CC - Staff Report 6-14 STAFF REPORT E COMMUNITY
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COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 6/14/2022 Legend �®
DATE:
Project Location 7�
TO: Mayor&City Council
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FROM: Joseph Dodson,Associate Planner
208-884-5533 ll:�i L-O R_81
SUBJECT: H-2022-0011 IRM5
N. C-G _!-O C-C R-15
Ten Mile and McMillan MDA le L-O
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LOCATION: Project is located at the northeast corner TU
of N. Ten Mile Road and W. McMillan R:g C-NA R-8
Road encompassing nine(9)parcels,in
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the SW 1/4 of the SW 1/4 of Section 26, R-4
Township 4N, Range 1 W. R'2 ! ��
RUT
I. PROJECT DESCRIPTION
Request to modify the existing Development Agreement of the Ten Mile and McMillan development
(Inst. #2020-040967) for the purpose of amending a DA provision regarding cross access between
the commercial properties and the senior living property.
II. APPLICANT INFORMATION
A. Applicant:
Anne Kunkel,Vann Thomas, LLC—242 North 8'Street, Ste, 220, Boise,ID 83702
B. Owners:
See multiple affidavits of legal interest in public record for all owners that are part of the
Development Agreement.
Senior Living Owner: 55 Resort at Verona Place,LLC— 105 Decker Court, Ste.460, Irving,TX
75062
C. Representative:
Same as Applicant
III. NOTICING
City Council
Posting Date
Legal notice published in
newspaper
5/29/2022
Page 1
Radius notice mailed to
properties within 500 feet 5/26/2022
Public hearing notice sign posted 6/3/2022
NextDoor Posting 5/25/2022
IV. STAFF ANALYSIS
History
The subject application encompasses nine (9)parcels surrounding the northeast corner of N. Ten Mile
Road and W. McMillan Road. These parcels were part of a Development Agreement Modification in
2020 and were removed from an existing Development Agreement(DA) for the purpose of entering
into a new DA with a new conceptual plan and building elevations (H-2019-0126, DA Inst. #2020-
040967)to show a future independent senior living facility. The largest property of the nine parcels
received conditional use permit(CUP) approval for the independent senior living facility in 2020(H-
2020-0004), consistent with the new concept plan and elevations.
Development Agreement Modification
The approved DA(Inst. #2020-040967)includes a provision that requires the senior living parcel and
the commercial parcels to provide cross-access and cross-parking. The inclusion of this provision is
standard for commercial properties but should have excluded the senior living property as the City
does not want cut-through traffic or shared parking between the commercial properties and the senior
living project. Further,the existing approvals required a commercial drive-aisle along the rear of each
commercial building lot which provides for the required cross-access—this drive aisle has been
constructed per the previous approvals.
The Applicant is therefore requesting the following modification to provision 5.Lc:
"An easement agreement shall be recorded granting cross-access/cross-parking to all lots in the
development, excluding that real property legally described on Exhibit C to the Development
Agreement,which shall be developed as multi-family development restricted to seniors, age 55 and
older the"Excluded Property),but including the parcel at the southwest corner of this site that is not
subject to this agreement.A recorded copy of said easement agreement..."
Staff supports the DA Modification request because of the shared drive-aisle,the fact the senior
living facility will stand on its own in terms of access and parking, and a desire for the City to limit
cut-through traffic between commercial and residential properties. However, Staff does recommend a
slight revision to the revised language proposed by the Applicant to make it more clear which
property is excluded from this provision and remove redundant language found within an existing
provision:
"An easement agreement shall be recorded granting cross-access/cross-parking to all lots in the
development, excluding that real property legally described in Exhibit C to the Development
Agreement,which was approved as McMillan Independent Senior LivingF acilit(H-2020-0004)and
is located at 4923 N. Cortona Way(the"Excluded Property),b including the parcel at the southwest
corner of this site that is not subject to this agreement.A recorded copy of said easement
agreement..."
V. DECISION
A. Staff:
Staff recommends approval of the proposed MDA per the modified provision in Section VI.B.
Page 2
VI. EXHIBITS
A. Existing DA Provisions
5 CONDITIONS GOVERNING DEVE,LGPMENT OF SUBJECT PROPERTY:
5.1. Owner and/or Developer shall develop the Property in accordance with the
following special conditions:
a. Future development of this site shall substantially comply with the conceptual
development plan and building elevations contained in Exhibit A of the Staff Repert that
is attached to the Findings of Fact and Conclusions of Law, attached hereto as Exhibit
44 ,
b. Development of the subject property (Le. site design and building design) is requited to
comply with the design standards listed in UDC 11-3A-19 and the City of Meridian
Architectural Standards Manual.
c. An easement agreement shall be recorded granting cross-access/cross-parking to all lots in
the development,including the parcel at the southwest corner of this site that is not subject
to this agreement. A recorded copy of said easement agreement shall be submitted to the
Planning Division prior to issuance of the first Certificate of Zoning Compliance
application for the site.
d. The age of the residents living in the multi-family development shall be restricted to
seniors, age SS and older.
DEVi:L.oPMENT AQREEMENT--TF-w MILE AND MCMILLAN PAGE 3 or 8
Page 3
B. Proposed Revisions to the existing Development Agreement Provision 5.Lc:
Applicant's request:
"An easement agreement shall be recorded granting cross-access/cross-parking to all lots in the
development, excluding that real property legally described on Exhibit C to the Development
Agreement,which shall be developed as multi-family development restricted to seniors, age 55 and
older(the"Excluded Property"),but including the parcel at the southwest corner of this site that is
not subject to this agreement.A recorded copy of said easement agreement..."
Staff's recommended language:
"An easement agreement shall be recorded granting cross-access/cross-parking to all lots in the
development, excluding that real property legally described in Exhibit C to the Development
Agreement,which was approved as McMillan Independent Senior LivingF acilit(H-2020-0004)and
is located at 4923 N. Cortona Way(the"Excluded Property"),but including the parcel at the
southwest corner of this site that is not subject to this agreement. A recorded copy of said easement
agreement..."
C. Noted"Exhibit C,Excluded Property" from revised DA provision:
Parcel"A'
A parcel of Land located in a portion of Mcfr 12 of Me Amended Plat of Verona Subdivision No-4, as the same is shown
on the officraf plat thereof,filed in Book 102 of Plats at Page 13476,Ada County Records, and shown as Parcel A on
Record of Survey No_ 12081, recorded November 6,2019,as Instrument No.2019-1 10665,being situate in the Southwest
quarter of Section 26;Township 4 North.Range 1 West_Boise Meridian,City of Meridian,Ada County, Idaho,hieing more
particularly described as follows:
Commencrng at the Southwest comer of said Section 26(from which the South quarter comer of said Section 26 bears
South 88'58'52"East,2602_82 feet distant),thence
North 00*21*16'East,848.02 feet on the West Section line of said Section 26.thence
Leaving said west section line,South 88'58'52'East.30.DO feet to the Northwest corner of said Amended Pleat of Verona
Subdivision No_4,said point being common with the Easterly right-of-way of North Ten Mile Road and the Southerly
right-of-way of West Milano Drive;thence
South 88'58'52"East,296.55 feet on the Northerly boundary tine of said Amended Plat of Verona Subdivision No.4.said
point being the POINT OF BEGINNING;thence
The foilowing eight(8)courses and distances on the Northerly and Easterly boundary line of said Amended Plat of Verona
Subdivision No.4:
South 88'58'52"East,74.70 feet_thence
South 82'0354'East,321.73 feet to a point of curvature;thence
22M09 feet an the-arc of a curve to the right,having a radius of 153.00 feet,a central angle of 82'2514`,and along chord
bearing South 40'51'19r East,201,60 feet;thence
South 00'21'16'Westa 60.32 feet;thence
South DD'24'03'East,151.75 feet;thence
South DU'21'16'West,60.17 feet;thence
North 89'35'57'East, 117.34 feet to a porcrt of curvature;thence
107.98 feet on the arc of a curve to the right,having a radius of 273.00 feet,a central angle of 22'39'43'.and a long chord
bearing South 20°53'49East, 10728 feet;thence
Leaving said Easterly boundary line,NorM 90'00'00"West.458.40 feet to a point of curvature;thence
43.96 feet on the arc of a curve to the right,haAng a radius of 84.00 feet,a central angle of 29'59'54',and a long chord
bearing North 75"00103"West,43.48 feet;thence
North 60'00'06'West,66.00 feet to a point of curvature;thence
58.68 feet on the are of a curve to the left,having a radius of 116.00 feet,a central angle of 28'59104'r and a long chord
bearing North 74'29'38'West,58.D6 feet;thence
North 88'59'10'West,48.40 feet to a Point of Curvature;thence
29.49 feet on the are of a curve to the right,having a radius of 1900. feet,a central angle of 88°55'10",and a long chord
bearing North 44'31'35"West,26.62 feet:thence
North 00'04'00'West,490.25 feet to the POINT OF BEGINNING.
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