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Eagle Commons At Overland MDA H-2019-0016CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0016 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Development Agreement Modification to Update the Development Plan for the Site and Associated Provisions, by James A. Kissler. Case No(s). H-2019-0016 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 219 of 652 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0016 - 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 modification to the 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 220 of 652 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) Attest: ay Coles Clerk Mayor Tam6p4e Weerd EO q�jl►vof 0 I W . E �4i L� SEA day of M aTCV) VOTED l VOTED A VOTED VOTED �le� VOTED /L4 VOTED VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: cpadm Dated: 3-19-,9,019 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0016 -3 - EXHIBIT A Page 1 HEARING DATE: 3/5/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: H-2019-0016 Eagle Commons at Overland LOCATION: Generally located off the northeast corner of S. Eagle Rd. and E. Overland Rd. I. PROJECT DESCRIPTION Request for a modification to the existing Development Agreement (Inst. #2016-106278) to update the development plan for the site and associated provisions. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 18.03 Future Land Use Designation Mixed-Use Regional (MU-R) Existing Land Use Office/retail/warehouse (Norco); vacant/undeveloped land Proposed Land Use(s) Office/retail, hotel, self-service storage Current Zoning C-G Proposed Zoning NA Neighborhood meeting date; # of attendees: 1/16/2019; 2 attendees History (previous approvals) Annexed in 1995 (Ord. #719, Langly/Power Mall); PBA- 14-008; H-2015-0024 (DA #2016-106278); H-2017-0061 (SHP); H-2017-0062 (SHP); H-2017-0063 (SHP); A-2018- 0316 (PBA) Meridian City Council Meeting Agenda March 19, 2019 – Page 222 of 652 Page 2 B. Project Area Maps III. APPLICANT INFORMATION A. Applicant: James A. Kissler, LLC – 1125 W. Amity Rd., Boise, ID 83705 B. Owner: Same as Applicant C. Representative: Jeff Huber, White-Leasure Development Company – 8385 W. Emerald St., Boise, ID 83704 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda March 19, 2019 – Page 223 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 2/19/2019 Nextdoor posting 2/12/2019 V. STAFF ANALYSIS The current Development Agreement (DA) anticipates development of an 86,000 square foot (s.f.) 2- story office/retail building, an 85,000 – 95,000 s.f. single-story commercial/retail store and a single pad site (see Section VII.A). The proposed plan depicts (5) commercial building pads, the existing Norco building and associated parking. The Applicant has submitted (2) options for a modification to the existing DA as follows: 1) eliminate the DA in its entirety and let zoning dictate the future uses and development of the property; or 2) update the DA to reflect the current development plan and strike the provision (#5.1l) pertaining to the restriction on business hours of operation for uses abutting a residential district and replacement of the word “substantial” in favor of “general” in relation to future development being in compliance with the approved conceptual development plan. See Applicant’s narrative in application for more information on request and Section VII.C of this report for proposed/recommended DA provisions. Staff recommends this site remain under a DA but is amenable to the requested changes. Staff recommends additional modifications to the DA as noted in Section VII.C due to completion of several of the existing provisions. A. Allowed Use(s): UDC Table 11-2B-3 lists the allowed uses in the C-G district. B. Dimensional Standards (UDC 11-2): Future development is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G district as follows: Meridian City Council Meeting Agenda March 19, 2019 – Page 224 of 652 Page 4 VI. DECISION A. Staff: Staff recommends approval of the proposed MDA application per the exhibits in Section VII.B and C. 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: Jeff Huber ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. Discuss regarding substantial compliance vs. general compliance. d. Key Council Changes to Staff/Commission Recommendation i. Modify DA provision #5.1a to reflect the original language (i.e. “substantial” compliance) of the DA. Meridian City Council Meeting Agenda March 19, 2019 – Page 225 of 652 Page 5 VII. EXHIBITS A. A. Existing Conceptual Development Plan (dated: December 11, 2015) Meridian City Council Meeting Agenda March 19, 2019 – Page 226 of 652 Page 6 B. Proposed Conceptual Development Plan (date: 2/25/2019) C. Applicant Proposed & Staff Recommended Amendments to Existing Development Agreement provisions (Inst. #2016-106278) Staff’s comments are included in italics. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. The subject property shall develop in substantial general compliance with the conceptual development plan included in Exhibit A.4 of the Staff Report attached as a portion of the Findings of Fact and Conclusions of Law (Exhibit “B”) and the provisions in this agreement. Change per Applicant’s request. b. 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 10-foot wide street buffer is required along the future local commercial street (Silverstone Way) and a 10-foot wide street buffer is required to be constructed along S. Rackham Way, a local street, per UDC Table 11-2B- Meridian City Council Meeting Agenda March 19, 2019 – Page 227 of 652 Page 7 3 and shall be landscaped in accord with the standards listed in UDC 11-3B-7C.; If Rackham Way is vacated in the future, a street buffer is not required. The street buffer along Overland Rd. and Silverstone Way has been constructed; the buffer along Rackham Way is a standard UDC requirement and doesn’t need to be included in the DA. c. A 25-foot wide landscape buffer shall be provided along the east boundary of the site abutting 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, unless such width is otherwise modified by City Council at a public hearing with notice to surrounding property owners per UDC 11-3B-9C.2. This buffer has been constructed. d. A 10-foot wide multi-use pathway shall be constructed along the north side of the Five Mile 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 Silverstone Way to E. Overland Rd. This segment of the pathway, if constructed of concrete within the right-of-way, may be attached to the curb and will be maintained by ACHD. Landscaping is required to be installed on each side of the pathway along the creek 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 along the creek with the first phase of development. The pathway connection to the south to Overland Rd. has been constructed. e. 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. f. Minimum five-foot wide pedestrian walkways shall be provided internally within the site from the multi-use pathway connecting to the sidewalks along E. Overland Road and S. Rackham Way to the main building entrances with each phase of development; 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-19AB.4a. g. The Five Mile 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-6B. h. Prior to issuance of any permits for the development of the second phase (depicted on the concept plan as Lot 1, Major A), the applicant shall subdivide the property and comply with ACHD requirements for the extension of Silverstone Way. The property has been subdivided and Silverstone Way has been extended to the north boundary of the site. i. A cross-access/ingress-egress easement shall be provided to the property to the east (Zamzow’s, parcel #R4626240051, where the driveway stub is currently located) or, right- of-way for Silverstone Way may be dedicated where the driveway stub is located. Either an access easement shall be recorded and a copy submitted to the City; or, right-of-way shall be dedicated prior to issuance of Certificate of Occupancy for Norco. Right-of-way has been dedicated to ACHD adjacent to the Zamzow’s parcel which satisfies this requirement and the driveway has been constructed. j. 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). Meridian City Council Meeting Agenda March 19, 2019 – Page 228 of 652 Page 8 k. 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 the portion of the site depicted on the concept plan as Lot 3 develops. Once said portion is developed one (preferably the southern access) of the emergency accesses shall be converted to a public street access. This provision no longer applies. l. 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. The hours of operation for the Norco site are restricted per this standard as residential uses abut that site; the remainder of the site does not abut residential uses. m. 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. n. 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. o. With the first phase of development (Norco, depicted on the concept plan as Lot 2), the developer shall construct S. Silverstone Way north from E. Overland Road as a local commercial street with a minimum 40 feet of pavement with 3 foot gravel shoulders within a minimum 60 foot right-of-way for approximately 100 feet, then tapering to a minimum 30 feet of pavement with 3 foot gravel shoulders within a minimum 50 foot right-of-way to just north of the creek. These improvements shall be complete prior to issuance of the first Certificate of Occupancy. These improvements have been completed. p. 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 subdivision of the property, unless S. Rackham Way is vacated. q. The developer shall construct a 6-foot tall fence/wall along the east boundary of the site adjacent to residential uses with the first phase of development; a fence shall not be constructed in the floodway in accord with FEMA regulations. The fence has been constructed. r. 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. The property boundary adjustment was finalized and the property has since been subdivided. s. 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.meridiancity.org/public_works.aspx?id=272 t. 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. Meridian City Council Meeting Agenda March 19, 2019 – Page 229 of 652 Page 9 u. Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. The applicant may be eligible for reimbursement of costs associated with upsizing the sewer and water mains per MCC 8-6- 5. v. Water modeling will be required prior to development plan submittal to determine the timing of completing the water main loop through the property f rom 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. x. 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, 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 sealed, 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. y. The developer shall enter into a cross-access easement and maintenance agreement with the abutting property owner to the north for the east/west shared driveway adjacent the northern 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. Staff recommends this provision is added based on the addition of the shared access driveway with the Rackham property on the north boundary. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. Nampa & Meridian Irrigation District (NMID) http://weblink.meridiancity.org/weblink8/0/doc/161760/Page1.aspx B. Police Department http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=161438&dbid=0 Meridian City Council Meeting Agenda March 19, 2019 – Page 230 of 652