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CC - Staff Report Volante Investments – MDA H-2016-0056 1 STAFF REPORT HEARING DATE: June 21, 2016 TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: Volante Investments – MDA H-2016-0056 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Volante Investments, LLLP, requests a new development agreement and modification (MDA) to the conditions of approval referenced in the Findings of Fact and Conclusions of Law and Order approved with the annexation and zoning request. 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-2016-0056 as presented in the staff report for the hearing date of June 21, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0056 as presented during the hearing on June 21, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0056 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 site is generally located at 2600 & 2700 E. Overland Road, in the SE ¼ of Section 17, Township 3N., Range 1E. – Parcel No.’s: S1117438626 & S1117438451 B. Owner: Volante Investments, LLLP 3804 E. Lanark Street Meridian, ID 83642 C. Applicant: Same as Owner D. Representative: Brad Miller, Van Auker Companies 3084 E. Lanark Street Meridian, ID 83642 Volante Investments – MDA H-2016-0056 2 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: May 30 and June 13, 2016 C. Radius notices mailed to properties within 300 feet on: May 26, 2016 D. Applicant posted notice on site by: June 10, 2016 VI. LAND USE A. Existing Land Use(s): This property consists of vacant/undeveloped agricultural land, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Interstate 84, zoned I-L; and offices and a hotel, zoned L-O and C-G respectively West: Vacant/undeveloped land, various restaurant and commercial uses and an animal care facility, zoned C-G South: E. Overland Road and office uses, zoned C-G East: Rural residential properties, zoned R1 in Ada County C. History of Previous Actions: The subject 34.62 acre property, formerly known as the Thomas and Wurst properties, was annexed in 1994 and zoned C-G (Ordinance No’s: 661 & 665). It was part of a larger 167 acre area which included the interchange to the north and the St. Luke’s property to the northeast; this property and the interchange area provided an annexation path for St. Luke’s medical center and hospital. A development agreement was required as a provision of annexation; only the St. Luke’s property has entered into a DA (Inst. #10002183, Amended as Inst. #101048098), the subject property has not. VII. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The applicant requests a new development agreement (DA) per requirement of the annexation. The provisions contained in the annexation Findings under the Conclusions section (pg. 10-13) (see Exhibit A.2) are as follows:  All development must comply with City of Meridian ordinances and the Comprehensive Plan.  The property is required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land.  Approval of a conditional use permit (CUP) for a planned development (PD) is required. The applicant proposes to modify the provisions as follows: (Staff’s comments in italics)  Remove the requirement for a CUP/PD and not require a CUP for principal permitted uses in the C- G zoning district. The City previously required a PD application to be submitted with a conceptual development plan, followed up with a CUP application with a detailed development plan with annexation applications that did not include a concept plan for the site to ensure development consistent with the Mixed Use – Regional (MU-R) Future Land Use Map (FLUM) designation. The applicant has submitted a concept plan for the west parcel but not the east with this Volante Investments – MDA H-2016-0056 3 application. Staff is amenable to removing this condition but recommends the DA is modified prior to development of the east parcel to include a concept plan that is consistent with the MU-R FLUM designation.  Remove the requirement for connection to Meridian water and sewer and to resolve how the water and sewer mains will serve the land. Since the annexation of the property, sewer and water mains have been stubbed to both of the subject parcels. Because services are still required to be extended to the structure(s) and through the property, staff recommends leaving a variation of this condition in as follows: “With development of the subject property, the developer is required to extend sewer & water mains to and through the property.”  Add a provision that allows 24 hour business operation on the property located at 2600 E. Overland Road. Because the property at 2600 E. Overland Road is not adjacent to a residential use(s) or resident zoning, hours of operation are not restricted and 24 hour operation is allowed. Therefore, adding this provision is not necessary. Since this property was annexed in 1994, the City has adopted design standards for site layout and structures. Staff recommends a provision is added in the DA that requires future development to comply with the design standards contained in UDC 11-3A-19 and the Architectural Standards Manual. Site plan: The conceptual development plan submitted with this application depicts an 85,000 square foot single-story retail building at the rear of the site with associated parking and “vacant land” in the front adjacent to Overland Road. Two public streets are also depicted; Cinema Drive, which will extend east/west from the existing stub at the west boundary to S. Wells Avenue proposed north/south along the east boundary of the site. Building Elevations: Conceptual building elevations were submitted for the future building on this site shown on the concept plan. Materials consist of split face and smooth face CMU, metal wall panel accents and standing seam metal canopies. The future structure is required to comply with the design standards in the Architectural Standards Manual. Comprehensive Plan: The purpose of MU-R designated areas, is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single use developments such as a regional retail center with only restaurants a nd other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. The proposed retail store should provide a regional draw and also provide employment opportunities for area residents. Retail commercial uses should comprise a maximum of 50% of the development area; the developer may be eligible for additional area under certain provisions described on page 31 of the Comprehensive Plan. Apartments exist approximately ¼ mile to the west (Sagecrest) and to the south (Gramercy) which will assist in supporting the commercial uses. Staff recommends approval of the applicant’s requested modifications to the DA provisions as modified by staff in Exhibits A.3 with inclusion of the conceptual site plan and building elevations in Exhibits A.4 and A.5. VIII. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Development Agreement Provisions from Findings Volante Investments – MDA H-2016-0056 4 3. Applicant Proposed & Staff Recommended Development Agreement Provisions 4. Proposed Conceptual Development Plan (dated: April 12, 2016) 5. Proposed Conceptual Building Elevations (dated: April 11, 2016) 6. Legal Description of Property Subject to Development Agreement Volante Investments – MDA H-2016-0056 5 Exhibit A.1: Vicinity/Zoning Map Volante Investments – MDA H-2016-0056 6 Exhibit A.2: Development Agreement Provisions from Findings Volante Investments – MDA H-2016-0056 7 Volante Investments – MDA H-2016-0056 8 Volante Investments – MDA H-2016-0056 9 Volante Investments – MDA H-2016-0056 10 Exhibit A.3: Proposed Development Agreement Provisions 1. All development shall comply with City of Meridian ordinances and the Comprehensive Plan. 2. Development of the west parcel located at 2600 E. Overland Road property shall be generally consistent with the conceptual development plan and building elevations included in Exhibits A.4 and A.5. 3. Prior to development of the east parcel located at 2700 E. Overland Road, the Development Agreement shall be modified to include a conceptual development plan that is consistent with the MU-R FLUM designation contained in the Comprehensive Plan. 4. With development of the subject property, the developer is required to extend sewer & water mains to and through the property. 5. Future development shall comply with the design standards contained in UDC 11 -3A-19 and the Architectural Standards Manual and/or any updated versions thereof. Volante Investments – MDA H-2016-0056 11 6. Exhibit A.4: Proposed Conceptual Development Plan (dated: April 12, 2016) Volante Investments – MDA H-2016-0056 12 Exhibit A.5: Proposed Conceptual Building Elevations (dated: April 11, 2016) Volante Investments – MDA H-2016-0056 13 Exhibit A.6: Legal Description of Property Subject to Development Agreement