FindingsCITY OF MERIDIAN E IDIAN.-
FINDINGS OF FACT, CONCLUSIONS OF LAWS
AND la
DECISION & ORDER
In the Matter of the Request for a Development Agreement Modification for the Purpose of
Attaching a New Concept Plan and Modifying Certain Provisions Recorded with the Existing DA
for Sadie Creek Promenade, Located on the Southwest Corner of N. Eagle Road and E. Ustick
Road, by Sadie Creek Commons, LLC
Case No(s). MDA-13-005
For the City Council Hearing Date of. April 16, 2013 (Findings on May 7, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 16, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of April 16, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 16, 2013,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of April 16, 2013, 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 (LC. §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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-13-005
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
Planning Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of April 16, 2013, 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 development agreement modification is hereby approved per the
provisions in the attached Staff Report for the hearing date of April 16, 2013, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The amended development agreement shall be signed by the property owner(s) and returned to
the City within two (2) years of the City Council granting the approval (UDC 11-5B-3D).
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 two (2) year approval period (UDC 11-513-
317).
E. Notice of Final Action and Right to Regulatory Takings Analysis
l . 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.
E. Attached: Staff Report for the hearing date of April 16, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-13-005
-2-
By action of the City Council at its regular meeting held on the l dayof
2013. '
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
Mayor Tam e Weerd
ORA��D AUCU
Attest: 204� l9�
r
City Clerk
cry �f
E IDIZ IAN&--
F SEAT. �y
f +h e T A E
Copy served upon Applicant, The Planning
VOTED
VOTED��
VOTED
VOTED
VOTED
Public Works Department and City Attorney.
By: Dated:
o;�
Ci lerk s ce
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-13-005
-3-
EXHIBIT A
STAFF REPORT
HEARING DATE: April 16, 2013
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: MDA-13-005 - Sadie Creek Promenade
I, SUMMARY DESCRIPTION OF REQUEST
�E F IAN�:_.
The Applicant, Sadie Creek Commons, LLC, is requesting to amend the recorded Sadie Creek
Promenade development agreement (instrument # 108008770) for the purpose of attaching a new
concept plan and modifying certain provisions of the existing agreement.
II, SUMMARY RECOMMENDATION
Staff recommends approval of the development agreement modification application as detailed in
Section VII of the staff report. The Meridian City o un it heard this item on April 162013 At
e public headu , the Caundl approved the subject M A request
Summary of City Council Public Hearing
L In favor: Matt Schultz
iL In opposition; None
L Cn1n n i .— ,-atin Lucas and Steve Grant
-Written testimony: None
Staff presenting application• Bill Parsons
yi Other staff commenting on application; None
Key Issues of Discussion by Council:
Access to E. stick Road cess restrictions. (center medians vc Work
opsl to aid roadway.
L irculation patterns with the d velo went of the future drive throw h
establishment
iii: Extraision of the decorative ma onry wall along the west bound aThe desig
the wall is to match the wall in talled with the Bi nville SnuareSubdivision as
testified by the adia ent nei
Design of the future commercial b �ildings adjacent tot -he re id ntial u s and the
public street&
Establishing exclu ivity eqcements fur the adjacent residential neighbors adia eat
the future wall the right to use and improve landscape strip on the id of the
wall. landscape - --- - ---- side
Key Council Changes to Staff Recommendation
h None
III. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number MDA-
13-005, as presented in Staff Report for the hearing date of April 16, 2013, with the following
changes: (insert any changes here). I further move to direct Legal Department Staff to prepare a
Development Agreement for this site that reflects the changes noted in Exhibit A.5.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number MDA-13-
Sadie Creek Promenade MDA- 13-005
Page 1
EXHIBIT A
005, as presented during the hearing on April 16, 2013. (You should state why you are denying the
request.)
Continuance
I move to continue File Number MDA-13-005 to the hearing date of (insert continued hearing date
here) for the following reason(s): (you should state specific reason(s) for continuance)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location: The subject property is located on southwest corner ofN. Eagle Road
and E. Ustick Road in the southwest 1/4 of Section 5, Township 3 North, Range 1 East.
B. Applicant/Owner(s):
Sadie Creek Commons, LLC
10789 W. Twain Avenue, Suite #200
Las Vegas, NV 89135
C. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is a request for a development agreement modification. Per Meridian City
Code, a public hearing is required before the City Council on this matter.
B. Newspaper notifications published on: March 25, and April 8, 2013
C. Radius notices mailed to properties within 300 feet on: March 21, 2013
D. Applicant posted notice on site by: April 4, 2013
VI. LAND USE
A. Existing Land Use(s): The subject property is vacant commercial property, zoned C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is
primarily surrounded by commercial development except for the west and a portion of the south
boundary.
C. History of Previous Actions:
• In 2004, a portion of the property was annexed and zoned C-G (General Retail and Service
Commercial District) with the Kissler/Cobbs/Eagy/Ruwe annexation (AZ-03-018). A
development agreement was required with the annexation of the property (DA # 104107406).
• In 2005, the remaining portion of the property (approximately 7.7 acres) received annexation
(AZ-05-052) approval. A development agreement (DA), recorded as instrument #108008770,
was required at the time of annexation approval. A preliminary plat (PP-05-053) and
conditional use permit (CUP-05-049) was also approved for a 15.33 acre mixed use
commercial development as required by the original development agreement. The approval of
the conditional use permit/PD (CUP/PD) satisfied the CUP condition of the previous DA.
However, those approvals have expired. The subject amendment proposes to remove the
requirement for obtaining CUP approval.
VII. STAFF ANALYSIS
The applicant is requesting to modify the recorded development agreement (DA) approved for the
Sadie Creek Promenade project. The recorded DA allows the development of approximately 150,000
square feet of retail, restaurant and office uses. With the approval of the project, a concept plan was
submitted for informational purposes only and was not tied to the recorded DA. As such, the
applicant has a new vision for how the property may development and has submitted a concept plan
Sadie Creek Promenade MDA- 13-005
Page 2
EXHIBIT A
which is to be tied to the amended development agreement. The applicant states the site will generally
develop with similar square footages thus the stated square footages in the recorded DA are not
proposed to change. Additional DA changes are requested to further facilitate the development of the
commercial property.
The applicant's narrative states provisions 1, 2, 3, 4, 6, 7 and l 1 in Section 6: "Conditions Governing
Development of the Subject Property" will remain as stated in the recorded document. However,
several provisions are requested to be modified as follows:
NOTE. The changes proposed by the applicant are in strike -out and underline format. Staffs
comments and changes are bold, italized and/or strike -through format.
Provision #5: That prior to the issuance of a certificate of zoning compliance for the office lots west
of Centrepoint Wad, all landscaping shall be constructed along the western property and along Ustick
Road to the point of connections with c' Centrepoint Way. These office lots should
include either a permanent easement or be redesigned to include landscaping in common lots
including a masonry block wall on the western boundary. (Staff supports the recommended change.)
Provision #8: +., w ++b inn, + -dad +•
+'' +'' ddv-
' + viv(The UDC now requires the applicant
a
obtain CUP approval if a drive through use is within 300 feet of another drive through or a
residential district. Staff is of the opinion the UDC adequately addresses the placement of drive
throughs therefore staff supports this provision being removed from the development agreement.)
Provision #9: That all accesses for Sadie Creek Promenade Subdivision shall be taken .
at existing Ustick Road driveway locations constructed by
ACHD with the Ustick Road widening project Currently, a public street (Centrepoint Way) is
constructed on the property and the two curb cuts exist along E. Ustick Road. The public street is a
signalized intersection. The two curb cuts align with the driveways approved with the Centrepoint
development located north of this development. The central curb cut will be full access and the
eastern most driveway will be right-in/right-out only. The access points were approved to Ustick
Road because access was not granted to Eagle Road. (Since the proposed access points are
consistent with the development to the north and access is not proposed to Eagle Road, Staff
supports the access to Ustick Road)
Provision # 10: That the buildings west of Centrepoint Way
d�+oa������ 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 through uses and General Commercial
uses listed as permitted in UDC Table 11-2B-2. Any uses not listed as
permitted shall be subject to conditional approval. (Staff recommends removing the reference to the
drive through for reasons stated above (if not within 300' of another drive through or residential
district no CUP will be required). Further a new concept plan has been submitted that does not
reference any lots and blocks.)
New Provision # 12: Owner shall be allowed to obtain approval of #p40 two (2) Certificate of Zoning
Compliance applications M , prior to recording a final plat.
W-e,0ft4heJ_wwp Any
CZC approval shall not be granted until a final plat is recorded and the central private subsequent
street/commercial driveway is extended from the south boundary to E. Ustick Road as depicted on
the submitted concept plan. (The applicant has requested this as a new provision. Staffs supports
the new provision with changes by staff.)
As mentioned above, the original development agreement requires CUP approval for a planned
development. Since the previous CUP/PD has expired, this requirement of the original development
Sadie Creek Promenade MDA- 13-005
Page 3
EXHIBIT A
agreement has not been satisfied. Because the annexation of this property pre -dates the adoption of
the UDC (which no longer requires a planned development because the schedule of use is accurate),
staff recommends removing the detailed CUP/PD requirements from the original DA and DA
#108008770. The applicant has provided a new legal description that depicts the area subject to these
agreements. The concept plan will serve as the exhibit map that depicts the boundary of the project
(see Exhibit A.3 and A.4).
As mentioned above, the submitted concept plan will be tied to the amended development agreement.
The proposed concept plan depicts fourteen (14) buildings ranging in square footages between 1,705
square feet up to 22,910 square feet. Proposed accesses include a public street, one full access point
and a right-in/right-out only access to point E. Ustick Road. A central private street/commercial drive
aisle is also planned to connect the E. Ustick Road full access point with the private street constructed
within the Bienville Square Subdivision to the south. A central plaza area is proposed as an amenity
for the development; although not located in an ideal location within the development. Staff has
required the construction of the plaza area however; the applicant should reevaluate the location of
the amenity when development is planned for the site.
The design concepts staff supports with the submitted concept plan are as follows:
1) the range in the bulk and scale of the buildings;
2) several of the buildings are towards the streets without large expansions of parking areas;
3) the central plaza;
4) the interconnectivity within the development and the property to the south and;
5) the office uses along the west boundary to provide transitional uses between the single family
homes and the commercial development.
In general, staff believes the submitted concept plan details the development of the site far better than
the previous plan.
In addition to the changes recommended above and to ensure the site develops consistent with the
submitted concept plan, staff recommends several additional sections of the recorded DA be amended
and the addition of several new provisions as follows:
1) Include the new legal description and concept plan as an Exhibit to the amended DA.
2) Add provision #13: The subject 14.79 acres is no longer subject to the requirements set forth in
DA # 104107406. (The City has adopted design guidelines that will be used to address the
development in conjunction with the submitted concept plan therefore, staff is of the opinion
detailed site plan review through a conditional use process is no longer necessary. Future
buildings on the site will be subject to certfcate of zoning compliance and administrative
design review approval.)
3) Add Provision # 14: Development of this property shall substantially comply with the submitted
concept plan approved with MDA 13-005 and include a central plaza area.
4) Section 4. 1: (New language) Construction and development of up to 150,282 square feet of
retail/restaurant/office uses in a C-G zone on 14.79 acres pertinent to file MDA 13-005. (Remove
the language that references the Kissler annexation and the approved preliminary plat and
conditional use permit applications)
5) Section 5: Delete this section from the development agreement. (This section requires the City approval of a conceptual site plan through a conditional use process prior to any construction
commencing on the property. Since staff is supportive of the new concept plan and future
Sadie Creek Promenade MDA- 13-005
Page 4
EXHIBIT A
development will require CZC and DES approval, staff is of the opinion this section should be
deleted from the DA.
Staff recommends approval of the development agreement modification with recommended changes
attached in Exhibit A.S.
VIII. EXHIBITS
A. Maps/Other
1. Vicinity/Zoning Map
2. Original Concept Plan
3. Proposed Concept Plan
4. New Legal Description
5. Recommended Development Agreement Changes
Sadie Creek Promenade MDA- 13-005
Page 5
EXHIBIT A
Exhibit A.1 — Vicinity/Zoning Map
Sadie Creek Promenade MDA- 13-005
Page 6
EXHIBIT A
Exhibit A.2 — Original Concept Plan
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' H 13,668 SF `
11,368 SF aI
4.896 SF Z �j 6,732 SF
d! 34,833 SF I'
6
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! �ddi•1ldd3�"!dd �!l��a SF ALLOWED = 150,282 SF
SF PROVIDED = 113,866 SF
PARKING REQUIRED = 300 SPACES EXISTING COMMERCIAL
PARKING PROVIDED = 640 SPACES
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Sadie Creek Promenade MDA- 13-005
Page 7
EXHIBIT A
Exhibit A.3 — Proposed Concept Plan
Sadie Creek Promenade MDA_ 13-005
Page 8
EXHIBIT A
Exhibit A.4 — New Legal Description
DESCRIPTION 17OR SADIE CREEK PROMENADE
212812013
A PARCEL OF LAND LOCATED IN THE NE Y. OF THE NE 1A OF SF(:11ON 5, TOWNSHIP 3 NORTH,
RANGE 1 EAST OF THE BOISE MERIDIAN, CITY DI- MERIDIAN, ADA COUNTY,
M014E PAR"i ICULARLY DESCRIBLD AS FOLLOWS; IDAHO, BEING
COMMENCING AT THE NORTHEAST CORNER OF SECTION 5, TOWNSIiIF 3 NORTH. RANGE 1
LAS 1, HGISF MERIDIAN, 1NLNCE 5 00'00'OC" VJ, 69,15 FEET ALONG 1`11C EAST LINE OF SAID
SEC71ON 5 TO A POINT; TI IENCE N 90'00'Oi;' W 4C30 FEET TO A POINT ON TI IF WEST R1014T
OF WAY OF EAGLE ROAD, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION;
I HENCE S C1'14'39" W. 582.46 FEET ALONG SAID RIGHT OE WAY TO THE NORTI LEAST
CORNER OF nIFNV1I,.LC SQUARE SUBDIVISION -
Al ONG THE NORTH BOUNDARY OF RIFNVfI I F SOI)ARF SUBDIVISION T HF FOLLOWING:
TIIFNCE N 83'6410O" W. 610.21 FEET TO A POINT;
T 1 IFNCE N 71'28'10" W, 803,90 FEET TO THE NORTI KeVEST CORNER OF BIENVILLE SOUARF
SUBDIVISION:
THENCE N 00*16,11, W, 315.79 FEET ALONG THE FAST BOUNDARY OF CAROL'S SUBDIVISION
NO.2 TO A POINT ON THE SOUTH RIGIIT OF WAY OI' USTICK ROAD;
ALONG THE SOUTH RIGHT OF WAY OF USTICK ROAD IHE FOLLOWING:
THFNCF N 89'39'?_O' F 625 50 FEET TO A POINT;
THENCE S 89'23' 16' E 264.30 FEET TO A POINT;
T1117NCF S 86*0147` E 180.57 FFET TO A POINT;
THENCE N 80'39'20` E 18146 FEET TO A POINT;
THF.NCC S 44*30`W' E.., '6A3 I FET TO i IIL REAL POINT Or BFGINNING OF 1HIS DE SCRIP I
CONTAINING 14 780 ACRFS MORE OR LF..S.R,
PAIGI AEL E. MARKS. VLS 4998
Sadie Creek Promenade MDA- 13-005
Page 9
EXHIBIT A
Exhibit A.5 — Recommended Development Agreement Changes
1) Section 4.1: Construction and development of up to 150,282 square feet of retail/restaurant/office
uses in a C-G zone on 14.79 acres pertinent to file MDA13-005. (Remove the language that
references the Kissler annexation and the approved preliminary plat and conditional use permit
applications.)
2) Section 5: DELETE
3) Provision #5: That prior to the issuance of a certificate of zoning compliance for the office lots
west of Centrepoint Way, all landscaping shall be constructed along the western property and
along Ustick Road to the point of connections with Centrepoint Way. These office lots should
include either a permanent easement or be redesigned to include landscaping in common lots
including a masonry block wall on the western boundary.
4) Provision #8: DELETE
5) Provision #9: That all accesses for Sadie Creek Promenade Subdivision shall be taken at existing
Ustick Road driveway locations constructed by ACHD with the Ustick Road widening project.
6) Provision # 10: That the buildings west of Centrepoint Way are for office uses only; no retail uses
shall be located on these lots. All other lots shall be limited to office/Retail/Restauran
through uses and General Commercial uses listed as permitted in UDC Tabt/Drive
le 11-2B-2; any use
not listed as permitted or prohibited shall be subject to conditional approval.
7) New Provision # 12: Owner shall be allowed to obtain approval of two (2) Certificate of Zoning
Compliance applications, prior to recording a final plat. Any subsequent CZC approval shall not
be granted until a final plat is recorded and the central private street/commercial driveway is
extended from the south boundary to E. Ustick Road as depicted on the submitted concept plan.
DA #104107406.
8) New provision The subject 1479 acres is no longer subject to the requirements set forth in
6.
.
9) New Provision #14: Development of this property shall substantially comply with the submitted
concept plan approved with MDA 13-005 and include a central plaza area.
10) (Include the new legal description and concept plan as an Exhibit to the amended DA)
Sadie Creek Promenade MDA- 13-005
Pale 10