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Home My WebLink AboutStaff CommentsCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Sparrowhawk Subdivision Nos. 1 & 2 Development Agreement Modification – MI-07-003 Page 1 STAFF REPORT Hearing Date: 3/13/2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner (208) 884-5533 SUBJECT: Sparrowhawk Subdivision Development Agreement Modification  MI-07-003 Modification of the recorded Development Agreement to remove the requirement to obtain detailed Conditional Use Permit approval for all lots within Sparrowhawk Subdivision Nos. 1 & 2, by David Waldron 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The Applicant, David Waldron, has submitted a Miscellaneous Application (MI) requesting modification to the recorded Development Agreement for Sparrowhawk Subdivision Nos. 1 & 2, located in a C-G zone. The site is located on the northeast corner of Locust Grove Road and Franklin Road in Section 8, Township 3 North, Range 1 East, B.M. The subject Development Agreement was approved by City Council on November 13, 2001, and recorded December 21, 2001, as Instrument No. 101135901, records of Ada County, Idaho. The Applicant is proposing to amend Items 5 and 6.1 of the Development Agreement for this site (annexed as file AZ-00-024). The Applicant is proposing to amend the Development Agreement to remove the obligation for future uses on all lots within the Sparrowhawk development from obtaining detailed Conditional Use Permit approval. (See Applicant’s Submittal Letter, dated February 2, 2007) Below are the bolded sections of the existing Development Agreement that are applicable to the subject application. Item 5, “DEVELOPMENT IN CONDITIONAL USE”, for the subject Development Agreement states: “‘Owner’ / ‘Developer’ is required to submit to ‘City’ an application for conditional use permit, and shall be required to obtain the ‘City’s’ approval thereof, in accordance to the city’s Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the ‘Property.’” Item 6, “CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY” states: 6.A “‘Owner’ / ‘Developer’ shall develop the ‘Property’ in accordance with the following special conditions: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 6.1 The development and use of each lot in this subdivision will occur only through the Conditional Use Permit process.” 6.2 Due to the single-family use abutting Lot 1, Block 1, a minimum 25-foot wide planting strip, in accordance with City Ordinance 12-13, is required along the property lines abutting the residential lot and shall be a condition attached to this property…” Further, Item 4.1 on Page 4 of the recorded Development Agreement for this property states: CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Sparrowhawk Subdivision Nos. 1 & 2 Development Agreement Modification – MI-07-003 Page 2 “No change in the uses specified in this Agreement shall be allowed without modification of this Agreement.” 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 findings for a miscellaneous application/development agreement modification. Below, under History/Staff Analysis, Staff has provided the most pertinent facts and analysis related to the proposed development agreement modification. 2. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number MI-07- 003 as presented in the staff report for the hearing date of March 13, 2007. I further move to direct Legal Department Staff to prepare an amendment to the recorded Development Agreement for this site that reflects the changes to the subject Development Agreement. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number MI-07-003 as presented during the hearing of March 13, 2007, for the following reasons: (You should state specific reason(s) for the denial of the application and explain what the Applicant could do to gain your approval.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number MI-07- 003 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 3. LOCATION & SURROUNDING USES The subject development is located at the northeast corner of Locust Grove Road and Franklin Road in Section 8, Township 3 North, Range 1 East, B.M. The following uses surround the subject property: North – Industrial uses, zoned I-L South – Commercial, zoned C-G; Residential, zoned R1 (Ada County) East – Industrial uses, zoned I-L West – Commercial and residential uses, zoned C-G 4. OWNER OF RECORD David Waldron, managing member for Sparrowhawk, LLC, submitted the subject application for Sparrowhawk, LLC. 5. 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: February 19, 2007, and March 5, 2007 c. Radius notices mailed to properties within 300 feet on: February 16, 2007 d. Applicant posted notice on site by: March 3, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Sparrowhawk Subdivision Nos. 1 & 2 Development Agreement Modification – MI-07-003 Page 3 6. HISTORY/STAFF ANALYSIS In 2001, City Council approved a request for annexation and zoning of this site to C-G (AZ-00-024). Concurrent with the annexation and zoning, a 3-lot commercial subdivision, called Sparrowhawk Subdivision, application was processed. Said subdivision recorded in 2003. As part of the approval for annexation / zoning and preliminary plat, City Council required detailed CUP approval for all uses within the Sparrowhawk through a Development Agreement tied to annexation (AZ-00-024). This requirement allows the City to evaluate each phase of subdivision in order to ensure that the developers comply with the conditions of approval for the development, as well as design standards. In 2002, the City approved a request for a Planned Development (CUP-02-001). The Foothills Apartment Complex, a 54-unit multi-family residential development, was constructed on Lot 1, Block 1. CUP-02- 001 also included a request for conceptual approval for approximately 134,760 square feet of retail, warehouse, and office uses on Lots 2 and 3. Some of the conceptual uses that were proposed included: a convenience store, car wash, gymnastic center, bank, and restaurants. In addition to the approved commercial / office uses, CUP-02-001 established a specific set of architectural criteria for the buildings. These design standards include: High River Rock Wainscot shall be incorporated into the elevations of all buildings visible from the public right-of-way; the color of the stucco / drivit finish and roofing material shall be uniform throughout the development; and a pitched roof (minimum pitch of 6 / 12) shall be required for all office buildings, and pre-finished metal roofing material shall be visible on all buildings. Staff will ensure that the aforementioned standards are upheld with any future construction on-site. In 2004, City Council granted preliminary plat approval for an eleven buildable-lot subdivision on 15.8 acres, formerly Lots 2 & 3, of C-G zoned property (PP-03-043). This preliminary plat was called Sparrowhawk Subdivision No. 2. Concurrent with said application was a request to modify the previously approved conceptual Planned Development (CUP-03-066) to allow 43,070 square-feet of office space, 33,912 square-feet of commercial space, 6,000 square-feet of retail/service space, and 25,125 square-feet of self-storage space on said 11 building lots. While the Applicant does not have a detailed site plan for each lot, the Applicant has provided Staff with a copy of the elevations and an artist’s rendering for the building to be constructed Lot 8. Because there is not a plan for each building lot, Staff is unable to verify that the commercial and office buildings will be architecturally consistent with this structure, a principal reason for originally requiring detailed CUPs for this property. The Unified Development Code (UDC) does not have specific architectural provisions that could be addressed by Staff through a Certificate of Zoning Compliance. However, if the Applicant agrees to submit a Design Review application for the proposed buildings, which comply with UDC 11-3A-19 and are compatible with the construction style and quality on the neighboring properties, Staff believes that detailed CUPs for this development should not be required. Further, due to the proposed storage units being located on the northern most portion of this property, and there being UDC specific use standards that must be complied with for that specific use, Staff believes that storage units should be exempt from the City’s Design Review process. If the Council approves the proposed Development Agreement amendment as proposed by Staff, each lot within the Sparrowhawk development will only be required to submit a Certificate of Zoning Compliance (CZC) application and a Design Review (DR) application with 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. 7. RECOMMENDATION Staff recommends that an amendment to the recorded Development Agreement for this site (AZ-00-024) CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Sparrowhawk Subdivision Nos. 1 & 2 Development Agreement Modification – MI-07-003 Page 4 be approved, which amends the requirement for all lots within Sparrowhawk to obtain CUP approval for buildings/uses that would not otherwise be required to as determined by the City’s Unified Development Code. Staff recommends that the Mayor and City Council direct the Legal Department to draft an amendment to the subject development agreement as stated below. Staff recommends that Item 5 of the recorded Development Agreement for this site (Instrument No. 10135901) be deleted. Staff further recommends that Item 6.1 be amended as follows: “The development and use of each lot in this subdivision shall be governed under the City’s Unified Development Code. Except for the storage units on the north side of this property, all buildings shall be subject to administrative design review approval as set forth in UDC 11-3A- 19.” 7. EXHIBITS A. Vicinity Map B. Applicant’s Narrative C. Artist’s Rendering for the building proposed on Lot 8 D. Building Elevations for the building proposed on Lot 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Sparrowhawk Subdivision Nos. 1 & 2 Development Agreement Modification – MI-07-003 Exhibit A 7. Exhibits A. Vicinity Map N CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Sparrowhawk Subdivision Nos. 1 & 2 Development Agreement Modification – MI-07-003 Exhibit B B. Applicant’s Narrative CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Sparrowhawk Subdivision Nos. 1 & 2 Development Agreement Modification – MI-07-003 Exhibit C C. Artist’s Rendering for the building proposed on Lot 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Sparrowhawk Subdivision Nos. 1 & 2 Development Agreement Modification – MI-07-003 Exhibit D D. Artist’s Rendering for the building proposed on Lot 8