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:
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Clerk
Mayor Tam6p4e Weerd
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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