Loading...
HomeMy WebLinkAboutStaff Comments '. -~ STAFF REPORT TO: FROM: Hearing Date: 8/22/2006 Mayor & City Council C. Caleb Hood Current Planning Manager 208-884-5533 SUBJECT: City Of Meridian Miscellaneou~_AJ!P!~c_ation - MI-06-00S City Clerk Office Request to Modify tne-R_e_~()_rded Development Agreement for Mussell Corner, by Brian Holleran. --- - - -___ 1. APPLICANT'S REQUEST & STAFF ANALYSIS ____ The applicant, Brian Holleran, has submitted a Miscellaneous Application (MI) requesting ~~ri<F-r--eeer4e(LDevelopment Agreement (DA) for Mussell Comer. The subject DA applies to approximately 23 acres located on the northeast comer of Victory Road and Meridian Road, in the C-G (General Retail and Service Commercial) zoning district. There is currently a combination feed store and gas/convenience station, a landscape nursery, and a sprinkler contractor's business on this site. UDC 11-5B-3.D.2 and Idaho Code ~ 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. The subject Development Agreement was entered into on November 17, 2004, and was recorded on December 3, 2004, as Instrument No. 104153422, records of Ada County Idaho. The applicant is proposing a first amendment to the DA by amending Section 4 "Uses Permitted by This Agreement" and Section 6 "Conditions Governing Development of Subject Property" of the recorded DA for Mussell Comer Annexation (AZ-03-038). Modified language for the proposed first amendment to the Mussell Corner Development Agreement is provided by Staff below. The City has sent out notices of the subject request in accordance with the current standards for public hearings (see Section 4, Process Facts, below for publication dates.) There are no required findings for a miscellaneous application/development agreement modification. Below, staff has provided the most pertinent facts and analysis related to the proposed development agreement modifications. Staff is recommending approval of the applicant's request to amend the Development Agreement for Mussell Corner. as modified bv City Staff below. In addition to being subject to the Development Agreement for AZ-03-038, this property was part of the conceptual Conditional Use Permit (CUP) for a Planned Development (PD) proposal in 2003/2004 (CUP-03-071). Concurrent with the AZ and CUP/PD applications, a combined preliminarylfinal plat application (PFP-03-007) for a 4 lot commercial subdivision was also processed and approved on this site by the City in 2004. Because the approval of CUP-03-071 was conceptual in nature, the City required, through a Development Agreement tied to the annexation, detailed CUP approval for all future uses in the development. Until last year (with the adoption of the UDC), a DA provision to obtain detailed CUP approval when conceptual Mussell Comer Development Agreement Mod MI Page 1 "\ -~ approval had been granted was a fairly standard requirement of the City. This CUP requirement allowed the City to evaluate the details of each building/phase to ensure that developers comply with the approved uses of the conceptual CUP as well as design standards. If the Council approves the proposed DA amendment, each building on the subject property will still be required to obtain Certificate of Zoning Compliance (CZC) approval from the Planning Department prior to construction of any building, but not a CUP. NOTE: Future buildings adjacent to Meridian Road will also be subject to Design Review approval by City Staff. 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 future buildings on this site to bypass the public hearing process. This makes the process of pulling building permits more efficient for the developer and the City. As mentioned above, the recorded DA required CUP approval for all uses on the subject site because a detailed concept/re-development plan for the site was not provided when the annexation application was processed by the City. The applicant, Brian Holleran (Oaas-Laney), has submitted a Master Site Plan, nine pictures of what the future buildings will look like on this site, and detailed elevations for the next building within this development (for 2M Company). The applicant is requesting that certain sections of the above-mentioned recorded development agreement be modified to allow the construction and commencement of principally permitted uses in the C-G zone, without CUP approval (see Applicant's letters dated July 18th and July 31 st, 2006). Rather than having each new building/user obtain CUP approval, the applicant has proposed to incorporate specific design guidelines that all future buildings adjacent to Victory Road and Meridian Road will be required to comply with. Staff is generally supportive of the applicant's proposal as it will create a development with a uniform look while lightening the amount of CUP applications processed by the City. NOTE: There is an existing metal building for 2M Company that does not conform to the design standards proposed by the applicant. Further, the use of this building does not comply with UDC Table ll-2B-2, it is an existing non- conforming use. The applicant is proposing to retain this building and the use of the building for wholesale warehousing/contractor's yard. Staff has worked with the applicant on how to expanding the 2M business on this site, while ensuring that all new buildings and uses conform to the;; UDC. Becausc 2M is really more of an industrial user than a commercial user, staff was concerned that their building(s) would not fit in with the character of the area. Although the existing metal building will remain for 2M, the applicant has stated that they would be willing to construct a new "flex" building for 2M. This way should 2M ever decide to relocate elsewhere, the new building could easily be converted to multi-tenant flex space. Although it appears that the proposed 2M building could be modified to accommodate future users, staff does not believe that the proposed building looks like a "flex" building as it is a metal-sided building with only one overhead door. Therefore, staff recommends that the Council determine if additional modifications to the 2M building should be required at this time. Staff further recommends that the Council direct the City's Legal Department to draft modifications to the recorded development agreement for Mussell Comer as follows: . Section 4 - Uses Permitted by This Agreement Mussell Comer Development Agreement Mod MI Page 2 This section of the DA sets forth the use restrictions for this property. The intent of this section is to state which uses are allowed, not allowed, and/or conditionally allowed. Section 4.1 of the recorded DA currently states: "4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (K) which are herein specified as follows: a) Construction and development of a commercial subdivision that includes a combination feed store and gas/convenience station in a proposed C-G zone. All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use permit process." Staff. through the avplicant's submittal. is proposing to replace the language noted above in Section 4.1 of the DA with the following: "4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Unified Development Code codified in Table 11-2B-2 and herein specified as follows: a) Principally permitted uses on the subject property shall be allowed without Conditional Use Permit approval, provided all future buildings have: sloped metal roofs with overhanging eaves that are supported by posts; are oriented toward the public street (front door facing street); siding visible from a street containing at least a three-foot tall wainscoting constructed of stone, brick, or other similar materials; that each building will provide a variety of building materials and colors; and each building is generally consistent with the nine pictures submitted with MI-06-005, as determined by the Planning Director. If a future proposed building is not consistent with the above-mentioned provisions, then the building and use shall be required to obtain Conditional Use Permit approval prior to construction and operation. b) Future construction on the subject site shall be generally consistent with the Master Site Plan submitted with MI-06-00S, as determined by the Planning Director. All buildings with frontage on Victory Road or Meridian Road, will be limited to a maximum 11,000 square foot building footprint and no building on this site shall have a building footprint larger than 20,000 square feet. If a future proposed building is not consistent with the Master Site Plan, then the building shall be required to obtain Conditional Use Permit approval. c) That all future buildings on the subject property will be required to submit a Certificate of Zoning Compliance (ClC) application prior to construction. And all future buildings adjacent to Meridian Road will be required to obtain Design Review approval prior to construction." Mussell Comer Development Agreement Mod MI Page 3 . Section 6 - Conditions Governing Development of Subject Property This section of the recorded DA sets forth additional conditions and restrictions for the property. Section 6.Bla of the recorded DA currently states: "a) All future uses on proposed lots or parcels within the annexation area shall be approved through the Conditional Use Permit process." Staff, through the applicant's submittal, is proposing to replace the above- mentioned language in Section 6B 1 a of the DA with the following: "a) All future uses on proposed lots or parcels within the annexation area shall be required to comply with the amended Section 4 of the Development Agreement and the Unified Development Code." Staff recommends that an amendment to the recorded Develovment Agreement for Mussell Corner be avproved as proposed bv City Staff above. Please note that on July 31, 2006, the Idaho Transportation Department drafted a letter to the City regarding the subject application. In that letter, ITD states: "ITD desires the CUP process for all future uses on the site, to ensure that impacts and additional traffic safety concerns to the State Highway can be addressed." City Staff has contacted ITD Staff regarding their comments. ITD concerns are regarding additional access points to SH-69. City Staff assured ITD Staff that no additional accesses to this site to the State Highway will be allowed for this property in the future by the City. Further, if ITD has concerns regarding traffic safety related to this site in the future, they can comment at that time, they do not need a CUP to do so. 2. LOCATION & SURROUNDING USES The subject property is located on the northeast corner of Victory Road and Meridian Road, in Section 19, Township 3 North, Range 1 East. The following uses surround the subject property: North - Single-family home, zoned RUT in Ada County and proposed single-family homes in Bitterbrush Subdivision, proposed R-4 zone South - Proposed mixed-use development, Tanana Subdivision, zoned TN-R, C-N and R-8 West - Strada Bellissima Subdivision, Office and Single-family homes, zoned L-O and R-4 East - Single-family homes in Observation Point Subdivision 3. OWNER OF RECORD The property owner of record is Kuna Victory, LLC. 4. PROCESS FACTS Mussell Comer Development Agreement Mod MI Page 4 a. Miscellaneous applications are not currently addressed in Title 11 of the Meridian City Code. It has been determined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will in fact require a public hearing before the City Council. b. Newspaper notifications published on: July 31 and August 14,2006 c. Radius notices mailed to properties within 300 feet on: July 28, 2006 d. Applicant posted notice on site by: August 11, 2006 e. Section 4.2 of the recorded Development Agreement for Mussell Comer currently states: "No change in the uses specified in this Agreement shall be allowed without modification of this Agreement." S. RECOMMENDATION: Staff recommends that an amendment to the recorded Development Agreement for the Mussell Corner Annexation (see Az..03-038) be approved, as noted in Section 1 of the Staff Report above. Staff further recommends that the Mayor and City Council direct the Legal Department to draft an amendment to the Development Agreement for MuseU Corner that includes the modifications listed herein and includes a copy of the submitted Master Site Plan, and that the current Owner/Developer, Mayor and City Clerk sign and then record said document. Exhibits: 1) Master Site Plan 2) Photographs (9) of Future Building Elevations Mussell Comer Development Agreement Mod MI Page 5 Exhibit 1 - Master Site Plan : 'I I II '. 1~'.1 .~ ."r,:, b ihl! fJ G Exhibit I - Master Site Plan Page 1 Exhibit 2 - Photographs (9) of Future Building Elevations Exhibit 2 - Photographs (9) of Future Building Elevations ~ :1 I' ! " " " j , ':!~ ,I ~ Page 1 j l,'" 1. " I" " " " "*"1)"" I--J, ,:";;;;,: _i' 'I; < ,,' 'L , . , .I ; I j I, , ," t' Exhibit 2 - Photographs (9) of Future Building Elevations Page 2 , ~. ':,! 1 .~t .;p. ,.1 " H ~~.h UH, >''1'''')'~-W%''"''"''*'?'~"1! < < ,'.',(i)'~< .......- Exhibit 2 - Photographs (9) of Future Building Elevations Page 3 r(\ EKblblt 2 _ Pbotograpbs (9) of Future BUllding Elevations T Page 4 --------- .. " 1 \~ 1 -'! \ \ \' '",' "\' 1"\ '<: '. 1~: '- ..~" Exhibit 2 - Photographs (9) of Future Building Elevations Page 5 10 Exhibit 2 ~ Photographs (9) of Future Building Elevations Page 6 Exhibit 2 - Photographs (9) of Future Building Elevations Page 7 (i-- (:f) Exhibit 2 - Photographs (9) of Future Building Elevations Page 8 (' ;~ ':.l ! \ j \ ' .. , ,. I' I i '~, .t to., ~'J ,i ~,~ ,'~ rh 1" Exhibit 2 - Photographs (9) of Future Building Elevations Page 9 ()