HomeMy WebLinkAboutMemo from Brad Hawkins ClarkMemo
To: Mayor and City Council /~,~~p
From: Brad Hawkins-Clark, Principal Planner """~"`
CC: Will Berg, Bill Nichols
Date: July 23, 2004
Re: LaMont KoubalRobnett Construction Development,ygreement
RECD ~I~TFT)
JUL 2 3 2004
City OY Meridian
City Clerk Office
Background
The subject item is on the July 27, 2004 City Council regular agenda for approval.
Normally, Development Agreements (DA) are approved via the Consent Agenda.
The reason a public hearing was noticed for this item is that staff is recommending
(and Applicant has agreed) that Exhibit B of the DA (Annexation Findings of Fact
and Conclusions of Law) should be amended to remove the requirement that all
buildings on this parcel be approved only through the CUP process. To remove this
condition from the 1996 annexation findings, the City Attorney advised a public
hearing be held. A public hearing was also recommended since the DA was a
condition of the annexation and zoning in 1996 but is only now being executed.
Given this long time lag and the fact that Comprehensive Plan and Zoning
Ordinance amendments have been adopted since the land was annexed, a public
hearing was deemed appropriate.
Executing the DA required of the original annexation prior to the issuance of any
Certificate of Zoning Compliance on the property was a condition of the Initial Point
Preliminary Plat (PP-04012), approved by City Council on July 6, 2004. (Note: The
same condition was placed on Bobby's Transmission CUP in 2002 -which never
materialized.) Robnett Construction, represented by Mike Robnett, has worked
closely with the P&Z Department, City Attorney's Office and UltraTouch Carwash
over the past few months to draft the attached DA for City Council approval.
When this parcel was annexed in August 1996 by Mr. Lamont Kouba, a condition of
annexation was that the owner enter into a written agreement with the City.
However, according to the City Clerk records, the DA was never completed or
signed. The property was, however, annexed under Ordinance No.736 to the
current C-G zone. The site was originally part of the same parcel on which Ultra
Touch Carwash is now located. The Meridian City Council approved the one-time
split of this parcel in 1997 as a part of Ultra Touch Carwash's CUP approval.
Site Specific Requirement #2 on page 3 of the attached DA is a unique condition
which requires the owner of the Initial Point Subdivision parcel to provide eleven
parking spaces to UltraTouch Carwash. This ties back to UltraTouch's CUP
approval in 1997 and the fact that required parking for the carwash was shown on
the southern two acre parcel before the split was approved. The DA does not
commit the City of Meridian to enforce any kind of maintenance or financial
transactions between the two property owners, but it does require the eleven spaces
be designated for UltraTouch's use. An easement for ingress/egress and parking
has been recorded with Ada County (Instrument No. 104086424), allowing
UltraTouch to enter upon the Initial Point property and utilize the parking stalls.
Requested City Council Action
There are two requested actions associated with this item:
1. Approve an amendment to Exhibit B of the subject DA (Findings of Fact
and Conclusions of Law, Item 19-14, page 9) to remove the requirement
that all uses on this parcel require approval through the CUP process.
Also strike paragraph 11 on page 18 which refers to a 1996 CUP
application for automobile uses which did not materialize:
2. Authorize Mayor de Weerd to sign and the City Clerk to attest to the
approval of the Development Agreement with Mr. Kouba and Robnett
Construction, Inc.
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