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Home My WebLink AboutResolution Subdivision No. 1 MI-04-004 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CIC 06/08/04 IN THE MATTER OF THE REQUEST FOR REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR RESOLUTION SUBDIVISION NO.1, LOCATED SOUTH OF EAST OVERLAND ROAD AT CELEBRATION AVENUE AND GALA STREET, MERIDIAN, IDAHO CASE NO. MI-04-004 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT BY: ASPEN GROVE DEVELOPMENT, LLC, APPLICANT The above entitled matter coming on regularly for public hearing before the City Council on June 8, 2004, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East Idaho, and Steve Siddoway for the Planning and Zoning Department, Jason Densmer, and Mark Guho, appeared and testified, and the City Council having received a report trom Craig Hood for the Planning and Zoning Department, and the City Council having received testimony as part of the record of this matter, and the applicant having submitted his application for a request for an amendment to recorded Development Agreement, and which application is herein received and adjudged by the City Council pursuant to Meridian City Code § 8-2-5, and being fully advised in FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR RESOLUTION SUBDIVISION NO.1 BY: ASPEN GROVE DEVELOPMENT, LLC FOR MI-04-004 PAGE 1 OF 6 the. premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows: FINDINGS OF FACT 1. The property is generally located south of East Overland Road at Celebration Avenue and Gala Street, Meridian, Idaho. 2. The applicant of the subject property is Aspen Grove Development, LLC. 3. The owner of the subject property is Aspen Grove Development, LLC, and Mark Guho who is a registered agent for Aspen Grove Development, LLC, has submitted the subject application. 4. The location of the subject property is presently located in an L-O zone. 5. The legal description of the property is on file in the City Clerk's office which is located at 33 East Idaho Street, Meridian, Idaho. 6. The applicant, Aspen Development, LLC, has requested 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 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. I). Item 4, "Uses Permitted by This Agreement" states: The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Sections 11-7-2 G FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR RESOLUTION SUBDIVISION NO. I BY: ASPEN GROVE DEVELOPMENT, LLC FOR MI-O4-004 PAGE 2 OF 6 4.1 which are herein specified as follows: (L-O) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings 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. 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. 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 I, Block I, Resolution Subdivision No.1, trom 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 ofthe 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 andlor amendment in force at the time of the proposed amendment. 7. This miscellaneous application is for an amendment to the recorded Development Agreement (Instrument No.1 0056508) for 5.2 acres. The applicant agrees to the majority of the existing terms and conditions in the recorded Development Agreement, however, the applicant FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR RESOLUTION SUBDIVISION NO.1 BY: ASPEN GROVE DEVELOPMENT, LLC FOR MI-O4-004 PAGE30F6 desires to have the recorded Development Agreement clarify the uses allowed under the City's Zoning Ordinance codified at Meridian City Code § 11-7-2 G; that the property will be governed under the conditional use process as a planned development for commercial development, and the applicant desires to remove the obligation for future uses on Lot 1, Block I, Resolution Subdivision No. I, tromobtaining Conditional Use Permit approval. 8. The subject application, is pertaining to 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- 0 zone. 9. The applicant shall be required to comply with all conditions and requirements within the original Development Agreement (dated July 18, 2000, recorded on July 20, 2000 as Instrument No.1 0056508, records of Ada County Idaho, with the exceptions of the amendments to 4.1,4.2 and 22.1, as addressed within the Amendment to Development Agreement. CONCLUSIONS OF LAW 1. Approval of this request to allow an amendment to recorded Development Agreement for 5.2 acres, is based upon the information provided by the applicant, staff comments and testimony at the public hearing on June 8, 2004, and which subject property is located south of East Overland Road at Celebration Avenue and Gala Street, Meridian, Idaho. The applicant is required to comply with the conditions as stated in Findings of Fact No.9. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR RESOLUTION SUBDIVISION NO.1 BY: ASPEN GROVE DEVELOPMENT, LLC FOR MI-O4-004 PAGE 4 OF 6 DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. That the applicant is granted approval to an amendment to recorded Development Agreement for 5.2 acres, located south of East Overland Road at Celebration A venue and Gala Street, Meridian, Idaho; and that the applicant shall be required to comply with all the above conditions and requirements of staff andlor governmental entities. .§y action of the City Council at its regular meeting held on the 2 2 "~day of c/ U/YLL , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ VOTED~ VOTED~ VOTED~ VOTED COUNCILMAN WILLIAM L.M. NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR RESOLUTION SUBDIVISION NO.1 BY: ASPEN GROVE DEVELOPMENT, LLC FOR MI-O4-004 PAGE50F6 Attest: rJJJ¡ Jd¿.- . ~ tJ::l ( 9- ~ ?'. SEAL r> ~ Wilham G. Berg, Jr., City Clerk ::. ~/- ,<f 0 ~ ~"6 -">"r 1s1, . ~ '" -.- 'f ~ ,'" Copy served upon Applicant, the Plannin~~~D~ent, Public Works Department and City Attorney. 1111111""",,\1"" BY:~\ (1 ~J\. ~Jì/U City Clerk's Office Dated: LD- .;)3- 04 Z:\WorkIM\MeridianlMeridian 15360MIReso1ution Subdivision No. 1- Aspen Cove DelpmtMI-Q4-0041F1C1s0rdMI-O4-004.doc FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR RESOLUTION SUBDIVISION NO.1 BY: ASPEN GROVE DEVELOPMENT, LLC FOR MI-O4-004 PAGE 6 OF 6