Staff ReportChanges to Agenda:
Item #9A: Meridian and Amity (MDA-11-010)
Application(s):
- Development Agreement Modification
Size of property, existing zoning, and location: This site consists of approximately 73 acres, is currently zoned
RUT, and is located on the west side of S. Meridian Road, between W. Amity Road and W. Harris Street.
Summary of Request: The request is for a modification to the Development Agreement (DA) to allow the applicant
an additional two (2) years to sign the agreement. The DA has not been signed because the applicant is still
exploring options on gaining three (3) access points to Meridian Road from ITD. If ITD grants approval of the access
points, the applicant is still subject to the provisions of the UDC restricting access to state highways and must obtain
City approval (variance) for access to Meridian Road.
A conceptual site plan was proposed with the annexation of the property that depicts the proposed access points to
Meridian Road (see Exhibit A.2). A concurrent variance application was submitted seeking Council approval of the
access points but was withdrawn by the applicant. The City Council's motion on the annexation approval included a
right-in/right-out only at the quarter mile. Formal approval of the access point was predicated on the approval of the
submitted variance. Approval of the annexation did not vest the property with access to Meridian Road. Therefore,
the proposed access points should be omitted so the plan complies with the standards for developments along state
highways (UDC 11-3H-4). If the applicant elects to sign the DA then a revised concept plan is required.
Staff recommends approval of the applicant's request with the following changes:
1. Prior to DA approval, the applicant shall replace the current concept plan attached in Exhibit A.2
with a new concept plan that depicts no access to Meridian Road.
2. DA provision #14 shall read: Any access to Meridian Road shall be in accord with UDC 11.3H.
Written Testimony: None
Staff Recommendation: Approval with recommended changes to the draft DA.
Notes:
STAFF REPORT Hearing Date: October 25, 2011
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
208-884-5533
SUBJECT: MDA-11-010 -Meridian and Amity
E IDIAN~--
1DAH0
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Hawkins Companies, requests approval to modify the draft development agreement
(MDA) to extend the time period allowed for the agreement to be signed. See Section IXAnalysis for
more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA to extend the period in which the agreement must
be signed until September 7, 2013.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MDA-11-
O10 as presented in the staff report for the hearing date of October 25, 2011, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny MDA-11-010 as
presented during the hearing on October 25, 2011, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number MDA-11-010 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 site is located on the west side of S. Meridian Road between W. Amity Road and W. Harris
Street in the southeast % of Section 25, Township 3 North, Range 1 West.
B. Owner(s):
Hawkins Companies
855 W. Broad Street, Suite 300
Boise, ID 83702
David Frost
5405 Highway 30 South
New Plymouth, ID 93655
C. Applicant:
Hawkins Companies
855 W. Broad Street, Suite 300
TVM Inc.
PO Box 3304
Nampa, ID 83653
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Boise, ID 83702
D. Representative:
Same as applicant
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: October 3, and 17, 2011
C. Radius notices mailed to properties within 300 feet on: September 29, 2011
D. Applicant posted notice on site by: October 13, 2011
VI. LAND USE
A. Existing Land Use(s) and Zoning: A majority of the property is currently being used for
agricultural purposes. There is one parcel which is developed with an office building in the
County. All parcels are zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Meridian Heights Subdivision; zoned R6 (Ada County)
2. East: Valley Storage, zoned RUT (Ada County)
3. South: Rural Residences and Agricultural land, zoned RUT (Ada County)
4. West: Rural Residences and Agricultural land, zoned RUT (Ada County)
C. History of Previous Actions:
• In 2008, the City Council approved a Comprehensive Plan Map Amendment (CPA-08-004)
to change a portion of the property from medium density residential to mixed-use regional.
• In 2008, a variance application (VAR-08-008) was submitted concurrently with the
annexation application that requested three (3) access points to Meridian Road. This
application was continued multiple times so the applicant could seek approval from ITD on
the proposed access points. ITD's Director denied the access permit and the applicant
withdrew the variance application to pursue litigation.
• In 2010, the City Council approved an annexation and zoning (AZ-08-005) application for a
73 acre mixed-use development. The development agreement was required as a provision of
annexation; however, the applicant has not yet signed the agreement. Therefore, annexation
of the property was not finalized and the property remains in Ada County.
D. Utilities:
1. Public Works:
a. Location of sewer: Not applicable to this application.
b. Location of water: Not applicable to this application.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: NA
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3. Flood Plain: NA
VII. COMPREHENSIVE PLAN POLICIES
This property is designated "Mixed-use Regional" on the Comprehensive Plan Future Land Use
Map. The purpose of this designation is to provide a mix of employment, retail, and residential
dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses,
including residential and to avoid predominantly single use developments such as a regional retail
center.
The following standards now apply to the mix-use regional designation: 1) Residential shall comprise
a minimum of 10 % of the development area; 2) Retail uses shall comprise a maximum of 50% of the
development area; 3) There is neither a minimum nor maximum imposed on non-retail commercial
uses such as office, clean industry or entertainment uses; 4) Where the development proposes public
and quasi-public uses to support the development, the developer may be eligible for additional area
for retail development beyond the fifty percent based on specified ratios.
Sample uses may include all MU-N and MU-C categories, entertainment uses, major employment
centers, clean industry and other appropriate regional-serving uses.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Residential Zone (UDC 11-2A-1): the purpose of the residential districts is
to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
Purpose Statement of Commercial Zones (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. Six (6) 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. Residential Schedule of Use Control: UDC Table 11-2A-2 requires multi-family developments to
obtain CUP approval in an R-15 zoning district.
Commercial Schedule of Use Control: UDC Table 11-2B-2 lists uses that are principal permitted
(P), accessory (A), and conditional (C) or prohibited (-) uses within the proposed L-O, C-C and
C-G districts.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The request is for a modification to the Development Agreement (DA) to allow the applicant two
(2) years to sign the agreement. The DA has not been signed because the applicant is still
exploring options on gaining three (3) access points to Meridian Road with ITD. If ITD grants
approval of the access points, the applicant is still subject to the provisions of the UDC restricting
access to state highways and must obtain City approval (variance) for access to Meridian Road.
A conceptual site plan was proposed with the annexation of the property that depicts the proposed
access points to Meridian Road (see Exhibit A.2). A concurrent variance application was
submitted seeking Council approval of the access points but was withdrawn by the applicant. The
City Council's motion on the annexation approval included aright-in/right-out only at the quarter
mile. Formal approval of the access point was predicated on the approval of the submitted
variance. Approval of the annexation did not vest the property with access to Meridian Road.
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Therefore, the proposed access points should be omitted so the plan complies with the standards
for developments along state highways (UDC 11-3H-4). If the applicant elects to sign the DA
then a revised concept plan is required.
Staff still believes the proposed mixed-use development will be a benefit to the residents living in
south Meridian. Therefore, Staff recommends approval of the applicant's request with the
addition the applicant submit a revised concept plan removing the three access points and
the modification to DA provision #14 requiring access to Meridian Road comply with the
standards outlined in the UDC (see Exhibit A.4 for Staff s recommended changes).
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Proposed Conceptual Development Plan
3. Proposed Conceptual Building Elevations
4. Proposed Changes to the Development Agreement
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Exhibit A.1: Vicinity/Zoning Map
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Exhibit A.2: Proposed Conceptual llevelopment Plan
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Exhibit A.3: Proposed Conceptual Building Elevations
Exhibit A.4: Proposed Changes to Development Agreement
Staff recommends the following changes to the development agreement:
1. The time period in which the agreement must be signed by the owner shall be extended until
September 7, 2013.
2. Prior to DA approval, the applicant shall replace the current concept plan attached in Exhibit
A.2 with a new concept plan that depicts no access to Meridian Road.
3. DA provision #14 shall read: Any access to Meridian Road shall be in accord with UDC 11-
3H.
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