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Home My WebLink AboutWaverly Place Subdivision AP app .." -'Jf \', TRANSMITTALS TO AGENCIES FOR COMMENTS ON ) DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN ..P "." To insure that your comments and recommendations will be considered by 19~3 the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 29,2006 Transmittal Date: August 9, 2006 File No.: AP 06-001 Hearing Date: September 5, 2006 Request: Public Hearing - Appeal of the Planning Director's determination that the submitted development applications for Waverly Place Subdivision are incomplete / ~p /CITYOF \..-/VI erzdicrn ID/\HO .>. ~. Q.:v I"r~'tt "It.;.. THf::.A':';l1m~ V l-..1,Y:''\ MAYOR Tammy de Weerd Crn' COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle Cn-v DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 By: Vacation Village Villas, LLC Location of Property or Project 2510 Magic View Drive Fire 540 E. Franklin .Road 888-1234 / fax 895-0390 David Zaremba (no FP) David Moe (no FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Keith Borup (No FP) ----.:... Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, CIC Shaun Wardle, CIC Water Department Sewer Department Sanitary ServiceS(No VAR, VAG, FP) Building Department I Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Parks & Recreation 1] W. Bower Street 888-3579/ fax 898-550] Planning 660 E. Watertower Lane Su He 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/ fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211/ fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/ fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/ fax 884-1159 Your Concise Remarks: Meridian School District (No FP) Meridian Post OffiCe(FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power CO. (FP,PP,GUP) Qwest (FP/PP only) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Meridian Development Corp. Historical Preservation Comm. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK- FAX 888-42]8 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE-FAX 884-8119 Printed on recycled paper cJvG;;di~n ;',\ 01&~\) Planning Department ~<".."',.~:~~:, '''' 1\9 ~lQ '" "' :~~SSION & COUNCIL REVIEW APPLICATION Type of Review Requested (chec~aJH~a~pp1~ r~ \\':':;.~.... DAnnexation and Zoning L; ,,~:::::- ,..... ,.pO o Comprehensive Plan Map Amendment o Comprehensive Plan Text Amendment o Conditional Use Permit o Conditional Use Permit Modification o Final Plat o Final Plat Modification o PlaMed Unit Development DPreliminary Plat o Rezone o Time Extension (Commission or Council) o UDC Text Amendment o Vacation (Council) Hearing date:!il"'~~DcOlnmissionJicouncil o Variance 0' Other City Council Review (Appeal) Applicant Information Applicant name: Vacation Village Villas, LLC Applicant address: 719 West Oakhamoton, Eagle, ID Applicant's interest in property: 00wn 0 Rent DOptioned D Other Owner name: Vacation Village Villas, LLC (Alston Jones) Owner address: 719 West Oakhampton, Eagle, ID Phone: (208) 938-0943 Zip: 83616 Phone: (208) 938-0943 Zip: 83616 Agent name (e.g., architect, engineer, developer, representative): Becky McKay, Planner Finn name: Engineering Solutions. LLP Phone: (208) 938-0980 Address: 150 E. Aikens. Suite B, Eagle, ID Zip: 836] 6 Primary contact is: 0 Applicant DOwner 0' Agent D Other Contact name: Beckv McKay E-mail: es-beckvm@qwesLnet Subject Property Information Location/street address: 2510 Magic View Court Assessor's parcel number(s): R5443010060 Township, range, section: T.3N" R. I E" Section 17 Current land use: Single-family home Phone: (208) 938-0980 Fax: (208) 938-0941 Total acreage: 5.30 (mmexation); 4.68 (plat) Current zoning district: RUT 660 E. Watertower Lane, Suite 202 . Meridian, Idaho 83642 Phone: (208) 884-5533 . Facsimile: (208) 888-6678 . Website: www.mcridiancitv.org 1 Project Description Project/subdivision name: Waverlv Place Subdivision General description of proposed project/request: Annexation and zoning of 5.3 acres to L-O with a Preliminary Plat for 6 residential lots and 3 common lots on 4.68 acres wI CUP for multi-family residential Proposed zoning district(s): L-O Acres of each zone proposed: 5.3 Acres L-O Type of use proposed (check all that apply): o Residential D Commercia] 0 Office 0 Industrial 0 Other Amenities provided with this development (if applicable): Clubhouse Who will own & maintain the pressurized irrigation system in this development? Nampa & Meridian Irrigation District Which irrigation district does this property lie within? Nampa & Meridian Irrigation District Residential Project Summary (if applicable) Number of residential units: 24 Number of common andlor other lots: 3 Proposed number of dwelling units (for multi-family developments only): ] Bedroom: 2 or more Bedrooms: 24 Number of building lots: 6 + 1 clubhouse lot Minimum square footage ofstructure(s) (exc!. garage): Minimum property size (s.t): 19,500 Gross density (DUfacre-totalland): 5.1 lAOO Proposed building height: Max. 40' Average property size (s.f.): 21.584.83 Net density (DUlacre-excluding roads & alleys): 6.4 Percentage of open space provided: 16.36 Acreage of open space: 0.765 acre Percentage of use able open space: 16.36% (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (Le., landscaping, public, common, etc): 0.6-acre open space with clubhouse and parking (NOTE: Plat is less than 5 acres and is not required to have open space) Type of dwelling(s) proposed: DSingle-family DTownhomes 0 Duplexes 0 Multi-family Non-residential Project Summary (if applicable) Number of building lots: Gross floor area proposed: Hours of operation (days and hours): Percentage of site/project devoted to the following: Landscaping: Building: Paving: Tota] number of employees: Maximum number of employees at anyone time: Number and ages ofstudents/chi]dren (ifapplicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Other lots: Existing (if applicable): Building height: Authorization Print applicant name: Applicant signature: A]ston.JOF ~ -LL Date: ff-7'-00 660 E. Watertower Lane, Suite 202 . Meridian, Idaho 83642 Phone: (208) 884-5533 . Facsimile: (208) 888-6678 . Website: www.meridiancity.org 2 Waverly Subdivision Narrative Request for City Council Review This is an appeal from the decision of the Planning Director to deem incomplete, and not accept, the Waverly Place Subdivision application submittal. The application, as originally submitted on July 14,2006, is attached and incorporated by reference as Appendix A (the "Application"). The letter issued by the Planning Director on July 20, 2006, is attached and incorporated by reference as Appendix B (the "Decision"). Vacation Village Villas, LLC, requests that the City Council overrule the decision of the Planning Director pursuant to UDC 11-5A-6. L The affected party and how it is affected. The affected party is the applicant, Vacation Village Villas, LLC ("VVV"). VVV is the current titled owner to the real property which is the subject of the Application (the "Property") . As due diligence, prior to contracting to purchase the Property, VVV, through its Manager, Alston Jones, with its Realtor, Richard Allison, met with the Planning Director, Anna Canning, in her office on 6-20-05. At that meeting, VVV identified the Property, and explained its development intentions if it acquired the property. VVV described its plans for an up-scale, medium density multifamily residential project. The Director stated that the proposed development appeared to be a reasonable transitional use for the Property and would simply require annexation, a zone request for "L-O," a conditional use permit request and approval through the public hearing process. After meeting with the Director, VVV entered a purchase agreement, and later closed on the Property. The price VVV paid for the Property was a premium, in expectation of the development potential. Although there may be development potential for the property other than multifamily, other alternatives do not appear viable, at the present time. VVV has consulted with several local Realtors who opine that the Property is too far from Eagle Road to be marketable for offices in the foreseeable future. In addition, VVV has consulted with the neighboring landowners, including representatives of the Woodbridge Community Homeowners Association, and firmly believes it has local neighborhood support and approval. IL The disputed decision and basis for City Council review. Submitted, for review, is that Decision, (Appendix B), refusing to accept the Application (Appendix A) pursuant to UDC 11-5A-3(C) (2). VVV contends the Application was "complete" for purposes ofUDe 11-5A-3. The material portion ofthe Decision states: The submitted applications for Waverly Place Subdivision propose a multi-family development with 24 dwelling units, and no businesses. Narrative Request for City Council Review P. 1 of2 Because the subject applications are not consistent with the Comprehensive Plan, and you have not submitted an accompanying Comprehensive Plan Amendment, the submitted applications for the Waverly Place Subdivision have been deemed incomplete by the Planning Department Director. (Appendix B.) VVV contends that the Director's decision: (1) is inconsistent with her duties and authority under the Meridian Uniform Development Code ("UDC"); and (2) reflects a substantive misinterpretation of the Meridian Comprehensive Plan ("Comprehensive Plan"). VVV submitted its application requesting "Annexation and Zoning," "Conditional Use Permit," and "Preliminary Plat" reviews. (See Appendix A). VVV did not seek a Comprehensive Plan amendment. The Application, as submitted, is complete for the requested review actions. The Director should accept Application and begin processing. UDC ll-5A-3 (C). Notwithstanding the procedural nonconformity, the Director's basis for her rejection simply cannot be consistent with the Comprehensive Plan. The Property is identified as "Office" on the City of Meridian Future Land Use Map (as amended March 14,2006) (the "Land Use Map"). The Comprehensive Plan defines that land use category as follows: Office. This designation will provide opportunities for low-impact business areas. These would include offices, technology and resource centers; ancillary commercial uses may be considered (particularly within research and development centers or technological parks). Additionally. as noted in the Residential districts section of the Comprehensive Plan, light office uses may be appropriate in limited circumstances and at the discretion of [sic] City Council. Comprehensive Plan, Chapter VIL Section C1., p. 106 (June 2006) (emphasis added). The underlined portion was recently added by Resolution No. 04-454 (December 14, 2004) in order to "clarify the City of Meridian's Comprehensive Plan definitions for. . . office. . . land use designations." Significantly, the term "light office" does not appear to be defined within the Comprehensive Plan or the UDC. Moreover, the UDC does not have a specific "Office" district. Rather, as a Commercial District, I the UDC specifically contemplates a "Limited Office District" identified as the "L-O" zone. UDC 11-2B-1. Under the L-O designation, multifamily development may be permitted as a conditional use. UDC 11- 2B-2. Contrary to the conclusion of the Director, VVV's proposed development may be allowed as a conditional use without amending the Comprehensive Plan. Although there is a "Light Industrial District," considering that the Property is not designated "Industrial" on the Future Use Map, that designation appears plainly inapplicable. Narrative Request for City Council Review P. 2 of2 Jul 24 2006 12:50PM Engineering Solutions 208 938 0941 p _ 1 MAYOR Tammy de Weerd CITY COUNOL MEMBERS Keith Bird Charlesh{.Rountree ShaUll Wardle Christine Donnell CITY DEPARTMENTS Fire 540 E. FranJc tin Road 888-1234 j fax. 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fa.",; 888-6854 Planning & Zoning 660 E. Watertower ~ane Suite 202 884-5533 / fax 888-6854 Police 1401 E. Watertower Lane 886-6678/ fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 ; fax: 887-1297 - Wil5t€water 3401 N. Ten Mile Road 888-2191 ! fax 884-0744 - Water 2235 N. w. 8th Street 888-5242 ! fax 884-1159 RECEIVED JUL 2 1 2006 Engineering Solutions C/O Mrs. Beeky McKay 150 E. Aikens Street, Suite B Eagle, ID 83616 RE: Waverly Place Subdivision Application Submittal Dear Mrs. McKay: This letter is being written in response to your annexation, preliminary plat, and conditional use permit application submittal for Waverly Place Subdivision, located at 2510 Magic View Court. The subject property is currently designated "Office" on the City of Meridian Future Land Use Map, adopted in the Comprehensive Plan. Office is defined in Chapter VII, of the Comprehensive Plan as follows: "This designation will provide opportunities for low-impact business are~. These would include offices, technology and resource centers; ancillary commercial uses may be considered (particularly within research and development centers or technological parks)." The subntitt~d applications for Waverly Place SubwviSion propose a multi-family development with 24 dwelling units, and no businesses. Because the subject applications. are not consistent with the Comprehensive Plan, and you ,have not submitted an accompanying Comprehensive Plan Amendment, the submitted applications for Waverly Place Subdivision have been deemed incomplete by the Planning Department Director. Please stop by and pick up your applications, or inform Planning Staff to dispose of the applications for you. The City will begin the process of refunding the $3,698 in fees you submitted for this project. In accordance with UDC 11-5A-3F and UDe 1.l-5A..6, you have the option to appeal this decision to the City Council. All City Council Reviews (appeals) shall be filed in writilm with the Planning Department within fifteen (15) days after the date of this letter. The appeal will be forwarded to the City Council to conduct a public hearing. The appeal should specify the grounds upon which the appeal is filed. r have attached the City Council Review application and checklist to this letter, should you decide to file an appeal of the Director's determination. Please feel free to contact me at 884-5533 if you:have any ~ditiona1 questions. {ls,.m.-:..c~e,;e]~; '::,,',',.,.'.,.- ,,",'. .. o' .-' . . 'I . _ .. I.' . . ~ c. ,_, , _ . . , '" . " . ... . . . . . L " . . Anna Borchers Catming, AICP. Planning Director _.Lo' .~~ ~ . I CITY HALL 33 EAST IDAHO AVENUE I\.1ERIDIAN, IDAHO 83642 (208) 888..4433 CITY Q,ERK - FAX 883-42]8 CITY AITORNEY 1m - FAX 884-8723 FINANCE & UTILITY BILUNG - FAX 887-4813 ~:1AYOR'S OFFICE - FAX 884-8119 ~ c ..... I I I { J '--r---r- E. FRANKLIN ROAD r I \ l ~: ?N0 M~ l tN& 1:"- ~/\ -iw';~ \~ ~ I ~ I-U ~ :.... L... LI'''' - - ._- .~~ . J;<'-' ~ G~' ----- :// '" -, --I I '-- H \:: ~(' l~a~ .QY--~i ,--\ t :A of" r i' ~ l-- I-- SllOIJ \ ~) _110 -. g~ \~, Ilf ~ ~.~~ ~~j == ;~~~~I=:= == AA\ ).; ~f- ~ ill ~/-'-~ ;ITD 0 :J .:~ I r 1- / ~ ... 0; . ,..1...., 1.0,.., r rr ~ Ir~ .. '7 --. L ~ L~ II . UICA' no I- i~ :~ ~~ :z l .~w~~ n ~ ~ " G ;NtlED )lI-' -1 I $cM.E 1" '" 61lO' DWGJJAiE 12/1:31ll5 I'RO.!. NO. 51201 SHeET 1OF1 /,~ ~ ,~ , V -4 \ :;, r\\r C"O\l- ~.. Ill~ -D~ I ~ ~" LOT 6, AMENDED MAGIC VIEW SUBD. LOCATED IN THE NE 114 OF SECTION 17, T.3N.. R.1E., B.M. MERIDIAN, ADACOUNlY, IDAHO no: (' \..w\ N 1 VICIN ~GINEERlNG -SOLUTIONS UP \512D1.APR BKB VICINITY MAP ,:;0 E._S't1lEa'. SUI'I1;B EAGLE.1llAHCI ll3G16 -(:rIIIll-""'t=lI_1 ~RECEIVE^ Hearing Date: September 5, 2006 File No.: AP-06-001 o 8 2006 CITY OF MERIDIAN Project Name: Waverly Place Appeal ~C4\U(S\- ~0Y 0.0 Ayr.:eD-..\ Request: City Council Review (Appeal) of the Planning Director's determination that the submitted development applications for Waverly Place Subdivision are incomplete, by Vacation Village Villas, LLC. (~!TV r:1 FRy( 01=';::1(::-- Location: Northwest of Wells Street and Magic View Drive (2510 Magic View) in Section 17, Township 3 North, Range 1 East. " ::> JJ ~ ~ ~ ~ ~ os 1..."W."^..':;.-;" ;;: o c:: ~ z ::e m ~ m !: ;l:; OHARLANO STYLE XP~..:;:j-'.:.o>-a..,.." O-l-o / ^ ~~?< V J m:J: ........ I :em . 0 " \J 0 ~ m ~ ~ ~ 0 1 0 .f:f7 \?:. r {'\ s;: :JJ ~ en ~ LN ED' "'Q""~ Ii{t.. l"~;c;!~ g:~- 1 ,-,,,=,. 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Idaho Ave. {,'" Meridian, 10 83642 'C e""'eR ..,.:-1 i} 11,e TREASURE V ~ LU!-- Address PLICATION TAX 8 7 0 6 :;ceived TOTAL ~ :e OJ .wu:uvf ~oa 55748 RADIUS NOTICE REPORT FILE NAME: waver 08-Aug-2006 Owncrs Owncr Addrcss ADAMS LAURA M 457 S WOODRA VEN AVE MERIDIAN, ID 83642-3534 Propcrty Addrcss: waver BADER ERNIE J 624 S WOODRA VEN A VB BADER TANYA L tvIERIDIAN, ID 83642-0000 Propcrty Adllress: waver BELLISTON BRENT & 2502 AUTUMN WAY BELLISTON DIANE B MERIDIAN, ill 83642-6227 Property Address: waver BOYETTE HELEN L 2334 AUTUMN WAY MERIDIAN, ID 83642-6233 Property Address: waver CERESA MICHAEL & LISA MARVIER F AMIL PO BOX 3021 NOV ATO, CA 94948-0000 Property Address: waver CHRISTIAN JERRY D & 2425 AUTUMN WAY CHRISTIAN CHERRY A MERIDIAN, ill 83642-6225 Propeliy Address: waver DILUCCA MARY V 510 S WOODHAVEN AVE MERIDIAN, ID 83642-0000 Propeliy Address: waver DUNCAN DANIEL W 2325 E AUTUMN WAY MERIDIAN, ill 83642-6233 Property Address: waver EBERT WILLIAM R 2513 E AUTUMN WAY EBERT JANET R tvIERIDIAN, ill 83642-0000 PI"OIJetiy Address: waver 1