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CC - Staff Report Dorado Subdivision – MDA H-2016-0131 1 STAFF REPORT HEARING DATE: January 3, 2017 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: Dorado Subdivision – MDA H-2016-0131 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Jake Wylie, requests a modification to the existing development agreement (MDA) (Instrument No. 105127512) to remove the requirement for a conditional use permit on Lots 1 and 2, Block 1, Dorado Subdivision. 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-2016-0131 as presented in the staff report for the hearing date of January 3, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2016-0131 as presented during the hearing on January 3, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0131 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 located at 2490 & 2976 E. Overland Road, in the southeast ¼ of Section 17, Township 3N., Range 1E. B. Owners: W. H. Moore 1940 S. Bonito Way, Ste. 168 Meridian, ID 83642 C. Applicant: Jake Wylie 1464 E. Territory Drive Meridian, ID 83646 Dorado Subdivision – MDA H-2016-0131 2 D. Agent/Contact: Greg Toolson, JGT Architecture 1212 12th Avenue South Nampa, ID 83651 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: December 12 and 26, 2016 C. Radius notices mailed to properties within 300 feet on: December 9, 2016 D. Applicant posted notice on site by: December 23, 2016 VI. LAND USE A. Existing Land Use(s): This property has not yet been developed and is zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Single-family residential properties, zoned R1 in Ada County West: Single-family residential properties, zoned R1 in Ada County South: Commercial/restaurant uses, zoned C-C East: Commercial/restaurant uses, zoned C-G C. History of Previous Actions:  In 2005, this property received the following approvals:  Annexation and zoning (AZ-05-019) with a C-G zoning district. A development agreement (DA) was recorded as a provision of annexation (Instrument No. 105127512).  Preliminary plat (PP-05-024)  Conditional use permit/planned development (CUP-05-031)  Final plat (FP-05-057)  In 2008, a property boundary adjustment was approved for Dorado Subdivision which included the subject property, recorded as Record of Survey (#7551). VII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests a modification to the existing development agreement (Instrument No. 105127512) to remove the requirement for a conditional use permit (CUP) for development on Lots 1 and 2, Block 1, Dorado Subdivision. When the CUP was approved for this subdivision in 2005, the City had not yet adopted standards for design review and required development to obtain CUP approval to ensure quality of design. Since that time, the City has adopted standards for building and site design and no longer requires CUP approval if the use is a principal permitted use in the zone. For this reason, staff doesn’t feel it’s necessary to require a CUP as all future development is subject to design review. Any uses that require CUP Dorado Subdivision – MDA H-2016-0131 3 approval in the C-G district per UDC Table 11-2B-2 will still be subject to a CUP. X. EXHIBITS A. Drawings/Other 1. Zoning & Vicinity Map 2. Proposed Change to the Development Agreement Dorado Subdivision – MDA H-2016-0131 4 Exhibit A.1: Vicinity/Zoning Map ÚÚd ººe SAGECREST ROLLING HILL L-O TN-RR-15 C-C I-L L-O RUT C-G R1 R-40 R1 C-G R-4 R1 RUT C-G E OVERLAND RD S E A G L E R D §¨¦84 S W E L L S S T S L O D E R P L E GOLDSTONE ST S M I L L E N N I U M W A Y EGOLDSTON E D R E PEWTER FALLS STEBLUEHORIZONDR E GALA CT S L U X U R Y L N S M U S T A N G S T E WELLS CIR ECINEMA DR E GALA ST S J A D E W A Y E ONYX ST E F R E E W A Y D R E C O N T I N E N T A L D R E TARPONDR S T O P A Z A V E S R A C K H A M W A Y S B O N I T O W A Y S B O N I T O W A Y S W E L L S A V E S C O B A L T P O I N T W A Y S S I L V E R S TO N E W A Y S CELEBRATION AVE S J A D E A V E S T O P A Z W A Y SILVERSTONE NO 03 GRAMERCY NO 02 JEWEL BONITO SILVERSTONE SQUARE CONDOS ENNIS KRAFT CONDOS RIVERBIRCH COURTYARD CONDOS MEDICAL MILLENNIUM CONDOS LOCUST VIEW HEIGHTS NO 02 WYNDSTONE PLACE SILVERSTONE OVERLAND WAY GAUDRY SEEGMILLER SILVERSTONE CAMPUS SILVERSTONE TOWN SQUARE CONDOS PROJ AMD NO 01 VALENCIA PLAZA CONDOS MAGIC VIEW GOLDSTONE CENTER CONDOS DESTINATION PLACE BONITO NO 02 VALENCIA PLAZA SILVERSTONE CORPORATE PLAZA CONDOS MAGIC VIEW AMD GOLDSTONE CENTER CONDOS PROJ AMD NO 01 DESTINATION PLACE NO 02 RESOLUTION NO 01 GALA PARK HUMMINGBIRD ACCOLADE NO 01 LOCUST VIEW HEIGHTS GRAMERCY NO 01 DORADO Dorado Subdivision – MDA H-2016-0131 5 Exhibit A.2: Applicant’s Proposed Change to the Development Agreement (Inst. #105127512) Page 3 of 9 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1.1 Notwithstanding the status of the property as a planned development, no new buildings are approved for construction on that part of the property that is identified as lots 1, 2, 3, 15 & 16 on the preliminary plat except pursuant to an application for conditional use permit submitted and approved by City prior to submittal of any Certificate of Zoning Compliance application and/or building permit. If the property within Overland Way Subdivision adjoining said lots to the north and west ceases to be used for residential purposes, this requirement shall be deemed waived with respect to any of said lots which abut such adjoining property. Note: No other changes to the provisions are requested or approved.