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HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JUNE 17, 2008 STAFF REPORT E IDIAN~ HEARING DATE: June 17, 2008 IDAHO TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: Dorado Subdivision • MI-08-004 Request to modify the recorded Development Agreement for porado Subdivision 1. SUMMARY DESCRIPTION OF REQUEST The Applicant, City of Meridian Planning Department, has submitted a Miscellaneous Application (Mn requesting a modification to the recorded Development Agreement (DA) for porado Subdivision (Instrument No. 105127512), approved with the Dorado Annexation (AZ-OS-019). This DA modification proposes to include Lots 4 and 14, Block 1, Dorado Subdivision in the allowance of a reduced buffer width to residential uses from 25 feet to 5 feet with the installation of a 6-foot tall fence and added landscaping. When the property platted as Dorado Subdivision was annexed, the properties along the west property boundary were being used as residences except for the northernmost parcel, which was owned by Kimball Properties, the developer of the Dorado property. At the time of annexation, the developer was in negotiations with the property owner at 1476 S. Loder Place, adjacent to the west boundary of Lot 14, to purchase the property. The City assumed this property would be purchased and converted to commercial use in the future. Because no buffer is required between commercial uses, the west boundary of Lot 14 was not included in the fencing and additional landscaping provision in the DA. The landscape buffer to the west was allowed to be reduced in width from 25 feet to 5 feet, but the DA was silent on any landscape requirements adjacent to 1476 S. Loder Place. The Loder Place property ended up not being sold to the developer and a residence still exists at the west boundary of Lot 14. The property owner at 1476 S. Loder Place, Bill Yearous, has contacted the City several different times with concerns about the lack of a fence on a portion of his property adjacent to the commercial development. His east property boundary is adjacent to previously platted Lots 14 & 15; fencing was installed along the west boundary of Lot 15 but not 14, per the DA, leaving a large portion of this boundary unfenced. After speaking with Mr. Yearous, Staff contacted Jonathan Seel of W.H. Moore Company/Kimball Properties, to discuss the issue and see if the developer would be willing to extend the existing fence along this property owner's property. Staff felt the request was reasonable because the developer had been allowed to reduce the buffer width in this area with the provision that fencing and added landscaping be added adjacent to residential uses to help alleviate the impacts of a reduced buffer width. It was not known at the time that this property would not be developed commercially as intended. The developer declined to extend the fencing. For this reason, a DA modification is requested to add the fencing and added landscape requirement adjacent to this property as originally intended adjacent to all residential properties. Dorado Subdivision is located at the northwest corner of N. Eagle Road and E. Overland Road. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JUNE 17, 2008 (Note: The DA modification was originally requested to include Lot 4; however, a property boundary adjustment (ROS #7551) was recorded after the plat that no longer shows an adjoining lot line with the residential property to the west. The ROS depicts the former Lot 14 as portions of Parcels 1 and 6.J 2. SUMMARY RECOMMENDATION The City Council has final decision making authority on MI applications. Staff is recommending approval of the subject Miscellaneous application (MI-08-004) for a Development Agreement modificaNon for the reasons listed herein. (See Analysis, Section 8, of this report, for more details.) 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number MI-08- 004, as presented in Staff Report for the hearing date of June 17, 2008, with the following changes: (insert any changes here). I further move to direct Legal Department Staff to prepare an amendment to the recorded Development Agreement for this site that reflects the subject changes noted in Exhibit A3. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number MI-OS-004. (You should state why you are denying the request.) Continuance I move to continue File Number MI-08-004, to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Dorado Subdivision is located on the northwest corner of S. Eagle Road and E. Overland Road; Lots 4 and 14, Block 1, are located along the west boundary of the subdivision. Southeast % of Section 17, Township 3 North, Range 1 East b. Owner: Kimball Properties, LLP P.O. Box 8204 Boise, ID 83707 c. Applicant: City of Meridian 660 E. Watertower Street, Ste. 202 Meridian, ID 83642 d. Representative: Anna Canning, Planning Director e. Present Zoning: GG (General Retail and Service Commercial) f. Present Comprehensive Plan Designation: Mixed Use - Regional g. Description of Applicant's Request: The Applicant is requesting to amend the existing Development Agreement for porado Subdivision to include the requirement for fencing and additional landscaping along portions of CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JUNE 17, 2008 the west property boundaries of Parcels 1 and 6 shown on Record of Survey No. 7551 (formerly the west property line of Lot 14, Block 1, Dorado Subdivision), adjacent to the existing residential property at 1476 S. Loder Place. h. Applicant's Statement/Justification: Because the residential property at 1476 S. Loder Place remained a residence and was not developed commercially as anticipated, the applicant believes that fencing and additional landscaping should be required as screening along the west property boundaries of Parcels 1 and 6(ROS #7551) to buffer the residential property from commercial uses on the site. Including this property in the fencing and added landscaping requirement would be consistent with the current DA provision for adjacent commercial lots adjoining residential uses along the west subdivision boundary. (Please see the Applicant's submittal letter for more information.) 5. PROCESS FACT5 a. The subject application will, in fact, constitute a development agreement modification as deterxnined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: May 26, 2008 and June 9, 2008 c. Radius notices mailed to properties within 300 feet on: May 23, 2008 d. Applicant posted notice on site by: May 27, 2008 6. LAND USE a. Existing Land Use(s): The subject property (Dorado Subdivision) is in the process of developing with commercial businesses. b. Description of Character of Surrounding Area: Most of the surrounding area has already developed commercially, except for the existing residential properties to the west of the site and vacant property to the east across Eagle Road. c. Adjacent Land Use and Zoning: 1. North: Interstate 84 interchange 2. West: Residential properties, zoned R1 (Ada County) 3. South: (Overland Road) Commercial business in Dorado Subdivision, zoned C-G 4. East: (Eagle Road) ACHD park and ride lot and vacant property, zoned R1 (Ada County) d. History of Previous Actions: - In 2005, the subject property was granted Annexation and Zoning (AZ-OS-019) approval with a C-G (General Retail and Service Commercial) zoning district. A Development Agreement was also approved with the annexation (Instrument No. 105127512). - A Preliminary Plat (PP-OS-024) was approved concurrent with the annexation for 16 commercial building lots. - A Conditional Use Permit (CUP-OS-031) was approved concurrent with the annexation and plat for a commercial planned development. - A Final Plat (FP-OS-057) was approved in September 2005 for porado Subdivision. e. Existing Constraints and Opportunities CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JUNE 17, 2008 1. Public Works Location of sewer: NA Location of water: NA Issues or concerns: None 2. Vegetation: NA 3. Floodplain: NA 4. Canals / Ditches / Irrigation: NA 5. Hazards: Staff does not know of any hazards that exist on this property. 6. Size of Property: 11 acres £ Landscaping: NA 7. AGENCY COMMENTS MEETING No comments were provided for the subject application. Please see the public record for the MI file for any written comments that may have been submitted by other agencies. 8. ANALYSIS a. Analysis Leading to Staff Recommendation: Staff has provided analysis below regarding the proposed application. MI Application: The Applicant is requesting to amend the existing DA (Instnunent No. 105127512) approved with the Dorado annexation (AZ-OS-019) to include the requirement for 6- foot tall fencing and additional landscaping along portions of the west property boundary of Parcels 1 and 6 shown on Record of Survey No. 7551 (formerly the west property line of Lot 14, Block l, Dorado Subdivision), adjacent to the existing residential property at 1476 S. Loder Place (see Exhibit A.3). Dorado Subdivision was allowed to reduce the width of the buffer required adjacent to residential uses from 25 feet to 5 feet with the provision that fencing and added landscaping be installed as alternative compliance for a reduced buffer width adjacent to residential uses. Fencing and added landscaping were not required adjacent to the residential property at 1476 S. Loder Place because at the time of annexation, the developer was in negotiations with the property owner to purchase the property. The City assuxned this deal would go through and that the property would eventually redevelop commercially. For this reason, fencing and added landscaping was not required adjacent to this property as buffers are not required between commercial properties. However, the property was not purchased by the developer and remains a residential property. Because a reduction in buffer width was allowed adjacent to this property, fencing and added landscaping should be installed consistent with adjacent buffers to residential uses to the south. For this reason, the applicant believes that the DA should be modified as noted in Elchibit A.3. [Note: The DA modification was originally requested to include Lot 4; however, a property boundary adjustment (ROS #7551) was recorded after the plat that no longer shows an adjoining lot line with the residential property to the west. The ROS depicts the former Lot 14 as portions of Parcels 1 and 6.] CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JUNE 17, 2008 9. RECOMMENDATION Staff is recommending approval of the proposed modificaNon to the Development Agreement for porado Subdivision as shown in Exhibit A.3 per the analysis in Section 8 above. 10. EXHIBITS A. Maps/Other 1. Vicinity Map 2. Plat & Record of Survey for porado Subdivision 3. Requested Development Agreement Modification CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JUNE 17, 2008 Exhibit A.1 - Zoning/Vicinity Map CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JUNE 17, 2008 E~ibit A.2 - Plat & Record of Survey for porado 5ubdivision .,, p `'q~;,~, ~°~ ~ ~~Y~ ! G[rAVa ~ + .' „~ (~~, ~~ ' ~~ ! ~ q ~:~"'~ 3_ ~, ;. a ~ _ _ . ~i~: c°°~m.. ~-s~ ~ :~' `m"~`. ~ 4 .;% I~ --a~t"-r~ ~ __. __ . _ --'n , r I t~ ~.~ ~ 1 I . ,~~ 9tDCU ~ , ~~iA ~ w~4 ~ ~ ' ~ 1~ i 1 i xv~; _..s~.4 ~ ~ ~ ~ ~ ~ ~~ ~ - ~ ~1 ~y'~ k ,e ~ i~; ' ' i8 +tir;« ---j~~x --s '~:.4yk°„°'~1'$~ ~ >, i , ~ r(~I'~) • '^~' ~`~, JI ~.~/ : 6 ~ ~ . N~ ~ ~. I ~ ~a9F" - - --~ "~v ~ . ~. o~..u~v ~ . _. . ~ . r. ~°~d'2 w ~,,..,....,.. . . . . , ,i~a` ~,.,,, ~ DORAUO SUBDI VISION 8 ~piriqN OF LCT IQ, 01.iKlc ~. O~.RLAND MAM SJqa1W.'y1(1N ANO A PORi!PN Of TNE ~SE 1 j/ OM~ tMC $L. 7// . LOCAIEU W SFGIION tT. ~.3N.., It.1E.~ 9.N.. 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M ~~.., M.; ..,.~. n.~..~.~ +".~- yg~T.. ++ s . ` Y ", ~',. :d"".".A..~~ .m.a.:,~~:.~ , _- _ _ _ . ~ ~.~ „ » *~la~aP '~Z'~a . _ ._ .. . _- _. .„ r ~w.r na e. ~ cn. sf._e¢e--.se ..u.-m. `••, •,°•"' .. .._LGL1Ykt[L..... v ~ +~+~ ,xr^hr~ci:~.;'~Si.1W8. ~..•..:uv.1a. ~.Y:d44A~fM^'M..-s,.+Sf~ ...p.t ..31!_.....tyfe.Y,_ ..i w.~'i ' w~ < . ~~ wr~rv:.'~"w . ..,. .a.7~_ ~~,,, ,~..,~ Q~~ p y~.~ .~,d:X"" ~".C'" p ,~rcamw. ~ ~i-: nw, ww - . .. _ _ n~mvn ~eNO.ra ~ax~ott rwr rw ~ ~m~.:a. ~ um~ r~sn~w ,o•~. ~ n +n . . r,.~ ~~'.Olil~li74rc CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF JUNE 17, 2008 Exhibit A.3 - Requested Development Agreement Modification Section 5.1: (page 3) 3. A five foot perimeter landscape buffer will be allowed for Lots 1, 2, 3, 15, a~-16 and the portions of the west boundaries of Parcels 1 and 6 adioining the residenHal propertv at 1476 S. Loder Place as shown on Record of Survev #7551 (fka Lot 14 and a portion of Lot 4), with the owner/developer having the following options: a. Provide a surety for this landscaping and fencin~ until conditional use approval is granted, or b. Install the required landscaping and fencin~ for Lots 1, 2, 3, 15, ~16 and the uortions of the west boundaries of Parcels 1 and 6 adioinins the residential urouertv at 1476 S. Loder Place as shown on Record of Survev #7551 (tka Lot 14 and a portion of Lot 4), with all other perimeter landscaping, and install alternative compliance landscaping upon conditional use approval (if required). Alternative compliance will include a 6-foot high fence and added landscape.