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Home My WebLink AboutStaff CommentsI~ECEIVEI.~ MAYOR Tammy de Weerd CITY OR JUN 0 3 2004 Ciiy Of IVleridian City Clerk Office CITY HALL (208) 888-4433 - Faz 887-0813 CITY COUNCIL MEMBERS Keith Bird William L.M. Nary Shaun Wardle Charles M. Rountree eri~i~-n IL).0.H0 PUBLIC WORKS BOILDING DEPARTMENT (208)887-2211 -Fax 898-955] LEGAL DEPARTMENT (208) 466-9272 -FAX 466-4405 MEMORANDUM: June 8, 2004 To: Mayor and City Council From: Craig Hood, Associate City Planner ~y Subject: Miscellaneous Application to Modify a Development Agreement for RZ-00- 003 (Resolution Subdivision No. 1) Request to Modify a Recorded Development Agreement for RZ-00-003 (Resolution Subdivision No. 1), by Aspen Grove Development, LLC. (File No. MI-04-004) Staff has reviewed the above referenced submittal and offers the following comments. Staff is recommending approval of the subject application. APPLICATION SUMMARY The applicant, Aspen Grove Development, LLC., has submitted a Miscellaneous Application (MI) requesting modification to a Development Agreement for approximately 5.2 acres located on the south side of Gala Street, just south of Overland Road, and just east of Millennium Way, in an L-O (Limited Office) zone. The subject Development Agreement, dated July 18, 2000, recorded on July 20, 2000 as Instrument No. 10056508, records of Ada County Idaho. The applicant is proposing to amend Item 4 on Page 4 of the recorded Development Agreement for RZ-00-003 (Resolution Subdivision No. 1). Item 4, "Uses Permitted by This Ageement" states: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified atMeridian City Code Sections 11-7-2 G which are herein specified as follows: (L-Ol Limited OrOrce District: The purpose of the L-O District is to permit the establishment ofgroupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. Wlth the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a planned development. For the construction and development of a planned commercial development 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. The applicant is proposing to amend the Development Agreement to remove the obligation for future uses on Lot 1, Block 1, Resolution Subdivision No. 1, from obtaining Conditional Use Permit approval (see Applicant's Submittal Letter, dated May 14, 2004). Item 22.1 on Page 11 of the recorded Development Agreement for this property states: 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for 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 zoning 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. Staff has provided the most pertinent facts and analysis of the proposed development agreement modification. LOCATION & SURROUNDING USES The subject property is located on the south side of Gala Street, approximately 300 feet east of Millennium Way, in Section 20, Township 3 North, Range 1 East. The following uses surround the subject property: North -Pediatrics office/Vacant (approved Riverbirch Courtyard Condominiums), zoned L-O South -Mountain View High School, zoned R-4 East - Vacant, zoned RUT (Ada County) 2 West -Medical/Dental offices, zoned L-O OWNER OF RECORD The property owner of record is Aspen Grove Development, LLC, and Mark Guho who is a registered agent for Aspen Grove Development, LLC, has submitted the subject application. STAFF ANALYSIS In addition to being subject to the Development Agreement for RZ-00-003, this property was part of the conceptual Conditional Use Permit (CUP) for a Planned Development (PD) proposal in 2000 (CUP-00-017). In 2000, G.L Voigt applied to rezone 37.6 acres from R-4 to L-O (RZ-00-003). Concurrent with the rezone application was a preliminary plat application (PP-00-006) and a conceptual CUP application for a planned development (CUP-00-017). CUP-00-017 included multiple parcels, with a wide range of uses including office, retail, multi-family residential, a day care, a seminary and an ice arena. Also submitted with the above-listed applications was a CUP application for 200 multi-family units (CUP-00-015), and a CUP application for an 86,160 square-foot ice arena (CUP-00-016). (The ice arena was proposed on the subject property). Because the approval of CUP-00-017 was conceptual in nature, the City required, through a Development Agreement tied to the rezone (RZ-00-003), detailed CUP approval for all uses in the development. The condition to obtain detailed CUP approval when conceptual approval has been granted is a standard requirement of the City. This requirement allows the City to evaluate each phase to ensure that developers comply with the approved uses of the conceptual CUP as well as design standards. Prior to submitting the subject MI application, the applicant/developer submitted application materials to re-subdivide the subject property into six (6) office lots. This subdivision, called Valencia Plaza, is intended for commercial/professional/medical office uses, similar to the existing Treasure Valley Pediatrics and the Riverbirch Courtyard office buildings to the north (also within the boundaries of Resolution Subdivision No. 1). Staff has analyzed the proposed Valencia Plaza Subdivision and incorporated conditions of approval for the Preliminary Plat (PP-04-010). Consistent with the Development Agreement, one of the conditions (Site Specific #2) of approval for the Preliminary Plat required all future buildings within the development to obtain CUP approval. In addition, the conditions for PP-04-010 ensure that the development complies with the City's established design standards. Further, the applicant has provided a copy of the building elevations for the Idaho Gastroenterology Office Building, the first of six buildings to be constructed on the subject site. The building is a single-story stucco building with brick veneer and wood beams near the entrance. Staff believes that this building is architecturally consistent with the other office buildings that have been approved in Resolution Subdivision No. 1. NOTE: The public hearing for Valencia Plaza Subdivision (PP- 04-010) is currently on the City Council agenda for June 15, 2004. 3 If the Council approves the proposed Development Agreement amendment, each building on the subject property will still be required to submit a Certificate of Zoning Compliance (CZC) application prior to construction of any building. Staff believes that the proposed Development Agreement amendment will still allow the City (through staff) to control site design and use issues required by ordinance, while allowing the proposed office uses to bypass the public hearing process. This makes the process of pulling building permits more efficient for the developer and the City. RECOMMENDATION: Staff recommends that an amendment to the recorded Development Agreement for this site (RZ-00.003) be approved, which removes the requirement for Lot 1, Block 1, Resolution Subdivision No. 1, from submitting CUP applications for buildings/uses that would not otherwise be required to obtain CUP approval, as determined by the City's Zoning and Development Ordinance. Staff recommends that Item 4.1 of the Development Agreement (Instrument No. 10056508), insofar as it affects the subject property only, be amended by deleting the sentence reading: "With the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a planned development." Lot 1, Block 1 of Resolution Subdivision No. 1 shall be exempt from the above-stated requirement. Staff further recommends that the Mayor and Clerk sign the 4-page Amendment, submitted by the applicant with the MI submittal (see Attachment). 4