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Staff ReportSTAFF REPORT Hearing Date: TO: FROM: SUBJECT: October 23, 2012 Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 MDA-12-007 -Centrepointe (~i~E ` IDIAN~- IDAHO I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, WH Moore Company, requests approval to amend the conceptual development plan and associated provisions in an existing development agreement (DA) to allow the development of a multi- farnily residential within the Centrepointe Subdivision. See Section VII Analysis for more information. II. SUMMARY Staff recommends approval of the proposed development agreement modification. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number MDA-12-007 as presented in the staff report for the hearing date of October 23, 2012, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny MDA-12-007 as presented during the hearing on October 23, 2012, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number MDA-12-007 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 subject property is located on the northwest corner of Eagle Road and Ustick Road, in the SE '/< of Section 32, Township 4N., Range lE. B. Owner(s): Blue Marlin Investments, LLC 1940 Bonito Way, Suite #160 Meridian, ID 83642 C. Applicant: Jonathan Seel, W. H. Moore Company 1940 Bonito Way, Suite #160 Meridian, ID 83642 Ccntrcpointe MDA-12-007 D. 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: October 1, and 15, 2012 C. Radius notices mailed to properties within 300 feet on: September 28, 2012 D. Applicant posted notice on site by: October 11, 2012 VI. LAND USE A. Existing Land Use(s) and Zoning: This property vacant commercial land, zoned C-G B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: County residences, zoned RUT (Ada County) 2. East: Commercial properly, zoned A-1 and C-1D (Boise City) 3. South: Vacant commercial property, zoned C-G 4. West: Single-family residential properties in Champion Park Subdivision, zoned R-8 C. History of Previous Actions: hr 2003, the property was annexed (AZ-03-025) into the City with the C-G zone. Adevelopment agreement was required with the annexation of the property. Several addendums (MI-OS-017 and MI-06-008) have been processed as well. This will be the third addendum to the recorded development agreement for the subject property. D. Utilities: 1. Public Works: a. Location of sewer: NA b. Location of water: NA c. Issues or concerns: No issues or concerns from the Public Works Department. E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities. 2. Hazards: NA 3. Flood Plain: NA VII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The request is for an amendment to an existing development agreement (DA) to allow for the development ofmulti-family residential on the site. The amendment includes a new concept plan and changes to associated provisions of the DA. Note: T/:e submitted concept plan depicts the genernl locution for the fixture multi fumi/y development (see Exhibit A.3J. Centrepointc MDA-12-007 The original concept plan envisioned commercial uses for the entire Centerpointe development (see Exhibit A. 2). As such, restrictions were placed on the development to ensure compatibility with the adjacent residential uses to the west and north. Currently, the DA prohibits multi-family developments, limits the height of the structures along the western and northern boundary to 35 feet and requires a 25- foot wide landscape buffer along the northern boundaryy. The applicant is requesting the following modifications to the provisions in the development agreement (Instrument # 106191305) in strike-out/underline format: (Staff's comments are shown below in italics) • 4.1.c -The applicant is requesting to remove the multi-family use from the list of prohibited uses. Strike .^„": F ...:z.. -'^- ^'~°°-^°* Staff is in agreement with the proposed change. The subjectproperty is designated mixed-use regional (MU-R). The purpose of this designation is to provide a nzix of employment, retail and residential dwellings. The MU-R designation encourages residential uses to comprise 10% of the development area. Removing the prohibition of a multi family development from the DA supports the vision of the comprehensive plan. Further, the property is zoned C-G. The Unifted Development Code (UDC) requires a conditional use permit for multi family development. Modification to this provision would only provide an option for the applicant to apply for a conditional use permit. • S.e -Exclusive of any public street ,driveway stub and any future multi-family development, a 25-foot wide landscape buffer designed in accordance with UDC 11-3B-9 shall be constructed adjacent to Jasmine Lane along the northern boundary of the subject property '^^'• . For commercial development abutting Jasmine Lane, this landscape buffer shall include a berm and six foot solid fence. For multi-family development abuttin¢ Jasmine Lane, a 10-foot wide landscape buffer shall be constructed in accordance with UDC 11-3B-9. In addition to the landscape buffer, trash compactors or loading docks shall be prohibited along the north side of any future buildings located along the northern boundary of the subject property. Staff is in agreement with the proposed change. This site abuts residential property along the western and northern boundary. The applicant has already obtained approval to reduce the landscape buffer along the western boundary front 25 feet to 10 feet with a previous developnzenl agreement »zodiftcation. The northern portion of the site abuts a private street (Jasmine Lane). The private street easement is 50 feet wide. Under the UDC a private street is treated as a local street and would not require a 25 foot landscape buffer as the street serves as adequate buffering to the adjacent residential uses. By ordinance a 10 foot landscape buffer is required along local/private streets in the C-G district. Additionally, the UDC allows the buffer between camnzercial and residential uses to be reduced by City Council during the public hearing. The C-G zone also has no requirements for building setbacks however; the specific use standards for multi family developments require a minimum setback along the perimeter of the development to be10 feet. Staff has received written testimony from the Jasmine Acres Homeowner's Association in opposition of the proposed changes to the development agreement. The nearest residence along the northern boundary would be approximately 115 feet. Within the SO foot wide Jasmine Lane easement (south side of the road), there is approximately a 20 foot wide landscape strip that could be landscaped. If this area where landscaped in addition to the 10 feet the applicant is proposing, a 30 foot wide landscape buffer could be Centrepointe MDA-12-007 provided. Staff encourages the applicant coordinate with the homeowner's association to see if this is afeasible solution to address their concerns. • S.h. -Future commercial buildings along the western and northern property boundaries ~ aids n , a ~, ~n ....a ~,,,, r ..,:,., ~.... r•,,...e. Champion Park Subdivision and Jasmine Lane) as shall not exceed 35 feet in height. Future multi-family buildings along the western and northern property boundaries (Champion Park Subdivision and Jasmine Lane) shall not exceed 40 feet in height. As mentioned earlier, the property is zoned C-G. The maximum height limit in the C-G zone is 65 feet. Since the requested height modiftcation is below the maximum height reguirentent of the C-G zone and is proposed only for any future multi fancily development, staff is in agreement with the requested change. Additionally, the proposed 40 foot height restriction is consistent with the maximum building height in the R-IS zone. • Add new provision -Prior to the issuance of the certificate of occupancy for the first commercial buildin¢ abuttin¢ N. Eaele Road (northeast corner of the Centrenointe North development, pad 25 or pad 26) the applicant shall construct and maintain an "Welcome to Meridian" entr~vay monument sign. The applicant shall coordinate with staff on the design of the sign The City has identifted this site for a future entryway monument sign to be located on the northeast corner of the Centrepointe North development. Since the DA is being modified staff is of the opinion that the entryway nconuncent sign should be incorporated as part of the development. It is important to note that the final design and construction specifrcations have not been finalized but draft documents are currently under review. Staff recommends approval of the applicant's request and recommends the DA provisions be modified in accord with Exhibit A.4. X. EXFIIBITS A. Drawings/Other L Vicinity/Zoning Map 2. Approved Concept Plan 3. Proposed Concept Plan 4. Staff Recommended Changes to Development Agreement Cenhepointe MDAd2-007 n 0 N O ::7 v to th a --~ C n N 0 ~~ oa y V N O O v n 0 N O O J v \L',;.' (~ ;~ `:z aic ='. 7J _' ~ f"i'f '-1 c~ D n m ~"1` ai k0~ ~7 ~ ~~Q ' ~IoS ~~ 1 ~ L ~w ° _ fir, ~ y m4 a 25 0 3 ~ lJ ~^ l 1 n v .* b ?~ Exhibit A.3: Proposed Concept Plan PROPOSED CONCEPT PLAN COMMERCIAL / MULThFAMILY Paola Rn11Ri~ "'"`~` 681HHIOHHHH9 OHHHNH9HIHBIII~ ONHO "°~~;~~'OBNHIIOHNINM ~ ~ ~ ~ ~ Il M PA016 Y 9~,1e7 BF ~ '1~I pEra&F I ~n""D~IIII to ~n~'" I1B 911NM Y1,aW 9F ~ 111 PaoN _. ~~~~~~~p~'I'IIIIn p~I, p ~~n~~n Ce7 99,BBi 9F ~IIInI11niIIIIIIII ~'IMIIIIIQII~Ix IiliL oicxx 9PQRiIN9 I i ~~ ~ OOODa ~i~ ~pfn(1~~~ If~ p~~~~~~~~~~~ ~~~~~p PM 19 Z 81.9999F UIIIIIIIIyIIIPIIIIU IIPI~~I~P~I~ 1[TIIY n,l19aF IIIIIIIInllplll llln _ _. _ ~1 , 1 ~,ralLa exM~ YII~~~IIY~11~11I~Y 1 ~~ PM iR L19~9P99' 9rAll EB ~.u mIL Myljyy ~ In rurxnwx BPALE $ ~ ~ry I Iluex'1~euw~elax 1~ ~. oII~P~ I D ~~;„ o~PHa-IIwIi~IPw o~;u~P~a PM 19 RB,9U 9F +ro~:F 4~HHNfIIRIIIINNO ONHHOIHHIN PaOa ~HRIHMNHHfHiB OHHIHONIIPHO OHlaHHWH(6 9amasF - _..__..........- -_....._ ......... ................. E USTICK RD .1 W.H. MQOR)E wre ~lnw 9a.fvzafx ~I c 1a M a A N Y K110N1iM1Y CENTREPOINT MARKETPLACE 9 1® Real fable Oa~e:Ppmenf w .,i41°mm~leax,x Centrepointe MDA-12-007 S Exhibit A.4 -Staff Recommended Changes to Development Agreement The changes to the Development Agreement recommended by Staff are shown below in strike-ondunderline format. 4. USES PERMITTED BY THIS AGREEMENT: 4. l.c -The applicant is requesting to remove the multi-family use from the list of prohibited uses. Strike,..,,i.: r ...:r .....................« 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: S.e -Exclusive of any public street ,driveway stub and any future mulfi-family development, a 25-foot wide landscape buffer designed in accordance with UDC 11-3B-9 shall be constucted adjacent to Jasmine Lane along the northern boundary of the subject property ~~°°'°a~° °a° " '^ °°a *"° ~°~--~"~ ' '"° "^°°'°° ~a«° D1°°. For commercial develo went abuttin Jasmine Lane, this P € landscape buffer shall include a berm and six foot solid fence. For multi-family development abutting Jasmine Lane, a 10-foot wide landscape buffer shall be constructed in accordance with UDC 11-3B-9. In addition to the landscape buffer, trash compactors or loading docks shall be prohibited along the north side of any future buildings located along the northern boundary of the subject property. S.h. -Future commercial buildings along the western and northern property boundaries (~°aPa °~°,' 1- '^ °..a ."° F --•~'° °•'° "°^~°~ Champion Park Subdivision and Jasmine Lane) a° °"°-°° °° «"° r^:.,.«,._ s shall not exceed 35 feet in height. Future multi-family buildings along the western and northern property boundaries (Chamuion Park Subdivision and Jasmine Lane) shall not exceed 40 feet in height. Add new provision -Prior to the issuance of the certificate of occupancy for the first commercial building abuttin¢ N. Eagle Road (northeast corner of the Centrepointe North development pad 25 or pad 26) the applicant shall construct and maintain an "Welcome to Meridian" entr~vav monument sign. The applicant shall coordinate with staff on the design of the sign. Centrepointe MDA-12-007