Loading...
HomeMy WebLinkAboutApplication '" ~ CITY HALL MAYOR Tamm de Weerd Y ~ ~ (208) 888-4433 ~ Fax 887813 CITY OF .;~;. _ ~. ,~ PUBLIC WORKS CITY COUNCIL MEMBERS "" ~~ BUILDING DEPARTMENT Keith Bird /~, ~~~~~~ ~ ~ (208) 887-2211 ~ Fax 898-9551 Christine Donnell Sh W dl v lU~~n Y ~ LEGAL DEPARTMENT aun ar e Ch l M R ~, ~ (208) 466-9272 ~ FAX 466-4405 ar es . ountree LFC ~'ET v q #r Tru:nsunr= V N~ a~xcr 1903 MEMORANDUM: November 9, 2004 To: Mayor and City Council RE C E I~TE D From: Sonya Allen, Assistant City Planner ~~ N~~ ~ ~ 2004 City Of IVleridian Subject: Resolution Subdivision No. 1 City Clerk Office Request for Miscellaneous Application to Amend the Previously Approved Development Agreement for Lot 1, Block 3, Parcel B, of Resolution Subdivision No. 1, by Lombard-Conrad Architects (File No. MI-04-014) Staff has reviewed the above referenced submittal and offers the following comments. APPLICATION SUNIMARY & LOCATION The applicant, Lombard-Conrad Architects, has submitted a Miscellaneous Application (MI) requesting to amend the approved Development Agreement (Instrument #100056508) for Lot 1, Block 3, Parcel B, of Resolution Subdivision No. 1. The applicant is proposing to eliminate the requirement that a Conditional Use Permit (CUP) be obtained for all uses and development of the property and only require a CUP for those uses which are listed as conditionally allowed by the schedule of use control (MCC 11-8-1). While the application references a "Parcel B," staff has no record that a division of the property has been approved by the City Engineer or recorded. Therefore, at this time, no new structure besides the existing Idaho Central Credit Union maybe constructed on this lot. In June, 2000, a Conditional Use Permit (CUP-00-017) was approved for this subdivision which required all future phases of the project to submit separate CUPs for each phase that substantially comply with the final approved concept plan approved for this development. MI-04-014 Page 1 The subject property is located on the southeast corner of S. Millenium Way and E. Overland Road in T.3N., R.IE., Section 20. Staff recommends denial of the applicant's request to amend the Development Agreement for the subject parcel with the comments stated in this report. OWNER OF RECORD The owner of record for the subject property is Idaho Central Credit Union. Chris Hyer, an authorized representative for the Credit Union, has submitted notarized consent for the subject application. STAFF ANALYSIS In addition to being subject to the Development Agreement for RZ-00-003, this property was part of the conceptual Conditional Use Permit (CUP) for a Planned Development (PD) proposal in 2000 (CUP-00-017). In 2000, G.L Voigt applied to rezone 37.6 acres from R-4 to L-O (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). CUP-00-017 included multiple parcels, with a wide range of uses including office, retail, multi-family residential, a day care, a seminary and an ice arena. Also submitted with the above-listed 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). Because the approval of CUP-00-017 was conceptual in nature, the City required, through a Development Agreement tied to the rezone (RZ-00-003), detailed CUP approval for all uses in the development. The condition to obtain detailed CUP approval when conceptual approval has been granted is a standard requirement of the City. This requirement allows the City to evaluate each phase to ensure that developers comply with the approved uses of the conceptual CUP as well as design standards. The reason staff does not support this amendment request is that this lot is located on a principle arterial and at the entrance to the subdivision. The property should go through a detailed Conditional Use Permit to allow the City to review building elevations, design, construction materials, and other compatibility issues with existing development within Resolution Subdivision. A Miscellaneous application was previously approved for Valencia Subdivision to the south of this lot that granted removal of the CUP requirement; however, this lot was internal to the subdivision and has less direct visibility from E. Overland Road. If the Council approves the proposed Development Agreement amendment, any new building on the subject property will still be required to submit a Resubdivision application to divide the MI-04-014 Page 2 lot and a Certificate of Zoning Compliance (CZC) application prior to construction of any building. STAFF RECONIlVIENDATION Staff recommends denial of this application based on the reasons stated above. Please note that if the Council chooses to approve this application, there would be no conditions of approval. It is solely a request to remove a condition from the development agreement. MI-04-014 Page 3 '~'~~"~ LEGAL DEPARTMENT MAYOR 1~ ~~~~ `' (208) 466-9272 • FAX 466-4405 Tammy de Weerd CITY OF ~~ ~:~~ /~ F /J PARKS & RECREATION ~~. V Yl G~1 GL 1 L _~^` (20g> 888-3579 • Fax 898-5501 CITY COUNCIL MEMBERS ~~ ~' PUBLIC WORKS Shaun Wardle A IDAHO -j (208) 898-5500 • Fax 887-1297 William L. M. Nary tiF 1L~; BUILDING DEPARTMENT Charles M. Rountree Ce^'TeR• v ~ (208) 887-2211 • Fax 887-1297 ~~ TREASURE V ~~ Keith Bird SINCE PLANNING & ZONING i 1903 (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DE1/ELOPMENT PROJECT WITH THE CITY OF MERIDIAN To insure that your comments and recommends#ions mill be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hali Attn: Will Berg, City Clertc, by: November 2, 2~®4 Transmittal Date: October 27, 2004 Hearing Date: November 9, 2004 File No.: MI l?4-094 Request: Amend the Development Agreement #or Lot 1, Block 3, Parcel B of Resolution Sut>divisiion No. 4 By: Lombard Conrad Architects Location of Property or Project: southeast comer of East Overland Road and youth Millenium Way David Zaremba, P/Z ~„~~ Meridian School District ~FPI David Moe, P/Z ~~ Meridian Post Qtfice ~~,~~ Wendy Newton-Huckabay, P/Z ImoFP~ Ada County Highway District Michael Rohm, P/Z ~~ Ada County Development Services Keith Bonap, P/Z rAw~ Central District Health Tammy de Weerd, Mayor Nampa Meridian Irrig. District Charlie Rountree, C/C Settlers Irrigation District Christine Donnell, C/C Idaho Power Co. ~rmP o„ryl Keith Bird, C/C Qwest ~FP~PP~~r~ Shaun Wardle, C/C Interrnountain GaS(FP~PPonN) Water Department Bureau of Reclamation rFpiPPOn~rl Sewer Department Idaho Transportation Department INoFP~ Sanitary Service nvn vna, yac, r-~ Ada County Assess. Land Records Building Department Meridian Development Corporation Fire Department Historical F~reservation Commission Police Department City Attorney Your Concise Remarks: City Engineer Gity Planner Parks Department 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 ~ (208) 888-4433 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813 Sep 08 04 04:32p ,. ~ -- ~~..a rnn `u°''4ga~ LOMBARD CONRAD CITY OF MERIDIAN Planning & Zortiztg Department 660 E. Watertow~r Ln., Ste. 202, Meridian, iD 83642 (208} $84-5533 Phone / (208) 888-6854 Fax MIS- CELLANEOUS APPLIt A ION 1002 APPLICANT: [,. HONE: _~~•r/~i~ `I `~ ADDRESS: 1/.t/G ~y~ ~ F~a;s~ ~'`~ ----=FAX: ~~-~~~ ~ s3~Z ~' OWNER: ~~ Gl.~'10 ~Q/11.~1((x-I ~~" ~ t~" UY~ ~ O'lr1 _ PHONE: L -~ .._ -~-~__,~v;3 -CIE ADDRESS: ~ Cj U • ~ C, - !~ FAx: (~ a ~- 3 ~~~{ ~, -~E GENERAL LOCATION: . t, .a~'c LEGAL DESCRIPTION OF PROPERTY; ~ L ~ v Sv~ct i vg's ion ~Q. ~ PROOF OF OWNERSHIP OR V__AL,ID OPTION: A copy of your property deed or option agreement must be attached. Notarized consent from titled owner- ofproperty, (Lf owner is a corporarion, provide a copy of the Articles of Incorporation or other evidenoe to show that the person signing is an authorized representative). See attached A~davit ofLegal Interest PRESENT ZONE CLASSIFICATION: _ ~ - VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, existing streets, easements, and such other items as the City may require (35 copies), SURROUNDING PROPERTY OWNERS: A list of the maiiifrg addresses of al! property owners within three hundred feet (300') of the external boundaries of the land being considered. This list must be obtained from the City of Meridian Planning &. Zoning Department. Please request list seven (7) days prior to submitting application. Tee: $225.00 I hereby certify that the information contained herein is true and correct. I also certify that 1 will post the property ten (10) days re each p lic hearing. SIGNATURE:- ,~// t~~i t t .., i _ Rev. 4/29/03 p.2 Lombard=Conrad Architects, P.A. September 22, 2004 City Council City of Meridian Planning & Zoning Department 660 E. Watertower Ln. Suite 202 Meridian, ID 83642 Re: APPLICATION REQUESTING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR LOT 1, BLOCK 3, PARCEL B OF RESOLUTION SUBDIVISION N0.1 LCA N0.04023.01 File Code: 4-d Dear: Council Members, Please find attached a miscellaneous application requesting an amendment to the Development Agreement for the Resolution No. 1 Subdivision. Our application is specifically for Lot 1, Block 3, Parcel B of Resolution Subdivision No. 1 and is enumerated as follows: 1. A request to amend Section 4.1 of the Development Agreement, in so far as it affects the above mentioned property only, by deleting there from the sentence reading "With the further restriction that all uses development of the subject real property shall be governed under the conditional use permit process as a planned development." 2. The purpose and intent of this requested amendment is to eliminate the requirement that a conditional use permit be obtained for all uses and development of the property, it being the further intent of the parties that conditional use permits be required only for those uses and developments of the property for which conditional use permits are required pursuant to the provisions of the City's Zoning and Development Ordinance Codified of Titles 11 and 12, Meridian City 1221 Shoreline Ln Code. Boise, ID 83702 208.345.6677 fax.208.344.9002 Ica~lcarch.com www.lcarch.com ,, • ~~ ~~m~,eb.~~~~ September 21, 2004 City Council City of Meridian Page 2 3. Except as specifically set forth herein above, the Development Agreement shall remain in full force and effect without change. 4. Nothing contained herein shall be constructed to amend or modify any provision of the Master Declaration of Covenants, Conditions, Restrictions and Easements for Resolution Subdivision recorded on August 16, 2002, as Instrument No. 102092801, records of Ada County, Idaho, including but not limited to the provisions of Article V thereof entitles "Permitted Uses and Performance Standards". 5. This Amendment shall be recorded by the City at their expense of, and once recorded, a copy hereof shall be provided to Lombard-Conrad Architects. By: By: CITY OF MERIDIAN By: TAMMY DE WEERD, Mayor Attest By: WILLIAM G. BERG, JR., City Clerk Lombard-Conrad Architects 1221 Shoreline Lane, Boise, Idaho 83702 ph: 208.345.6677 fx: 208.344.9002 • City Council City of Meridian Page 3 STATE OF IDAHO ) ss. County of Ada ) September 21, 2004 On this day of 2004 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at ,Idaho My Commission Expires: On this day of 2004 IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year first above written. STATE OF IDAHO ) . ss. County of Ada ) Notary Public for Idaho Residing at ,Idaho My Commission Expires: Lombard-Conrad Architects 1221 Shoreline Lane, Boise, Idaho 83702 ph: 208.345.6677 fx: 208.344.9002 `,~ ~ ~~ ~oM,oN~camnd September 21 2004 City Council City of Meridian Page 4 Again, it is our request that this amendment apply only to the property listed above. It is not our intent to imply that this in anyway would nullify any overriding covenants, restrictions, or easements. For your convenience, I have included a copy of the original Development agreement, highlighting the specific section pertained in the request. I look forward to working with you. Sincerely, LOMBARD-CONRAD ARCHITECTS Lombard-Conrad Architects 1221 Shoreline Lane, Boise, Idaho 83702 ph: 208.345.6677 fx: 208.344.9002 04023-01 L01 091704SBjg J r m ~~ O ~- O --_- ss ____-_• ~ -__.__.____ _.11-___ i ,I, Ex~, r i ~I ]r~: ~ ~~ I~ 4~ ~~' i m n -i 1, ~ ~ i r*~ ~ ~ n ~ a I~ o o ~~ I' I! ii ~ I~ v ~ ~ r ~~~ `: ~ , ;: i I ~ ~, ~ _._. _ .... ~. _ y 1 r ~ ._ i '~ I~ ~_ A ~u_ 4 ~I ~II'I ~! ~~ i I it,~ ~~ ~ ~, ;~\ ~i i .~j ~~ I ~~' ~I ~~ Lombard-Conrad Architects, P.A. ~ °~ °~°"'~' ADA WEST DERMATOLOGY - ~ ~ - ~DR. eB~URR ,~~rv~,«rrvRE a~rv,~ ~rvcER~oR or~~~rv 1 , iz.~ sno~ea~e ~. p~ ~f~VTJ rvc. (^.061 ]<5-55 ]? . Fu-..~^,GB) Jan_go0? d .xwi~.rn,»......,..••i«.u..~a .13" - -~ :~` -. y.~ ~-~~ t ~I~lill,ii Y~ ~ , I i7, fii.' 4 ~~~~ S. ~ f v s \ ~,~, ~ I I! I I I _~ _- ~~ 1 ~__.l_ ~~ 11_1_ ~ =' -~'' ~ _------- -1 ,_,,_ ~, '%~ ~ 7 -,- - ~ - - __~ \ \, 1, I II i. it ; ~ _ ~ ~ ~ ~~ - ~ ~i~ ~ ~ - - ---- ~ ~ ., h f 1~~ ~ / 1 ~ ~_ ~ ~- _ i - Tom. = ~_ ~ .i ~_ ~A T _f .~."' -.. 1i~'a ~- __~~ _'~~~ _ 1~~~' ~ 10/12/04 14:31 FAX 2083449002 LOMBARD CONRAD ~El~TRAL - CREDIT UNIC)~J October 7, 2004 City of Meridian 660 E. Watertower Lane Suite 150 Meridian, ID 83642 To Whom It May Concern: r r % zoo4 ~~~ ~~ I~ 002 _ ~:~~ni~itinniwe Ulliu~ ~~~~ 13;~x 2n~~. r1JFi} 239 3Cpf~ This letter is in regazd to your question as to whether or not Chris Hyer is authorized to sign and act on behalf of the credit union for the property on Overland Road in Meridian. Chris Hyer is the CEO and President of Idaho Central Credit Union and is authorized to act on behalf of the credit union for this transaction as well as any others regarding the operations of the credit union. Sincerely, ~~ ~~~- Troy Neu Chairman of the Board of Directors Sep 08 04 04: 33p -_~[ ~ __.. ..... avu V4Y?7 ~/_ L011IBARD CONRAD • A~YDA~'IT OF LEGAL INTEREST STATE OF IDAgU ) CQTII\'TY OF ADA ) (addr ss) • being first duly sworn upon (city) ~ U - , --~-L~ __oath, depose and say: (state) That 1 am the record owner of the property described on the attacved, and I grant my permission to: 003 p.3 Gam( ~' ~ ~~ 1 2 .~ ~xi~ f ~- . ~'~ name) (address) to submit the accompanying application pertaining to that property, 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from auy dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. . Dated this •, day of ~ r' 2 ~. '~ .~~... (Si 'Clue) -_- SUBSCRIBED AND SWORN to before me the day and year first above written. ~~,ICHE!(t , ~` ~ ` •,~ ~ Notary Public Idab ,p ~ Residing at ~~1© ~e s~9. ~' ~ G My Caxnmission Expires: ~ Of~ ~OF 10~ NO ~ - ,Rev. 4/29/D.i 10/01/04 14:13 FAX 2083449002 LOMBARD CON. Sep 30 04 lO:S7a ~ 003 p.2 AFTER RECORDING MAIL TO: Idaho Central Credit Union P.O. Box 2469 Pocatello, ID 63206 ADA COUNTY RECORDS J. DAVi4 NAYARRO 2 BOISE IgAH01211Y1g3 84:2T PM DEPUTY Kalhy Ingraham RECORDED-AE4UESTOF 'I~ j"IIf~~'~~~~'~'I~~Iff~~l~~~l~~~f~ Flral American 11 I I 1 1 I Ii 1 I AMOUNT 6.ao 1e32e4g06 WARRANTY DEED File No, : 4101-248314 (NR) Date: De~embar 09, 2003 For Value ftecelved, Resolution Business Park, LLC, hereinafter referred to as Grantor, does hereby grant, bargain, sell and convey unto Idaho Central Credit Union, hereinafter referred to as Grantee, whose current address is P.O. Box 2459, Poeat®Ilo, ID 83206, the (vNowing described premises, situated In Ada County, Idaho, to wit: Lot 1 in Bieck 3 of RE50LUTtON SUBDIVISION NO, i, according to the ofTidal plat thereof, filed in Book 82 of Plats at Page(s) 9041 and 9042, Official Records of Ada County, Idaho. APN:R7406020110 TO HAVE AND TO BOLD the said premises, with their appurtenances, unto said Grantee, and -to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances exotpt current years Coxes, levies, and assessments, and except U,S, Patent reservations, restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant and defend the same from ail claims whatsoever, Resolution Business Paric, LLC By: Ga oigt, Mana ' g Member 10/01/04 14:13 FAX 2083449002 LObIBARD CONRAD Sip 3Q 04 1O:57a :7 C~j 004 p.3 b_ The Board of Directors shal I employ a president who shad conduct the general operations of the Credit Union under the contra) snd direction of the Hoard of Directors. The President shall not be a member of the Board of Directors. The Board of Directors may authorize the President under the direction of the Trensurer to perform any of the duties required of the Treasurer, including the signing of chetks. The President may he compensated.