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Home My WebLink AboutStaff Comments STAFF REPORT TO: CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006 j oU;rldi~ \ \ ED Hearing Date: 12/5/2006 SUBJECT: Mayor & City Council Amanda Hess, Associate City Planner Caleb Hood, Current Planning Manager Resolution Park Development Agreement Modification FROM: NOV 3 0 2006 . MI-06-009 City Of Meridian City Clerk Office Modification to the recorded Development Agreement for Resolution Park Subdivision to remove the requirement to obtain Conditional Use Permit approval on Lot 3, Block 1, by Dr. Phil Burk 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Dr. Phil Burk, has submitted a Miscellaneous application (MI) requesting modification to the recorded Development Agreement for Resolution Park Subdivision No.1, located in a L-O zone, to remove the requirement for detailed conditional use permit approval for Lot 3, Block 1. The site is generally located 750 feet south of Overland Road and east of Millennium Way in Section 20, Township 3 North, Range 1 East, B.M., and is currently referenced as Assessor's Parcel Number R7406020030. The subject Development Agreement was approved by City Council on June 20, 2000, and recorded July 20, 2000, as Instrument No. 10056509, records of Ada County, Idaho. The applicant is proposing to amend Item 4.1 of the Development Agreement for RZ-00-003. Item 4, "Uses Permitted by This Agreement" 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 Sections 11-7-2 G which are herein specified as follows: (L-O) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. With the further restriction that all uses and development of the su~ject real property shall be governed under the conditional use permit process as a planned development. For the construction and development of a planned commercial development. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. The applicant is proposing to amend the Development Agreement to remove the obligation for future uses on Lot 3, Block 1, Resolution Park Subdivision No.1, from obtaining Conditional Use Permit approval. (See Applicant's Submittal Letter, dated November 1, 2006) Item 22.1 on Page 11 of the recorded Development Agreement for this property states: No condition governing the uses and/or conditions governing development of the subject Resolution Subdivision No.1 Development Agreement Modification - Ml-06-009 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5, 2006 "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. The City has sent out notices of the subject request in accordance with the current standards for public hearings. (See Section 4 below for publication dates) There are no required [mdings for a miscellaneous application/development agreement modifications. Below, under History/Staff Analysis, Staff has provided the most pertinent facts and analysis related to the proposed development agreement modification. 2. LOCATION & SURROUNDING USES The subject property is generally located at the southeast comer of Overland Road and Millennium Way at 1828 South Millennium Way, in Section 20, Township 3 North, Range 1 East, B.M. The following uses surround the subject property: North - Office uses, zoned L-O South - Mountain View High School, zoned R-4 East - Offices uses, zoned L-O West - Office uses, zoned L-O 3. OWNER OF RECORD Liza Morris of cole + poe architects submitted the subject application on behalf of the property owner, Dr. Phil Burk. 4. PROCESS FACTS a. Miscellaneous applications are not currently addressed in Title 11 of the Unified Development 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: November 20,2006, and November 27,2006 c. Radius notices mailed to properties within 300 feet on: November 17, 2006 d. Applicant posted notice on site by: November 17, 2006 5. HISTORY/STAFF ANALYSIS In 2000, Resolution Park No.1 was approved for zoning of 37.6 acres to L-O, including the subject parcel (RZ-00~003). Concurrent with the rezone application was a preliminary plat application (PP-00-006) and a conceptual CUP application for a planned development (CUP-00-017). Also submitted with the aforementioned applications was a CUP application for 200 multi-family units (CUP-00-015), and a CUP application for an 86,160 square-foot ice arena (CUP-00~016). The approval of CUP~00-017 was conceptual in nature. Therefore, the City required detailed CUP approval for all uses within the development through a Development Agreement tied to the rezone (RZ- 00-003). The requirement to obtain detailed CUP approval when conceptual approval has already been granted was standard procedure at the time. Said requirement allowed the City to evaluate each phase in order to ensure that the developers complied with the approved uses of the conceptual CUP, as well as design standards. While the Applicant does have a conceptual site plan for this lot, the Applicant has not provided Staff with copies of the building elevations for the office building to be constructed on-site. Therefore, Staff is unable to verify that the buildings will be architecturally consistent with the other office buildings that Resolution Subdivision No. I Development Agreement Modification - Ml-06-009 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF DECEMBER 5, 2006 have been approved in Resolution Subdivision No.1, a principal reason for originally requiring a CUP for this property. Further, the Unified Development Code (UDC) does not have specific architectural provisions that could be addressed by staff through a Certificate of Zoning Compliance (CZC). However, if the applicant agrees to submit a Design Review application for the proposed office building which comply with UDC 11-3A-19 and are compatible with the construction style and quality on the neighboring properties, Staff believes that a CUP for this lot should not be required. If the Council approves the proposed Development Agreement amendment as proposed by Staff, the owner the subject property will be required to submit a Certificate of Zoning Compliance (CZC) application and a Design Review (DR) application to the Planning Department, prior to submittal for a building permit with the Building Department. Please note that both the CZC and the DR applications are approved at the staff level and do not require a public hearing. NOTE: On March 7, 2006, City Council approved an amendment to the subject DA (Instrument No. 106044348). MI-05-016 allowed Lot 7, Block 1, to submit CZC and DR applications rather than a CUP application. If approved, this will be the fourth amendment to the DA for Resolution Park. 6. RECOMMENDATION Staff recommends that an amendment to the recorded Development Agreement for this site (RZ-00-003) be approved, which amends the requirement for Lot 3, Block 1, Resolution Subdivision No.1, from obtaining CUP approval for buildings/uses that would not otherwise be required to as determined by the City's Unified Development Code. Staff also recommends that the future building on Lot 3, Block 1, comply with the provisions of UDC 11-3A.19 (Design Review), in addition to UDC 11-5B-l (Certificate of Zoning Compliance). Staff further recommends that Item 4.1 of the Development Agreement (Instrument No. 10056508) be amended as follows. "With the further restriction that all uses and development of the subject real property shall be governed under the conditional use permit process as a planned development, excepting Lot 3. Block 1. All uses and buildinfls on Lot 3. Block 1. shall be Roverned under the City's Unified Development Code and shall be sub;ect to administrative desi!!fl review as set forth in UDC 11- 3A-19. " Staff recommends that the Mayor and City Council direct the Legal Department to draft: an amendment to the subject development agreement as stated above. 7. EXBmITS A. Vicinity Map B. Applicant's Narrative Resolution Subdivision No.1 Development Agreement Modification - MI-06-009 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5, 2006 7. Exhibits A. Vicinity Map Resolution Park Vicinity / Zoning Map o 110 220 ~- 440 ~ 'Fee~ .... ~u l... L ~Rif'~~~ \" I .........~ ~"-.;. . ~.':-- . -..~ ., . Resolution Subdivision No.1 Development Agreement Modification - MI-06-009 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006 B. Applicant's Narrative November J,2006 Planning IJL Zoning Department City ofMeridilll1 660 E. Watertower Lane, Suite 202 Meridian,ldaho &3642 Re: MiK'eUaDeous ApplicatiOD - Development Agreement Modification Request ResolutioD Park Medical Office Building . 1828 SMillelUliam Way . Dear Sir or Madam: On behalf of Millennium Medical Group, LtC p1ea.se find enclosed the Miscellaneous Application requesting Amendment to the Development Agreement for Resolution SubdiVillion, datedJuly 18, 2000, recorded July 20; 200Q as In~tn1ment No. 10056508, records of Ada COUJIty Idaho. .. Millennium Medical Group, LLC owns Lot 3, Block 1 of Resolution Subdivision No.1 and is in the prt>ecss of submitting all necessary applications to obtain a building. permit for a oommcrCialfmedical office building on this property . We clllTlll1tly have a CZC Application under fe..dew, and during that process it was .brought to Our attention thllt a' CUP would .00 required due tot.he. aIiOverefetenced Development Agreement. This 1.2 acre parcel was part of a large 47 acre conceptual Conditionall Jlle Permit proposal. in 2000 whieh was p~ssed as Resolution Plaza, The Development Agreement entered into by the developer of Resolution Plaza and the City ofMeridiBn requiren separate Conditional Use Permit for each proposed project within lhil original subdivision. Millennium Medic~l (]tOllp is s.king to amend the Development Au-went to remove the obligation tor Lot 3. Block 1 Resolution Subdivision toob1ain ConditiOlUli Use Approval lIS required by the Development Agreement for RellOlution PllIZII. We are requesting standard tJnifiedCode Janguagebc applied instead. In this case the commercial/medical office Use is CODsiStDlltwith the existingL-OZone Use. The OUJ'l'ent,City ofMeridien regulatioDs do notrequireconfooning palCcls to submit for Conditional Use Approval. Thus, it is the request of the Applicant to be held to the cun:enlCity slandarwwith reganlto the propotlCd Uses on this parcel by amendin& thl'! Development Agreement to deleting the CUP sections in their entirety. It is the belief oCtile Applicant thatiii will alleviate an already iteryhellVY~9rldoad for City Staff and nee up City funds for other uses since a Development Agr~eot Moilification is far less time wnsuming.tIum II CUP Application. Resolution Subdivision No.1 Development Agreement Modification - MI-06-009 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 5,2006 The original ~velopmentAgreiilll1ent was well-intentioned and provided the City a level ofprotection and JUldance at the time. However, the intent for-the Milletmium Medical Group parcel is now ckarly defined and is compatible with the allowed use as dictated by zoning.Which would otherwise govern this properly. The subject prcpel1,)' is.1I flag lot with medical offices to the west, north and east. The south property line abutS a Mountain View High School fJ.eld. Regarding the prOperty along Ihe lIllst line, in 2004 an Amendment to the Development Agreement was. grantod to that propc'irty whichrcmoved the obl.igation {See PP..()4.Ol O).to submit CooditiomilUoo Pcnuit applications. 50 Jong as the uses and development would not otherwise be required to obtain CUP approval according to the City's Zoning and Development Ordinance. This request was for a. six parcel development, Development was consistent with the 7..one. Given these factors, we respectfullysu.binit our requ...ost feil' Amendment and look forward .10 your comments.. Please contact us at 331-3200. Sincerely. (~~ Liza Mortis Architec:tlProject Manager Resolution Subdivision No.1 Development Agreement Modification - MI-06-009 Exhibit B