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HomeMy WebLinkAboutStaff Comments MAYOR Tammy de Weerd J, olferi di!C ~ IDAHO CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUlWING DEPARTMENT (208) 887-2211 - Fax 898-9551 CITY COUNCIL MEMBERS Keith Bird Christine Donnen ShaDD Wardle Charles M. Rountree LEGAL DEPARTMENT (208)466-9272 - FAX 466-4405 MEMORANDUM: November 9, 2004 To: Mayor and City Council Sonya Allen, Assistant City Planner JIl RECEIVED NOV 05 2004 From: Subject: Resolution Subdivision No.1 City Of Meridian City Clerk Office Request for Miscellaneous Application to Amend the Previously Approved Development Agreement for Lot I, Block 3, Parcel B, of Resolution Subdivision No. I, by Lombard-Conrad Architects (File No. MI-O4-014) Staff has reviewed the above referenced submittal and offers the following comments. APPLICATION SUMMARY & LOCATION The applicant, Lombard-Conrad Architects, has submitted a Miscellaneous Application (MI) requesting to amend the approved Development Agreement (Instrument #100056508) for Lot I, Block 3, Parcel B, of Resolution Subdivision No. 1. The applicant is proposing to eliminate the requirement that a Conditional Use Permit (CUP) be obtained for all uses and development of the property and only require a CUP for those uses which are listed as conditionally allowed by the schedule of use control (MCC 11-8-1). While the application references a "Parcel B," staff has no record that a division ofthe property has been approved by the City Engineer or recorded. Therefore, at this time, no new structure besides the existing Idaho Central Credit Union may be constructed on this lot. In June, 2000, a Conditional Use Permit (CUP-00-017) was approved for this subdivision which required all future phases of the project to submit separate CUPs for each phase that substantially comply with the final approved concept plan approved for this development. MI-O4-014 Page 1 The subject property is located on the southeast comer ofS. Millenium Way and E. Overland Road in T.3N., R.1 E., Section 20. Staff recommends denial of the applicant's request to amend the Development Agreement for the subject parcel with the comments stated in this report. OWNER OF RECORD The owner of record for the subject property is Idaho Central Credit Union. Chris Hyer, an authorized representative for the Credit Union, has submitted notarized consent for the subject application. STAFF ANALYSIS In addition to being subject to the Development Agreement for RZ-00-O03, this property was part of the conceptual Conditional Use Permit (CUP) for a Planned Development (PD) proposal in 2000 (CUP-OO-O17). 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-OO-O17). 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). Because the approval of CUP-OO-O17 was conceptual in nature, the City required, through a Development Agreement tied to the rezone (RZ-OO-O03), 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. The reason staff does not support this amendment request is that this lot is located on a principle arterial and at the entrance to the subdivision. The property should go through a detailed Conditional Use Permit to allow the City to review building elevations, design, construction materials, and other compatibility issues with existing development within Resolution Subdivision. A Miscellaneous application was previously approved for Valencia Subdivision to the south of this lot that granted removal of the CUP requirement; however, this lot was internal to the subdivision and has less direct visibility from E. Overland Road. If the Council approves the proposed Development Agreement amendment, any new building on the subject property will still be required to submit a Resubdivision application to divide the MI-O4-014 Page 2 lot and a Certificate of Zoning Compliance (CZC) application prior to construction of any building. STAFF RECOMMENDATION Staff recommends denial of this application based on the reasons stated above. Please note that if the Council chooses to approve this application, there would be no conditions of approval. It is solely a request to remove a condition from the development agreement. MI-O4-014 Page 3