern boundary of Phases to be improved
Phase 2B – Outdoor entertainment entity
Buffer and improvements on parcel adjacent to Interstate
Improvements along eastern boundary of Phase adjacent to property to east
Phase 2C – Hospitality element
Buffer along southern boundary of Phases to be improved
Phase 3 – Medical Office and Office
Buffer and improvements on parcel adjacent to Interstate
Phase 4 – Future Multifamily/Commercial/Office Use parcel
Improvements along eastern and southern boundary will be constructed adjacent to property to
east and south when Phase is developed
Meridian City Council Meeting Agenda March 19, 2019 – Page 244 of 652
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C. Proposed Development Agreement Provisions
Note: The Applicant’s proposed provisions are noted in normal text; Staff’s recommended
additional provisions are noted in italic text.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are those uses allowed under the
UDC, within the C-G district from time to time as permitted, accessory or
conditional uses.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
CONDITIONS COVERING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. In recognition of the existing development rights associated with the Property
under the UDC, and the proposed scope of the initial phase of the Owner’s
corporate center consisting of the two commercial office buildings located on the
northern boundary of the Property, the Owner and Developer have been permitted
to submit and to obtain design review approvals for those two buildings,
certificates of zoning compliance for those two buildings, and building permits for
those two buildings, prior to the approval of the subdivision plat for the Property,
consistent with the Findings, attached as Exhibit “B” and the concept plan attached
as Exhibit “C”.
5.2. No other building permits for individual buildings will be available on the Property
until the subdivision plat is recorded. Upon the recording of a subdivision plat,
additional building permits shall be available consistent with the UDC.
5.3. The Owner and Developer shall develop the Property in accordance with the
conditions of approval contained in Findings attached as Exhibit “B”.
5.4. The developer shall enter into a cross-access easement and maintenance agreement
with the abutting property owner to the south for the east/west shared driveway
adjacent to the southern boundary of the site. A recorded copy of the easement
agreement shall be submitted to the Planning Division prior to issuance of the first
Certificate of Occupancy for the development.
5.5. A continuous pedestrian walkway network that is a minimum of 5-feet in width
shall be provided internally within the site from the sidewalks along S. Silverstone
Way and Rackham Way along the main drive aisles within the development and
within the street buffer along I-84 to the main building entrances consistent with
the pedestrian circulation plan in Section VII.D; and for drive aisle lengths greater
than 150 parking spaces or 200’ away from the primary building entrances –
internal pedestrian walkways should be distinguished from the vehicular driving
surfaces through the use of pavers, colored or scored concrete, or bricks as set forth
in UDC 11-3A-19B.4.
5.6. Future development of the site shall be consistent with the structure and design
standards listed in UDC 11-3A-19 and the design standards in the Architectural
Standards Manual.
Meridian City Council Meeting Agenda March 19, 2019 – Page 245 of 652
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D. Pedestrian Circulation Plan
Meridian City Council Meeting Agenda March 19, 2019 – Page 246 of 652
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. Department of Environmental Quality (DEQ)
http://weblink.meridiancity.org/weblink8/0/doc/161582/Page1.aspx
B. Nampa & Meridian Irrigation District (NMID)
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=161754
C. New York Irrigation District (NYID)
http://weblink.meridiancity.org/weblink8/0/doc/161153/Page1.aspx
D. Police Department
http://weblink.meridiancity.org/weblink8/0/doc/161439/Page1.aspx
Meridian City Council Meeting Agenda March 19, 2019 – Page 247 of 652