Loading...
Sadie Creek Promenade MDA-13-005CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDIZ IAN~- ~J In the Matter of the Request for a Development Agreement Modification for the Purpose of Attaching a New Concept Plan and Modifying Certain Provisions Recorded with the Existing DA for Sadie Creek Promenade, Located on the Southwest Corner of N. Eagle Road and E. Ustick Road, by Sadie Creek Commons, LLC Case No(s). MDA-13-005 For the City Council Hearing Date of: April 16, 2013 (Findings on May 7, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 16, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 16, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 16, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 16, 2013, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-I3-005 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 16, 2013, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a development agreement modification is hereby approved per the provisions in the attached Staff Report for the hearing date of April 16, 2013, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The amended development agreement shall be signed by the property owner(s) and returned to the City within two (2) years of the City Council granting the approval (UDC 11-SB-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-SB- 3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of April 16, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-13-005 -2- ~J ~, By action of the City Council at its regular meeting held on the / day of , 2013. COUNCIL, PRESIDENT BRAD HOAGLUN VOTED_~ COUNCL, VICE PRESIDENT CHARLIE ROUNTREE VOTED~G~ COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL, MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Zy Mayor Tamx~Cy e Weerd Attest: Clty /R~TLD ALCU ~, ~~ ~° '90 "' City o: E IDI~ IAN,#... IOANO /~ ~'~ SEAL ti`~ `°yT JP ~~~!'he'tRE ~SU~4. Copy served upon Applicant, The Planning Public Works Department and City Attorney. By. 1 ~ of`- - Dated: ~- R s ~ City Jerks f ce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-73-005 -3- EXHIBIT A STAFF 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 I. .SUMMARY DESCRII'TION OF REQUEST ll)Atlt7 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. The Meridian City Council heard this item on A r~l 16, 2013. At e public hearing. the Council approved the ubiect MDA reane t ~, ummary of Citv Council Public Hearing: y in favor: Matt Schultz 11. In opposition: None 111. Commentin~:.Iustin Lucas and Steve Grant iy. Written testimony: None Y. Staff nresentin~ application: Bill Parsons yi. Other staff commenting on application: None ~_ ev I ue of Di c ~ ion by ouncil: i. Access to E. Ustick Road and future access restrictions (center medians vs. pork opsl to said roadway. ii= irculation patterns with the development of the future drive-through establishments. 111. Extension of the decorative masonry wall along the west boundary. The designn of the wall is to match the wall installed with the Bienville Sauare Subdivision as ' ied by the adiacent neighbor iY. esinn of the fu_ tore commercial buildi h~lacent to the residential uses and the public streets. ~ stablishin~ exclusivity easement for the adiacent residential neighbors adiacen the future wall the right to use and improve landscape strip on the east side of the wall. ~, Kev Council Chanu_es to Staff Recommendation L None 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- Sadie Creek Promenade MDA- 13-005 Page 1 EXHIBIT A 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 D. Applicant posted notice on site by: Apri14, 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/Cobbs/Eagy/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 (CUPlPD) 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 Sadie Creek Promenade MDA- 13-005 Page 2 EXHIBIT A 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 and/or strike-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 property and along Ustick Road to the point of connections with ~'-a~° ~r°°'~ ^-~°~••° 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: ' . 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 takenfire-i~isl£ at existing Ustick Road driveway locations constructed by ACHD 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 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 r °+~ ' ^~a' ^r'''°^'~' ^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 itp-te two (2) Certificate of Zoning Compliance applications ~° ^^°^~^' -.,SFl. Fl.~. r r ".,,:,,,. a:nF..:nF prior to recording a final plat. . Any subsequent CZC approval shall not be granted until a final plat is recorded and the central private streetlcommercial 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 Sadie Creek Promenade MDA- 13-005 Page 3 EXHIBIT A agreement has not been satisfied. Because the annexation of this properly 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; 5) the office uses along the west boundary to provide transitional uses between the single family 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 and to ensure the site develops consistent with the submitted concept plan, 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 Sadie Creek Promenade MDA- 13-005 Page 4 EXHIBIT A 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. Recommended Development Agreement Changes Sadie Creek Promenade MDA- 13-005 Page 5 EXHIBIT A Exhibit A.l -Vicinity/Zoning Map v __ _ _ - __ V ~ ~- --- - - - - - --- -- 1 C-1~ -- - ~ f w - a4i ~ r.' e~ -- E Te ate Ln -- --- - R-A 21 _. _- ir I RUT - ~ ~ _ __. 2 $ ~ -l5 .~ E o elo~ Ln R-2 -- ~ --- Z i c _ i ~ R_2 r n t g urbe~~ --:`` J - ~ ~ L.,q R- I2-4 -- --- --- -- Ll0 -- C-C 12-40 2_ Sadie Creek Promenade MDA- ] 3-005 Page 6 EXHIBIT A Exhibit A.2 -Original Concept Plan W USTICK ROAD ~+ C4~CA4fl@llr,l~ld>tgli>aE4~1lI~IC~t7~11~31~f10RRili/lkll~IlO{llll~N~iY>~iil!>Et1~Ci~l10AbISiAM11D~11111~[il~tl 1lswll~rl~1! ~ 5,184 SF i .644 5,508 SF ~ ~'rTTTE11ITU1TT17T~f1~ ~~j77(JT~(~?'~rTiT~ y Ir ! ~ ~ ~ s r1~~ _ i1 a ~i~~~~~(~!~(a t `i Q ~ I g jl ~ ~~i (tJ (nJJ.J,,J~~,)j~~mo~~ 13,668 SF ~ l r r 1 ~ 11.368 SF I - _ 6,732, SF _ ~ #: 11 4,896 SF 34,g3~3 SF ~ ""' < < 1 t U ~ yi + dD~r O ~~JJ °~dal~,tf _4 ~ _ 5,740 L +~rrr~rr~'t+ 19,31'2 SF 1 + r ~ SF ~ ~; i~ ~ "~ `rArr - `~ ta#1r+~lrtl4rrerrrrrlcra! SF ALLOWED = 150,282 SF SF PROVIDED = 113.866 SF ~ PARKING REQUIRED =300 SPACES ~ EXISi1NG COId11fERCMI PARKING PROVIDED = 640 SPACES .. , \~....._- - 11 ~ © G-~ I O w J i~ Z Sadie Creek Promenade MDA- 13-005 Page 7 EXHIBIT A Exhibit A3 -Proposed Concept Plan _ i ~,,..~. ~, '1 I I ~ 1 ~ ~ I N 'ahi a-+ Sadie Creek Promenade MDA- 13-005 Page 8 EXHIBIT A Exhibit A.4 -New Legal Description DEHCRNYfION ROR SADIE CREEK PROMLt1A~DE 2/21512013 A PARCEL OF LAND LOCATED IN THE NE Y~ OF THE NE 5G OF SECTION 5, TOW~FItP 3 NORTH, RANGE 1 EAST OF THE 801SE MERIOtMt, CITY OF MERIDIAN. ADA COUNTY, IDAt10, BEING MORE PARTICULARLY DESCRIED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 6, TOWNSHIP 3 NORTH, RANfiE 1 EAST. BOISE MERIDIAN. THENCE S 00'00'00'" W, 88.15 FEET ALONG THE EAST LINE OF SAID SECTION 5 TO A PONJT; THENCE N 80'00'00" W ~/{.~ FEET TO A P08VT ON THE WEST RIGHT OF WAY OF EAGiLE ROAD. THE REAL POINT OF BEOINNfNt3 OF THIS DESCRIPTION; THENCE S 01.14'38" W. 682.48 FEET ALONG SAID RIGHT OF WAY TO THE NORTHEAST CORNER OF BIENIALLE SQUARE 5U8DMSKNJ; ALONG THE NORTH BOUNDARY OF BIENVILLE SQUARE SU8t11VISKN~1 THE FOLLOWING: THENCE N 83'S4'00" W, 510.21 FEET TO A POINT; THENCE N 71'211'40" W, 60J.80 FEET TO THE NORTHWEST GORNER OF BIENVILI.E SQUARE SUBDIVISION; THENCE N 00.1511" W. 316.78 FEET ALONG THE EAST BOUNDARY OF CAROL'S SUf3i71VISION N0.2 TO A PANT ON THE SOUTH RIGHT OF W6AY OF USTK:K ROAD; ALONG THE SOUTH RK3HT OF WAY OF USTICK ROAD THE FOLLOoWING: THENCE N 88'x'20' E 825.60 FEET TO A POINT; THENCE 589'23'16` E26/.30 FEET TO A POINT; THENCE S 80'01'47" E 100.bT FEET TO A POINT; THENCE N 80'38'2d' E 181 A6 FEET TO A POINT; THENCE S 44.30'08' E, 45.83 FEET TO THE REAL POINT OF BEGkNfNlwiCi OF THIS DESCRIPTION, GONTAMMNG 14.788 ACRES MORE OR LESS. MICHAEL E. MARKS. PLS 4808 Sadie Creek Promenade MDA- 13-005 Page 9 EXHIBIT A 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 ACHD with the Ustick Road widening project. 6) Provision # 10: That the buildings west of Centrepoint Way are for office uses only; no 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 10