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HomeMy WebLinkAboutStaff CommentsMAYOR -Tammy de Weerd C1TY COUNCIL-~MEM_ B_ERS Keith Bird ----_ Christine Donnell Shaun Wardle - Charles M. Rountree M~"+~: ~e~~,~- Cl'1'Y OF - e. .. ~ eri~l~nu ~ ~, 5R _ _ ~Sk. Y C'~ ~~R a ~ "rRE.rt5U17H: Vnls7zY siac¢ 1903 CITY HALL (208) 888-4433 -- Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 ~- Fax 898-9551 PLANNING DEPARTMENT (208) 884-5533 ~ FAX 888-6854 MEMORANDUM: City Council Hearing Date: August 23, 2005 Transmittal Date: August 18, 2005 -.,.h .l,.w..,~ -.~...~ To: Mayor and City Council ''~....°';~ :,,~ ~.~~ ~~~ ~ - ~~'~ , From: Brad Hawkins-Clark, Principal City Planner ~~- '~~"?`~ ~ ~ ~~`~~ ~,~~-~ Subject: Cedar Springs Professional Center -Development Agreement -~`' A`~~'` ~ ~-''~`"'~= `-~~~ "~' Request for Miscellaneous Application to Modify Conditions in the Development Agreement for Cedar Springs Professional Center, by Lynn A. Brown (File No. MI-OS-00$) Staff has reviewed the above referenced submittal and offers the following comments: APPLICATION BACKGROUND & SUMMARY The applicant, Lynn A. Brown, has submitted a Miscellaneous Application (MI) to amend the recorded Development Agreement (First Addendum, Instrument #105058639) for the Cedar Springs Prafessional Center. The property is legally described as Block 25 of Cedar Springs Subdivision No. 6 and is located at the northeast corner of W. Ustick Road and N. Venable Lane. The original Development Agreement (DA) was entered into on May 6, 2002, as part of the Cedar Springs Subdivision annexation (File #AZ-00-019). A First Addendum to that DA was approved by City Council on May 3, 2005, as part of the Cedar Springs Professional Center rezone and conditional use permit (File #RZ-03-013). This applicatian is proposing a Second Addendum to the DA. Parties to the existing DA are Howell-Murdoch Develapment Corporation (represented by Kevin A. Howell) and the City of Meridian. Since the last DA was recorded, the subject property was sold and is now under new ownership. The original DA (Instrument #1020b7381) restricted use of the property to single family residential only. It was restricted only because of the R-4 zoning approved with the annexation and rezone application. The purpose of the First Addendum earlier this year was to allow the new uses that were approved under the Cedar Springs Professional Office rezone Mt-05-008 Page 1 (Neighborhood Commercial) and conditional use permit to be constructed in the subdivision (carwash, coffee stand/kiosk, fuel pumps and office). The purpose of this Second Addendum is to request a modification to two sections of the First Addendum regarding new land uses and hours of operation. Staff recommends a royal of the a licant's re uest to amend the Develo ment A reement with modifications as ro osed below. OWNER OF RECORD The owner of record for the subject property is Robert W. Montgomery. He submitted notarized consent for the subject application to be submitted by Lynn A. Brawn. STAFF ANALYSIS As noted, both the original DA and the First Addendum simply referenced land uses that were approved with the applications submitted with the annexation and rezone applications - residential only for the original DA and a carwash, coffee kiosk and offices for the second DA. The use restrictions were included in the First Addendum at the request of the applicant, even though the C-N zone was approved and would have allowed a much broader range of uses without the DA. At the time, Howell Murdoch did not anticipate any other uses other than what the conditional use permit site plan showed and, therefore, did not oppose to the DA restrictions. Pro osed Amendments C-Store: The new owner (Montgomery) is now proposing to remove a carwash bay on the south end of the carwash structure to construct a convenience store (approx. 1,$00 sq. ft.). The building square footage, parking, fuel pumps, vacuums locations and most other site plan features would remain as approved under the CUP application. All subdivision infrastructure improvements are already constructed. As proposed, the DA amendment would affect all five lots (the carwash/kiosk lot and the four office lots) and, unless modified, would allow all lots to have C-stores and 24-hour operations. Staff's understanding from the applicant, though, is that the C-stare is currently only proposed on Lat 1, Block 2S and they are not seeking to allow C-stores on any other lots. This should be clarified at the meeting. Hours of Operation: The applicant is also proposing the C-store be permitted to operate as a 24-hour operation. The First Addendum and conditional use permit include the fallowing restrictions on hours of operation within Cedar Springs Professional Center: • Drive-through coffee stand - 6:OOam to $:OOpm • Carwash and fuel pumps - 24 hours • Fuel delivery and refrigerated truck operation - 7:OOam to 6:OOpm MI-OS-008 Page 2 So, since the existing DA and CUP already allow the carwash and fuel pumps to operate for 24 hours, if this MI application is approved, the only change to the hours of opet'ation would be adding the C-store as also being permitted to operate for 24 hours. Staff believes there are three main questions that the City Council should address in reviewing this application: 1. Was there neighborhood opposition and/or concern to retail or C-store uses during the original Cedar Springs Professional Center public hearings? Staff reviewed the minutes from bath the Pc~CZ Commission and City Council public hearings for the Cedar Springs Professional Center RZ and CUP applications. Mr. Joe Simunich, property owner on the south side of Ustick Road, was the only neighbor to testify at the Pc~CZ Commission hearing. He opposed the office and auto- oriented uses adjacent to an elementary school. He also stated his preference for residential uses and that a carwash is not needed in this part of the city. Mr. Simunich and Mr. Bill Jackson both testified at the City Council hearing. Mr. Simunich repeated his concerns and Mr. Jackson agreed. Mr. Jackson also encouraged the City Council to not commingle fuel dispensing with residences and schools. There were specific references to C-stores made during the Marchl6, 2004 City Council meeting. These references are quoted below: • Councilman Wardle: I would just Zike to say, as far as the commercial development and the level of commercial, we are certainly not looking at a Maverick convenience store. We are looking at several smaller commercial entities, a car wash, and what I perceive to be a gas card fuel pump center, which would have probably much less impact than a convenience store, and so I see that as meeting the needs of the Comprehensive Plan. • Councilman Bird: I would echo that. • Councilman Nary: I guess on that same line, Anna, I think I heard Mr. Fluke say that this was the lowest intense use of zoning for the commercial zoning. I mean, is a C-store even allowed in that type of zone... ? • Powell: I believe it actually is. (They are permitted without a CUP in the C-N zone) So, while the City Council did not specifically request C-stares be prohibited by the DA, it could be inferred that the Council granted the C-Nzone and CUP with the understanding that a C-store was not being proposed and this made them more comfortable with the approval. 2. Do the proposed DA modifications conform with the Zoning Ordinance and Comprehensive Plan? MI-OS-008 Page 3 Zoning Ordinance -Both the pending Unified Development Code and the existing Schedule of Use Control allow Convenience Stores as a permitted use. Other retail uses are conditional. The ordinance does not address 24-hour operations directly. These are incorporated into the general operating standards of each zone which address neighborhood compatibility and other general noise and light standards. Comprehensive Plan -The Future Land Use Map designates this area as Mixed Use-Community and as a Neighborhood Center. The intent of'the area is to function as an activity center where residents within a one to two mile radius can obtain daily services. Chapter VII (page. 98) of the Comprehensive Plan does list convenience stare-type uses as being encouraged in these centers and meet the intent of this policy. 3. Is a C-store an appropriate use adjacent to a future elementary school? On August 17`h, Staff spoke with Wendell Bigham of Joint School District No. 2 and asked for any comments on the subject application.. Mr. Bigham said the District has addressed this issue in other areas and does not appose this type of use. Idaho Code 23-303 does prohibit liquor stores or distribution stations within 300 feet of schools. The proposed C-store would exceed this distance. Idaho Cade 67-b533 also prohibits sexually explicit and obscene material from being Bald within 2, S00 feet of schools. It is not clear from the application if this type of material would be available at this location. It is unclear as to the specific amount of tra~c the proposed C-store would generate. ACHD does calculate higher traffic volumes from a C-store than a carwash. This would especially true if the C-store was approved fora 24-hour use. STAFF RECOMMENDATION If this application is approved as submitted, a new condition will be added to the DA which adds C-store as a permitted use. Staff generally supports the proposed change. However, we do recommend a restriction that the C-store use and 24-hour operation be allowed only on Lot 1, Block 25 of Cedar Springs Subdivision No. d, and not apply to all five lots. The City Council has the option of preserving all, some or none of the existing DA conditions. Please note that if the Council chooses to approve this application, there would be no conditions of approval. It is solely a request to amend the existing DA. MI-OS-008 Page 4