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CC - Staff ReportBaltic Place Addition – MDA H-2015-0006 1 STAFF REPORT HEARING DATE: October 27, 2015 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: Baltic Place Addition – MDA H-2015-0006 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Cair Paravel, LLC, requests an amendment to the existing development agreement (MDA) (Instrument No. 113126756) to include a provision allowing the future development of a cemetery in the I- L zoning district on Lot 2, Block 1 with approval of a conditional use permit. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015-0006 as presented in the staff report for the hearing date of October 27, 2015, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2015-0006 as presented during the hearing on October 27, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2015-0006 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 1151 E. Kalispell Street, in the northeast ¼ of Section 18, Township 3N., Range 1E. B. Owner: Cair Paravell, LLC 123 Baltic Avenue Meridian, ID 83642 C. Applicant: Mark Magdaleno, Meridian Cemetery District 895 E. Franklin Road Meridian, ID 83642 Baltic Place Addition – MDA H-2015-0006 2 D. Representative: Chris Pearson, Thornton Oliver Keller 250 S. 5th Street, 2nd Floor Boise, ID 83702 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: October 5 and 19, 2015 C. Radius notices mailed to properties within 300 feet on: October 1, 2015 D. Applicant posted notice on site by: October 9, 2015 VI. LAND USE A. Existing Land Use(s): This property has not yet been developed and is zoned I-L. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Vacant/undeveloped land, zoned I-L West: Cemetery, zoned RUT in Ada County South: Undeveloped land owned by the cemetery, zoned RUT in Ada County East: Schwans (flex-space) and vacant property, zoned I-L C. History of Previous Actions:  In 2001, this property was annexed (AZ-01-008) with an R-40 zoning district with the requirement of a development agreement (Instrument No. 102090926).  In 2013, the property was rezoned (RZ-13-007) from the R-40 to the I-L zoning district and a new development agreement was approved (Instrument No. 113126756) for Baltic Place Addition. Concurrently, a development agreement modification (MDA-13-013, Instrument No. 113126757) was approved to remove the Baltic Place Addition property from the previous development agreement (Instrument No. 102090926) for Baltic Place. VII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests a modification to the current development agreement (DA) (Instrument No. 113126756) for Baltic Place Addition to include a new provision that allows the future development of a cemetery on Lot 2, Block 1, Baltic Place Subdivision, with approval of a conditional use permit. The cemetery is currently located on the property to the west of the subject property. The applicant does not intend to develop the property with a cemetery for another 10-20 years but wants to ensure through the development agreement that such a use will be allowed to develop on the site in the future with approval of a conditional use permit. The UDC (Table 11-2C-2) currently allows a cemetery use in the I-L zoning district with approval of a conditional use permit. Approval of the subject modification would entitle the property to develop as such in the future in the event a modification to the UDC was approved that no longer allowed a Baltic Place Addition – MDA H-2015-0006 3 cemetery use in the I-L district. No other text changes are proposed by the applicant or recommended by staff. Staff recommends approval of the proposed modification. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Applicant’s Proposed Change to the Text of the Development Agreement Baltic Place Addition – MDA H-2015-0006 4 Exhibit A.1: Vicinity/Zoning Map Baltic Place Addition – MDA H-2015-0006 5 Exhibit A.2: Applicant’s Proposed Change to the Text of the Development Agreement (in red underline) Page 4 of 11 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Future development of the site shall generally comply with the preliminary plat and landscape plan included in Exhibit C. 2. Future development of the site shall comply with the ordinances in effect at the time of development. 3. Future development of the site shall be consistent with the design standards in UDC 11-3A- 19 and the guidelines in the Meridian Design Manual. 4. A cemetery use is allowed to develop on Lot 2, Block 1, Baltic Place Addition Subdivision, with approval of a conditional use permit.