Staff ReportSTAFF REPORT Hearing Date: May 7, 2013
TO: Mayor & City Council E IDIAN~--
FROM: Sonya Wafters, Associate City Planner
208-884-5533 I D A H O
SUBJECT: MDA-13-007 -Medina Subdivision (aka Meridian Gateway)
I. SUMMARY DESCRII'TION OF APPLICANT'S REQUEST
The applicants, William & Mary Howell; Meridian Promenade P1, LLC; and Jack in the Box, Inc., request
approval to amend the existing development agreement (MDA) for Medina Subdivision. The development
agreement (DA) currently requires, among other provisions, all future uses on each lot to obtain conditional
use permit approval. The applicant's request is to remove the conditional use permit requirement for all lots
within the subdivision. See Section IXAnalysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA with the changes shown in Exhibit A.2, attached.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MDA-13-007 as
presented in the staff report for the hearing date of May 7, 2013, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny MDA-13-007 as presented
during the hearing on May 7, 2013, for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number MDA-13-007 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 at 1625, 1653, 1737, 1761 and 1823 W. Overland Road at the southwest
corner of S. Meridian Road (SH 69) and W. Overland Road, in the NE'/o of Section 24, Township 3N.,
Range 1 W.
B. Owner(s):
Meridian Promenade P1, LLC
P.O. Box 1159
Deerfield, IL 60015
William & Mary Howell
P.O. Box 1277
Boise,lD 83701-1277
Jack in the Box
9330 Balboa Avenue
San Diego, CA 92123-1516
Medina Subdivision MDA-13-006
C. Applicant:
Same as owner
D. Representative:
Jeff Huber, White-Leasure Development Company
8385 W. Emerald Street
Boise, ID 83704
E. Applicant's StatemendJustification: 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: April 15, and 29, 2013
C. Radius notices mailed to properties within 300 feet on: April 11, 2013
D. Applicant posted notice on site by: April 19, 2013
VI. LAND USE
A. Existing Land Use(s) and Zoning: Medina is a 6-commercial lot subdivision. One of the lots, a portion
of the subject property, has been developed with a Walgreen's pharmacy and retail store; the remainder
of the site is undeveloped.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: Single-family residential properties
exist to the south of this site, zoned R-8; Lowe's building supply store exists to the west, zoned C-G;
Overland Road and Meridian Road abut the site on the north and east sides of the property with
commercial uses across the road.
C. History of Previous Actions:
• In 2005, this property was annexed and zoned (AZ-04-031) with a C-G zoning district under the
name of Meridian Gateway. A development agreement was approved as a provision of the
annexation, recorded as Instrument No. 105134293.
• In 2006, this property received the following approvals:
- Variance (VAR-OS-027) for one right-in/right-out access via SH 69/Meridian Road.
- Conditional use permit (CUP-06-015) for adrive-through establishment for the Walgreen's
pharmacy in a C-G zoning district.
• In 2007, this property received the following approvals:
- Modification to the existing development agreement (MI-07-002, Instrument #107099630) to
allow one right-in/right-out access via S. Meridian Road.
- Preliminary plat (PP-07-003) consisting of 6 commercial building lots on 8.06 acres of land in a
C-G zoning district.
- Final plat (FP-07-023) consisting of 6 commercial building lots on 8.06 acres of land in a C-G
zoning district.
• In 2008, a conditional use permit (CUP-08-021) was approved for adrive-through establishment for
a multi-tenant building proposed on the lot to the west of Walgreen's. An 18 month time extension
(TE-10-012) to commence the use approved with the CUP was approved in 2010. Another time
Medina Subdivision MDA-13-006
extension (TEC-11-004), for two years, was approved in 2011 and will expire on 9/4/13 unless the
use is commenced or another time extension is requested and approved.
D. Utilities:
1. Public Works:
a. Location of sewer: Sewer was installed to each lot with development of the subdivision.
b. Location of water: Water was installed to each lot with development of the subdivision.
c. Issues or concerns: NA
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: NA
3. Flood Plain: NA
VII. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The request is to amend the existing Development Agreement (DA) (Instrument No. 105134293 &
107099630), which currently requires all future uses on each lot to obtain (detailed) conditional use
permit (CUP) approval. The applicant's request is to remove the CUP requirement and add language
stating all future uses that conform to the C-G zone would be approved and that any future uses with
drive-thru windows within 300' of a residential building require a conditional use permit.
The applicant states the reason for the request is because the property is bordered on three sides by
commercial uses. Additionally, requiring a CUP for each new use that is in conformance with the C-G
district is time consuming, costly, and burdens staff with additional work.
At the time this DA was approved (2005), the City did not have design standards; this project pre-dates
the UDC. Therefore, conditional use permit approval was required to ensure quality of design of the site
and structures. Because the City now has design standards that are applicable to future development of
this site, there is no need for detailed CUP review and approval except for when such is required by the
UDC for the use. Adrive-thru establishment proposed within 300 feet of another drive-thru facility, an
existing residence or a residential district is required to obtain CUP approval per UDC 11-4-3-11.
Because the current UDC provisions cover the intent of the DA for this property, staff recommends this
provision be stricken in its entirety; or, if Council desires to retain the CUP language, Staff
recommends changes that are consistent with UDC requirements (see Exhibit A.2).
Staff is supportive of the change to the DA requested by the applicant as amended by staff in Exhibit
A.2.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Amendment to Development Agreement
Medina Subdivision MDA-13-006
Exhibit A.1: Vicinity Map
Medina Subdivision MDA-13-006
Exhibit A.2: Proposed Amendment to Development Agreement
Applicant's proposed change:
CONDITIONS GOVERNING ANNEXATION AND REZONING OF SUBJECT PROPERTY:
5. All future uses on proposed lots or parcels within the annexation area shall be deemed approved
~hr~uah th~ ~ a•+• ~ TT D '~ so long as they conform to uses allowed within the
designated C-G zone. Any future use inco orating a drive thru window into the desi n of a
buildme shall require conditional use permit if said drive thru window is located within three
hundred feet of the exterior wall of a residential buildin .
Staff s recommended change:
5.
Or, if Council wishes to retain the CUP language:
5. All €~~re-uses drive-thru establishments on proposed lots ems-peels within the
annexation area shall be approved through the Conditional Use Permit process if they are
within 300 feet (300') of another drive-thru facility, a residential district or an existing
residence unless separated by an arterial street in accord with UDC 11 4 3 11.
Medina Subdivision MDA-13-006