HomeMy WebLinkAboutStaff Comments
j
To:
Mayor and City Council
""TRE;ASLrflliV~'I,/ , XlN~E
',1903
MEMORANDUM:
City Council Hearing Date: December 13, 2005
Transmittal Date: December 8, 2005
From:
Joe Guenther, Associate City Planner
Subject:
Miscellaneous Application - Request to Remove Development Agreement
for Casper Management
Request for Miscellaneous Application Approval to Remove Approximately
7.32-acres From the Recorded Development Agreement for, by Prather
Company/Casper Management. (File No. MI-O5-014)
APPLICATION SUMMARY. LOCATION & mSTORY
The applicant, Casper Management, has submitted a Miscellaneous Application (MI) to remove
approximately 7.32 acres from being subject to the recorded Development Agreement (DA) for
the Meridian Storage development (Instrument #103089185). The properties subject to the
recorded development agreement are located on the south side of Overland Road, west of
Meridian Road. .
In 2001, Touchstone Construction, inc. submitted an application for CUP/AZ for storage units at
the site and entered into a DA with the City for approximately 7.32 acres ofland located south
of the Overland Road approximately 1.4 mile west of the Meridian Road intersection. The DA for
Touchstone Construction included approval of the submitted improvement plans for utilities,
fire hydrants, sewer, water, pressure irrigation, 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 "construction and development of a storage facility".
Queensland Acres, Inc/Touchstone Construction Inc., are no longer the property owner of the
site, and the applicant, Casper Management, would like to eliminate the DA to allow the
standard uses of the C-G General Commercial district as listed in UDC 11-2B-2.
The applicant claims that the terms and conditions of the recorded DA from 2003 specifically
address the construction ofthe storage units and the conditions of approval would not apply to a
C-G General Commercial proposal. Required utility improvements, canal improvements, and
other standard requirements shall be addressed through a detailed approval, either by
Conditional Use Permit (CUP) and/or Certificate of Zoning Compliance (CZC) permit as
defined by the Unified Development Code.
OWNER OF RECORD
MI-O5-014
Attachment page I
The owner of record for the subject property is Prather Company, James Prather.
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 the requirements and improvemènts included within the original DA
can be satisfied under the Unified Development Code. The Meridian Public Works Department
staff has confirmed that the infrastructure requirements in the DA can be completed through
standard construction review procedures. The Public Works Department is in concurrence with
allowing the recorded DA to expire as proposed by Planning Staff below. Staffbelieves 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) permit.
Staff also realizes that the current property owner of the site is not the property owner that
entered into the agreement with the City in 2003 and does not wish to propose storage units on
the site.
Staff recommends that the City Council direct City Legal DeDartment staff to Drepare an
amendment to the DeveloDment Agreement (DA) for Touchstone Construction. Inc-Oueensland
Acres. Inc.. recorded in 2003 with Instrument # 103089185. so that the requirements and
restrictions included in said DA no longer aDply to the current owners.
MI-O5-014
Attachment page 2