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CC - Staff ReportUna Mas – MDA H-2015-0016 1 STAFF REPORT HEARING DATE: December 15, 2015 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: Una Mas – MDA H-2015-0016 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Glenn Walker, NeuDesign Architecture, requests a modification to the existing development agreement (MDA) (Instrument No. 106137048) to remove the requirement for all building elevations to be in substantial conformance with the previously approved elevations. 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-2015-0016 as presented in the staff report for the hearing date of December 15, 2015, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2015-0016 as presented during the hearing on December 15, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2015-0016 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 the southwest corner of E. Ustick Road and N. Records Avenue, in the northwest ¼ of Section 4, Township 3N., Range 1E. B. Owners: Una Mas, LLC 1717 E. Chisholm Drive Nampa, ID 83687 SFP-D, LLC P.O. Box 5350 Bend, OR 97701 Una Mas – MDA H-2015-0016 2 C. Applicant: Glenn Walker, NeuDesign Architecture 136 E. Idaho Ave., Ste. 200 Meridian, ID 83642 D. Representative: Same as Applicant 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: November 23 and December 7, 2015 C. Radius notices mailed to properties within 300 feet on: November 19, 2015 D. Applicant posted notice on site by: November 22, 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: E. Ustick Road and commercial property (Lowe’s), zoned C-G West: Various commercial uses, zoned C-G South: Undeveloped land, zoned C-G (a multi-family development is currently in the approval process for this property) East: A funeral home, church and rural residential properties, zoned C-C, R-8 and R1 respectively C. History of Previous Actions:  The subject property was annexed (AZ-05-061, Ord. #06-1251) in 2005 with a C-G zoning district. A development agreement (DA) was recorded as a provision of annexation (Instrument No. 106137048).  A preliminary plat (PP-08-007) was approved in 2008 for Una Mas Subdivision. A private street (PS-08-006) application was also approved for two private streets within the development, E. Tecate Lane and E. Modelo Lane.  A final plat (FP-09-002) was approved in 2009 for Una Mas Subdivision and was later recorded in 2011 (Bk. 103, Pg. 13894). A modification to the final plat (MFP-11-002) was approved in 2011, which allowed a right-in/right-out access via N. Records Ave. for Lot 1 and others as approved specifically by the City and ACHD. VII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests a modification to the existing development agreement (Instrument No. 106137048) to remove the portion of DA provision #5.1.12 that requires all building elevations to be in substantial conformance with the elevations presented at the April 4, 2006 hearing and have similar modulation and treatments to those elevations as determined by the Planning Director. See Exhibit A.2. Una Mas – MDA H-2015-0016 3 (Note: Although the DA required compliance with the elevations shown in Exhibit A.2, these elevations were never actually attached as an exhibit in the DA; therefore, they don’t need to be removed – they’re shown for illustrative purposes only in Exhibit A.2.) Because the City has adopted design standards since this project’s approval in 2006, the quality of design for this development can be ensured through design review as currently required in the DA and by the UDC with the Certificate of Zoning Compliance application(s). Therefore, 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 Una Mas – MDA H-2015-0016 4 Exhibit A.1: Vicinity/Zoning Map Una Mas – MDA H-2015-0016 5 Exhibit A.2: Applicant’s Proposed Change to the Text of the Development Agreement Page 5 of 11 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1.12 That the applicant shall submit an application for design review with each building Certificate of Zoning Compliance. The elevations shall be in substantial conformance to the elevations presented at the April 4, 2006 hearing. These elevations shall have similar modulation and treatments to the elevations presented to council as determined by the Planning Director. Note: No other changes to the provisions are requested or approved. For a complete list of DA provisions, see application. Elevations presented at the April 4, 2006 hearing: