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CC - Staff Report Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: October 16, 2018 TO: City Council FROM: Josh Beach, Associate City Planner 208-489-0578 SUBJECT: H-2018-0103 Calderwood Business Park MDA PROPERTY LOCATION: Southeast corner of S. Meridian Road and E. Calderwood Drive, in the NW ¼ of Section 19, T.3N., R.1E. I. PROJECT DESCRIPTION Request for a modification to an existing development agreement to allow for minor vehicle repair uses on the subject property. II. SUMMARY OF REPORT A. Project Summary Details Page Acreage 4.08 Future Land Use Designation MDR (Medium Density Residential) Existing Land Use Retail, Office, Vacant Proposed Land Use(s) Retail and Office and Minor Vehicle Repair Current Zoning C-G and L-O Proposed Zoning C-G and L-O Physical Features (waterways, hazards, flood plain, hillside) None History (previous approvals) RZ-04-009, PP-04-023, CUP-04-025, FP-04-067, RZ-15-002, MCU-15-001 and VAC-15-002 Page 2 B. Project Area Maps Zoning Map Aerial Map III. APPLICANT INFORMATION A. Applicant: Jeff Likes, ALC Architecture 1119 E. State #120 Eagle, ID 83616 B. Owner: GGR, LLC PO Box 2579 Eagle, ID 83616 C. Representative: Jeff Likes, ALC Architecture IV. NOTICING A. Newspaper notification published on: September 28, 2018 B. Radius notice mailed to properties within 300 feet on: September 21, 2018 C. Applicant posted notice on site on: October 5, 2018 D. Next door posting: September 25, 2018 E. Neighborhood meeting date and number of attendees: June 18, 2018; 7 attendees V. STAFF ANALYSIS The applicant wishes to modify the original development agreement to allow for minor vehicle repair within the development. With the current DA (Instrument # 2015-043235), the Council approved a conceptual development plan and specifically disallowed several uses that would otherwise be allowed within the C-G and L-O zoning districts. Minor Vehicle Repair was one of the uses specifically prohibited within the development due to the close proximity of residential uses. The previously approved concept plan depicts three office pads, three commercial pads and one drive- through pad. The drive-through pad has since developed as a Dutch Bros coffee kiosk. The concept plan is not being modified as part of this application, however, the applicant wants to be allowed to have minor vehicle repair allowed within the development agreement. The original DA limits the uses in the development because of the proximity to sensitive residential areas such as the residential care facility further to the east. Staff is of the opinion that the C-G portion of the development is far enough (approximately 193 feet) from the care facility that allowing Page 3 the remainder of the previously prohibited uses will not adversely impact the residential areas surrounding the development. In addition to the 193 foot distance between the two uses, there is also a drive aisle, two five foot landscape buffers, several buildings and a public street between them. Admittedly, there is a residential property that abuts the south side of the proposed minor vehicle repair use, but the overhead doors will face north, and the applicant is required to install a 25 foot landscape buffer to the south, so any sound impacts should be minimal. The proposal to change the previously prohibited uses a permitted only applies to the C-G zoning designation. The previously prohibited uses would remain as prohibited in the L-O zoning designation. Allowing minor vehicle repair within the development would still require the applicant to obtain a certificate of zoning compliance and administrative design review approvals, both administrative- level applications, prior to obtaining a building permit. Lastly, there was a property boundary adjustment (PBA) application submitted to modify the parcel boundaries within the plat (A-2018-0241). The PBA received tentative approval from the Planning division, however, staff has become aware that a common lot was inadvertently included in a larger parcel. The final plat for Larkspur Subdivision No. 1 lists Lot 5, Block 1 as a common lot. In order for the lot to be included in the larger commercial lot, the applicant will be required to receive approval of a final plat modification to remove that lot as a required common lot for the subdivision. VI. DECISION Staff recommends approval of the proposed development agreement modification application as shown in Section VIII. Page 4 VII. EXHIBITS A. Legal Description & Exhibit Map Page 5 Page 6 Page 7 VIII. STAFF RECOMMENDED CHANGES TO THE DEVELOPMENT AGREEMENT 5. PLANNING DIVISION 5.1 Owner/Developer shall develop the property in accordance with the following special conditions: E. Development of the subject property shall comply with the C-G and L-O dimensional standards listed in UDC 11-2B-2., The following uses shall only be allowed within the C-G zoning district portion of the development: except for the following uses which are prohibited: drinking establishments, minor vehicle repair, equipment rental, sales and service, wireless communication facility, vehicle washing facility, fuel sales facility, outdoor recreation facility and vehicle sales and rentals. M. Prior to applying for a certificate of zoning compliance for any parcel within the new Lot 7, Block 1 as shown in Record Of Survey 11483, the applicant shall receive approval of a final plat modification to remove Lot 5, Block 1 as a common lot within the recorded plat for Larkspur Subdivision No. 1. 2. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=155576 3. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/156164/Page1.aspx