Staff ReportSTAFF REPORT
HEARING DATE: April 16, 2013
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: MDA-13-005 -Sadie Creek Promenade
L SUMMARY DESCRIPTION OF REQUEST
E II~II`~T,--
1t3At~t9
The Applicant, Sadie Creek Commons, LLC, is requesting to amend the recorded Sadie Creek
Promenade development agreement (instrument # 108008770) for the purpose of attaching a new
concept plan and modifying certain provisions of the existing agreement.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the development agreement modification application as detailed in
Section VII of the staff report.
III. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number MDA-
13-005, as presented in Staff Report for the hearing date of April 16, 2013, with the following
changes: (insert any changes here). I further move to direct Legal Department Staff to prepare a
Development Agreement for this site that reflects the changes noted in Exhibit A.S.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number MDA-13-
005, as presented during the hearing on April 16, 2013. (You should state why you are denying the
request.)
Continuance
I move to continue File Number MDA-13-005 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 southwest corner of N. Eagle Road
and E. Ustick Road in the southwest'/4 of Section 5, Township 3 North, Range 1 East.
B. Applicant/Owner(s):
Sadie Creek Commons, LLC
10789 W. Twain Avenue, Suite #200
Las Vegas, NV 89135
C. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is a request for a development agreement modification. Per Meridian City
Code, a public hearing is required before the City Council on this matter.
B. Newspaper notifications published on: March 25, and Apri18, 2013
C. Radius notices mailed to properties within 300 feet on: March 21, 2013
Sadie Creek Promenade MDA- 13-005 Page 1
D. Applicant posted notice on site by: April 4, 2013
VI. LAND USE
A. Existing Land Use(s): The subject property is vacant commercial property, zoned C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is
primarily surrounded by commercial development except for the west and a portion of the south
boundary.
C. History of Previous Actions:
• In 2004, a portion of the property was annexed and zoned C-G (General Retail and Service
Commercial District) with the Kissler/CobbsBagy/Ruwe annexation (AZ-03-018). A
development agreement was required with the annexation of the property (DA # 104107406).
In 2005, the remaining portion of the property (approximately 7.7 acres) received annexation
(AZ-OS-052) approval. A development agreement (DA), recorded as instrument #108008770,
was required at the time of annexation approval. A preliminary plat (PP-OS-053) and
conditional use permit (CUP-OS-049) was also approved fora 15.33 acre mixed use
commercial development as required by the original development agreement. The approval of
the conditional use permit/PD (CUP/PD) satisfied the CUP condition of the previous DA.
However, those approvals have expired. The subject amendment proposes to remove the
requirement for obtaining CUP approval.
VII. STAFF ANALYSIS
The applicant is requesting to modify the recorded development agreement (DA) approved for the
Sadie Creek Promenade project. The recorded DA allows the development of approximately 150,000
square feet of retail, restaurant and office uses. With the approval of the project, a concept plan was
submitted for informational purposes only and was not tied to the recorded DA. As such, the
applicant has a new vision for how the property may development and has submitted a concept plan
which is to be tied to the amended development agreement. The applicant states the site will generally
develop with similar square footages thus the stated square footages in the recorded DA are not
proposed to change. Additional DA changes are requested to further facilitate the development of the
commercial property.
The applicant's narrative states provisions 1, 2, 3, 4, 6, 7 and 11 in Section 6: "Conditions Governing
Development of the Subject Property" will remain as stated in the recorded document. However,
several provisions are requested to be modified as follows:
NOTE: The changes proposed by the applicant are in strike-out and underline format. Staffs
comments and changes are bold, italized ancUorstrfke-through format.
Provision #5: That prior to the issuance of a certificate of zoning compliance for the office lots west
of Centrepoint WaX, all landscaping shall be constructed along the western properly and along Ustick
Road to the point of connections with c°a;° r,.°°~. n.,°~„° Centrepoint Way. These office lots should
include either a permanent easement or be redesigned to include landscaping in common lots
including a masonry block wall on the western boundary. (Staff supports the recommended change.)
Provision #8: '
° °''*°~~°a The UDC now requires the applicant
obtain CUP approval if a drive through use is within 300 feet of another drive through or a
residential district. Staff is of the opinion the UDC adequately addresses the placement of drive
throughs therefore staff supports this provision being removed from the development agreement)
Provision #9: That all accesses for Sadie Creek Promenade Subdivision shall be taken fi~isl~
at existing Ustick Road driveway locations constructed by
Sadie Creek Promenade MDA- 13-005 Page 2
ACRD with the Ustick Road widening_project. Currently, a public street (Centrepoint Way) is
constructed on the property and the two curb cuts exist along E. Ustick Road The public street is a
signalized intersection. The two curb cuts align with the driveways approved with the Centrepoint
development located north of this development. The central curb cut will be full access and the
eastern most driveway will be right-in/right-out only. The approved access points were approved to
Ustick Road because access was not granted to Eagle Road. (Since the proposed access points are
consistent with the development to the north and access is not proposed to Eagle Road, Staff
supports the access to Ustick Road)
Provision #10: That the buildings west of Centrepoint Way T ^'~ ' °~a' ^F"'^^'~' ^r+''° ^~+° ~'^~
are for office uses only. Non retail uses shall be located on these lots. All
other lots shall be limited to Office/Retail/Restaurant/Drive through uses and General Commercial
uses listed as permitted in UDC Table 11-2B-2. Any uses not listed as
permitted shall be subject to conditional approval. (Staff recommends removing the reference to the
drive through for reasons stated above (f not within 300' of another drive through or residential
district no CUP will be required). Further a new concept plan has been submitted that does not
reference any lots and blocks.)
New Provision # 12: Owner shall be allowed to obtain approval of ~rp-te two (2) Certificate of Zoning
Compliance applications ' ,prior to recording a final plat.
.Any subsequent
CZC approval shall not be granted until a final plat is recorded and the central private
street/commercial driveway is extended from the south boundary to E. Ustick Road as depicted on
the submitted concept plan. (The applicant has requested this as a new provision. Staffs supports
the new provision with changes by staff.)
As mentioned above, the original development agreement requires CUP approval for a planned
development. Since the previous CUP/PD has expired, this requirement of the original development
agreement has not been satisfied. Because the annexation of this property pre-dates the adoption of
the UDC (which no longer requires a planned development because the schedule of use is accurate),
staff recommends removing the detailed CUP/PD requirements from the original DA and DA
#108008770. The applicant has provided a new legal description that depicts the area subject to these
agreements. The concept plan will serve as the exhibit map that depicts the boundary of the project
(see Exhibit A.3 and A.4).
As mentioned above, the submitted concept plan will be tied to the amended development agreement.
The proposed concept plan depicts fourteen (14) buildings ranging in square footages between 1,705
square feet up to 22,910 square feet. Proposed accesses include a public street, one full access point
and aright-in/right-out only access to point E. Ustick Road. A central private street/commercial drive
aisle is also planned to connect the E. Ustick Road full access point with the private street constructed
within the Bienville Square Subdivision to the south. A central plaza area is proposed as an amenity
for the development; although not located in an ideal location within the development. Staff has
required the construction of the plaza area however; the applicant should reevaluate the location of
the amenity when development is planned for the site.
The design concepts staff supports with the submitted concept plan are as follows:
1) the range in the bulk and scale of the buildings;
2) several of the buildings are towards the streets without large expansions of parking areas;
3) the central plaza;
4) the interconnectivity within the development and the property to the south and;
Sadie Creek Promenade MDA- 13-005 Page 3
5) the office uses along the west boundary to provide transitional uses between the single homes and
the commercial development.
In general, staff believes the submitted concept plan details the development of the site far better than
the previous plan.
In addition to the changes recommended above, staff recommends several additional sections of the
recorded DA be amended and the addition of several new provisions as follows:
1) Include the new legal description and concept plan as an Exhibit to the amended DA.
2) Add provision #13: The subject 14.79 acres is no longer subject to the requirements set forth in
DA # 104107406. (The City has adopted design guidelines that will be used to address the
development in conjunction with the submitted concept plan therefore, staff is of the opinion
detailed site plan review through a conditional use process is no longer necessary. Future
buildings on the site will be subject to certificate of zoning compliance and administrative
design review approval.)
3) Add Provision #14: Development of this property shall substantially comply with the submitted
concept plan approved with MDA 13-005 and include a central plaza area.
4) Section 4.1: (New language) Construction and development of up to 150, 282 square feet of
retail/restaurant/office uses in a C-G zone on 14.79 acres pertinent to file MDA13-005. (Remove
the language that references the Kissler annexation and the approved preliminary plat and
conditional use permit applications.)
5) Section 5: Delete this section from the development agreement. (This section requires the City
approval of a conceptual site plan through a conditional use process prior to any construction
commencing on the property. Since staff is supportive of the new concept plan and future
development will require CZC and DES approval, staff is of the opinion this section should be
deleted from the DA.
Staff recommends approval of the development agreement modification with recommended changes
attached in Exhibit A.S.
VIII. EXHIBITS
A. Maps/Other
1. Vicinity/Zoning Map
2. Original Concept Plan
3. Proposed Concept Plan
4. New Legal Description
5. Proposed DA Provisions
Sadie Creek Promenade MDA- 13-005 Page 4
Exhibit A.1 -Vicinity/Zoning Map
Sadie Creek Promenade MDA- U-005 Page 5
Exhibit A.2 -Original Concept Plan
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~ 5,184 SF ~ •~4 S 5,508 SF ~ ~"~~7~ t~7Tj7~"jj~(~jJ~~~
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19,312 SF
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SF PRON10E0 = 113,866 SF
PARKING REWIRED =300 SPACES
PARKMG PROVIOEO = 640 SPACES
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Sadie Creek Promenade MDA- 13-005 Page 6
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Exhibit A.3 -Proposed Concept Plan
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Sadie Creek Promenade MDA- 13-005 Page 7
Exhibit A.4 -New Legal Description
DESCRIPTION FOR 12ADIE CREEK PROMENADE
?12812013
A PARCEL OF LAND LOCATED NJ THE NE Y. OF THE NE `/. OF SEGTION b, TOWI~ISFgP 3 NORTH,
RANGE 1 EAST OF THE BOISE MERIDWV, CiIY OF MERIDIAN, ADA COUNTY, N)AHO, BEING
MORE PARTECUUIRLY OESCRiBEO AS FOLL0IMS:
COMIMENCENG AT THE NCNTTHEAST CORNER OF SECTION S, TOWNSHIP 3 NORTH, RANGE 1
EAST, BOISE MERIDIAN, THENCE S 00"00"00" W, 69.15 FEET ALONG THE EAST UNE OF $/11D
SECTION 5 TO A POINT; THEME N 90.00'00" W 44.39 FEET TO A POINT ON THE WEST RIGHT
OF WAY OF EAGLE ROAD, THE REAL POINT OF BEGINNMICi OF THIS DESCRIPTION;
THENGE S 01.14'39" W, b&Z,46 FEET ALONG SAID RIGHT OF WAY TO THE NORTHEAST
CORNER OF BIIcNVILLE SQUARE SUBDNISKkV;
ALONG THE NORTH BOtRJDARY OF BIENVILI.E SQUARE SUBDIVISION THE FOLLOWING;
THENCE N 83'S4'00" W, 610.21 FEET TO A POINT;
THENCE N 71'28'10" W, 603.90 FEET TO THE NORTHWEST GORN£R OF BIEDIV~LE SQUARE
SUBDIVISION;
THENCE N 00.1511" W, 315.79 FEET ALONG THE EAST BOUNDARY OF GAROL'S SUBDIVISION
N0.2 TO A PONNT ON THE SOUTH RIGHT OF WAY OF USTK:K ROAD;
ALONG THE SWTH RK}HT OF WAY OF USTICK ROAD THE FOLLOWING:
THENCE N 89.39'20' E SZ3.50 FEET TO A POINT;
THENCE 6 89'23'18` E 264,39 FEET TO A POINT;
'THENGE S 86'01'47' E 160.57 FEET TO A PdNT;
THENCE N 89.39'20' E 181 Ad FEET TO A POINT;
THENCE S 44'30'08' E, 45.83 FEET TO THE REAL POINT L1F BEGNYNNV~i OF TENS DESCRIPTION,
CONTANVING 14.788 ACRES MORE OR LESS.
MICHAEL E. MARKS, PLS 4908
Sadie Creek Promenade MDA- 13-005 Page 8
Exhibit A.5 -Recommended Development Agreement Changes
1) Section 4.1: Construction and development of up to 150, 282 square feet of retail/restaurant/office
uses in a C-G zone on 14.79 acres pertinent to file MDA13-005. (Remove the language that
references the Kissler annexation and the approved preliminary plat and conditional use permit
applications.)
2) Section 5: DELETE
3) Provision #5: That prior to the issuance of a certificate of zoning compliance for the office lots
west of Centrepoint Way, all landscaping shall be constructed along the western property and
along Ustick Road to the point of connections with Centrepoint Way. These office lots should
include either a permanent easement or be redesigned to include landscaping in common lots
including a masonry block wall on the western boundary.
4) Provision #8: DELETE
5) Provision #9: That all accesses for Sadie Creek Promenade Subdivision shall be taken at existing
Ustick Road driveway locations constructed by ACRD with the Ustick Road widening project.
6) Provision # 10: That the buildings west of Centrepoint Way are for office uses only; on retail uses
shall be located on these lots. All other lots shall be limited to Office/Retail/Restaurant/Drive
through uses and General Commercial uses listed as permitted in UDC Table 11-2B-2; any use
not listed as permitted or prohibited shall be subject to conditional approval.
7) New Provision # 12: Owner shall be allowed to obtain approval of two (2) Certificate of Zoning
Compliance applications, prior to recording a final plat. Any subsequent CZC approval shall not
be granted until a final plat is recorded and the central private street/commercial driveway is
extended from the south boundary to E. Ustick Road as depicted on the submitted concept plan.
8) New provision #13: The subject 14.79 acres is no longer subject to the requirements set forth in
DA # 104107406.
9) New Provision # 14: Development of this property shall substantially comply with the submitted
concept plan approved with MDA 13-005 and include a central plaza area.
10) (Include the new legal description and concept plan as an Exhibit to the amended DA.)
Sadie Creek Promenade MDA- 13-005 Page 9
Machelle Hill
From: Matthew Schultz
Sent: Thursday, April 11, 2013 5:14 PM
To: Bill Parsons; Ted Baird; Bill Nary; Machelle Hill; Jaycee Holman; Jacy Jones
Cc: Caleb Hood; Bruce Freckleton
Subject: Re: Sadie Creek MDA Staff Report for 04/16/13 CC MTG
Hey Bill,
I think everything is covered we concur with your additional modifications...I do see a typo on the last page
#6....should say NO retail uses instead of ON retail uses.
Matt Schultz
PO Box 1115
Meridian, ID 83680
(208) 880-1695
www.schultzdevelopmentco.com
From: Bill Parsons <bparsons@meridiancity.org>
To: Ted Baird <tbaird@meridiancity.org>; Bill Nary <bnary@meridiancity.org>; Machelle Hill <mhill@meridiancity.org>;
Jaycee Holman <jholman@meridiancity.org>; Jacy Jones <jjones@meridiancity.org>; Matthew Schultz
<schultzdevelopment@yahoo.com>
Cc: Caleb Hood <chood@meridiancity.org>; Bruce Freckleton <bfreckleton@meridiancity.org>
Sent: Thursday, April 11, 2013 5:00 PM
Subject: Sadie Creek MDA Staff Report for 04/16/13 CC MTG
Attached is the staff report for the proposed Sadie Creek development agreement modification application (File
#MDA-13-005). This item is scheduled to be on the City Council agenda on April 16, 2013. The public hearing
will be held at City Hall, 33 E. Broadway Avenue, beginning at 7:00 pm. Please call or e-mail with any
questions.
Matt -Please submit any written response you may have to the staff report to the City Clerk's office
(jholman(a~meridiancity.org, mhill(cr~,meridiancity.org, and jjonesnmeridiancit~org) and myself (e-mail or fax)
as soon as possible.
Bill Parsons, AICP
Associate City Planner
Community Development Department
33 E. Broadway Avenue
Meridian, Idaho 83642
PHONE: (208) 884-5533
FAX: (208) 888-6854
bparsons @meridiancity. org