HomeMy WebLinkAboutStaff Comments
MAYOR
Tammy de Weerd
I
ctGridi!C \
IDAHO I'
CITY HALL
(208) 888-4433 - Fax 887-4813
CITY COUNCIL MEMBERS
Keith Bird
Christine Donnell
Shaun Wardle
Charles M. ROUDtree
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 - Fax 898-9551
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
MEMORANDUM:
To:
Mayor and City Council
December 29, 2004
RECEIVED
DEC 3 Ü 2004
From:
Brad Hawkins-Clark, Principal City Planner
Subject:
Sommersby Subdivision
City Of Meridian
City Clerk Office
Request for Miscellaneous Application to AmendlReplace the Existing
Development Agreement (DA) for Former Valeri Heights Subdivision, by
Confluence Management, LLC (File No. MI-O4-01 I)
Staff has reviewed the above referenced submittal and offers the following comments:
APPLICATION SUMMARY & LOCATION
The applicant, Confluence Management, LLC, has submitted a Miscellaneous Application (MI)
requesting to amend the recorded Development Agreement (Instrument #100103906) for the
property at 890 N. Ten Mile Road (formerly approved as Valeri Heights Subdivision). Parties to
the existing DA are David and Shirley Fuller, Owners, and Gold River Companies, Developer.
Due to a number of factors, the Valeri Heights project was never constructed and the former
preliminary plat expired (the CUP remains valid since it preceded the expiration clause being
added to Title 11). The property was annexed and zoned in 2000 and the DA remains an active
part of the property title.
If approved, the applicant is proposing to replace all references to the Valeri Heights project
with the Sommersby Subdivision conditions of approval. The application states that they "would
like the amendment/replacement to include new conditions of approval trom agencies given
changing conditions upon this development." No further details or specific deletions or
additions to the DA are proposed in the application.
MI-Q4-011
Page I
The.subject property is located on the northeast comer ofN. Ten Mile and W. Pine Avenue in
T.3N., R.1 W., Section 11.
Staff recommends approval of the applicant's request to amend the Development Agreement for
the subject parcel but we do not support eliminating all of the existing terms of the DA. (See
further analysis below.)
OWNER OF RECORD
The owner of record for the subject property is David and Shirley Fuller. Both persons have
submitted notarized consent for the subject application to be submitted by Confluence
Management, LLC.
STAFF ANALYSIS
Section 5 of the DA, Conditions Governing Development of Subject Property, is the primary
section affected by this application. This section incorporates the conditions of approval for the
annexation and zoning application and also references the conditions of the preliminary plat and
CUP (para. 5.10, pg. 8). Exhibit A ofthe DA is the legal descriptions for the R-15 and L-O
zones. No changes are necessary to this exhibit. Exhibit B of the DA is the Findings and
Conditions of Approval for the Annexation and Zoning of the 12.73 acres. This exhibit (and
Section 5) include several references to the Valeri Heights Subdivision, ACHD conditions of
approval, and the following condition (16.10, pg. 7):
"16.10 -- The property shall be subject to de-annexation to the previous RT zone if the
property is not developed as agreed and assured by the developer in the companion
preliminary plat and conditional use permit applications (emphasis added) for this same
property."
Both the Valeri Heights Preliminary Plat and Conditional Use Permit included a number of
conditions which the City Council felt were important to help mitigate the impacts of the Valeri
Heights project (including several off-site improvements). (See the most pertinent conditions
attached, as taken from the last 3 pages of the Findings of Fact and Conclusions of Law for File
No. PP-00-005.) While not specifically outlined in the body of the DA, paragraph 16.10 as
noted above includes the site specific conditions by reference to the accompanying files. If the
City Council replaces this paragraph with a new reference to Sommersby Subdivision
conditions, all of the conditions on the attached three pages would no longer apply or be
enforceable.
Of particular note are conditions #2.40 (install cross walks at the intersection), #2.46 (install
sidewalks on Ten Mile Road ITom Thunder Creek to the LDS church) and #2.50 (install a signal
at the intersection with a left rum lane on Ten Mile). These and all other improvements were
required to be made prior to any structural building permits issued for the site.
MI-O4-011
Page 2
Valeri Heights was approved for 136 dwelling units and 26,000 sq. ft. of office space.
Sommersby Subdivision proposes 141 dwelling units and 21,000 sq. ft. of office space. The
development impacts are expected to be very similar. The traffic volumes on both Ten Mile
Road and Pine Avenue have increased since 2000 and staff believes many of the improvements
remain justified today. A key difference between the 2000 approval and the subject application
is that ACHD now has the Ten Mile/Pine Avenue intersection improvements and Ten Mile
Road widening improvements in their Five Year Work Program (scheduled for 2007). If
approved, it is feasible that Sommersby could have units constructed by the end of 2005 - 18-20
months ahead of the ACHD improvements.
If the Council approves the subject MI application as submitted, all of the attached conditions
would be replaced with new conditions (if I understand the application correctly). The City
Council has the option of preserving all, some or none of the existing DA conditions and
replacing them with conditions that are more relevant to Sommersby and that reflect the current
ACHD construction schedule.
STAFF RECOMMENDATION
Staff recommends the City Council allow a limited number of units to be occupied prior to the
2007 ACHD construction project being completed (e.g. townhomes only or townhomes and
up to 8 multi-family units). If the applicant can secure approya1 from ACHD to expedite some
or all of the Ten Mile Road improyements, additional units could be. occupied. Other units
could potentially begin construction but not receive CO's until after the roadway project is
complete. This will allow the site improvements to begin and allow for the extension of the
two existing stub streets.
[Please note that if the Council chooses to approye this application, there would be no
conditions of approyal. It is solely a request to amend the deyelopment agreement.]
MI-O4-011
Page 3
MI-04-011
2.33 Applicant shall verify all existing utilities within the right-of-way.
Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD.
2.34 No change in ìú terms and conditions of this approval shall be valid
unless they are in writing and signed by the applicant or the applicant's
authorized representative and an authorized representative of the
ACHD. Applicant shall be responsible to obtain written confirmation
of any change from ACHD.
2.35 Any change by the applicant in the planned use of the propeny shall
require the applicant to comply with all rules, regulations, ordinances,
plms, or other regulatory and legal restrictions in force, unless a
waiveJ/variance of said requirements or other legal relief is granted.
2.36 Applicant additionally meet the requirements within the ACHI}'s letter
of August 15,2000; except to the extent modified by any findings or
order adopted by the Meridian City Council.
Adopt the RecommendAtion from the Meridian City Fire Depanment as follows:
2.37 Access to the end apartments to pull hoses will need to be improved.
Adopt the Recommendations from the Nampa & Meridian Irrigation District:
2.38 The District's Eightmile Lateral courses through the northeast comer of
the project, and therefore, the District reserves the right to deem what is
necessary as a right-of-way for operation and maintenance. Any
encroachments shall be approved through a signed license agreement.
Adopt the RecommendAtions from the Commurùty Planrúng Association of
Southwest Idaho (COMPASS) as follows:
2.39 Develop a transportation management plan in coordination with ACHD
Commuteride Program. The transportation management plan shall be
submitted to the Highway District for review and approval. Identify
how the development shall meet a 10% trip reduction goaJ during peak
hour traffic, and also provide short and long term scenarios for trip
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
Al'PROVAL OF PRELlMlNAllYPLAT fOR DAVID AND SHIRLEY FULLER AND GOLD
RIVER COMPANŒS, INC../ YALERt HEIGHTS SUB. (PP-OO-OOS)
-10
Page 4
MI-04-011
reduction goals.
2.40 In addition to the ACHD requirements, cross walks shall be piJIced at
both Ten Mil~ Road and Pine Street for pedestrian comfort and safety,
especially the children walking to and from school (across Pine Street).
Additionally, adopt the Commitments from Susan Wildwood's letter dated
September 13, 2000, and the Applicant's testimony, and the Applicant shall so
comply as follows:
2.41 Install a traffic signal at Ten Mile Road and Pine Street.
2.42 Redesign the office building to make the exterior more attractive by c
using decorative window and door styles on all sides of the building;
provide a weather access and a "cut-through" through the building from
the parking lot to the traffic signal.
2.43 Restrictions on the type of businesses (no bars or taverns), and hours of
operation for the office building, specifically 0800 to 1800.
2.44 Increase setbacks for garage buildings to 15 feet.
2.45 Reduce the number of garage UIÚts by at least two, down from 161 to
159, to increase open space and landscaping.
2.46 Install sidewalks on the east side of Ten Mile Road between Thunder
Creek and the LOS OlUIch.
2.47 Restrict the right to m.tke application for any additional increase in the
allowed R.15 density or change of use, except as to what is allowed in
the LO designation under the conditional use for the office building.
2.48 Make 20 farrúly memberships available, on a paid basis, to the
neighbors of the Thunder Creek Subdivision in the Valeri Heights
Homeowners' Association.
2.49 Continue to work with neighbors regarding minor issues, such as
fencing, parties and other on-going activities in the project.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROYAL OF PRELIMINARY PLAT FOR DAVID AND SHIRLEY FUWR AND GOLD
RIVER COMPANIES. INc..! VALElU HEIGHTS SUB. (PP-Oa-OOS)
-II
Page 5
MI-04-011
Adopt the further requirements of the City CoWlcil from their. September I 9,
2000 meeting as follows:
2.50 Applicant to Î{1St¡ill a stoplight at the intersection of Pine Street and Ten
Mile Road with a left turn lane and sidewalks on Ten Mile.
2.51 Gray Ooud Way shall be gated with a security gate which wouJd allow
access olÙY to pedestrians. bicycles and emergency verucles.
No structu:raI building pennits may be issued until all of the
improvements required by the City in this decision are built and all other
conditions are met.
h( --
d. y action of the City Counctl at its reguJar meeting held on the ð - day of
'(J¡re;..-iJe...... ,2000.
FINDINGS OF FAcr AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL
APPROY AL OP PRELIMINARY PLAT POR DAVID <t-ND SHIRLEY FUlLER AND GOLD
RIVER COMPANIES, INC. / VALERI HEIGHTS SUB. (1'1'.00.005)
..[2
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