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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) Zbe City Cler VOTED VOTED A, V OTED_Apo VOTED V OTED VOTED VOTED COunG l mid&* 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 Page 2 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 Page 3 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 Meridian City Council Meeting Agenda August 27, 2019 – Page 97 of 403 Page 4 4. City Council change(s) to Commission recommendation: a. None VII. EXHIBITS A. Legal Description Meridian City Council Meeting Agenda August 27, 2019 – Page 98 of 403 Page 5 Meridian City Council Meeting Agenda August 27, 2019 – Page 99 of 403 Page 6 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 Page 7 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 Page 8 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 Meridian City Council Meeting Agenda August 27, 2019 – Page 102 of 403 Page 9 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 Page 10 D. Applicant Proposed Revised Conceptual Development Plan/ Phasing Plan vs. Staff Recommended Revised Conceptual Development Plan (without Phasing Plan) Applicant Proposed: Meridian City Council Meeting Agenda August 27, 2019 – Page 104 of 403 Page 11 Meridian City Council Meeting Agenda August 27, 2019 – Page 105 of 403 Page 12 Meridian City Council Meeting Agenda August 27, 2019 – Page 106 of 403 Page 13 Staff Recommended (concept plan only - no phasing plan): Meridian City Council Meeting Agenda August 27, 2019 – Page 107 of 403 Page 14 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 Meridian City Council Meeting Agenda August 27, 2019 – Page 108 of 403