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Staff ReportSTAFF REPORT Hearing Date: January 24, 2012 TO: Mayor & City Council E IDIAN~--~ FROM: Sonya Watters, Associate City Planner I D A H O 208-884-5533 SUBJECT: MDA-11-012 -Meridian Town Center (CenterCal Property) I. SUMMARY DESCRII'TION OF APPLICANT'S REQUEST The applicant, Meridian CenterCal, LLC, requests approval to modify the development agreement (MDA) (Instrument No. 108131103 & 111055939) for the CenterCal portion of Meridian Town Center. The modification is proposed at the request of the Idaho Transportation Department (ITD) to clarify that land use applications are subject to their project specific comments and to include limitations on certificates of occupancy that tie improvements on Eagle Road to phasing of development. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as shown in Exhibit A. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number MDA-11-012 as presented in the staff report for the hearing date of January 24, 2012, 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-11-012 as presented during the hearing on January 24, 2012, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number MDA-11-012 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 7455 SW Bridgeport Road, Ste. 205 Tigard, OR 97224 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: January 2, and 16, 2012 C. Radius notices mailed to properties within 300 feet on: December 29, 2011 D. Applicant posted notice on site by: January 13, 2012 VI. LAND USE A. Existing Land Use(s) and Zoning: This site is currently in the development process and is zoned C-G (General Retail & Service Commercial). 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. • A development agreement modification (MDA-11-002) was approved in 2011 to include a new conceptual development plan and changes to the text of the agreement. 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 changes to specific uses are proposed with this modification. Certificates of Zoning Compliance have been issued for the project consistent with approved concept development plan in the DA. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The request is for a modification to the Development Agreement (DA) (Instrument No. 111052692) for Meridian Town Center. The proposed modifications are at the request of ITD and include a clarification that land use applications are subject to project specific comments from ITD as well as ACHD; and limitations on Certificates of Occupancy (C of O's) that are tied to phasing of development. No limitations on occupancy will apply to the first phase of developed area up to 680,000 square feet (s.£). No C of O's for the second phase of development (that exceeds 680,000 s.f. up to 950,000 s.f.) will be issued until Phase 2 highway construction is commenced by providing surety as referenced in the Sales Tax Anticipation Revenue (STAR) Reimbursement Agreement agreed upon by the developer, ACHD and ITD. No C of O's for the third phase of development (that exceeds 950,000 s.f.) would be issued until Phase 3 highway construction is commenced by providing surety as referenced in the STAR agreement. The applicant's proposed text changes are included in Exhibit A. Staff's recommendation is included in blue italicized text after that proposed by the applicant. In summary, staff recommends approval of the proposed modification. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Applicant Proposed Changes to Development Agreement ~1~ ~_ -€ ~~ ~~ i' f~ ~. ~~~'f ~ ~., ,~ ~~ i ~~ ~; 4 ~. ,' r L_ ~y~ Exhibit A.1: Vicinity Map ~~'-~~ i _.... __ ~I -~ l~ r~Ja~ik ~~ T?, ~ ~ ~~ -~~ _~~ LL ~~ 1 ~ ------< ~~ ~^ ~ L~.L._~'" ~-i_~ 11 ~ }-~ ^ ~ ~ ~ •~ ~ tr , ~ _',._ i L Z j-~ Exhibit A.2: Applicant Proposed Changes to Development Agreement Applicant's proposed changes ar-e noted in black str°ike-oi-~t/a~nderline format, staff's recommendation is noted below in bh~e italics. SECTION 5 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 and ITD'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. Staff reconarnends approval of the proposed cltai~ge SECTION 13 CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by City. No Certificates of Occupancy shall be issued that would brim- the total amount of Owner/Developer's occupancypermitted space (whether retail commercial residential or other~o any amount exceeding 680 000 total developed square feet unless and until Owner/Developer has commenced the second phase of construction by providing the surety referenced in Section 3 4 of the Sales Tax Anticipation Revenue Reimbursement Agreement agreed to by the Owner/Developer ACHD and ITD ("STAR Agreement") No Certificates of Occupancy shall be issued that would brim the total amount of Owner/Developer's occur ncy_pernitted space (whether retail commercial residential or other to any amount exceeding 950 000 total developed square feet unless and until Owner/Developer has commenced the third phase of construction b~providin~ the surety referenced in Section 3.4 of the STAR Agreement. Staff recommends approval of the proposed change.