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Home My WebLink AboutStaff Comments -------- " From: Craig Hood, Associate City Planner (IN - -- ""--i¡'- "\ ¡'1ie I'. "-;:---:C; -('" , , ';.1 .'" "'ì" _RE(.-)Ý'~j.~. ~ .t.!I. OCT ê,¡ 2005 'i'iT (If-'\'Yel-;dia-=--'-¡~. :=:ii/,~ Ö(;yî~ Óf~~I!j', e; "', ~ -J~; ."it clfe;;dl:n~--~;\ IDAHO .1 .A jl ~, þ Q. _F 1v-J--"1t --, ';'1) -~ " S'~CE . . 1903 MEMORANDUM: City Council Hearing Date: October 25, 2005 Transmittal Date: October 21, 2005 To: Mayor and City Council Subject: Miscellaneous Application - Request to Remove Development Agreement for Playground Subdivision Request for Miscellaneous Application Approval to Remove Approximately 13- acres From the Recorded Development Agreement for The Playground Subdivision, by Ronald W. Van Auker. (File No. MI-O5-011) APPLICATION SUMMARY. LOCATION & mSTORY The applicant, Ronald W. Van Auker, has submitted a Miscellaneous Application (MI) to remove approximately 13 acres from being subject to the recorded Development Agreement (DA) for the Playground Subdivision development (Instrument #96011028). The properties subject to the recorded development agreement are located on the north side of Overland Road, east of Locust Grove Road. In 1994, The Playground, LLC, entered into a DA with the City for approximately 18 acres of land located northeast of the Locust Grove Road/Overland Road intersection. The DA for Playground included approval of the submitted improvement plans for utilities, fire hydrants, sewer, water, pressure iITigation, and other standard requirements for properties requesting annexation and development. The DA also included more detailed improvement requirements and specific use restrictions for the property. The specific uses stated in Exhibit B are for recreational and entertainment (R.V. Park, campground, golf and driving range, miniature golf, sports park facilities, batting cages, arcade area, etc.) (see attached Exhibit "B" for a complete list). Subsequent to the DA being recorded, an Rv. Park was constructed on the northeast comer of Locust Grove Road and Overland Road. In 1996, The Playground, LLC, recorded Playground Subdivision, a 3 lot commercial subdivision. Lot 3 (SA acres) is cllITently improved with the R.V. Park and campground. Lot 2 (204 acres) is cuITentIy vacant, while Lot 1 (lOA acres) cuITentIy contains the Cesco (John Deere) business. The Playground, LLC, is no longer the property owner of Lots 1 and 2, and the applicant, Mr. Ron Van Auker, would like to amend the DA to allow other uses than what were originally included within the recorded document on Lots 1 and 2, Block 1, Playground Subdivision. MI-O5-011 ",-, NOTE: The appHcant, Ronald Van Auker was the property owner of Lot 2, Block 1, Playground Subdivision when the application was submitted to the City (September 13,2005). Recently, Graybum Properties, LLC has purchased Lot 2 fi-om the appHcant (Van Auker) and now owns both Lot 1 and Lot 2 of Playground Subdivision. With the submittal of the subject application, staff did not receive consent fi-om the property owner of Lot 3, Block 1, Playground Subdivision (clUTently owned by The Playground, Inc.), for the proposed DA modification. Staff does have a letter from Graybum Properties, LLC requesting that Lots 1 and 2 (approximately 13 of the 18 total acres) not be subject to the recorded DA for the Playground development. The applicant claims that the tenns and conditions of the recorded DA fi-om 1994 primarily address the construction of the required street and utility improvements and that those improvements have been completed. As noted above, there are also some uses that are specificall y included for this property that the applicant would like to remove so that different commercial type uses, not entertaimnent uses, may be operated on this property. Due to change of use, change of ownership, and the completion of the road and utility improvements, the applicant believes that Lots 1 and 2 (but not 3) should not be subject to the DA any longer (see Applicant's submittal letter). OWNER OF RECORD As of September 16, 2005, the owner of record for the subject property is Grayburn Properties, LLC. STAFF ANALYSIS AND RECOMMENDATION As noted above, the applicant states several reasons why the DA should be revoked. Staff agrees with the applicant in that most, ifnot all, of the requirements and improvements included within the original DA have been satisfied. Except for the uses allowed by the DA for the Playground development, staffbelieves that most of the provisions and agreements made between The Playground, Inc. and the City of Meridian for this property have been satisfied. The Meridian Public Works Department staff has con finned that the infi-astructure requirements in the DA, including those contained in Exhibit B, have been completed. The Public Works Department is in concurrence with amending the recorded DA as proposed by Planning Staff below. Staff believes that any improvements to this property required by City Code will be included as conditions of approval for a Conditional Use Pennit (CUP) and/or Certificate of Zoning Compliance (CZC) pel111it. Staff also realizes that the CUITent property owner of Lots 1 and 2 is not the property owner that entered into the agreement with the City in 1994 (Lot 3 is still owned by The Playground, Inc., the original property owner). Staff further realizes that Cesco has constructed a business on the property that is subject to the recorded DA, and that the approval and construction of Cesco appears to be in direct violation of the uses originally approved within Playground Subdivision and included within Exhibit B ofthe recorded DA. The City made certain findings in 1994 when it decided to annex and zone this property for commercial uses. Development Agreements are the standard mechanism that the City uses to ensure that projects are in the best interest of the City. However, the City allowed Cesco to construct and operate a retail tractor sales business on the property that was to be developed with recreational facilities and entertaimnent uses. Further, the City allowed Boondocks and Roaring Springs to be constructed approximately 1 mile west of the subject property. Therefore, MI-O5-011 2 staff believes that requiring the subject property to construct another arcade, miniature golf, batting cage, and other similar recreational facilities required with the subject DA is not realistic for this property any longer. Therefore, staff recommends that the original DA be amended to expand the uses that may be allowed on Lots 1 and 2. Because the City does not have consent from The Playground, Inc. to amend the recorded DA for Lot 3, staff recommends that an addendum to the original DA be recorded that excludes Lots 1 and 2, Block 1, Playground Subdivision from being subject to the recorded agreement. Staff recommends that the City Council direct City Legal DeDartment staffto preDaTe an amendment to the DeveloDment Agreement (DA) for Plavground Subdivision. recorded in 1994 with Instrument # 96011028. so that the requirements and restrictions included in said DA no longer aDDly to Lots 1 and 2. Block 1. Playground Subdivision. ATTACHMENTS . Exhibit "B" (from The Playground, Inc., Recorded Development Agreement) MI-O5-01 1 3 1~7:JUUÙS.1,O èXrU II IT--7 1"0 TIte DBVBLOPMENT AGREEMENT BY AND BEtWEEN I!i£.Q.I.Y OP MEIUDlAN IDAHO AND IH.Ii.P.Lð.YG-ROU"1~ Tllis dlh'elopnlclIl ¡ndudos Ihe (ollowing: Devclupcr shall: MI-O5-011 L A recreation;>! Yehicle: park, campground, and I';I(:iliIY for Icnts aud lravel vcllide,s CUIU/lin;lIg not more IIIan one hund~ twenty (120) spaces for parkillg Oflnl\.'cl trailers, motor homes, (:¡tIuPCrs. and sinlil;tr !mvel vehicles- 2. A golf and driving IlUI,gC and flll:ililics rQl" golf, Including pulling greens, s<1nd aœ.u, facilities (or ¡'JOlt and intcmlC!diatc "'uge golf Pl1lcticc. m¡nialu~ golf, and Olher similar golf facilities. J. 01 her similar spons park filcililicsor spurts IlõIining facililies sutl, as batting areas. /lnd prucriœ play arent for lennis, soccer arid Other OUldoor or ncld 5p.JrtS. 4, A playgroUnd. a 51111d: Wlr, nn arcade. a gll.CI1c roonl, !\lid a small convCflÎcnl."C store prinlarily serving CUstOmers of Ihe rœrl!illionlll V\:hiclc park or rœreationpl fllcÎlirics localed on tile: land. 5. Ally related necessary or ancHIai)' litcimic-~ for allY of flu: above U!~s. inclllding cquipmcIII stol1l8c sheds, olher support or I1laintenance buildings, and odm( buildings necessary fol" opcnllin,g fo'lCiit¡as 10 be constructed Orl IIIe land. I. Tile tho Hunler Lateral priOl" 10 receiving a Ccnincalc of Occupancy for PhR$C n of tho dovclopmczlt. or March 1995. whichever occurs firsl. 2. Extend and Conslftlct waler and relyer /ille e);Ic~I\Sions to serve Ihe prop<::lty and connect 10 Meridian waler and sewer lines. Waler line extension Inustbc through ¡he Hunter utc~1 prior to oIn;¡ining iI building permit. Water line clllension 10 Ihe ColStemlllOSl boIlOOary of pmpc::J1y IntlSI IJc complcrcð "y fall 199501'- wllelt devclop/nont of adjllCcnl pl'Q1Çny occurs, whichever is o:.,rli.:S(. 3- ConSlmcl paved slrecu wilhin the pmperfy. 4. DerJicalø Ibe IICCCSSiIry land from Che cenlerfJlle..~ of LoCUSI OrovcRoad and O"'crJand Road for public righC-of-way; COliS/nil;! sidewalks and depositamounts n:quired by Ada County ffighway DislriC! ¡nlo Ihe PubUc Riehrs-or-Way TrtI$I Fund for rhe coßSlnlCÙon of curbs and gultl~rs along Overland and Loclist Grove Roads. Attachment page 1 1975ÜOU&";1 >, p;¡y arty t/cve!opmcn! Fcc Ot transfer fee adonl!',!! by tho. CÎly- 6. Ml:Ct the rcqu¡rement~ anti conditions of the Findings of F¡¡e;1 and Cooclt¡Si(ms of 1..1,/( and mce! lIlt: Ordin¡mc;es oflhc Cjy. 7- Provide pn:s5t1rizcd irrigarion within the ikvcopmcnt and provide evidence of apPtol/als from Dr/nand ate irrig;Uion dislric¡/c;allal CUnI":,,,}' /tIKI dOIVnstlClIIII wmcr \I~rs flrior 10 application for all ocelll>;"¡cy ¡'COII¡, for l'/I"SçS ir or HI. 8. Provide landscaping as Ikpicled on >1tOI/OO plans prior to obtaining n Cc.nifieatc of Occllpancy. Failure \0 provide and maintain JamJscaping may rcsult ill revocation of CCI1!ficllte of Occupancy. 9. COI\Slruct, pIiIvç and stripe all parking areas and Walkways in accordance with City standards, including requirements of Americans with Dbabilicic$ (ADA). to. Design buildings to be aCCessible to the handicapped 111 accordance with ADA. 1 MI-O5-011 Attachment page 2