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HomeMy WebLinkAboutStaff Comments CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JULY 24, 2007 STAFF REPORT Hearing Date: 7/24/2007 TO: FROM: Mayor & City Council Amanda Hess, Associate City Planner (208) 884-5533 ~ CTrY;)f r~" " "; c{;Gridian""'t '-'\~ I " H' ~~ \ ILM (1 " \~ ; &t(. i;' ,~~ . "'",' .' ,U:l!!~:!'I;'~~ iii SUBJECT: Dorado Subdivision Development Agreement Modification . MI-07-009 Modification of the Recorded Development Agreement by Amending the Existing Concept Plan for the Dorado Development, by Winston Moore . AL T -07 -007 Request for Alternative Compliance to the City's Design Review Standards for Parking on An Entryway Corridor, by Winston Moore 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Winston Moore, has submitted a Miscellaneous Application (MI) requesting modification to the recorded Development Agreement for Dorado Subdivision (aka Grandview Marketplace / Grandview Station), located in a C-G zone. Additionally, the Applicant also requests alternative compliance to the City's parking requirements for development located on an entryway corridor. The Dorado Subdivision was granted annexation (AZ-05-0l9) and preliminary plat approval (PP-05-024) in August of 2005. The site is located at the northwest comer of S. Eagle Road and E. Overland Road in Section 17, Township 3 North, Range 1 East, B.M. The subject Development Agreement was approved by City Council on August 19, 2005, and recorded September 2, 2005, as Instrument No. 105127512, Records of Ada County, Idaho. The Applicant is proposing to amend Exhibit C, the approved concept plan, on page 21 of the Development Agreement for this site (AZ-04-009). See Applicant's Submittal Letter, dated June 20,2007. The concept plan approved for the site proposed two small retail buildings to be located on the lots at the southwest comer of the property, Lots 1 & 2, Block 1. The buildings front Overland Road with parking provided to the rear of said buildings (see Exhibit C). The Applicant states that the cost to construct the two buildings depicted on the concept plan, as opposed to one, is prohibitive. Additionally, as these lots lack depth, the building(s) must either front Overland with parking to be located in the rear or vice-versa (see Exhibits D & E). The Applicant also states that potential renters want their primary business entrances to be visible from Overland Road, with parking preferred in front of the building. As a result, the Applicant requests modification of the concept plan to construct one large retail building on the aforementioned lots, with alternative compliance to allow the parking adjacent to Overland Road, not behind the building. The UDC states, "No more than 70% of off-street parking shall be located between the front fayade of a structure and the adjacent street." The Sterling Savings Bank, Qdoba, and Tulley's, which have received construction approval from the Planning & Zoning Commission and Staff and are [to be] constructed along Overland Road, provide virtually all of their parking behind the buildings (see Exhibit F). As such, the Applicant believes that, since only 50% of the parking for the entire development fronts Overland Dorado Subdivision ~ MI-07-009 Page 1 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JULY 24,2007 Road, the City's Design Review parking standards are still met (see Applicant's Narrative for further clarification). 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 1 development agreement modification. There are, however, required findings for alternative compliance requests. Below, Staff has provided the most pertinent facts and analysis related to the proposed development agreement modification. 2. PROPOSED MOTIONS Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number MI-07- 009 (ALT-07-007 optional) as presented in the staff report dated July 24, 2007, for the following reasons: (You should state specific reason(s) for the denial of the application.) Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number MI-07- 009 and ALT-07-007 as presented during the hearing of July 24,2007. I further move to direct Legal Department Staff to prepare an amendment to the recorded Development Agreement for this site that reflects the changes to the subject Development Agreement. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number MI-07- 009 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason( s) for continuance.) 3. LOCATION & SURROUNDING USES The subject development is located at the northwest comer of S. Eagle Road and E. Overland Road in Section 17, Township 3 North, Range 1 East, B.M. The following uses surround the subject property: North -Interstate 84 South - Commercial (Bonito Subdivision), zoned C-G East - Eagle Road West - Residential (Overland Way Subdivision), zoned R-l (Ada County) 4. OWNER OF RECORD The property owner of record of the subject site (Lots 1 & 2, Block 1) is Winston Moore 1 Kimball Properties, 1940 Bonito, Suite 160, Meridian, Idaho, 83642. 5. PROCESS FACTS a. The subject application will, in fact, constitute a development agreement modification, as determined by City Ordinance. By reason of the provisions of the Unified Development Code, Title 11, Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute an alternative compliance, as determined by City Ordinance. However, this is a staff-level item, and by reason of the provisions of the Unified Development Code, Title 11, Chapter 5, a public hearing is not required before the City Council. c. Newspaper notifications published on: July 2,2007, and July 16,2007 d. Radius notices mailed to properties within 300 feet on: June 29,2007 e. Applicant posted notice on site by: July 14, 2007 Dorado Subdivision - MI-07-009 Page 2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JULY 24, 2007 6. mSTORY/STAFF ANALYSIS In August 2005, City Council approved a request for annexation and zoning of this site to C-G (AZ-05- 019), a Planned Development (CUP-05-03l) for a mixed-use commercial project, and preliminary plat (PP-05-024) consisting of 16 building lots, called Dorado Subdivision. Said subdivision was recorded in 2005 (FP-05-057). As part of the annexation approval, City Council required detailed CUP approval for all structures adjacent to the County residential subdivision to the west, Overland Way Subdivision. The reason for this requirement is because, not only is property located adjacent to a residential district, but also a highly visible intersection 1 an entryway corridor. As previously mentioned, the building lots which are the subject of the proposed new concept plan (Lots 1 & 2, Block 1) are located on an entryway corridor (see Exhibit A). The concept plan depicts the retail buildings on these lots on Overland Road with the parking in the rear, adjacent to the residential properties (see Exhibit C). Staff believes the Applicant's request for modification to the Development Agreement to construct a single structure on Lots 1 & 2, Block 1, is justifiable. However, Staff has been working with the Applicant and their architect regarding development of this property for over a year. Staff has remained consistent in explaining the need to locate parking to the rear of the building( s) on this site. Additionally, Staff believes that the design standards in UDC 11-3A-19 are clear in that parking should be evaluated on a structure-by~structure basis (note that the code sited below is not plural and refers to a single structure). As mentioned above, the UDC states, "No more than 70% of off-street parking shall be located between the front fayade of a structure and the adjacent street." Staff believes that it is critical to maintain consistency in applying the parking location requirement along entryway corridors. The Council should note that Staff has received testimony from the residential neighbor immediately to the north which requests the parking layout as depicted on the approved concept plan remain unchanged. The neighbor states that, "by locating the parking to the rear of the building, this softens the impact of and appropriately transitions the commercial use to residential." Further, Exhibit G, Item L, of the existing development agreement states that the City should protect the adjacent residential properties via "landscape buffers and other provisions." Staff believes that this is additional support for maintaining the parking as depicted on the approved concept plan. 7. REQUIRED FINDINGS FOR ALTERNATIVE COMPLIANCE As mentioned above, UDC ll-3A-19, the City's Design Review code for structures located on entryway corridors states, "No more than 70% of off-street parking shall be located between the front fayade of a structure and the adjacent street." Staff discussed the details of the Applicant's request above in Section 6, HistorylStaff Analysis. Staff and the Council shall make the following determinations in order to grant approval for Alternative Compliance: a. Strict adherence or application of the requirements is not feasible; OR Staff fmds that the Applicant can, in fact, fully comply with the City's parking standards for structures located on entryway corridors, as illustrated in Exhibit D. b. The alternative compliance provides aD equal or superior means for meeting the requirements; aDd Staff fmds that the Applicant has not proposed an alternative which provides a superior means for meeting the City's design standards. Staff does not support the proposed concept landscape plan, as depicted in Exhibit E. Dorado Subdivision - MI-07-009 Page 3 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JULY 24,2007 c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. Staff finds that the proposed alternative will be detrimental to the public welfare and impair the use 1 character of the surrounding properties. Staff finds that the Applicant's request does Dot meet the City's intended purposes of the design regulations. 8. RECOMMENDATION Staff recommends that an amendment to Exhibit C of the recorded Development Agreement for this site be approved, which allows a single structure on Lots 1 & 2, Block 1, of the Dorado Subdivision, but that that single structure be located behind the parking as shown on the previously approved concept plan and Exhibit D of this staff report. Staff recommends that the Mayor and City Council direct the Legal Department to draft an amendment to the subject development agreement as stated above. However, Staff recommends denial of the Applicant's request for alternative compliance to the City's design standard for parking on entryway corridors. See above for the required findings for alternative compliance requests. 9. EXHmITS A. Vicinity 1 Zoning Map B. Recorded Plat for Dorado Subdivision C. Approved Concept Plan D. Option 1 Layout for Structure on Lots 1 & 2, Block 1 (Parking in Rear) E. Option 2 Layout for Structure on Lots 1 & 2, Block 1 (Parking in Front) F. Dorado Construction To-Date Dorado Subdivision - MI-07-009 Page 4 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JULY 24, 2007 Exhibit A - Vicinity 1 Zoning Map A CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JULY 24, 2007 a i""J ~ I ~ I%: ~ ~j I&j l."! '" I .~~ ~ I~ I :::: 5! W ;i N . L . 18 In I ~ l;>(1.~7' I , 1 ~ .~TIr;)(( f.1 1 : ~I I . :Ii' i REAl POINT 1 J:s; I _ "___~____~.-:t'~'1___~_~~~~ .:~.,I.,~-~-- (''-:;';';';~I';(,41~';J-'.'''''''''' ~5 ;'c' 1, ,';? 10E,61 ~:: , '''.J! 51' . Tl l:>' ~ - - ' lit: s W" W 270.31!1' :'-, 232.. " S" 18 W E, OVERLAND ROAD ,,\ Exhibit B ~ Recorded Plat for Dorado Subdivision 1-84 w ~ ...J Q.. Ill: l.o.I 8 -' lJ) r.,l'" t"11 tJ~,~ .'_(' l' :-! .1-9~" 466.9<4' ... 1.~.o.:')O < - ,,~.:.. - - .-.-.... ~ rl' "'., ~~ ~~ 12 #rF :-A.#' ..l"- a/ '" '" ~ 2 ~> ~~U,QD( .F~!t 14 BLOCK I~;"~~~ 'Il',..j. h> .:~~; t ,of ;:1 :;~~I Il M':l~'U' E .3:n.(}'l' .r--- )1 '.c", '1'0 ~~ ~r:':-' J~ ~~ 1 :'1 I~ .' 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':l:'.il)r;.-:.?~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JULY 24,2007 Exhibit C - Approved Concept Plan (: . ~', . ; 1-84 Off-Ramp 'h" . ,:i' FiJDCl: / ,:-___.fJ~ IM~_-/" nA. 5~1,\ION "l:W[i~l'II'tt~..,.l' U()tl~~.\' ~ fi""" 'lJ' "if o ~, Q,)' "'6h ~.. ... I I ~: '~; '.: I ;\, f . t:O';'1 ~ ..............------,""'~~..........,.. -'--......,.,..-......,.. ^ W.H. MOORE COMPANY CONCEPTUAL SIrE PlAN _1* ","~;"~"I"' , ... .., c CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JULY 24, 2007 Exhibit D _ Option 1 Layout for Structure on Lots 1 & 2, Block 1 (parking in Rear) ~ W ~ ~ -I EXISTING SItGlE FAML. Y RESIDENTIAL II II I J I , II , I II r--'- II I II I I, I I II II ~ ! I i II I I II I It l' I II ~ J II ; I I, I 'I ",: -~ 'I rnur~ II I' ~ ! ! 11,\ ~02! :/4. I II , U I, ~-r T'~ _~__ II ...' I: I '-: :.--.., \I 1\ : : : a' 0' t '-- 'O~..--O- -~I---- - ~ I ., ._" . ..". Q 0 .~ . : ~..... _._ _ __JC;..... __ __._' - L .----"-- , . 71" 7f; 7f'"'l\ ------------.---- ""-.-N ' - ~ ~~."" =~.....""::= :.~=~-:!::;:;~..: ~= ~f =:::: ~ ~= = = 9 = "" =~ ~ ""::=-.:.:~-= -=~~~~ ::.::~'=' .==::. ::.='::: . ~~m=- ' .__,_ _. .. .___"._ .___..' ____.... + l?- ,.. - . ~-- E.- '.-0-.1'';81 :Ai.'ft -RO- AIO-- -.' - - ,- -- --~ -., . -- - - .~.-- - - " --... -. -. '-- --... -- v~ n .-:;,:,... I'IlllfOI!!I) 8' " \ItM. f8Q-- PARKING JJlill\ D CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JULY 24, 2007 Exhibit E - Option 2 Layout for Structure on Lots 1 & 2, Block 1 (Parking in Front) t- W ~ "~""- C/) a: I I W ( c l 0 ....I 'l ~ ;: ~ Ii a . ".'; ~p E EXlSTt4G Sf.,jGLE F AMI.. Y RESIDENTIAL ;.exr.~' IJEI..NEFlV NO WICl.E T\AWlOlKI PROP05ED f1 H AAOA -" \1M'\. FENCE-. . .....'~. . ....,... -- -""" -~ Ii -1-t'" ~~ ~~ :-.:~ ~ ~~ ,I>'-v .'-9" .,' .....;:-. ~:- ",., _,,,,,,_ H'-.' "'.__'_ _,.,..". ~ "lOPOS~ ,__, U1LDIN(~ ~Vi!.'d ~.~;" :12' x 2~ 4' "'......,.-.,.,. -"., , ~ ~ ~ -- I I -' " I j ....... t I I ~ ...... 9 il .- - - @ 1.0 -i/... ~I=" -=-- ........t T I "- b []] ~<:,,~-~.- ~~MtIN."'Cl:~"1IIIII! I L :": ;:'7 I . i_oJ.. E. OVERLAND ROAD tN ...=000 -- -..- ~_.V.IJ'~ , --:; ,------.1tJ J.. I-;:t--' ";!~- ..-......., ,,,... ....- . I ~ ~ n TT 11 1" ~1I11 '.s~ IV I: I/Y' : "wul \ ! '1 F:1i 1. i ,. ! ! I ! i ('l-l, ':Z r \ ) /-.....". iT''';. -~-j~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JULY 24,2007 Exhibit F - Dorado Construction To-Date Either Completed or In-Process I tu Iii wi, ~Iil a::: Iii w ' 011 g ~~ '~, -~ F Lots 1 & 2 Block 1 ,-, r' ; ~ (' -------- ~I ~, I ~ ; j .. ,.:;;=:.'."..".c:;c:."'._.___.._':c.____'.c:...._=.-"'_/ E OVERLAND ROAD I i! n ~ a::: w -J ~ LiS V> '"''''+--'--'''