CC - Staff Report for 3-17
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HEARING
DATE:
3/17/2020
TO: Mayor & City Council
FROM: Joseph Dodson, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2020-0013
Everest Surgical Institute - VAC
LOCATION: 2960. E. St. Lukes Street
I. PROJECT DESCRIPTION
Request to vacate plat note number 7 on Mystery View Subdivision (PFP-01-005) plat map restricting
Lot 2, Block 1 to single-story buildings only, by Jeremy Telford, Arete Investments Group, LLC.
II. SUMMARY OF REPORT
A. Applicant/Owner:
Jeremy Telford – 2048 W. Astonte St., Meridian, ID 83646
B. Representative:
Jeremy Telford, Arete Investments Group, LLC – 2048 W. Astonte St., Meridian, ID 83646
III. STAFF ANALYSIS
The plat note that is proposed to be vacated consists of a requirement to restrict future buildings on this
particular lot to single-story only (see Section V.A).
The plat note, and subsequent building story restriction, was added to the plat approval in 2002
(Mystery View Subdivision) to help satisfy neighboring residential property owners and their concerns
of large scale commercial buildings being placed near their property lines. However, the single-story
restriction is not effective in reality as the L-O (Limited Office) zoning district allows building heights
up to 35 feet and a minimum buffer of 20 feet; the plat note does not limit the overall height, only the
number of stories.
The applicant is proposing to build a 15,800 square foot Ambulatory Surgical Center on this property
under the maximum height of 35 feet. If the plat note is to remain, the applicant states they would place
their building approximately 56 feet from the residential properties to the north due to the single story
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
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restriction and to meet the parking requirements in the L-O zoning district. If the plat note is vacated
as proposed, the applicant states the same square feet of building can be accommodated in a much
smaller footprint and be placed approximately 65 feet further away from the residences. This would
then locate the building approximately 120 feet from the residential properties and allow 26 more
parking spaces (see Section V.B).
In addition, the applicant has discussed the proposed plan with each of the residential neighbors that
abut this property on its northern boundary. All of the neighbors agree that they will be satisfied with
the building placed further away from their property as a two-story building, rather than a one-story
building that is closer to them. The applicant has obtained signed non-opposition statements from these
neighbors and has also made an agreement with those neighbors to maintain a minimum 80 foot setback
for any proposed structures on this site. These statements can be found in the public record and the
overall list is attached to this staff report for your convenience (see Section VII.D).
Staff notes, with the plat note in place or with it vacated, there is currently no guarantee this building
will be built as proposed (however, the applicant has already applied for CZC/DES showing the
building as a two-story structure and approximately 120 feet from the residential properties to show
their intent on building what is being proposed in this application). Staff also notes that regardless of
who the applicant and/or developer is for this subject property, and with the single-story restrictive plat
note in place, a 35 foot tall building could currently be built right at the 20 foot buffer line and meet all
UDC requirements. This applicant states they do not want to do this and wants to be a good neighbor
but understands they can be an even better neighbor if the single-story restrictive plat note is vacated.
Vacation of the plat note in question will allow the opportunity to build a structure with a smaller overall
footprint for the site, therefore enabling the Applicant to construct the 15,800 square foot surgical center
with 26 more parking spaces and meet the original intent of the plat note—to not have large scale
commercial buildings near the residences.
IV. DECISION
A. Staff:
Staff recommends approval of the request to vacate plat note number 7 on the existing plat, as
proposed by the Applicant.
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V. EXHIBITS
A. Recorded Plat
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B. Aerial depicting building footprint of one-story versus two-story building.
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C. Proposed Elevations (dated 2/19/2020)
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D. Statement of Non-Opposition from abutting residential property owners.
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