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Staff ReportSTAFF REPORT E II~IAN Hearing Date: August 13, 2013 y s , ;~ I TO: Mayor & City Council FROM: Sonya Wafters, Associatz City Plamrer (208)884-5533 SUBJECT: MFP-13-001 -McNelis Subdivision I. APPLICATION SUMMARY The Applicant, Ten Mile hrvestinents, LLC, has requested approval of a modification to the McNelis Subdivision final plat to remove the 20-foot wide landscape easement noted on Lots 3, 5, and 9, Black 1. IL STAFF RECOMMENDATION Staff recommends approval of the subject application. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number MPP-13- 001, as presented i^ the staff report for the hearing date on August 13, 2013. Denial After considering all Staff', Applicant, and public testimony, I move to deny Pile Nmnber MFP-13- 001, as presented during the hearing on August 13, 2013, for the following reasons: (Yon should state specific reasons for denial.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Nmnber MFP- 13-001 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 generally located at the northwest corner of W. Ustick Road and N. Ten Mile Road, in the southeast'/a of Section 34, Township 4 North, Range 1 West. B. Applicant/Representative: Ten Mile Investments, LLC 62] N. Robinson Blvd. Nampa, Idaho 83687-8619 C. Owner: Same as applicant D. Applicant's Statement/Justification: Please see applicants narrative for this information. V. PROCESS FACTS The subject application is fora modification to the final plat. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, the City Council is the decision making body on this matter. A public meeting is required to be held for this type of application. McNelis Sub MFP-13-001 - I - VI. LAND USI; A. Existing Land Use(s): McNelis Subdivision consists of commercial properties zoned C-G and [- L that are in the development process. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The City's wastewater treatment plan lies to the north of this site and residential properties exist to the east, west, and south. C. History of Previous Actions: • On Jnly 13, 2004, the site received the following approvals: - Amrexation and zoning (AZ-04-004) of 34.6 acres of land from the RUT zoning district in Ada County to the I-L, L-q and C-G zoning districts (Ordinance No. 04-1090). A development agreement (Instrument No. 104093293) was required as a as a provision of amrexalion. - Preliminary Plat (PP-04-004) consisting of 16 commercial building lots and 5 common lots on 34.6 acres of land. Two time extensions (TE-OS-003; TE-07-012) were approved to obtain the City Engineer's siguahu•e on the final plat The plat was recorded in 2008. Ou August 9, 2005, this properly received final plat (FP-OS-047) approval of 16 building lots and 4 common lots on 34.6 acres of land. • On June 7, 20] 1, the site received the following approvals: - An amendment to the comprehensive plan (CPAM-10-002) future land use map to change the land use designation on 13.85 acres of land from Mixed Use -Community (MU-C) and 20.04 acres of land from Office to Mixed Use -Non Residential (MU-NR). - Rezone (RZ-11-001) of 16.24 acres of land from the L-O zoning district to the C-G zoning district; and 0.43 of an acre of land from the L-O zoning district to the [-L zoning district is also proposed consistent with the CPAM request. - A modification to the existing development agreement (MDA-I1-002) is requested to update the zoning of the property in accord with the rezone; update the uses allowed on the site consistent with the UDC for the respective zone except for those specifically prohibited in the agreement; update the owner information; and remove the requirement for conditional use permit approval of uses on lots that abut Ustick Road, Ten Mile Road, and/or the Nine Mile Creek. VII. STAFF ANALYSIS The applicant requests approval to modify the McNelis Subdivision final plat to remove the 20-foot wide landscape easement noted on Lots 3, 5, and 9, Block 1. When this subdivision was originally approved, Lots 3 and 4, Block 1 were zoned C-G and the abutting lots to the north and west were zoned L-O. The code in effect at that time required a 20-foot wide landscape buffer to be provided on C-G zoned properties that abut L-O zoned properties. The developer was allowed to place Che buffer on the L-O zoned property rather than the C-G zoned properly to allow more room for development of the C-G lots. Since that time, the L,-O zoned property was rezoned to C-G and the buffer is no longer required. In order to remove the note from the plat, the Ada County Surveyor requires action frotn the City Council in order to file and record an Affidavit of Plat Note Change to remove the easement. Because the UDC does not require a land use buffer between C-G zoned properties, Staff recommends approval of the applicant's request. McNelis Sub MFP-I3-OOI - 2 - VIII. EXIIIBITS A. Drawings 1. Vicinity Map 2. Final Plat McNelis Sub MFP-13-001 - 3 - A. Drawings 1. Vicinity Map McNelis Sub MFP-13-001 - 4 - 2. Final Plat r~ztar~[.re>•r neu e. tiA WN ,MD m w ,orb m ~m ,rs. roy °4 n ~~_ 1,~C \ k~~ el`f` nW \~~~~.~"w1+v^uwv F ``\ ` v. ~~ ~ N Yy - a :izxi ur s ttrrtzc zr ' ~ ~ ~ a1 rY . _ _ .~ c,~.. moo, a. - _ - ~ wr • I~ ^ q v, nua ~. 'S~ ______ ~rx Ewe y=~w~3 re..wumacvs.m+wv+• " 9 m ii mw y ew.~~ aAr _ y . . a ~~ _____ e _.. v ri:armw.in.ncw ~ v+'x%x a am McNelis Sub MFP-13-00] - 5 - RI.AT snovnr+c /i PORTION Gr THE 5 ys OF 111E 5E Y Di` $`CT1PN 34 TAN., Ra1V„ g.M., MERIDIAN, AOA COUNTY, IDAHO TC08 uc~v~ r~- _®~ - ar.rW