HomeMy WebLinkAboutCedar Springs Professional Center MI-05-008
BEFORE THE MERIDIAN CITY COUNCIL
C/C August 23, 2005
IN THE MATTER OF THE
APPLICATION FOR LYNN
BROWN TO MODIFY THE
APPORVED DEVELOPMENT
AGREEMENT FOR CEDAR
SPRINGS PROFESSIONAL
CENTER LOCATED AT THE
NORTHEAST CORNER OF
VENABLE LANE AND WEST
USTICK ROAD
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CASE NO. MI-O5-008
ORDER OF CONDITIONAL
APPROVAL OF MISCELLANEOUS
APPLICATION
This matter corning before the City Council for Miscellaneous Application approval
pursuant to Meridian City Code § 12-3- 1. B to modify the approved development agreement for
Cedar Springs Professional for Lynn Brown, and the Council finding that the Adrninistrative Review
is complete from Brad Hawkins-Clark, Principal City Planner, for the Planning and Zoning
Department, dated: Hearing Date: August 23,2005 to the Mayor and Council, the council takes the
following action:
IT IS HEREBY ORDERED THAT:
1.
The subject application by Lynn Brown, is approved subject to those
conditions of Staff comments as set forth in the memorandum to the Mayor
ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION TO MODIFY THE
APPROVED DEVELOPMENT AGREEMENT FOR CEDAR SPRINGS PROFESSIONAL CENTER
FOR LYNN BROWN (MI-O5-008)
Page 1 of 3
and City Council, from Brad Hawkins-Clark, Principal City Planner, for the
Planning and Zoning Department, dated: Hearing Date: August 23,2005, a
true and correct of which is attached hereto marked Exhibit "A", and
consisting of 4 pages, and by this reference incorporated herein, and the
response letter from Central District Health Department, a true and correct
copy of which is attached hereto marked Exhibit "B" and consisting of I
page, and by this reference incorporated herein.
2.
The Record of Survey (RaS) upon which there is contained the certificate
and signature of the City Engineer verifying that the drawing meets the City's
requirements shall be signed only at such time as:
1.
The ROS dimensions are approved by the City Engineer and;
2.
The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash has been
issued guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
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
ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION TO MODIFY THE
APPROVED DEVELOPMENT AGREEMENT FOR CEDAR SPRINGS PROFESSIONAL CENTER
FOR LYNN BROWN (MI-O5-008)
Page 2 of 3
request for a regulatory takings analysis will toll the time period within which a Petition for Judicial
Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest
in real property which may be adversely affected by this decision 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.
By action ofthe City Council at its regular meeting held on the
[J 3rrJ
day
of
AU~L\Sb
,2005.
By:
Attest:
By:JOl.>ill.h. l "- )
City Clerk's Office
Dated: c¡ -2LD-OS
ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION TO MODIFY THE
APPROVED DEVELOPMENT AGREEMENT FOR CEDAR SPRINGS PROFESSIONAL CENTER
FOR LYNN BROWN (MI-05-008)
Page 3 of 3
MAYOR
Tammy de Ween!
~"'. .
..,.
CITY HALL
(208) 888-4433 - Fax 887-4813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-221 I - Fax 898-9551
olfe;;d¡ ~n~- " :
CITY COUNCIL MEMBERS
Keith Bird
Christine DOimell
ShaUll Wardle
Charles M. Rountree
PLANNING DEPARTMENT
(208) 884-5533 - FAX 888-6854
MEMORANDUM:
City Council Hearing Date: August 23,2005
Transmittal Date: August 18, 2005
To:
Mayor and City Council
Brad Hawkins-Clark, Principal City Planner ~L
From:
Subject:
Cedar Springs Professional Center - Development Agreement
Request for Miscellaneous Application to Modify Conditions in the Development
Agreement for Cedar Springs Professional Center, by Lynn A.Brown (File No.
M/-O5-00B)
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 Professional Center. The property is legally described as Block 25 of Cedar Springs
Subdivision No.6 and is located at the northeast corner ofW. 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 application is proposing a Second
Addendum to the DA. Parties to the existing DA are Howell-Murdoch Development
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 #102067381) 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
MI-O5-008
Exhibit "A"
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 approval of the applicant's request to amend the Development Agreement.
with modifications as proposed 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. Brown.
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.
Proposed 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. 1,800 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-store is currently only proposed on Lot 1, Block 25 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 following
restrictions on hours of operation within Cedar Springs Professional Center:
. Drive-through coffee stand - 6:00am to 8:00pm
. Carwash and fuel pumps - 24 hours
. Fuel delivery and refrigerated truck operation - 7:00am to 6:00pm
MI-O5-008
Exhibit "A"
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 operation 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 both the P&Z 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 test~fY at the P&Z 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 test~fied 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 March 1 6, 2004 City
Council meeting. These references are quoted below:
. Councilman Wardle: / would just like 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 / perceive to be a gas card ftel pump center,
which would have probably much less impact than a convenience store, and
so / see that as meeting the needs of the Comprehensive Plan.
. Councilman Bird: / would echo that.
. Councilman Nary: / guess on that same line, Anna, / think / heard Mr. Fluke
say that this was the lowest intense use of zoning for the commercial zoning. /
mean, is a C-store even allowed in that type of zone. . .?
. Powell: / 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-stores be prohibited by the
DA, it could be inferred that the Council granted the C-N zone 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-O5-008
Exhibit "A"
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
store-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 1 ih, StafTspoke 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 oppose 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 Code 67-6533 also prohibits sexually explicit and obscene materialfrom
being sold within 2,500 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 traffic the proposed C-store would generate.
ACHD does calculate higher traffic volumes from a C-store than a cafwash. This
would especially true if the C-store was approved for a 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 I,
Block 25 of Cedar Springs Subdivision No.6, 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 approva1. It is solely a request to amend the existing DA.
MI-O5~OO8
Exhibit "A"
Page 4
(((r~~~ g~~iR~~~ CENTRAL DISTRICT HEALTH DEPARTMENT
~l.U~6~!~ Environmental Health Division
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Con, lilianal Use # -
Prel¡; I iÍnary / Final/Short Plat
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ø 1, We have No Objections to this Proposal.
0 2. We recommend Denial of this Proposal.
I..] 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
CJ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
0 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
0 high seasonal ground water 0 waste flow characteristics
0 or bedrock from original grade 0 other
LJ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
LJ 7, This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
1-1 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
0 central sewage 0 community sewage system 0 community water well
0 interim sewage 0 central water
0 individual sewage 0 individual water
,.) 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
0 central sewage 0 community sewage system 0 community water
0 sewage dry lines 0 central water
LJ 10. Run-off is not to create a mosquito breeding problem.
'-111. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
,..] 12, If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
;Á 13. We will require plans be submitted for a plan review for any: .
0 food establishment Bswimming pools or spas 0 c~ild ~re center
0 beverage establishment ¡a. grocery store - (loP (IE tJ I EP)r!é SIote.E
1..J 14. Please see attached stormwater management recommendations Date ~/ ~
U 15 - Review.. By: ,f¡~,Ít:7!-
Exhibit "B"
'5726-001E~CO- :
Review Sheet