CC - Staff Report 1-3 STAFF REPORT C:�*%_
W IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 1/03/2023 RUT Rv`2 R-15 C-(
Legend
DATE: ® R1 R1 R-2
Project Location �R_2 R-4
TO: Mayor&City Council L-O R-40
R-4 30 R-4 RUT
FROM: Stacy Hersh,Associate Planner Egg
L-O R-4
208-884-5533 IN C G
L
SUBJECT: H-2022-0071 C�3 C-C �T C-G err
Jennie' Retail MDA R5 R-40 I-L
LOCATION: The site is located at 2365 E.Fairview R B ® R_15 R-40 IA
Avenue,near the half-mile mark between�R4 RUT
N. Eagle Road and N. Locust Grove R1:5 L:p
Road,in the NE 1/4 of the NW 1/4 of R1 L-0 C-G
Section 8,Township 3N, Range lE
(R7104250004).
C-G
I. PROJECT DESCRIPTION
Development Agreement Modification(MDA)to amend the existing agreement(DA Inst.
#104027941)to remove the provision in the DA that currently requires conditional use permit
approval for all future uses prior to development on the property,by Richard Wilmot,Chrysalis
Architecture and Planning.
IL SUMMARY OF REPORT
A. Applicant:
Richard Wilmot—3130 W. State Street,Boise,ID 83703
B. Owner: Mauricio and Ilene Garcia—4863 N. Larkwood Place,Meridian,ID 83646
C. Representative:
Same as Applicant
III. STAFF ANALYSIS
The Applicant proposes to amend the Cortabitarte Development Agreement (Inst. #104027941) to
remove the existing provision that requires all future commercial uses to obtain a Conditional Use
Permit (CUP) as shown in Exhibit A. The Applicant believes the requirement of a Conditional Use
Permit for all future uses on the subject property is no longer necessary if the property develops
consistent with the proposed concept plan in Exhibit B below.
The proposed site plan depicts a mix of retail,restaurants, a drive-through, and associated site
improvements. Because the site has the potential to develop with multiple drive-throughs and
restaurants, staff has analyzed the parking on the plan using the restaurant standards requiring one(1)
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parking stall for every 250 square feet(UDC 11-4-3-49)of gross floor area to ensure adequate
parking. Per this standard, 68 parking stalls would be required if the site develops per the submitted
concept plan. Currently,the plan depicts 50 parking stalls. Therefore, staff recommends adding a
provision to the Development Agreement to address potential parking issues by requiring a parking
ratio of I parking stall for every 250 square feet of gross floor area regardless of the use.
Currently,the City is processing a CZC and DES application for a drive-through use on the west
boundary in the Pine 43 development. If the abutting property does develop with a drive-through,the
proposed drive-through would be within 300 feet of another drive-through which would require CUP
approval.
Access to the property is proposed from E. Fairview Avenue; a shared access drive with the property
to the east(R8525101800). Staff has reviewed the Pine 43 Development Agreement(#2018-000751)
conditions of approval and cross-access was required to be provided to this property for future cross-
access and interconnectivity between the two commercial areas. The plan as submitted doesn't
contemplate the cross access with the adjacent property. Staff recommends the applicant grant cross
access with the adjacent property to improve interconnectivity.
Staff recommends the development agreement modification with the recommended changes in
Exhibit A below.
IV. DECISION
A. Staff:
Staff recommends approval of the modification to the DA(Inst. #104027941) as recommended by
Staff s analysis above and with the specific changes below.
Page 2
V. EXHIBITS
A. Existing Development Agreement Provision(DA Instr.#104027941):
Existing:
ANNEXATION AND ZONING CONDITIONS-
A, Adopt the RecomrnendatiouS of the Meridian planes & Zoning Department, as
modified by the PIanning& Zoning Ccmmission, as follows-
• All future uses within the boundaries of this annexation can only be approved
through the Conditional Use permit process.
• The existing residential use may continue as a iegal nonconforming use until such
time as samtaiy mower service is available to the property and at that rime the
rtial use of the building shall cease.
+ The -G areashall remain undcvclopablc until sani.tarysewcrservice isavailablc
to the property.
• Any existing domestic wells and/or septic systerns within this project will have to
be removed from their domestic service, per City [ordinance Scotian 5-7-517,
when services are available from the City of Meridian. Wells may be used far
non-domestic purposes such as landscape irrigation.
• Any other conditions desired by the Council,
DEVELOPMENT AGREEMENT(AZ-03-026)
PAGE 4 OF 4
Staffs Recommended Changes:
Strike this provision in section 5 -"All fi,,we uses within the b,,unda ies of this annexatir
only be appr-eved thfetigh the Conditional Use Permit process.
Add a new DA provision-A cross-access/ingress-egress easement shall be granted and the
shared driveway constructed to Parcel#R7104250566(Pine 43 Subdivision)to the west. A copy
of the recorded easement shall be submitted with the first certificate of zoning compliance
application.
Add a new DA provision—Parking for the development shall be based on the parking ratio of one
(1)parking space for every two hundred fifty(250) square feet of gross floor area regardless of
use.
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B. Conceptual Site Plan(reference only):
Chrysalis
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