Staff ReportSTAFF REPORT Hearing Date: Apri15, 2011 j T e ~'(
TO: Mayor & City Council ~ 1~11~1 ~1~'~'
FROM: Sonya Watters, Associate City Planner I D A H O
208-884-5533
SUBJECT: MDA-11-002 -Meridian Town Center (CenterCal Property)
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Meridian CenterCal, LLC, requests approval to modify the development agreement (MDA)
(Instrument No. 108131103) for the CenterCal portion of Meridian Town Center to include a new
conceptual development plan and changes to the text of the Agreement. See Section IX Analysis for more
information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA with the amended concept plan and provisions listed in
Exhibit A.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MDA-11-002 as
presented in the staff report for the hearing date of April 5, 2011, with the following modifications: (Add
any proposed modifications.) Ifurther move to direct Legal Department Staff to prepare an amended
Development Agreement for this property that reflects the changes noted in Exhibit A.
Denial
After considering all staff, applicant and public testimony, I move to deny MDA-11-002 as presented
during the hearing on Apri15, 2011, for the following reasons: (You should state specific reasons for
denial.)
Continuance
I move to continue File Number MDA-11-002 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 the northeast corner of E. Fairview Avenue & N. Eagle Road, in the
southwest % of Section 4, Township 3N., Range 1 E.
B. Owner(s):
Meridian CenterCal, LLC
42 N. 650 West
Farmington, UT 84025
C. Applicant:
Same as owner
D. Representative:
Deborah Nelson, Givens Pursley, LLP
601 W. Bannock Street,
Boise, ID 83702
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a development agreement modification. A public hearing is required
before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: March 14, and 28, 2011
C. Radius notices mailed to properties within 300 feet on: March 10, 2011
D. Applicant posted notice on site by: March 12, 2011
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site is vacant and lies within the C-G (General Retail & Service
Commercial) zoning district.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Rural residential property zoned RUT in Ada County & vacant land approved for
apartments, zoned R-40
2. East: Vacant property conceptually approved for multi-family residential & office uses, zoned C-G;
and Kleiner Memorial Park in the development process, zoned C-G
3. South: Retail uses in Crossroads Shopping Center, zoned C-G
4. West: Vacant land conceptually approved for office & retail uses, zoned C-G
C. History of Previous Actions:
• The subject property is one of three properties included in the Meridian Town Center annexation
(AZ-07-012). The subject property is governed under development agreement Instrument No.
108131103. At the time of the annexation hearing, the northern portion of the site was within the
Kleiner Family Trust ownership Instrument No. 109009630.
• A variance (VAR-07-017) to UDC 11-3H-4 which prohibits new approaches from directly
accessing a state highway at points other than the section line road and the half mile mark between
section line roads was approved by City Council on February 19, 2008. Two right-in/right-out
access points and one right-in/right-out/left-in access points are allowed for access to/from the site
via SH 55/Eagle Road.
D. Utilities:
1. Public Works: No concerns
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within the floodplain or floodway.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed Use -Regional" (MU-R) on the Comprehensive Plan Future Land Use
Map. The purpose of this category is to designate areas at prominent corners of major arterials for
developments that provide a mix of employment, retail, and residential or public uses. The developments
should be anchored by uses that have a regional draw with the appropriate supporting uses.
The subject 90+/- acre property, zoned C-G, along Eagle Road, a major arterial street, is proposed to
provide a mix of employment, retail, and residential uses consistent with the MU-R designation as shown
on the conceptual development plan.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement: Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the
retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four
districts are designated which differ in the size and scale of commercial structures accommodated in the
district, the scale and mix of allowed commercial uses, and the location of the district in proximity to
streets and highways.
B. Schedule of Use: Unified Development Code (UDC) 11-2B-21ists uses that are principal permitted
uses, conditional uses, and prohibited uses in the C-G zoning district. No specific uses are proposed at
this time. The conceptual development plan depicts retail, office, and multi-family residential uses;
retail & office uses are principally permitted in the C-G district and multi-family developments require
conditional use permit approval. Specific Use Standards (UDC 11-4-3-27) apply to multi-family
developments.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The request is for a modification to the Development Agreement (DA) for CenterCal. The proposed
modification includes a new conceptual development plan and changes to the text of the recorded
agreement.
The existing plan depicts 209,250 square feet (s.£) of residential area; 135,899 s.f. of office area; and
973,775 s.f. of retail area for a gross building area of 1,318,825 s.f. on 88 +/- acres of land. Note: When
the original DA and concept plan was approved at the annexation hearing, CenterCal did not own the
northern portion of the property, now they do. We have reviewed the DA in place for the northern
portion for relevant provisions. The only applicable provision is as follows:
`North Parcel: The extension of Records Road shall be deemed to satisfy the requirements of UDC
11-3H-4.B.3. In addition to providing Records Road right-of--way, Owner shall provide a minimum
of two private or public north/south road or drive aisles (drive # 1) connecting the north boundary
of the CenterCal development to River Valley Road. Owner shall connect to the CenterCal
development at a minimum of two locations and shall extend such connections to two separate
access points at River Valley Road. Owner shall sign a cross access agreement with CenterCal
Properties and shall submit a copy to City Staff prior to development of the North Parcel. Owner
shall sign a cross access agreement with Bach Homes allowing Bach access to River Palley Road. "
Stafffeels that the DA modification and concept plan meet the intent of this provision. Furthermore, at
the time of annexation, the applicant was considering purchase of this property and staff included
appropriate provisions with the CenterCal DA.
To accommodate market changes, the concept plan has been modified to include amixed-use lifestyle
center, a retail center, and a residential area. The new concept plan depicts retail -between 532,986 and
974,000 s.£; office -between 43,500 and 136,000 s.£; and residential -between 140 and of 175 units.
Staff has performed an initial review of the proposed conceptual development plan and finds the layout
of the site should be modified to include at a minimum, the following items: additional landscaped
planter islands within parking areas consistent with UDC 11-3B-8C; and internal pedestrian walkways
consistent with UDC 11-3A-19A.4 and DA provisions 5.9 and 5.10.
A detailed review of the site for compliance with UDC standards & administrative design standards
contained within this proposed amended DA, and guidelines contained in the Meridian Design Manual
will be performed at the time of Conditional Use Permit and/or Certificate of Zoning Compliance
application.
The applicant's proposed changes to the DA are included in Exhibit A. Staff's
recommendation/analysis is included in blue italicized text after that proposed by the applicant.
In summary, staff is of the opinion that the proposed amendments are in keeping with the spirit and
intent of the original development agreement and recommends approval of the proposed modification.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Previously Approved Conceptual Development Plan (dated: 9/27/07)
3. Proposed Conceptual Development Plan (dated: 2/8/11)
4. Administrative Design Review Standards -Proposed by Applicant as Exhibit E of the DA
5. Applicant Proposed & Staff Recommended Changes to Development Agreement
Exhibit A.1: Vicinity Map
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A.3: Proposed Conceptual Development Plan (dated: 2/8/1 1)
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Exhibit A.4: Applicant Proposed & Staff Recommended Changes to Development Agreement
Applicant's proposed changes are noted in black strike-out/bold/uncz'e~line for~nut,~ staff's recommended
changes are noted in italicized blue strike-oi~t/bold/underline format. Staff~has included all of sections 4 and S
including the portions not proposed to change (shown in regular type) for Council's benefit.
SECTION 1
1.11 WHEREAS, City and Owner/Developer entered into a development agreement that was recorded
on December 9, 2008 in the real property records of Ada County as Instrument No. 108131103
("Original Development Agreement"); and
1.12 WHEREAS, Owner/Developer submitted an application for Development Agreement
Modification, and following a public hearing City Council approved such application, resulting in
this Agreement.
Staff recommends appro~~al of the proposed changes.
SECTION 4
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property
in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement include those uses allowed in the approved C-G zone as
indicated in the table attached as Exhibit "C" (excerpted from the UDC as it existed on the date of the
Original Development Agreement). Any uses added to the applicable zone by any amendment since
the date of the Original Development Agreement or by any future amendment to the UDC shall be
allowed on the Property.
Staff ~rccornmer~ds (frith the concurrence ~~f the app/icunt) this section be mc~diJied as fol/otia~s, "The uses
allowed pursuant to this Agreement include those uses allowed in the approved C-G zone as indicated
in the table attached as Exhibit "C" (excerpted from the UDC as it existed on the date of the
Agreement) for a period not to exceed seven (7) years from the date of this Agreement. yes
. At
the end of the seven (7) year period, the allowed uses shall be those allowed in the C-G zone as
indicated in UDC Table 11-2B-2 Allowed Uses in the Commercial Districts in effect at the time
of development."
4.2 Owner/Developer shall develop the Property generally in accordance with the Conceptual Site Plan in
Exhibit `B", as it may be modified from time to time, and with the conditions set forth in Section 5
herein, unless otherwise modified by this Agreement. The parties acknowledge that the Conceptual Site
Plan is conceptual, reflects early stage planning, and involves a large project with dynamic components.
Consistent with the Findings, this Agreement affords Owner/Developer the flexibility to tailor the
particular distribution and configuration of uses to meet actual market demand at the time of
development, so long as the development is generally consistent with the Conceptual Site Plan.
A. In determining consistency with the Conceptual Site Plan, the Planning Director may allow a plus
or minus 20% change in square footage for any building or collection of buildings. The Planning
Director has the discretion to allow a change in excess of 20% where Owner/Developer supplies
adequate data to demonstrate the change does not increase transportation impacts or impacts on
adjacent uses beyond the levels contemplated with the Conceptual Site Plan.
B. Relocation and reconfiguration of buildings shall be allowed provided that the impact to adjacent
properties remains the same or is less than that depicted on the Conceptual Site Plan and provided
that the integrity of the Conceptual Site Plan remains substantially equal or better. For example, the
buildings that form a central plaza may be relocated if the plaza amenity is substantially equal or
better in size or character than originally depicted.
4.3 If an amended Conceptual Site Plan does not meet the requirements of Section 4.2, then
Owner/Developer may be required to get City Council approval of a modification to this Agreement for
a new conceptual site plan.
4.4 Owner/Developer shall provide the Planning Director with any updates to the Conceptual Site Plan as
available and updated from time to time as the Conceptual Site Plan is modified by the
Owner/Developer as provided herein. The P1amling Director shall keep the current version of the
Conceptual Site Plan on file and available to the public.
4.5 The Property and any additional adjacent property as may be acquired by the Owner/Developer in the
future shall be governed by this Agreement. The Findings that have been approved by the City Council
have been incorporated into this Agreement.
SECTION 5
5. CONDITIONS GOVERNING DEVELOPMENT OF PROPERTY: Owner/Developer shall develop the
Property in accordance with the following special conditions. This list of special conditions is intended to
include all conditions and requirements applicable to the Property as a condition of annexation and zoning.
5.1 All structures on the site shall be subject to Administrative Design Review in accordance with the
.{i~g standards set forth in Exhibit "E" (quoted from UDC § 11-3A-19 ^^a " ~ ^ ' °r' as it
exists on the date of this Agreement, except that (i) parking requirements shall be as approved in the
Original Development Agreement and as stated herein and (ii) internal buildings shall not be
subject to the 8-foot wide pedestrian pathway requirement from the perimeter sidewalk to the main
building entrance) and shall not be subject to subsequent amendments of the UDC.
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• II 11
The applicant proposes the design stundards be stricken from Chis section and added as an exhibit in
the DA instead. The design standards proposed to be stricken were in effect at the time the original DA
wus approved; since that time, the standar°ds have changed. The applicant proposes to update the
standards in accord with current standards except for provision #3 in which previous parking lot
standards are proposed to apply, and provision #4.a n~hich is proposed to not be applicable as stated in
the original DA. Staff is amenable to this request; however, staff prefers the standards be included
above in section S.1 rather than as a separate exhibit.
Staff recommends (with the concurrence of the applicant) the above paragraph be modified to add a
sunset clause and to simplify the adrninistrcrtion of this DA by listing the relevant standards. Applicable
provisions and standards woz~ld be as follows: "For a period not to exceed seven (7) years from the
date of recording of this Agreement, development of the site and ~l construction of structures on
the site shall be subject to Administrative Design Review in accordance with the following standards
° °*°r ~:a°••~~"~ *° *'~° ~•• , ~.•,:'a:~,. °r*~~~°°` and shall not be subject to subsequent amendments of
the UDC. At the end of the seven (7) year period, all structures and site development shall be
subiect to all the applicable standards and provisions in effect at the time of development."
A. The following minimum standards shall apply in addition to the detailed guidelines as set forth
in the "City Of Meridian Design Manual":
1. Architectural Character:
a. Facades: Building facades visible from a public street or public space shall incorporate
modulations in the facade, including, but not limited to, projections, recesses, and step
backs that articulate wall planes and break up building mass. Facades shall be modulated
and articulated in accord with the "City Of Meridian Design Manual".
b. Primary Entrance(s): The primary building entrance(s) shall be clearly defined by the
architectural design of the building.
c. Rooflines: Roof design shall provide variations in profile through modulation and/or
articulation in accord with the "City Of Meridian llesign Manual", including, but not
limited to, the following: 1) overhanging eaves; 2) sloped roofs; 3) two (2) or more roof
planes; 4) varying parapet heights; and 5) cornices.
d. Pattern Variations: Architectural building design shall not create blank wall segments
along public streets and/or adjacent public spaces. Architectural elements, including, but
not limited to, windows, awnings and arcades, shall have color, texture and/or materials
to mitigate blank walls.
e. Mechanical Equipment: All ground level mechanical equipment shall be screened to the
height of the unit as viewed from the property line. All rooftop mechanical equipment
shall be screened as viewed from the farthest edge of the adjoining right of way.
2. Materials•
a. Exterior building designs shall demonstrate the appearance and use of high quality
materials, including, but not limited to, stone, brick, wood or other natural materials,
tinted or textured masonry block, textured or architecturally detailed concrete panels, or
stucco or stuccolike synthetic materials.
b. Smooth faced concrete block, prefabricated steel panels, and/or vinyl are prohibited as
finish materials but may be approved as accent materials in accord with the "City Of
Meridian Design Manual".
c. Untextured concrete panels are prohibited as finish and/or accent materials. (Ord. 09-
1394, 3-3-2009, eff. retroactive to 2-4-2009)
3. Parking Lots: No more than seventy percent (70%) of the off street parking area for the
structure shall be located between the front facade of the structure and abutting streets,
unless the principal building(s) and/or parking is/are screened from view by other
structures, landscaping and/or berms.
4. Pedestrian Walkways:
a. The internal pedestrian walkway shall be distinguished from the vehicular driving
surfaces through the use of pavers, colored or scored concrete, or bricks.
b. Unobstructed walkways at least five feet (5') in width shall be provided for any aisle
length that is greater than one hundred fifty (150) parking spaces or two hundred feet
(200') away from the primary building entrance(s).
c. The walkways shall have weather protection (including, but not limited to, an awning
or arcade) within twenty feet (20') of all customer entrances.
B. Alternative Compliance: If: 1) the location of existing buildings or structures prevents
conformance with the standards of this section and/or the guidelines of the "City Of Meridian
Design Manual", or 2) strict adherence to such standards and/or guidelines would create
inconsistency in the design objectives of the proposed development, the director may consider
an alternative design proposal through the alternative compliance provisions as set forth in
section 11-SB-5 of this title. The director may approve, or recommend approval of, such an
alternative compliance proposal when the overall design, as proposed by the applicant. meets
or exceeds the intent and the requirements of this section and the "City Of Meridian Design
Manual" and is not detrimental to public health, safety, and welfare. (Ord. 09-1394, 3-3-2009,
eff. retroactive to 2-4-2009)
5.2 Owner/Developer currently intends to develop 200,000 square feet of residential uses on the Property.
Such residential uses may be moved to a different location than depicted on the Conceptual Site Plan,
cnay occur in later phases, and may be modified to meet actual market demand at the time of
development. If the Owner/Developer chooses to remove all of the residential from the project, they
will need to obtain approval from City Council for a modification to this Agreement. Additional
~~°~*~~~"~~ ~„*°rt~~*°a housing shall be allowed without triggering the need for a modification to this
Agreement.
Staff recommends approval of the proposed change.
5.3 Subject to Section 4.2, the general configuration of the shops around a plaza area(s) shown centrally on
the east side of State Highway 55/Eagle Road shall not substantially change. Amenities such as a water
feature, benches, on-street parking, vertically integrated buildings, stamped and/or colored concrete
crosswalks, and a mix of restaurants, retail, office and should be provided consistent with this
Agreement.
5.4 Across-access agreement shall be required that benefits all businesses within the Property and the
property bounded by the Property line to the north and by Records Road to the east, unless the
referenced properties are both owned by the same owner at the time this Development Agreement is
adopted by the parties. A recorded copy of said agreement, if required, shall be submitted to the
Planning Department prior to or concurrently with the first Certificate of Zoning Compliance
application for this site.
5.5 The applicant is required to comply with all ACHD and ITD conditions. City will not sign off on any
occupancy cards without first receiving ACHD's signature and sign-off. All applications on the
Property are subject to ACHD's project specific comments, regardless of the type of application (i.e.
conditional use permit, certificate of zoning compliance, etc.). No details related to access to the
Property are approved with the subject annexation and zoning approval. The proposed access locations
on the major arterials will be as approved by ACHD and ITD.
5.6 Owner/Developer shall dedicate right-of--way and improve the extension of Records Road and E. River
Valley Street in accordance with ACHD requirements at such time as Owner/Developer develops the
portion of the project adjacent to each road, except that Owner/Developer shall not be responsible for
improving the extension of these roads or the utilities therein if such improvements are accomplished
by or through agreement with an adjacent landowner. No certificate of occupancy shall be issued until
the road improvements are substantially completed and functional for that phase. In the event that
Records Road extends from Fairview Avenue to Ustick Avenue, the timing with regard to constructing
E. River Valley Street may be re-evaluated by the City Council. Additionally, Owner/Developer shall
make such right-of--way available immediately (but without improvements) at any time the City and/or
ACHD is willing to accept the right-of=way, such as if an adjacent property owner makes required
improvements. Such right-of-way as required herein shall be conveyed by Owner/Developer in the
form of a deed to either the City or such other jurisdictional agency upon the request of the City. No
compensation shall be required from City or ACHD for such right-of--way unless permitted through the
STARs legislation, Idaho Code § 63-3641 ("STARS"), as amended.
5.7
~A--~ 9~ No more than seventy percent (70%) of the off street parking area for the structure shall
be located between the front facade of the structure and abutting streets, unless the principal
building(s) and/or parking is/are screened from view by other structures, landscaping and/or
berms.
This is tlae UDC requirement that was in effect at the time the original DA was approved. Subsequent to
the approval the standard was changed from 70% to SO%. Staff recommends approval of the proposed
parking standarc~l; however, recommends it be included in the design standards in Section S.1 as shown
above. Therefore, staff recor~imends provision S. 7 is stricl~en in its entirety.
Section 7
COMPLIANCE PERIOD: This Agreement must be fully executed within one (1) year after the date of the
~s City Council's approval of the Development Agreement Modification application or it is null and
void; in such event, the Original Development Agreement shall control.
Staff rccnmme~~ds thc~ comp/iurtce period he c'/~cctive ji~om the date oJ'Frndo~~rs us orrginully written with the
addition oJ~the latter portion as f~•egt~ested by the applicunt us follows: "COMPLIANCE PERIOD: This
Agreement must be fully executed within e~e-(~ two 2 years after the date of the Findings or it is null and
void; in such event, the Original Development Agreement shall control."
Section 10
REQUIREMENT FOR RECORDATION: City shall promptly record either a memorandum of this Agreement
or this Agreement, including all Exhibits, at Owner's/Developer's cost, and submit proof of such recording to
Owner/Developer,
^~''~° °~^„°~~~'~~~ *"° r'~*~~ ~'^••~°~'. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, City shall execute
and record an appropriate instrument of release of this Agreement.
the uni~ez~ativn ordinance fort{tis propa~ty, referenced in the last sc»tence, hus already heen adopted.
Therefore, Staff recommends thr~s section me modified as follows, "REQUIREMENT FOR RECORDATION:
City shall promptly record either a memorandum of this Agreement or this Agreement, including all Exhibits,
at Owner's/Developer's cost, and submit proof of such recording to Owner/Developer,
. ~€er
Section 13 (page ll)
CERTIFICATE OF OCCUPANCY• n,,,~°,-ir,°.,°i^~°,- ., °°~ *~.,,..,^ r~°,,:c:,,.,,°~ „~n,.,.,,~.,r,... , .;ii i.°
No
Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by City.
Staff reconunends approval cif the proposed change.
Section 23 (page 13)
EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date approved by the
Meridian City Council
[End of text; Signatures with Acknowledgements and Exhibits A-D follow]
Sta ff ~recomrnends approval of the proposed changes.
EXHH3ITS A, C, AND D
No changes are proposed to exhibits A, C and D by the applicant, nor are any changes proposed by Staff. Staff
recommends including the exhibits in the modified DA to simplify implcmcntation of these provisions.
EXHIBIT B
The applicant requests the conceptual site plan (dated 9/27/07) shown in Exhibit B of the DA be replaced with
the proposed plan (dated 2/8/11) shown in Exhibit A.3 of this report.
Staff recommends approval of the proposed change.
EXHIBIT E
The applicant requested a new exhibit be added containing current design standards taken from UDC.
As notccl p~~ei~ioii.c/v, SYaf~~belicrc's rt is bc.~~t n~ .tiimplifi~ impl~~nu~ntutiun of this D,1 h~~ fu/drn~~~ Ihc~ dcsl,~ryt
standards into the text of the DA provisions rather than as an appendix.