Rackham Subdivision MDA H-2019-0081CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0081 - 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 Conceptual
Development Plan and Phasing Plan and Amend Certain Provisions of the Agreement, by BVABC
Eagle View, LLC.
Case No(s). H-2019-0081
For the City Council Hearing Date of: August 13, 2019 (Findings on August 27, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 13, 2019, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of August 13, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 13,
2019, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 13, 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 August 27, 2019 – Page 92 of 403
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-0081 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of August 13, 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 a modification to the Development Agreement is hereby approved
per the provisions in the Staff Report for the hearing date of August 13, 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 August 13, 2019
Meridian City Council Meeting Agenda August 27, 2019 – Page 93 of 403
By action of the City Council at its regular meeting held on the 1294" day of INMI14,
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)
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City Cler
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Dated: / x q
C1 Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2019-00814G�ha� -3 -
EXHIBIT A
Page 1
HEARING
DATE:
8/13/2019
TO: Mayor & City Council
FROM: Sonya Allen, Associate Planner
208-884-5533
SUBJECT: H-2019-0081
Rackham Subdivision
LOCATION: 1020 S. Eagle Rd.
(SW ¼ of Section 16, T.3N., R.1E.)
I. PROJECT DESCRIPTION
Request to modify the existing Development Agreement (Inst. #2019-037825) to update the phasing
plan depicted on the conceptual development plan for the site and amend certain provisions in the
agreement.
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
Proposed Land Use(s) Commercial, office, outdoor entertainment facility, multi-
family residential
Current Zoning C-G
Proposed Zoning NA
Neighborhood meeting date; # of
attendees:
6/14/2019; 7 attendees
History (previous approvals) Annexed in 1995 (Ord. 719, Langley/Power Mall); H-2018-
0126 (PP); H-2019-0005 (MDA - DA Inst. #2019-037825)
Meridian City Council Meeting Agenda August 27, 2019 – Page 95 of 403
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B. Project Area Maps
III. APPLICANT INFORMATION
A. Applicant:
BVABC Eagle View, LLC – 2775 W. Navigator Dr., Ste. 220, Meridian, ID 83642
B. Owner:
Same as Applicant
C. Representative:
Geoff M. Wardle, Clark Wardle – 251 E. Front St., #200, Boise, ID 83702
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
Meridian City Council Meeting Agenda August 27, 2019 – Page 96 of 403
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IV. NOTICING
City Council
Posting Date
Newspaper Notification 7/26/2019
Radius notification mailed to
properties within 300 feet 7/23/2019
Radius notification published on 8/2/2019
Nextdoor posting 7/23/2019
V. STAFF ANALYSIS
The Applicant proposes to amend the recently approved Development Agreement (Inst. 2019-
037825) for this property to update the phasing plan depicted on the conceptual development plan and
amend certain provisions of the agreement. The proposed phasing plan is consistent with that recently
approved with the preliminary plat.
The Applicant’s proposed changes to the DA are included in the application documents; the specific
provisions and requested amendments are included in Sections VII.C and D. Note: The format of the
changes as proposed by the Applicant in the application differ slightly from that shown in Section
VII.C; the City Attorney’s office will determine how to format the changes in the amended agreement.
The amendment is necessary because the existing plan depicts a phasing plan that is no longer
feasible for the Applicant. Because a phasing plan was approved with the preliminary plat, Staff is of
the opinion it isn’t necessary to also include a phasing plan in the DA. Therefore, Staff recommends
the phasing plan is removed from the conceptual development plan included in the DA and phasing of
the project occur consistent with that approved with the plat. This will assist in avoiding future
amendments to the DA for phasing reasons. Accordingly, Staff has included recommended
amendments to the provisions in the DA in Sections VII.C and D.
VI. DECISION
A. Staff:
Staff recommends approval of an amendment to the DA as recommended by Staff in
Sections VII.C and D per the analysis above.
B. The Meridian City Council heard these items on August 13, 2019. At the public hearing, the
Council moved to approve the subject MDA request.
1. Summary of the City Council public hearing:
a. In favor: Geoffrey Wardle, Applicant’s Representative
b. In opposition: None
c. Commenting: None
d. Written testimony: Geoffrey Wardle, Applicant’s Representative (in agreement with
staff report)
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. None
3. Key issue(s) of discussion by City Council:
a. None
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4. City Council change(s) to Commission recommendation:
a. None
VII. EXHIBITS
A. Legal Description
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B. Existing Conceptual Development Plan & 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
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)
Meridian City Council Meeting Agenda August 27, 2019 – Page 100 of 403
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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 August 27, 2019 – Page 101 of 403
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C. Applicant Proposed/Staff Recommended Revisions to Development Agreement
Note: The Applicant’s proposed revisions are noted in strike-out/underline text; Staff’s
recommended change in red/bold/underline 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 Developer/
Owner’s corporate center consisting of the two commercial office buildings
located on the northern boundary intention to initially retain control of the
Property, the by undertaking development via ground leases or other financial
arrangements where the Developer/Owner and Developer have been retains
ownership and control over the Property fee, development efficiencies from
phasing project elements in a flexible manner, and the requirements associated
with extending required throughout the Property to serve all project elements, the
Developer/Owner, shall be permitted to submit and to obtain design review
approvals for those two buildings approval, 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 any element of the project whether
for infrastructure or for any buildings or for any other improvements that are
contained within Phase 1 or Phase 2 (specifically any portion of Phase 2 designated
as a subphase) as depicted on the attached Amended Conceptual Development and
Phasing Plan for Rackham Subdivision/Eagle View Landing, consistent with the
Findings, attached as Exhibit “B” and the concept plan attached Amended
Conceptual Development and Phasing Plan for Rackham Subdivision/Eagle View
Landing as Exhibit “C”.
Staff’s recommended amendment (in lieu of that proposed by the Applicant):
In recognition of the existing development rights associated with the Property
under the UDC, and the proposed scope of the initial phase of the Developer/
Owner’s corporate center consisting of the two commercial office buildings
located on the northern boundary of the Property, the Developer/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”. Future development of the
subject property shall be generally consistent with the amended conceptual
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development plan attached as Exhibit C and conditions of approval associated
with the preliminary plat (H-2018-0126).
5.2. No Developer/Owner shall diligently proceed with its application for a preliminary
plat for Rackham Subdivision. Developer/Owner shall undertake extension of
utilities and other building permits for individual buildings will be available on
infrastructure as required under the UDC. Developer/Owner shall not sell any
portion of the Property until the subdivision plat Plat for Rackham Subdivision is
recorded. Upon Prior to the recording of a subdivision plat, additional the Plat for
Rackham Subdivision, however, Developer/Owner may obtain building permits
shall be available consistent with the UDC Section 5.1 above.
Staff’s recommended amendment (in lieu of that proposed by the Applicant):
No Developer/Owner shall diligently proceed with its application for
subdivision plat(s) for Rackham Subdivision. Developer/Owner shall
undertake extension of utilities and other building permits for individual
buildings will be available on infrastructure as required under the UDC.
Developer/Owner shall not sell any portion of the Property until the
subdivision plat for Rackham Subdivision is recorded. Upon Prior to the
recording of a subdivision plat, additional the Plat for Rackham Subdivision,
however, Developer/Owner may obtain 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; 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 August 27, 2019 – Page 103 of 403
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D. Applicant Proposed Revised Conceptual Development Plan/ Phasing Plan vs. Staff
Recommended Revised Conceptual Development Plan (without Phasing Plan)
Applicant Proposed:
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Staff Recommended (concept plan only - no phasing plan):
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. Idaho Transportation Department (ITD)
http://weblink.meridiancity.org/weblink8/0/doc/175333/Page1.aspx
B. Nampa & Meridian Irrigation District (NMID)
http://weblink.meridiancity.org/weblink8/0/doc/174885/Page1.aspx
C. New York Irrigation District (NYID)
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=174549
D. Fire Department
http://weblink.meridiancity.org/weblink8/0/doc/174597/Page1.aspx
http://weblink.meridiancity.org/weblink8/0/doc/174591/Page1.aspx
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