DA Mod Application Narrative 2590 N Eagle Road V1BUTLER 6 SPINK.,
ATTO R N EYS AT LAW
JOANN BU1"LER
208.38e.1093
J BUTLER@BUTLERSPINK.COM
January 25, 2022
Ms. Sonya Allen
Associate City Planner, Current Planning Group
City of Meridian, Community Development Department
33 E. Broadway Ave., Ste. 102
Meridian, ID 83642
Imo; 2590 N. Eagle Road, Meridian/Development Agreement Modification/Narrative
Butler Spink File No. 23743.1
Dear Sonya:
On behalf of the pro[--, rty owner, East River VaNey Street, LL '(" East River" or'"
whose managing nik�si i i3er is perry Coles, we are pleased to. -present to the City fire eii�
development agreement modific-ation application (the 'A icatiozx) for th6 property located
at 2590 Nf. Eagle Road (the "Property"). The Property wK&mmd until recently; as the Gant
Wall Restaurant. Mr. Gales acquired the Property in 2021 and,bas been working with Jeff Lis,
ALCC ArcNtecture, to txan5fozui the bulkli ig and use irita'afine jewelry retail store (the "Copper
Canary'), which is a permitted use under the Property's C-G zone (general retail and service
commercial).
Background/History
The Property, at approx.1.4 acres, ss a small portion of.approx, 11 4.5.acres that was anneXc!d
into the City in 2003. Most of that property (90.29 acres) was zoned R-4 upon annexation, kW.
was dj�veloped aceording to a detailed development plan and preliminary plat submitted with
the ammation request, Detailed land planning documents were rent then submitted for the
more vftsterly portion of that annexod property (approx, 23.7 acres) along Eagle Road;. This
portion of the annexed ptoperty, of whi6 the Prope.4 in a part, was zoned C-G and =W0
subjectto- ad-evelopmentag .me (the "Orig!nal Development Aueem rO").
The City files in connection with the annexation of 114.5 acres is found in City File No. AZ-03-021.
The Development Agreement in connection with the 23.7 acres was approved by the City Council on
August 6, 2004, and recorded on October 8, 2004 as Instrument No. 104129529.
967 E. PARKCENTER BOULEVARD #313 • BOISE, IDAHO 83706 • BUTLERSPINK.COM
January 25, 2022
Meridian Community Development Department
c/o Sonya Allen
Page 2
The Original Development Agreement governs the commercial parcels fronting the east side of
Eagle Road between Ustick Road and what is today East River Valley Street (this Street did not
exist at the time of annexation). Without detailed plans for the commercial uses along Eagle
Road, by requiring any future use to apply for a conditional use permit, the Original
Development Agreement ensured the City would have the opportunity to review proposed
development.2 Additionally, the Original Development Agreement required that: "... either a
public or private backage street generally parallel with Eagle Road/SH 55 shall be incorporated
into the design of future site plans."3
Since recordation of the Original Development Agreement, the northerly portion of the C-G
zone has developed with Gateway Marketplace. A distinct private backage drive serves these
commercial parcels fronting Eagle Road leading south from Ustick Road. See Exhibit A
attached.
As also seen on Exhibit A, the southerly portion of the C-G zone along Eagle Road has
developed less cohesively than the area to the north, in large part because East River Valley
Street was constructed and restricted to right-in/right-out at the location where a backage drive
would intersects with East River Valley Street. This restriction has made the commercial parcels
north of East River Valley Street less attractive for commercial development.
The Property developed as the Great Wall Restaurant in 2008 only because the City's Council
recognized the landlocked parcel was entirely dependent on the development of other
properties for road access. The City Council adopted a condition of development approval that,
subject to permission from ITD (which was obtained), allowed temporary access to Eagle Road
until such time as access to the Property was available either from the north or the south.
At that time, 2008, Staff noted that interconnectivity was envisioned to go north from the
Property across the South Slough. However, development north of the Property was not on the
horizon and commercial development south of the Property appeared to be more at hand with
the looming construction of East River Valley Street. The condition of development approval
was modified to indicate temporary access to Eagle Road would continue until access was
obtained from the south 4
This requirement for a conditional use permit - even for uses allowed by right under the Uniform
Development Code ("UDC") -- may have been a vestige of a section of the UDC (Section 11-7-2(K))
that has since been removed from the UDC.
See, Original Development Agreement, p. 3. This condition for a backage road was supported by a
1997 study conducted by Ada County Highway District, and was codified by Meridian in 2005 with
UDC Section 11-3H (Development along State and Federal Highways).
4 Conditions: 1.6 Access to Eagle Road is approved temporarily until such time as the properties to the
south develop and a common drive aisle is constructed from the subject property to the future
extension of E. River Valley Street. At such time, the temporary access shall be removed and all access
shall be provided from E. River Valley Street; direct lot access to Eagle Road shall be prohibited. The
January 25, 2022
Meridian Community Development Department
c/ o Sonya Allen
Page 3
The Situation Today - Bach Homes - Property Immediately South
Access to the Property from the south has not been forthcoming. The owner of the property to
the south (an entity related to Bach Homes, developer of Phases 1 and 2 of the Regency at River
Valley apartments depicted on Exhibit A), attempted to market the property for commercial
development for over a decade without success.5 Based on this frustrating experience, Bach
Homes redesigned its property to be developed as a 134-unit third phase of the Regency of
River Valley Apartments, and requested a development agreement modification to allow the
residential development. The site plan for the third phase of Regency at River Valley
apartments is found on the attached Exhibit B.
In December, 2021, the City Council heard, and denied the request, in large part because of
traffic circulation issues. Council members noted that a preferred routing would be to take
commercial traffic to the north with residential traffic routed to the south and east. At that
hearing, our client, East River, opposed the Bach Homes application, solely because it would
have enabled the routing of three phases of residential traffic through our client's commercial
property. This was not contemplated by the Original Development Agreement governing
commercial uses fronting Eagle Road.6
To be clear, East River in no way opposes, but supports, the residential use of the property
south of the Copper Canary Property. This residential use is consistent with the objectives of
the City's Comprehensive Plan7 and makes textbook sense given the existing development of
Phases 1 and 2 of the Regency at River Valley apartments.
landscape buffer and 10-foot wide multi -use pathway adjacent to Eagle Road shall also be
constructed at the time the temporary access is removed.
This lack of success was, again, in no small part because East River Valley Street was constructed
with restricted access (i.e., right-in/right-out) at the intersection of the backage road and East River
Valley.
e The Original Development Agreement promoted a private backage road for commercial (not
residential) uses that front Eagle Road. The proposal would have routed traffic from residential
parcels (i.e., almost 300 units from phases 1 and 2 of Regency) that do not front Eagle Road greatly
expanding the scope of cross access across the Copper Canary Property in a manner not anticipated
by the Original development Agreement..
Note that neither the Copper Canary nor the Bach Homes properties have the luxurious width that
Gateway Marketplace was developed with that ensured a more distinct backage road so cars did not
back into the road. A backage road (versus a drive aisle) for either the Copper Canary Property or
the Bach Homes property would destroy a great portion of the parking lots and cause a major loss of
parking stalls to the detriment of both businesses.
7 High -density residential use is desired in this Mixed Use - Regional Future Land Use Map
designation, especially when located adjacent to SH-55/Eagle Rd and employment destination
January 25, 2022
Meridian Community Development Department
c/o Sonya Allen
Page 4
Our understanding is that Bach Homes is now exploring a redesign of the third phase of
apartments ensuring connectivity with the existing first two phases of the apartments so that
vehicular and pedestrian traffic is routed east through the existing phases of Regency at River
Valley leading on to Records Avenue, and south to East River Valley Street.$
The Situation Today - GFI-Meridian Investments - Property Immediately North
Fortunately, access from the Copper Canary Property to the north is now on the horizon. The
landowner to the north is completing the placement of a culvert across the South Slough
immediately north of the Copper Canary Property (expected to be complete in March, 2023),
and that same landowner projects it will construct a backage road from the Copper Canary
Property north through its property in 2022 or 2023.9 A depiction of the preliminary road plans
are shown on the attached Exhibit C.
These plans show a proposed access to Eagle Road from the backage road west across both the
GFI-Meridian property and our client's Property. Our understanding is that GFI has received
concept approval from the Idaho Department of Transportation ("ITD") in connection with this
location, which location avoids the existing utilities and power poles. Our client is committed
to cooperating with GFI-Meridian and ITD to allow such placement of the access to Eagle Road.
Proposed Development Agreement Modification
The Applicant proposes to modify the Original Development Agreement for the Copper Canary
Property to ensure that residential traffic from the Regency at River Valley is routed south and
east through Phases 1 and 2 of the apartments to East River Valley Street and Records Avenue.
This would be accomplished by limiting access at the south boundary of the Copper Canary
Property (north boundary of the Bach Homes property) to emergency access only. Our
understanding is that Bach Homes would be in support of this development agreement
modification.
centers such as found along the Eagle Road corridor. See, City Staff Analysis, Regency at River
Valley Phase 3, H-2021-0059.
9 Personal communication with Brian Carlise and Brandon Ames, Bach Homes.
Personal communication with Derek Gasser and Trevor Gasser, GFI-Meridian Investments, LLC.
Note that the existing approvals for the GFI-Meridian property (City File No. H-2019-0144) includes
this conditions of approval:
■ The Applicant shall grant a cross-access/ingress-egress easement to the property to the south
[Parcel #S 1104233802 - QQ & WW LLP (Great Wall)] and construct a private backage road from
the north to the south boundary of the subject property in general alignment with existing
driveways as set forth in UDC 11-3H-4B.3 for developments adjacent to State Highway 55, prior
to issuance of the first Certificate of Occupancy in the commercial/retail portion of the
development. A recorded copy of the easement shall be submitted to the Planning Division.
January 25, 2022
Meridian Community Development Department
c/o Sonya Allen
Page 5
The Applicant also proposes to modify the Original Development Agreement such that access is
taken from the Copper Canary Property north across the South Slough and west to Eagle Road.
The existing temporary access on the Copper Canary Property would then be closed and the
landscape and multiuse pathway completed. Our understanding is that GFI-Meridian would
be in support of our development agreement modification.
A proposed draft modified Development Agreement has been included with the Application
and contains these proposed conditions of approval:
• The uses allowed pursuant to the agreement are only those uses allowed as permitted,
conditional and/or accessory uses under the UDC.
• No change in the uses specified in the agreement shall be allowed without modification
of this Agreement.
• The Applicant shall develop the Property in accordance with the following special
conditions:
o Development of the Property shall no longer be subject to the terms of the
Original Development Agreement.
o Development of the Property shall be generally consistent with the conceptual
development plan depicted in the agreement.
o The Applicant shall make application for administrative Design Review. Future
development shall comply with the structure and site design standards listed in
the Architectural Standards Manual. Strict design review of all four sides of the
remodeled existing building is required.
o The existing direct access to the Property via N. Eagle Rd./SH-55 shall continue
until vehicular access to the north across the South Slough and to N. Eagle
Rd./SH-55 is provided. At such time, the temporary access to Eagle Rd./SH-55
shall be removed and the street buffer landscaping adjacent to Eagle Road shall
be completed consistent with the UDC standards.
o The drive aisle on the east side of the Property shall terminate at the south
boundary of the Property as an emergency vehicle access. Access will be
restricted by a gate that will allow for emergency vehicle access. The
Owner/Developer shall coordinate the design of the gate with the Meridian Fire
Department.
o A Certificate of Zoning Compliance and administrative Design Review
applications shall be submitted to and approved by the Planning Division prior
to submittal of a building permit application(s).
Based on the history of how the C-G zoned property was planned, how East River Valley Street
was constructed with restrictions, and how the area along Eagle Road has actually developed, it
would seem that, rather than a backage road stretching all the way from Ustick to East River
Valley Street, the intuitive demarcation is appropriately placed at the south boundary of the
Copper Canary Property. This would ensure that commercial traffic travels north along a
January 25, 2022
Meridian Community Development Department
c/o Sonya Allen
Page 6
backage road contemplated by the Original Development Agreement and residential traffic
proceeds south and to the east.
Conclusion
During the December Bach Homes hearing, the Council mused that it would have appreciated
seeing an application for the Copper Canary Property before continuing with the Bach Homes
proposal. Our client, the Applicant, is happy to oblige.
We have worked closely with both Bach Homes and GFI-Meridian, we believe, to bring a
solution to the City that will insure fair and safe solution to the backage road issue in this area
east of Eagle Road.
We respectfully request the Council to approve our request for a development agreement
modification.
Sincerely,
JoAnn C. Butler
c (via email):
Derek Gasser (dgasser@dfgdevelopment.com)
Trevor Gasser (trevor@tgirealestate.com)
Jeff Bower (ieffbower@givenspursley.com)
Brian Carlisle (brian.c@bachhomes.com�
Perry Coles (sit ewelry2000@grnail.com
Jeff Likes (Teff@alcarchitecture.com)
Bill Parsons (bparsons@meridianci"-or
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