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
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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.