Staff Report CCSTAFF REPORT
HEARING DATE: Apri122, 2014
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: MDA-14-005 -Northpointe Commercial
I. SUMMARY DESCRIPTION OF REQUEST
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The applicant, Blackhawk/Meridian, LLC, is requesting to amend the recorded development
agreement (DA) (instrument #103181095) approved with the Kelly Creek Subdivision. Currently, the
DA requires CUP approval prior to any development occurring on the commercial property. The
applicant is requesting to remove this requirement from the DA. See Section VII Analysis for more
information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the development agreement modification application as detailed in
Section VII of the staff report.
III. PROPOSED MOTION
Approval
After considering all staff, applicant, and public testimony, I move to approve file number MDA-14-
005, as presented in staff report for the hearing date of April 22, 2014, with the following changes:
(insert any changes here). I further move to direct Legal Department Staff to prepare a Development
Agreement for this site that reflects the changes in the DA as noted in Exhibit A.2.
Denial
After considering all staff, applicant, and public testimony, I move to deny file number MDA-14-005,
as presented during the hearing on April 22, 2014. (You should state why you are denying the
request.)
Continuance
I move to continue file number MDA-14-005 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 site is located on the northwest corner of W. McMillan Road and N.
Linder Road in the southeast'/a of Section 26, Township 4 North, Range 1 West.
B. Applicant/Owner:
Blackhawk/Meridian, LLC CapEd
3454 Stone Mountain Lane 275 S. Stratford Drive
Star, ID 84092 Meridian, ID 83642
C. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is a request for a development agreement modification. Per Meridian City
Code, a public hearing is required before the City Council on this matter.
B. Newspaper notifications published on: March 31, and April 14, 2014
Northpointe Commercial -MDA-14-005 Page 1
C. Radius notices mailed to properties within 300 feet on: March 25, 2014
D. Applicant posted notice on site by: April 11, 2014
VI. LAND USE
A. Existing Land Use(s): The subject property is vacant commercial property, zoned C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is
located on a prominent corner and is surrounded by R-8 zoned residential development on the
west and north.
C. History of Previous Actions:
• In 2003, the property received annexation (AZ-03-013), preliminary plat (PP-03-014) and
conditional use permit (CUP-03-028) for Kelly Creek Subdivision. The preliminary plat
consisted of 214 residential lots, 10 office lots and 4 commercial lots and 15 common lots on
79.77 acres. In addition, the planned unit development (CUP) allowed a 20 percent use
exception for office and commercial uses. A development agreement was also required upon
annexation of the property recorded as instrument # 103181095. A provision of the DA
requires CUP approval prior to any development occurring on the site.
• In 2007, the property received final plat (FP-07-035) approval known as Kelly Creek
Commercial Subdivision (recorded as Northpointe Commercial Subdivision). The fmal plat
consists of four (4) commercial lots on 4.91 acres.
• In 2011, Lot 4, Block 1 of Northpointe Commercial Subdivision received conditional use
permit (CUP-11-006) approval to develop a credit union with drive-through. In 2012, this lot
was also further subdivided into two (2) commercial lots through a short plat (SHP-12-001).
• In 2013, a certificate of zoning compliance was issued for the construction of the credit
union. Currently, the credit union is under construction and the applicant wishes to
commence with site development to the west in conjunction with the credit union
construction. Per the recorded DA, construction cannot commence until the property receives
CUP approval.
VII. STAFF ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The applicant proposes an amendment to the existing development agreement (DA) (Instrument No.
103181095) approved with the Kelly Creek Subdivision. At the time of the Kelly Creek approvals the
City did not have awell-established design review process. Because there were no design standards in
effect when this property was annexed, the recorded DA requires a CUP for the approval of the site
and buildings to ensure a quality commercial development.
Under today's regulations all commercial developments require design review approval which
addresses site development and building architecture. Therefore, it is staffls opinion that the City has
the necessary tools in place to adequately review development of the commercial property without the
need for detailed CUP approval.
It is important to note that all uses within the C-G district are allowed to development on the property.
If the City Council approves the amendment to remove the requirement for detailed CUP approval,
the applicant is still responsible to follow the process for establishing the use on the property in
accord with the Chapter 2 District Regulations for the C-G district. Due to the fact that the credit
union (under construction) has a drive through and the property is within 300 feet of a residential
zoning district; any additional drive through uses on this site will require CUP approval.
Northpointe Commercial - MDA-14-005 Page 2
Based on the analysis above, staff recommends approval of the development agreement modification
with the recommended modifications in Exhibit A.2.
VIII. EXHIBITS
A. Maps/Other
1. Vicinity/Zoning Map
2. Proposed Development Agreement Modifications
Northpointe Commercial - MDA-14-005 Page 3
Exhibit A.1 -Vicinity/Zoning Map
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Northpointe Commercial - MDA-14-005 Page 4
Vicinity Map 0075 °'M;,es
Exhibit A.2 -Recommended Development Agreement Modifications
1. Omit Section 5.
2. Section 6: DA Provision #34 -The proposed office areas within the development
shall be required to apply for a detailed conditional use permit for a planned development prior to
submitting for building permits.
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