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Home My WebLink AboutStaff Comments _RECEIVED tAN 0 7 2005 MAYOR Tammy de Weer<! olferldi~ , IDAHO City Of Meridian City Clerk Office CITY HALL (208) 888-4433 - Fax 887-4813 CITY COUNCIL MEMBERS Keith Bird William LM. Nary Shaun Wardle Charles M. Rountree PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 - - - MEMORANDUM: Transmittal Date: January 6,2005 City Council Hearing Date: January II, 2005 To: Mayor and City Council From: Craig Hood, Associate City Planner (IN Subject: Request to Amend Development Agreement - Waltman Court Subdivision . Miscellaneous Application to Amend the Recorded Development Agreement for Goade Property (a.k.a. - Waltman Court Subdivision) to Remove Language Requiring All Uses to be Developed Under the Conditional Use Permit Process, by Buffalo Hump, LLC. (File No. MI-O4-016) Staff has reviewed the above referenced submittal and offers the following comments. Staff is recommending approval of the subject application. APPLICATION SUMMARY The applicant, Buffalo Hump, LLC, has submitted a Miscellaneous Application (MI) requesting modification to the recorded Development Agreement (DA) between the City and John Goade. Since the approval of the DA in 1999, ACHD has developed a storm drainage facility on approximately 1.4 acres of the original 8.51 acres that is subject to the DA. The ACHD storm drainage facility is located directly south of Franklin Square Subdivision and the L-G zoned lots in Troutner Business Park. The remaining 7.1 acres is part of the recently approved Waltman Court Subdivision (PP-04-036). These parcels are located on the north side of Waltman Lane, at the southern terminus of SW 5th A venue, approximately \4 of a mile west of Meridian Road. All of the property is currently zoned CoG (Community Business District). The DA that is the subject of this application is dated April 19, 1999, was recorded on April 22, 1999 as Instrument No. 99039306, records of Ada County, Idaho. In late 2004, preliminary plat approval of Waltman Court Subdivision was granted on the property that is subject to compliance with the recorded DA. Buffalo Hump, LLC, is proposing to amend Section 4.1.9 MI-O4-016 Page 1 (Conditions Governing Development of Subject Property) on Page 6 of the DA which states: "As no plat or development plans are being proposed at this time. drafting a development agreement will be difficult. For this reason, all uses within the proposed annexation shall be developed under the conditional use permit process. " The applicant believes that because a preliminary plat has been recently approved by both the Planning & Zoning Commission and the City Council, and because that plat complies with the current City Code, there is no longer a need for requiring Conditional Use Permits (CUP) for all uses (see Applicant's submittal letter). Further, Section 20.1 on Page 10 of the recorded Development Agreement for this property states: "No condition herein provided can be modified or amended in connection other than as provided for herein and after public hearing by the City Council, in accordance with the notice provisions provided for zoning designation or amendment under enforcement at the time. " The City has sent out notices of the subject request in accordance with the current standards for a public hearing. There are no required fmdings for a miscellaneous application/development agreement modification. Staff has provided the most pertinent facts and analysis of the proposed development agreement modification below. LOCATION & SURROUNDING USES The subject property is located on the north side of Waltman Lane, at the southern terminus of SW Sth Avenue, approximately \4 of a mile west of Meridian Road in Section 13, Township 3 North, Range 1 West. The following uses surround the subject property: North: Office/Commercial, Troutner Park Subdivision, zoned L-O and CoG. South: Single-family homes, zoned Rl (Ada County) and RUT (Ada County). East: Indoor/Outdoor storage, zoned CoG; Vacant, zoned CoG. West: ACHD storm drain lot, zoned CoG; Single-family homes, zoned RI (Ada County) and RUT (Ada County). Since 1999, several office buildings in Troutner Business Park have been constructed, an R.V. Park has been approved for development just to the northeast of the subject site, and Pennwood Street has been extended to Meridian Road from SW Sth Avenue. OWNER OF RECORD The property owners of record are John and Sandra Goade, who have provided notarized consent for Buffalo Hump, LLC (Shane Mace), to submit the subject application. STAFF ANALYSIS In 2004, prior to the applicant submitting the subject MI application, the applicant/developer submitted application materials to subdivide the subject property into five (S) commercial lots. This subdivision, called Waltman Court Subdivision, is expected to contain commercial/office uses similar to the existing businesses within Troutner Business Park to the north. Concurrent MI-O4-016 Page 2 with the Waltman Court Subdivision application (PP-04-036), the applicant submitted CUP- 04-044, an application for a storage yard, shop and office on one of the proposed five lots. The City Council, Planning & Zoning Commission and City staff have analyzed the proposed Waltman Court Subdivision and CUP application for the storage yard, shop and office and incorporated conditions of approval. The conditions for PP-04-036 ensure that the development of the lots within Waltman Court Subdivision comply with the City's established design standards. 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 commercial uses to bypass the public hearing process. This makes the process of pulling building permits more efficient for the developer and the City. Because the 1999 Goade annexation application (File# AZ-98-1O4) did not include a development plan, the City required, through a Development Agreement tied to the annexation, CUP approval for all uses on the property. Although this is a fairly common condition for annexation only applications, staff believes that this condition no longer is necessary for the property. Because the major impetus for including Section 4.1.9 in the DA (no development plan) has now been substantially complied with through the submittal, review and City approval of a preliminary plat (PP-04-036), staff recommends that Section 4.1.9 of the recorded DA be removed. RECOMMENDATION: Staff recommends that the requested amendment to the recorded Development Agreement for this site be approved, removing the requirement for all uses on this site to submit 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 further recommends that Section 4.1.9 on Page 6 of the Development Agreement (Instrument No. 99039306) be amended by deleting the sentences reading: "As no plat or development plans are being proposed at this time, drafting a development agreement will be difficult. For this reason, all uses within the proposed annexation shall be developed under the conditional use permit process. " NOTE: Per MCC 11-8-1 (Zoning Schedule of Use Control), any future use(s) proposed on this property that are conditionally allowed in the CoG zone will still be required to obtain CUP approval prior to operation. MI-O4-016 Page 3