CC - Staff Report 3-23 STAFF REPORT E COMMUNITY
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COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 3/23/2021 Legend T R-15 ql
DATE: I�l
U Project Location C-00
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TO: Mayor&City Council a
R-4 E NAKANO DR,-
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FROAM: Joseph Dodson,Associate Planner Z E VAN 4 o
208-884-5533 OKERST R-8 M
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SUBJECT: H-2021-0009 4F U C-
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Cornerstone Dental MDA -USTICI(RD R-2Z
LOCATION: The site is located at 3250 N. Leslie R-15 R1 R-15 R1
Way, in the SW '/4 of the SE '/4 of R_8 i Z W
Section 32, Township 4N., Range IE. \ R_8 < a M Z z
R-15 R-2 W 3
RUT
R-2 z Z
_R- R1 R1 R1 R-2
I. PROJECT DESCRIPTION
Development Agreement Modification to amend the first addendum of the Champion Park Addition
Development Agreement(Inst. #106048480)to remove the provision requiring all future uses to
obtain a Conditional Use Permit,by 12.15 Design.
II. SUMMARY OF REPORT
A. Applicant:
Jessica Petty, 12.15 Design—6584 E.Playwright Drive, Boise, ID 83716
B. Owner:
Dr.Matthew Tuft, Copperstone Dental—3200 N. Leslie Way, Ste. 100,Meridian,ID 83646
C. Representative:
Same as Applicant
III. STAFF ANALYSIS
The Applicant proposes to amend the first addendum of the Champion Park Addition Development
Agreement (Inst. #106048480) to remove an existing provision of the original agreement (Inst.
#103085229) attached to the addendum as Exhibit B. The existing provision of the original
Development Agreement(DA)is still valid because it is attached to the amended one as an exhibit.The
existing provision requires that all future commercial uses obtain a Conditional Use Permit(CUP).
The subject site is the last remaining undeveloped commercial property within the Champion Park
Subdivision. The property is zoned C-N (Neighborhood Business District) and the proposed use is a
new two tenant commercial building with the main user being a dentist office. The proposed use of a
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dental office is a principally permitted use under current development code within the C-N zoning
district.Because this is the last remaining undeveloped lot,the Applicant is choosing to amend the DA
and remove the provision instead of obtaining a CUP as it will no longer be a necessary provision with
the entire development being developed following construction of the new building.
The existing DA provision specifically points out limiting hours of operation as the reasoning for
requiring a CUP.Current development code limits the hours of operation within the C-N zoning district
to the hours of 6:OOAM to 10:00PM. Staff fords the already limited hours of operation of the zone in
conjunction with the location of the site to be sufficient for future development and provide adequate
evidence to remove the existing provision. Therefore, staff recommends the development agreement
modification with the recommended change in Exhibit A below.
The applicant has submitted a site plan that is from their Certificate of Zoning Compliance application
that is ready to be approved by Staff should Council approve this modification to the DA. The site plan
is site specific so it should not be part of the DA that encompasses the overall and much larger
development. The site plan depicts adequate parking, drive aisles widths, and landscaping to be
approved. The elevations show a standard office building seen here in Meridian with earth tone colors,
a pitched roof with dormers, stucco walls, and stone accents.
In addition to the request for the DA Modification, the Applicant is requesting a Council Waiver to
reduce the required landscape buffer along the eastern property line from 20 feet to 15 feet to match
the existing buffer along the east boundary and adjacent to the existing office building to the south.The
property to the east of the site is a multi-family development and there are approximately two structures
directly abutting the subject site. The reason for the waiver request is to accommodate a wide enough
drive aisle that allows two-way traffic and can meet the required fire access radii.Furthermore,there is
only a portion of the required buffer that is actually adjacent to the noted drive aisle that truly requires
the reduced buffer. The Applicant is showing more than the required buffer width of landscaping
beyond this area. For these reasons, Staff supports their request and does not see the change in buffer
width as becoming detrimental to the adjacent development to the east.
IV. DECISION
A. Staff:
Staff recommends approval of the modification to the DA(Inst. #106048480) as recommended by
Staff s analysis above and with the specific change below.
V. EXHIBITS
A. Development Agreement Provision#6.A.2 from the original DA(Inst. #103085229)attached to
the amended DA(Inst. #106048480) as"Exhibit B":
Existing:
"All future commercial uses shall obtain detailed conditional use permits prior to development.
The conditional use permits will place limits on the hours of operation of the commercial uses.
Owner shall be allowed continued use of the land for agricultural and livestock purposes(not to
exceed 150 head of cattle)until 12/21/05 or final plat approval of all phases."
Staffs Recommended Change:
Strike the condition-"
prior-to development. The eenditional use pemiits will plaee limits on t4e hours of operation of
the eewAner-eial uses. &A%er-shall be allowed eefAifmed use of the 4ad for-agr-ieuhur-al a-a
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B. Existing DA Provisions from original DA noted as Exhibit B in addendum:
AMEM N AND ZONUNG CONDTION5OFAPPROVAL
1. Run❑v r any cxi stins dorneym wells sncl/ac seapdc syst ns within thi a project
Boas their dontost,c wvipo.per City Ordineoce Section 5-7-5 17. when scrriccs are
available from the CAy o(Maidia n. Wells maybt uaod for nor-domcstic pugxAm
such as laDdscWe irripion. The Nvis home (2740 Ustick) shall coaneet to City
sern+ioes whoa the pha -0f0c prWscd subdiviaion that inclu&s the huuLse it
"uhmiucd for ranal plal_
2. AU Mum comm=ial usrs shal I obtain de#aiilod ca itiooal use permits print
DEVID)P4 Wr AOREEMEIN-r(AZ-02-033)
PAG L 4 of 23
to developamt. T he c vn dW"al use p ermix3 w ill p luck I imi is o n r he h ours o f
OPMOdcn afthcCOMMM mial dom OwncTsWl be al:ltwed continued use of the lord
far a8tiCWItasrl and Evctock Phases ('*jot to cxccod 150 heed of cattle) wain
112 1103 cc#IrW plea approval of all phi_
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C. CZC Site Plan(reference only):
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