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Home My WebLink AboutStaff Comments CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 i STAFF REPORT TO: FROM: Hearing Date: 1/23/2007 Mayor & City Council Justin Lucas and Mike Cole 208-884-5533 D SUBJECT: iA . . . City Of Meridian MIscellaneous ApplIcatIon - MI-06-011 City Clerk Office Request to Modify the Recorded Development Agreement for The Tree Farm, by Treehaven, LLC. 1. APPLICANT'S REQUEST & STAFF ANALYSIS The applicant, Treehaven LLC, has submitted a Miscellaneous Application (MI) requesting modification to a recorded Development Agreement (DA) for The Tree Farm. The subject DA applies to approximately 358.57 acres located on the north side of Chinden Boulevard approximately 14 of a mile west of Black Cat Road, extending east to approximately Ten Mile Road, in the R-2 (Low-Density Residential, 66.02 acres), R-8 (Medium-Density Residential, 167.02 acres), R-15 (Medium High-Density Residential, 79.82 acres), C-N (Neighborhood Business, 17.26 acres) and C-C (Community Business, 28.45 acres) zoning districts. UDC ll-5B-3.D.2 and Idaho Code 9 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 August 23, 2006, and was recorded on September 21,2006, as Instrument No. 106151218, records of Ada County, Idaho. On December 12, 2006 the City Council approved a first amendment to the original development agreement. The first amendment requested by the applicant included the addition of 4.08 acres of property along Black Cat Road. As stated above, the first amendment was approved by the City Council on December 12, 2006, but as of the print deadline for this staff report the first amendment is still in the process of being prepared for recordation. The applicant is now proposing a second amendment to the DA by amending Section 5 "Conditions Governing Development of Subj ect Property" of the recorded DA for The Tree Farm Annexation (AZ-06-004). Due to the eminent development (the first phase preliminary plat for the Tree Farm Development has been submitted to the city for review) of the eastern portion of this site, the Jayker Nursery will need to relocate its offices from the current location at 4042 W. Chinden Boulevard to 4740 W. Chinden Boulevard. To accommodate the relocation of the nursery operations the applicant is requesting a modification to the development agreement to allow the installation of a double wide mobile office building for use as office space on the property located at 4740 W. Chinden Boulevard. The applicant has declared that existing home at this location will not be sufficient to satisfy the office space and management needs of the nursery, thus the need for the mobile office building. The proposed office building will use the current access point off of Chinden Boulevard that serves the home located at 4740 W. Chinden Boulevard. No new access point is being requested. The applicant has also been in contact with the Central District Health Department to discuss the usage of the existing septic system at 4740 W. Chinden Boulevard. The Health Department has determined that accessory use of this system for the proposed office building is not feasible and a new septic system will be required to support the proposed mobile office building. The applicant is requesting that the city allow the installation of this new septic system at this location. The applicant has stated that the requested location of the mobile office building and new septic system are intended to be temporary in nature. The owners of the property, Treehaven, LLC, have agreed to lease Blue Marlin Development Agreement Modification MI-06-008 Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007 20 acres of land located at 4740 W. Chinden Boulevard to the Jayker Wholesale Nursery for a period of five years. At that time the nursery will vacate the property to a more permanent location. The current development agreement for this property clearly states that the "existing tree farm (nursery) may continue to operate as it presently exists on the property, including all existing structures and access points." The development agreement obviously supports the continued operation of the Jayker Nursery on this site. Due to this support in the existing development agreement staff does not view the applicant's request as unreasonable. Moreover, staff does not view this as an expansion of the nursery or its operations because the offices are simply being relocated to a different site. In other words the existing offices at 4042 W. Chinden Boulevard will be abandoned and a mobile office building will be located at 4047 W. Chinden Boulevard to replace the lost office space. Furthermore, no new access points to Chinden Boulevard are being proposed. Even though staff is generally supportive of the applicant's request there are still some concerns with this application. Allowing new septic systems within annexed properties is not generally allowed or supported by the Public Works Department. While the use of this septic system is proposed to be temporary, there does remain the possibility that it will be a temporary use in perpetuity or essentially a permanent use. Per City Code 9.4-8 The owner or occupant of any house, building or property used for residential, commercial, industrial, governmental or recreational use, or other propose, situated within the city which is abutting on or having a permanent right of access to any street, alley or right of way in which there is located a public sewer of the city is hereby required to cease using any other method of disposing of sewage, waste or polluted water, and at his expense to connect such building directly with the public sewer in accordance with the provisions of this chapter within sixty (60) days of the date of sewer being available. Staff has no objection to the temporary use of the septic system as long as the office building connects to the municipal sewer once it becomes available. A condition of The Tree Farm is that a sewer main has to be installed and tested prior to building permits being issued within the frrst residential phase of development on this property. Consistent with this existing condition, the septic system proposed with this application shall be abandoned and the sales trailer shall be required to connect to the city sewer prior to building permits being issued in the first phase of Jayker Subdivision. Modified language for the proposed second amendment to The Tree Farm Development Agreement is provided by staff below. Staff recommends that the Council direct the City's Legal Department to draft modifications to the recorded development agreement for The Tree Farm as follows: . Section 5 - Conditions Governing Development of Subject Property This section of the recorded DA sets forth additional conditions and restrictions for the property. Section 5.1 of the recorded DA currently states: "All future development of the Property shall be constructed in accordance with the UDC as it exists on the date of this Agreement; provided, however, that uses may be expanded but not limited by any future amendment to the UDC, and the existing tree farm nursery may continue to operate as it presently exists on the Property, including all existing structures and access points. " Blue Marlin Development Agreement Modification MI-06-008 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 Staff, through the applicant's submittal letter, is proposing to replace the above- mentioned Section 5.A of the DA with the following: "All future development of the Property shall be constructed in accordance with the UDC as it exists on the date of this Agreement; provided, however, that uses may be expanded but not limited by any future amendment to the UDC, and the existing tree farm nursery may continue to operate as it presently exists on the Property, including all existing structures and access points. In addition the existing tree farm (nursery) will be allowed to relocate its offices from their current location at 4042 W. Chinden Boulevard to a mobile office building to be located at 4740 W. Chinden Boulevard. In association with this relocation the applicant may install a new septic system at 4740 W. Chinden Boulevard to serve the mobile office building until gravity sewer becomes available, at such time the applicant shall remove the septic system and connect to the city sewer. The septic system shall be removed, and the office shall be connected to the city sewer within sixty (60) days of the date of sewer being available, which shall be prior to issuance of building permits in the fITst phase of the Tree Farm Development. Furthermore, within five years of the date of this amendment to the development agreement all uses and structures on this property associated with the tree farm nursery shall be abandoned. " There are no required findings for a miscellaneous application/development agreement modification. Above, 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 The Tree Farm, as modified by City Staff above. 2. LOCATION & SURROUNDING USES The subject property is located on the north side of Chinden Boulevard, approximately y.; of a mile west of Black Cat Road extending east to approximately Ten Mile Road. The following uses surround the subject property: North - Phyllis Canal; Rural residential; Agricultural, zoned RR and R1 (Ada County) South - Proposed Bainbridge Subdivision, zoned L-O and R-8; Several rural properties in Ada County, zoned RUT West - Agricultural and rural residential, zoned RR (Ada County) East - One-acre lots in Spurwing Subdivision and WestWing Subdivision, zoned RR (Ada County) 3. OWNER OF RECORD The property owner of record is Treehaven, LLC. 4. PROCESS FACTS 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: January 1 st and 151\ 2007 c. Radius notices mailed to properties within 300 feet on: December 29th, 2006 d. Applicant posted notice on site by: January 14th, 2007 Blue Marlin Development Agreement Modification MI-06-008 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007 5. RECOMMENDATION: Staff recommends that an amendment to the recorded Development Agreemeut for The Tree Farm Annexation (see AZr06-004) 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 The Tree Farm that includes the modifications listed herein, and that the current Owner/Developer, Mayor and City Clerk sign and then record said document. Exhibits: 1) Current and Proposed Location of the Nursery Offices 2) Picture of Mobile Office Building Blue Marlin Development Agreement Modification MI.06-008 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23,2007 Exhibit 1 - Current and Proposed Location of the Nursery Offices c::; !<( \.J ::.::: ~ w I ---- I Existing Office Location Proposed Mobile Office Location --L~I.D'. j ~. Exhibit Page 1 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 23, 2007 Exhibit 2 - Picture of Mobile Office Building OJ. ~:.~.:. 1:. I. i ...--" ."...,...-_...- -~_. -. ~;-..:;;:". . '. .. ii ! .1 !..--- . .i ;;A I.L <t'. \\J. l- mcl ~ ct; . \ \ \ --~""----. '=-; ~ . - '. ----- ': . . .. .1 , ~ Exhibit 2 Page 1