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HomeMy WebLinkAboutStaff Comments CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 1HE HEARING DATE OF JUNE 20. 2006 .--..U /,'mo'.~ . \...7VLcndia;'t\ I. -1 ID..\HO )Y ~"i. .I. . ~h" ~ Caleb Hood, Current PIannmg Manager ~""-',!- .!I..:r!..:",,-..S.~ -; .~\'m Walgreen's Development Agreement Modification - MI-06-002 Request to Modify the Recorded Development Agreement fo.REG.E lVE D Pharmacy on Ten Mile Road by allowing an 8-foot tall, rather than 6-foot tall, CMU wall along the east property line, by Hawkins CompanieJUNl 6 2006 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST 2~ty Of Meridian The applicant, Hawkins Companies, has submitted a Miscellaneous Application (MI) requesti~f Clerk Office modification to a Development Agreement for Walgreen's Pharmacy located on the northeast comer of Cheny Lane and Ten Mile Road, in a C-G zone. The subject Development Agreement, dated November 11,2005, was recorded on December 15,2005, as Instrument No. 105191338, records of Ada County Idaho. The applicant is proposing to amend Site Specific Condition #3c on the first page of Exhibit D of the recorded Development Agreement for RZ-05-008 and CUP-05-029. Site Specific Condition #3c states: STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 6/20/2006 Mayor and City Council Replace the e;x:isting wood fence along the east property line and construct a six-foot tall CMU wall, as proposed Construct a four-foot tall eMU wall along the north landscape planter, as proposed The applicant would like to construct an 8-foot tall eMU wall along the east property line rather than a 6-foot taIl CMU wall. The City has sent out notices of the subject request in accordance with the current standards for public hearings (see Section 4 below for publication dates.) There are no required findings for a miscellaneous application/development agreement modification. Below, in the History/Staff Analysis section, staff has provided the most pertinent filets and analysis related to the proposed development agreement modification. 2. LOCATION & SURROUNDING USES The subject property is located on the northeast comer of Cherry Lane and Ten Mile Road, in Section 2, Township 3 North, Range 1 West. The following uses surround the subject property: North - Single-family residences, zoned R-4 South - Commercial, zoned L-O East - Single-family residences, zoned R-4 West - Single-family residences, zoned R-4 3. OWNER OF RECORD The property owner of record is Idaho Conference of Seventh Day Adventists and Jessica Aguilar of Hawkins Companies, has submitted the subject application. 4. PROCESS FACTS Walgreen's Development Agreement Modification I MI..06-002 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIIE HEARING DAlE OF JUNE 20, 2006 a. Miscellaneous applications are not currently addressed in Title 11 of the Meridian City Code. It has been determined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will in fact require a public hearing before the City Council. b. Newspaper notifications published on: May 29 and June 12, 2006 (for City Council hearing) c. Radius notices mailed to properties within 300 feet on: May 26,2006 (for City Council hearing) d. Applicant posted notice on site by: June 10, 2006 (for City Council hearing) 5. mSTORYISTAFF ANALYSIS At the public hearings regarding RZ-05-008 and CUP-05-029, screening of the adjacent residential properties was a topic of discussion. At that tUne the City Council accepted the applicant's proposal for a 6~foot taIl CMU wall along the eastern boundary of this site. Subsequent to the approval, the applicant has decided that they would like to add two additional feet to the wall height. The UDC does allow 8~foot tall fences/walls in the C-G zone. Staff does not have any issue with the proposed Development Agreement modification. Staff recommends that the City Council reference any public testimony that may be provided on this subject at the public hearing. RECOMMENDATION: Staff recommends that an amendment to the recorded Develooment Agreement for this site be approved. which changes the requirement for a 6-foot tall CMU wall along the eastern boundary to an 8-foot tall CMU walL as requested. Staff recommends that Site Specific Condition #3c on the first page of Exhibit D of the Development Agreement dated November 11,2005, recorded on December 15,2005, as Instrument No. 105191338, records of Ada County Idaho, be amended as stated above. Stafffurther recommends that the Mayor and City Council direct the Legal Department to draft an amendment to the subject as stated above. Walgreen's Development Agreement Modification I MI...()6-OO2 Page 2