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Eagle Commons MDA H-2019-0082CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0082 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request to Enter into a New Development Agreement for the Subject 3.29 Acre Property and Exclude the Subject Property from the Original Development Agreement (Inst. #108008770), by Barclay Group. Case No(s). H-2019-0082 For the City Council Hearing Date of: September 3, 2019 (Findings on September 17, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of September 3, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of September 3, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of September 3, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of September 3, 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 September 17, 2019 – Page 58 of 259 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0082 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 3, 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 existing Development Agreement is hereby approved per the provisions in the Staff Report for the hearing date of September 3, 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 September 3, 2019 Meridian City Council Meeting Agenda September 17, 2019 – Page 59 of 259 By action of the City Council at its regular meeting held on the 0 day of 5wkMbRr, 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED IA,�P COUNCIL MEMBER TREG BERNT VOTED—A,-v,,- COUNCIL OTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy de Weerd Attest: (ity of w IDAHO SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: O`� City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0082 - 3 - EXHIBIT A Page 1 HEARING DATE: 9/3/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: H-2019-0082 Eagle Commons at Ustick and Eagle LOCATION: 3085 E. Ustick Rd. (NE ¼ of Section 5, T.3N., R.1E.) I. PROJECT DESCRIPTION Request to enter into a new Development Agreement for the subject 3.29 acre property and exclude the property from the existing Development Agreement (Inst. #108008770). II. APPLICANT INFORMATION A. Applicant: Barclay Group – PO Box 733, Boise, ID 83701 B. Owner: Knudsen Poor Farms, Inc. – 98 Fort Hall Ave., American Falls, ID 83211 C. Representative: Tamara Thompson, The Land Group – 462 E. Shore Dr., Ste. 100, Eagle, ID 83616 III. NOTICING City Council Posting Date Legal notice published in newspaper 8/16/2019 Radius notice mailed to properties within 300 feet 8/13/2019 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda September 17, 2019 – Page 61 of 259 Page 2 Public hearing notice sign posted 8/23/2019 Next Door 8/13/2019 IV. STAFF ANALYSIS The existing Development Agreement (DA) (Inst. #108008770, Sadie Creek Commons, AZ-05-052) was approved in 2008 and incorporated a larger area that included the subject property and the property to the west and south totaling 15.33 acres. The abutting 11.39 acre property recently entered into its own DA (Villasport H-2018-0121, Inst. #2019-060877), leaving only this property subject to the existing DA. The Applicant proposes to enter into a new DA solely for the subject property, thus terminating the original DA, because most of the original DA provisions are no longer applicable to development of this site. Prior to drafting the new development agreement, the Applicant should provide staff with a new legal description and exhibit map of the subject property governed by the new DA. The terms of the existing DA and conceptual development plan previously approved for this site are included below in Section VI.A. The existing conceptual development plan depicts two (2) retail/commercial structures with associated parking and a shared access with the property to the south via N. Eagle Rd./SH-55 which was denied (VAR-05-022). The proposed concept plan depicts three (3) pad sites, one (1) multi-tenant shops pad with a drive- through and shared parking. The maximum overall building area proposed is 25,900 square feet. A conceptual building elevation was submitted that demonstrates the quality of design proposed for future buildings in the development. The drive-through may require conditional use approval as set forth in UDC 11-4-3-11A; retail stores and sales are a principal permitted use in the C-G district – see UDC Table 11-2B-2 for other allowed uses in the C-G district. All future development is required to comply with the provisions as set forth in the Unified Development Code (UDC). Access to the development is proposed via a shared driveway from E. Ustick Rd. approved with the Villasport project (H-2018-0121) along the west boundary of the site and a cross-access easement via N. Centerpoint Way, N. Cajun Ln. and E. Seville Ln. No public streets are proposed within the development. Staff recommends as a provision of the DA that the Developer provide a cross- access/ingress-egress easement to the adjacent properties to the west and south (Parcel #S1105110110 & S1105110120). V. DECISION A. Staff: Staff recommends approval of the proposed MDA per the provisions in Section VI. B. The Meridian City Council heard this item on September 3, 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: Tamara Thompson, The Land Group (Applicant’s Representative) b. In opposition: None c. Commenting: None d. Written testimony: Tamara Thompson, The Land Group (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: Meridian City Council Meeting Agenda September 17, 2019 – Page 62 of 259 Page 3 a. None 4. City Council change(s) to Commission recommendation: a. None Meridian City Council Meeting Agenda September 17, 2019 – Page 63 of 259 Page 4 VI. EXHIBITS A. Existing Development Agreement Provisions & Conceptual Development Plan 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City’s Zoning Ordinance codified at Meridian Unified Development Code § 11- 2B which are herein specified as follows: Construction and development of up to 150,282 square feet of retail/restaurant/ and office uses in a proposed C-G zone on 7.7 acres pertinent to this AZ 05-052 application. The 36.33 acre site, which includes a portion of this project, was approved for annexation with a Development Agreement in April, 2004 under the name of Kissler Annexation (file no. AZ 03-018). The DA, instrument no. 104107406, requires that any future use be approved either though a site specific CUP application or a Planned Development. A concept plan for the overall site was submitted with the AZ 05-052 application for informational purposes. This entire project consists of 15.33 acres a preliminary plat and conditional use permit was submitted and approved (PP-05-053, and CUP-05-049) which satisfies the CUP condition of the previous DA agreement. Certificates of Zoning Compliance are required for all buildings in this project. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: Owner/Developer has submitted to City an application for conditional use permit site plan dated September 15, 2005, and shall be required to obtain the City’s approval thereof, in accordance to the City’s Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the Property that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of design review at staff level prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. Meridian City Council Meeting Agenda September 17, 2019 – Page 64 of 259 Page 5 2. That the applicant be responsible for all costs associated with the sewer and water service extension. 3. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5 -7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 4. That prior to the issuance of any certificate of zoning compliance all landscaping shall be constructed along the western property boundary and along Ustick Road to the point of connection with Sadie Creek Avenue. These office lots should include either a permanent easement or be redesigned to include landscaping in common lots including masonry block wall on western boundary. 5. That the maximum square footage of one single building shall not exceed 75,141 square feet, which is ½ of the maximum requested of 150,282 square feet 6. That all buildings along the western property boundary shall be single story buildings designed to discourage views and access facing the west, unless required for emergency access. Furthermore, these office lots shall have hours of operation consistent with office operations which have been determined to be 6 am – 10 pm. 7. That the applicant shall redesign the site to meet the 300’ standard separation for drive thru uses with this application or variance is obtained. 8. That all access for Sadie Creek Promenade Subdivision shall be taken from Ustick Road at points determined by ACHD. 9. That Lots 1 and 2 of Block 2 of the site plan dated September 15, 2005 are for office uses only. Non retail uses shall be located on these lots. All other lots shall be limited to Office/Retail/Restaurant/Drive thru uses and General Commercial uses listed as permitted in UDC Table 11-2B-2. Any uses (excepting Drive Thru) not listed as permitted shall be subject to conditional approval. 10. That the western most public road referenced to as Sadie Creek Avenue may be renamed as approved by the Ada County Street Naming Committee. The road name has been approved as Centrepoint Way. Meridian City Council Meeting Agenda September 17, 2019 – Page 65 of 259 Page 6 Meridian City Council Meeting Agenda September 17, 2019 – Page 66 of 259 Page 7 B. Proposed Development Agreement Provisions, Conceptual Development Plan & Building Elevations Prior to drafting the new development agreement, the Applicant shall submit a legal description and exhibit map of the subject property governed by the new DA. 1. The applicant shall be responsible for all costs associated with the sewer and water service extension and hook-up to City services. 2. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service, per City Ordinance Section 5-7-517; wells may be used for non- domestic purposes such as landscape irrigation. 3. Future development of this site shall substantially comply with the conceptual development plan and provisions contained herein. 4. The Developer shall record a cross-access/ingress-egress easement to the adjacent properties to the west and south (Parcel #S1105110110 & S1105110120). A copy of the recorded easement(s) shall be submitted to the Planning Division with the first development application for the site. 5. Future development shall comply with the structure and site design standards listed in UDC 11-3A-19 and the design standards listed in the Architectural Standards Manual. 6. A 10-foot wide multi-use pathway with a public use easement and pedestrian lighting and landscaping shall be installed adjacent to N. Eagle Rd./SH-55 as set forth in UDC 11-3H- 4C.3. Meridian City Council Meeting Agenda September 17, 2019 – Page 67 of 259 Page 8 Meridian City Council Meeting Agenda September 17, 2019 – Page 68 of 259 Page 9 C. Legal Description & Exhibit Map for Property Subject to Development Agreement Meridian City Council Meeting Agenda September 17, 2019 – Page 69 of 259 Page 10 Meridian City Council Meeting Agenda September 17, 2019 – Page 70 of 259