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Home My WebLink AboutStaff Comments Cedar Springs Prof (2) CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20,2007 Hearing Date: Continued From: February 20,2007 2/13/2007 RECEIVED FEB 1 5 2007 STAFF REPORT TO: FROM: Mayor & City Council Amanda Hess, Associate City Planner (208) 884-5533 f City of Meridian ~ City Clerk Office .'.J ctC/ridi:n - \ \ .>. IL),\H() I SUBJECT: Cedar Springs Subdivision No.6 - MI-07.001 Request to Modify the Recorded Development Agreement for Cedar Springs Subdivision No.6 (aka - Cedar Springs Professional Center), by Lynn Brown 1. APPLICATION BACKGROUND AND APPLICANT'S REQUEST The Applicant, Lynn Brown, has submitted a Miscellaneous Application (MI) requesting modification to the recorded Cedar Springs Development Agreement for Lots 5, 6, 7, & 8, Block 25, of Cedar Springs Subdivision No.6. The application affects approximately three (3) acres located on the north side Ustick and east of North Venable Lane within the C-N (Neighborhood Business) zoning district. The recorded Development Agreement for the Cedar Springs development (Instrument #102067381) restricts the use of the property to single-family residential; R-4 (Medium Low- Density Residential) zoning was approved with the annexation and zoning application (AZ-OO- 019). The DA also states that, "No change in the uses specified in this Agreement shall be allowed without modification ofthis Agreement." On April 13, 2004, following the annexation of the subject property to R-4, the Meridian City Council granted Rezoning, Preliminary Plat, and ConditionallJ~e Penuit approval for a Planned Development on this site (RZ-03-013, PP-03-044, & CUP-03-067). This Planned Development, processed as Cedar Springs Professional Center, included five buildable lots and one common lot on 5.51 acres within the C-N (Neighborhood Business District). One of the Professional Center's lots (Lot I, Block 25) was approved for a car wash, self-service fuel pumps, and a coffee kiosk. The other four lots (Lots 5, 6, 7, & 8, Block 25) were designated for approximately 22,400 square feet of office uses. A First Addendum to the Development Agreement for Cedar Springs was approved by the City Council on May 3,2005, as part of the aforementioned rezoning (RZ-03-013). The purpose of the First Addendum was to allow the car wash, coffee kiosk, fuel pumps, and office uses under the new C- N zoning. A Second Addendum, approved by the City Council on August 23, 2005, modified the First Addendum to allow a convenience store on Lot I, Block 25, in addition to the previously approved car wash and fuel pumps. The subject application, the Third Addendum, requests that all principally permitted C-N uses be allowed on Lots 5, 6, 7, & 8, Block 25. As mentioned above, currently only office uses are Cedar Springs Subdivision No.6 Development Agreement Modification - MI-07-001 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20,2007 permitted on these lots. The Applicant proposes amending Section 4.1 "Uses Permitted by This Agreement" of the recorded Development Agreement for AZ-00-019. The office use restrictions were included in the First Addendum at the request of the Applicant, despite being granted C-N zoning. The C-N district allows a much broader range of uses. At the time of approval for office uses with RZ-03-013, PP-03-044, & CUP-03-067, the property owner did not anticipate wanting commercial uses other than for what was approved, and, therefore, did not oppose the DA restrictions. 2. STAFF ANALYSIS In March of 2006, the City of Meridian approved a Comprehensive Plan Amendment for the North Meridian Area. The new Comprehensive Plan designation for the site is "Mixed Use - Community / Neighborhood Center." The Neighborhood Center / Mixed Use Comprehensive Plan designation calls for small-scale commercial, entertainment, office uses, open spaces, in addition to residential. Therefore, Staff believes that the Applicant's request for C-N principally permitted uses are, in fact, harmonious with the existing zoning, Future Land Use Map designation for this site, is harmonious with the surrounding area, and generally does meet the goals and policies of the Comprehensive Plan. The most significant difference between office uses, as already approved, and all other allowed uses within the C-N district will be the increased traffic and the hours of operation. Staff recognizes that traffic and noise will increase with the approval of a more-intense commercial use at this location. However, Staff does not believe that the amount generated will be detrimental to the general welfare of the public. Presumably, there will be operations/business occurring after normal business hours, as well as seven days a week. The Council may want to address this issue at the public hearing before making a final decision. The City has sent out notices of the subject request in accordance with the current standards for public hearings. (See Section 6, Process Facts, below for publication dates) 3. LOCATION & SURROUNDING USES The subject properties are located on north of Us tick Road and east of Venable Lane in Section 36, Township 4 North, Range I West, and include Lots 5, 6, 7, & 8, Block 25, of Cedar Springs Subdivision No.6. The corresponding mailing addresses for said lots are 710, 630, 750, and 790 West U stick Road. The adjacent properties are designated "Mixed Use - Community / Neighborhood Center" on the Comprehensive Plan Land Use Map. The following uses surround the subject property: a. North - Residential and school site, zoned R-4 b. South - Residential, Ada County c. East - Residential, Ada County; and office, zoned L-O d. West - Residential, Ada County 4. OWNER OF RECORD The property owner of record is Robert Montgomery. Lynn Brown, the Applicant, has submitted the subject application on behalf of Mr. Montgomery. 5. EXISTING AND PROPOSED DEVELOPMENT AGREEMENT MODIFICATION Cedar Springs Subdivision No.6 Development Agreement Modification - MI-07-001 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20,2007 The previously approved Cedar Springs Development Agreement provisions are as follows: A. Original Development Agreement (Instrument No. 102067381) - Approved June 4,2002 Section 4.1 - USES PERMITTED BY THIS AGREEMENT 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 (C) which are herein specified as follows: Construction and development of 264 building lots and 31 other lots for a residential subdivision. Development shall be consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the property as Single Family Residential. B. First Addendum (Instrument No. 105058639) - Approved May 3,2005 Section 4.1 - USES PERMITTED BY THIS AGREEMENT 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 (C) which are herein specified as follows: Construction and development of 264 building lots and 31 other lots for a residential subdivision, carwash, coffee stand/kiosk, fuel pumps, and office uses. Development shall be consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the property as Single Family Residential. C. Second Addendum (Instrument No. 106052779) - Approved August 23, 2005 Section 4.1 - USES PERMITTED BY THIS AGREEMENT 4.1 The u~e~ allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (C) which are herein specified as follows: Construction and development of 264 building lots and 31 other lots for a residential subdivision, carwash, coffee standlkiosk, fuel pumps, and office uses. That a convenience store use and 24-hour operation will be allowed only on Lot 1, Block 25, of Cedar Springs Subdivision No.6, and shall not apply to all five lots [within the C-N district). Development shall be consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the property as Single Family Residential. The proposed Cedar Springs Development Agreement modification is as follows (Staff recommendations in italics): A. Proposed Third Addendum (subject application) Cedar Springs Subdivision No.6 Development Agreement Modification - MI-07-001 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 20,2007 Staff recommends that Section 4.1, Uses Permitted by This Agreement, be amended in the Third Addendum, as proposed by the Applicant, to read: Section 4.1 - USES PERMITTED BY THIS AGREEMENT 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 (C) which are herein specified as follows: Construction and development of 264 building lots and 31 other lots for a residential subdivision, carwash, coffee stand/kiosk, fuel pumps, and office uses. That a convenience store use and 24-hour operation will be allowed only on Lot 1, Block 25, of Cedar Springs Subdivision No.6, and shall not apply to all five lots [within the C-N district]. In addition to office uses, all principally permitted C-N (Neighborhood Business) uses shall be allowed on Lots 5, 6, 7, & 8, Block 25, of Cedar Springs Subdivision No.6. Development shall be consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the property as Single Family Residential. 6. PROCESS FACTS 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: January 2,2007; February 5,2007 c. Radius notices mailed to properties within 300 feet on: January 19, 2007 d. Applicant posted notice on site by: February 3,2007 e. Section 4.2 of the recorded Development Agreement for Cedar Springs currently states: "No change in the uses specified in this Agreement shall be allowed without modification ofthis Agreement." 7. RECOMMENDATION There are no required findings for a miscellaneous application/development agreement modification. Above, Staff provided the most pertinent facts and analysis related to the proposed development agreement modification. Staff is recommending approval of the Applicant's request to amend the Cedar Springs Development Agreement for Cedar Springs Subdivision No.6. Staff further recommends that the Owner/Developer, Mayor, and City Clerk sign the Third Amendment to the Development Agreement for Cedar Springs, as prepared by the Meridian Legal Department, and record said document with the Ada County Recorder. Cedar Springs Subdivision No.6 Development Agreement Modification - MI-07-00l Page 4