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Home My WebLink About9/5 Memo from Planning Project: Mussel Corner RECEIVED SEP - 5 2006 City of Meridian City Clerk Office Location: NE comer of Victory and Meridian Road Applications: DA modification Highlights of Proposed Development: The City required, through a DA, detailed CUP approval for all future uses in the development in order to evaluate details of each building/phase to ensure that development met the City's expectations regarding use and design. The applicant is proposing to amend Section 4 "Uses Permitted by This Agreement" and Section 6 "Conditions Governing Development of Subject Property". If approved, each building on the subject property will still be required to obtain Certificate of Zoning Compliance (CZC) approval from the Planning Department prior to construction of any building, but not necessarily a CUP. To support this request, the applicant has submitted a Master Site Plan, nine pictures of what the future buildings will look like on this site, and detailed elevations for the next building within this development. Current Site Development: 23 acres located on the northeast corner of Victory Road and Meridian Road, in the C-G (General Retail and Service Commercial) zoning district. There is currently a combination feed store and gas/convenience station, a landscape nursery, and a sprinkler contractor's business (2M) on this site. Structures facing Meridian Road are subject to administrative design review. 2M Building and use: The 2M use is housed in an existing metal building that does not conform to the design standards proposed by the applicant. The applicant is proposing to retain this building (with limited upgrades) and the use of the building for wholesale warehousing/contractor's yard. The existing use is not allowed within the C-G district; during the time of annexation, Staff viewed the sprinkler contractor's business as accessory to the nursery business remaining on the site. Both of the uses were considered non-conforming. The applicant proposes to expand the non-conforming wholesale/warehousing/contractor's yard at this site. Because 2M is an industrial use, staff was very concerned that their building(s) would not fit in with the character of the area. Staff suggested to the applicant that the only means of expanding the use at this site might be to construct a flex building that could be used by a single tenant at this time. This way should 2M ever decide to relocate, the building could be converted to multi~tenant flex space. Although it appears that the proposed 2M building could be modified to accommodate future users, staff does not believe that the proposed building looks like a "flex" building as it is a metal-sided building with only one overhead door. The proposed changes to the DA are as follows: Section 4.1 of the recorded DA currently states: "4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (K) which are herein specified as follows: a) Construction and development of a commercial subdivision that includes a combination feed store and gas/convenience station in a proposed C-G zone. All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use permit process." Replace the language noted above with the following: "4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Unified Development Code codified in Table 11-2B-2 and herein specified as follows: a) Principally permitted uses on the subject property shall be allowed without Conditional Use Permit approval, provided all future buildings have: sloped metal roofs with overhanging eaves that are supported by posts; are oriented toward the public street (front door facing street); siding visible from a street containing at least a three-foot tall wainscoting constructed of stone, brick, or other similar materials; that each building will provide a variety of building materials and colors; and each building is generally consistent with the nine pictures submitted with MI-06-005, as determined by the Planning Director. If a future proposed building is not consistent with the above-mentioned provisions, then the building and use shall be required to obtain Conditional Use Permit approval prior to construction and operation. b) Future construction on the subject site shall be generally consistent with the Master Site Plan submitted with MI-06-005, as determined by the Planning Director. All buildings with frontage on Victory Road or Meridian Road, will be limited to a maximum 11,000 square foot building footprint and no building on this site shall have a building footprint larger than 20,000 square feet. If a future proposed building is not consistent with the Master Site Plan, then the building shall be required to obtain Conditional Use Permit approval. c) That all future buildings on the subject property will be required to submit a Certificate of Zoning Compliance (CZC) application prior to construction. And all future buildings adjacent to Meridian Road will be required to obtain Design Review approval prior to construction." . Section 6 - Conditions Governing Development of Subject Property This section of the recorded DA sets forth additional conditions and restrictions for the property . Section 6.Bla of the recorded DA currently states: "a) All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use Permit process." Replace the above-mentioned language with the following: "a) All future uses on proposed lots or parcels within the annexation area shall be required to comply with the amended Section 4 of the Development Agreement and tlle Unified Development Code." Elevations: Yes Staff Recommendation: approval; please direct the City's Legal Department to draft modifications to the recorded development agreement for Mussell Corner (as proposed and/or modified). Outstanding Issue( s) for City Council: · Do you want to require additional modifications to the existing 2M building at this time? · Should the proposed flex building be allowed to house the expansion ofthe non-conforming 2M use? · Is the concept plan sufficient to remove the CD requirement? Please note that the proposed access at the north end of the site is not consistent with the UDC and was only approved as a temporary access for the Victory Greens business only. Any decision you make regarding the concept plan should note that the northern access needs to be removed. · Are the proposed design standards sufficient to remove the CU requirement? Notes: