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Home My WebLink AboutStaff Comments APR 0 8 2004 City Of Meridian City Clerk Office - MAYOR Tammyde Wend CIT Y O F - / CITY COUNCIL MEMBERS I ~ ~ Keith Bird ` /~ J / ~ - ` V ~F VL ~~~ Wiltiam L.M. Nary IDAHO Slwm Wardle ~ Charles M. RouMee ~a. cTTr HA7.i. (208) 888-0433 -Fax 887-0813 PUBLIC WORKS BUILDING DEPARTMENT' (208) 887-2211- Fax 898-9331 LEGAL DEPARTMENC (208) 466A272 _ FAX 466-4403 MEMORANDUM: April 13, 2004 To: Mayor and City Council From: Craig Hood, Associate City Planner ~H Subject: Miscellaneous Application to Modify a Development Agreement for AZ-00. 024 (Sparrowhawk Subdivision) • Request to Modify a Recorded Development Agreement for AZ-00-024 (Sparrowhawk Subdivision), by David Waldron. (Fide No. MI-04-003) Staff has reviewed the above referenced submittal and offer the following comments. Staff is recommending approval of the subject application. APPLICATION SUMMARY The applicant, David Waldron, has submitted a Miscellaneous Application (N1I) requesting modification to a development agreement for approximately 20.20 acres located on the northeast corner of Franklin Road and Nola Road. The applicant is proposing to amend Item 15 on Page 10 of the recorded development agreement for AZ-00-024 (Sparrowhawk Subdivision). Item 15 on Page 10 states: "CERTIFICATE OF OCCUPANCY: The "Owner" /"Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owne>"P'Developel" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City." An addendum to the original developmern agreement is requested that will allow Certificate of Occupancy permits to be obtained for the buildings within Sparcowhawk Subdivision, prior to the installation of the perimeter fencing and landscaping adjacent to Franklin Road and Nola Road, as required with CUP-02-001, PP-00-026, and FP-O1-023. Item 22.1 on Page 12 of the recorded developmem agreement for this property states: "No condition governing the uses and/or conditions governing development of the subject "Property" herein provided fnr can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a inning designation and/or amendment in force at the time of the proposed amendment." The City has sent out notices of the subject request in accordance with the current standards for public hearings. There are no required findings for a miscellaneous application/development agreement modification. Provided in this report, are what staff believes are the most pertinent facts and analysis of the proposed development agreement modification. LOCATION The subject site is located on the northeast comer of Franklin Road and Nola Road, within Section 8, Township 3 North, Range 1 East. SURROUNDING PROPERTIES North - Locust Grove Industrial Pazk, zoned I-L. Some of the existing businesses include Tyco, NW Machine & Manufacturing, ABCO and the MSD Central Receiving Building. These lots are currently sepazated from the subject parcel by a combination of bazb wire and chain link fences. South - Greenhill Estates Subdivision, zoned Rl (Ada County) /Self storage units, zoned C-G /Single-family residence, zoned RUT (Ada County). East - Meridian Academy School, zoned I-L /Wooden Nickel Saloon, zoned C-2 (Ada County) West - Single-family residence, zoned RUT (Ada County)(northwest comer of the site) / Vacant, zoned C-G (across Nola Road) The property owner of record is Dee R. Lynn, who has provided notarized consent for David Waldron, to submit the subject application. STAFF ANALYSIS AND RECOMMENDATION Landscaoine: Condition 2.10 on Page 6 of the approved Findings of Fact and Conclusions of Law and Order for PP-00-026 requires 1) a minimum 35-foot wide landscape buffer to be constructed adjacent to Franklin Road, and 2} a minimum 10-foot wide landscape buffer to be constructed adjacent to Nola Road. Condition 3 on Page 5 of the approved Findings of Fact and Conclusions of Law and Decision and Order for CUP-02-011 requires perimeter landscaping for the entire subdivision to be installed prior to occupancy of any building within the subdivision, as well as all perimeter landscaping associated with the Conditional Use Permit. The current phase of the ACRD led Franklin Road widening project includes modifications to the intersection of Nola Road and Franklin Road adjacent to this site. On Apri16, 2004, the City Council approved CUP-03-066, a request to modify the previously approved Conditional Use Permit (CUP-02-001) on this site. The City allowed deferral of the construction of the landscape 2 buffer on Franklin Road for a maximum of 18 months (from the date the City Engineer signs the final plat). The applicant is/was requesting deferral of the landscape requirement adjacent to Franklin Road because the road is currently being widened abutting the site, and because the applicant would like to do site excavation that could damage landscaping if it is installed prior to completion. Another reason that the applicant would like to defer the construction of the landscape improvements is that the apartment buildings on Lot 1, Block 1, Sparrowhawk Subdivision, are currently under construction. It is anticipated that the construction of the apartment units will be complete prior to the completion of the Franklin Road project abutting this site. Therefore, the developer of those units would like to obtain Certificates of Occupancy prior to the completion of all the landscape requirements. NOTE: The City is currently holding a $79,721.40 surety for the required landscaping on Franklin Road and Nola Road. Fencine: Condition 2.8 on Pages 5 and 6 of the approved Findings of Fact and Conclusions of Law and Order for Sparrowhawk Subdivision (PP-00-026) and Condition 5 on Page 5 of the Findings of Fact and Conclusions of Law and Decision for CUP-02-001, require all perimeter fencing to be installed prior to applying for building permits. Further, Condition 3 on Page 5 of the approved Findings of Fact and Conclusions of Law and Decision for CUP-02-001 require perimeter fencing along the north and east property lines to be completed prior to occupancy. The City does typically require perimeter fencing around projects prior to issuance of building permits (exclusive of fencing adjacent to roadways). However, if developments are phased, normally the perimeter of the current phase must be fenced, not necessarily permanent fencing along the perimeter of the ernire site. Therefore, as long as the required fencing is installed with each phase of the development, staff believes that the condition is met. NOTE: The City is currently holding a surety for $29,766.00 for cedaz fencing along the north and east boundary of the entire Spazrowhawk project. Staff Recommendation: Staff recommends that the recorded development agreement for this site (AZ-00-024) be amended to allow the applicant to obtain occupancy permits prior to installation of the perimeter fencing and installation of the landscaping along Franklin Road and Nola Road. Staff recommends that Item 15 on Page 10 of the recorded development agreement (instrument #101135901) for this site (AZ-00-024) be amended to read: "CERIFTCATE OF OCCUPANCY: Excekt for perimeter fencing along the north proneriy line and landscapine adiacent to Franklin Road and Nola Road, the "Owner"P'Developer" agrees that no Certificates of Occupancy will be issued until all improvements aze completed, unless the "City" and "Ownei"P'Developer" have entered into an addendum agreement stating when the improvements will be completed ~ , on the "Property". after 1 S months the landscape improvements have not been constructed, the "Citd' shall not issue any building~ermits or issue Certificates of OccuDanCy for any structure on the "Property" until the required improvements have been installed, completed. and acce teed by the "City " NOTE: The proposed development agreement modification, and the recently approved (4-6-04) applications on this site (CUP-03-066 and PP-03-043) also modify Condition 2.8 on Pages 5 and 6 of the approved Findings of Fact and Conclusions of Law and Order for Sparrowhawk Subdivision (PP-00-026); Condition 1 on Page 5 of the Findings of Fact and Conclusions of Law and Decision for CUP-02-001; Condition 5 on Page 5 of the Findings of Fact and Conclusions of Law and Decision for CUP-02-001; Condition 3 on Page 5 of the approved Findings of Fact and Conclusions of Law and Decision and Order for CUP-02-011; and Condition 2.10 on Page 6 of the approved Findings of Fact and Conclusions of Law and Order for PP-00-026. 4