HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNQVG DEPARTMENT STAFF REPORT FOR THE HEARING DA~~~~1~J`~ ~~~ ~
JUN 1 ~ 200~
STAFF REPORT Hearing Date: June 24, 2008
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: Sommersby
City Of Merid~ian
City Clerk Of~ce
E~ IDIAN~
I.t~AHO
• MI-08-005
Modification of the recorded Development Agreernent to allow the
construction of four eight-plexes prior to the reconstruction of the Pine/Ten
Mile Intersection.
1. APPLICANT'S REQUEST AND STAFF ANALYSIS
The Applicant, Liberty Partners, Inc., has submitted a Miscellaneous Application (Mn requesting
modification to the recorded Development Agreement for Sommersby Subdivision, located in an L-O and
R-15 zoning district. The subject site is located on the northeast corner of W. Pine Avenue and N. Ten
Mile Road in Section 11, Township 3 North, Range 1 West, B.M.
In 2000, the subject site was annexed and zoned; preliminary platted and granted CUP approval for Valeri
Heights Subdivision. Due to a number of factors, the prior Valeri Heights project was never constructed
and the former preliminary plat expired (the CUP rernained valid since it preceded the expiration clause
added to Title 11 in 2002). In 2004, the City Council approved another (new) Preliminary Plat (PP-04-
035), Conditional Use Permit (CUP-04-040) and Development Agreement modification (MI-04-O11) for
Sommersby Subdivision. The project has since been developing out.
UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property
owner to enter into a Development Agreement (DA) with the City that rnay require some written
commitment for all future uses. The subject Development Agreement was approved by City Council on
November 15, 2005, and recorded December 5, 2005, as Instrument No. 105184653, records of Ada
County, Idaho. The Applicant is proposing to amend sub-section 5, item 5.8 "CONDITIONS
GOVERNING DEVELOPMENT OF SUBJECT PROPERTY" of the recorded Development Agreement
for this site (file # MI-OS-004).
This is the second request to amend the subject DA.The first appTication (File # MI-04-011) was
submitted and approved with the Sommersby plat and CUP applications; however the applicant chose not
to proceed with signature and execution of that DA because of the condition restricting Certificates of
Occupancy for a maximum of 41 dwelling units (9 townhomes and 8 four-plexes) until capacity
improvements were made to N. Ten Mile and Pine Avenue slated for 2007.
Below in bold, is the section of the existing Development Agreement that is applicable to the subject
application, which the applicant is proposing to amend.
Sub-section 5, "CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY" states:
S.A "`Owner' / Developer' shall develop the `Property' in accordance with the following special
conditions.•
Sommersby Subdivision Development Agreement Modification - MI-08-005 Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JiJNE 24, 2008
5.8 The eight 8 office bui[dings located on Lots 33 through 40 and the four 4 eight plex
buildings located on Lots 43 through SO shal[ not receive a Certificate of Zoning
Compliance until the North Ten Mile Road Widening project and the Ten Mi[e Pine
Avenue intersection projects are complete and operational. The term Certificate of
Zoning Compliance is used herein as defined in the Zoning Ordinance of the City of
Meridian Idaho.
The Applicant is now proposing to amend the Development Agreement to allow for the construction of
the four eight-plexes prior to widening of Ten Mi1e and the construction of the Pine/Ten Mile
Intersection. The eight office buildings will remain subject to the DA provision until the widening project
and intersection improvements are completed. The applicant's justification for the modification is that
when the first DA amendment was approved in 2005 the Pine/Ten Mile Intersection was scheduled for
completion in 2007. Since then, ACHD has re-prioritized the five-year work plan (2009-2013) and the
new proposed completion year for widening Ten Mile Road from Franklin Road to Cherry Lane and
improving the intersections at Ten Mile/Franklin and Ten Mile/Pine is 2010. Therefore, the applicant
believes it has created an undue hardship to the future development of the property. In addition, the
market demand for one bedroom apartments is on the rise and only the 8-plex buildings provide one
bedroom units. (Applicant's narrative is attached in Exhibit B)
Staff has reviewed the ACHD five year work plan (2009-2013) and has confurned the widening of Ten
Mile and the improvements to the Pine/Ten Mile intersection is scheduled for 2010. Furthermore, ACHD
is in the process of completing the interim changes (temporary signal and left turn lanes) to the
Franklin/Ten Mile intersection scheduled for completion mid-July. One of the main concerns regarding
this project in 2004 was the traffic that would be contributing to the already congested Pine/Ten Mile
intersection. Currently, ACHD has added two left turn lanes: one from Ten Mile to Pine and the other
from Pine to Ten Mile to help alleviate congestion at that intersection. Staff has also contacted ACHD for
traffic count information and was informed the last traffic count (conducted in 200~ for Pine Avenue,
east of Ten Mile, generated approximately 4,132 trips and is currently operating at an acceptable level of
service according to AC~ID. Further, Staff believes that the traffic generated by the construction of the
subject 8-plexes will have a xninimal negative impact on the traffic in this area. Therefore, staff is
supportive of the applicant's request. However, the subject lots proposed for the future 8-plex
buildings have not been final platted. Staff is recommending an additional provision be added to
the DA for this property that requires a final plat be recorded prior to occupancy of the first 8-plex
building.
The City has sent out notices of the subject request in accordance with the current standards for
public hearings (see Section 4, Process Facts, below for publication dates.) There are no required
findings for a development agreement modification. Above, staff has provided the most pertinent
facts and analysis related to the.proposed development agreement modifications.
2. RECOMMENDATION
Staff recommends that an amendment to the recorded Developrnent Agreement for this site (instrument #
105184653) be approved, which modifies Sub-section 5, condition 5.8 to allow the construction of the
four 8-plexes prior to the construction of the North Ten Mile Road widening and the Ten Mile/ Pine
Avenue intersection projects. Staff further recommends that the Mayor and City Council direct the Legal
Department to draft an amendment to the subj ect development agreement as stated below.
Sommersby Subdivision Development Agreement Modification - MI-08-005 Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NNE 24, 2008
Staff recommends that Subsection 5, Item 5.8 of the recorded development agreement be amended
and item 5.9 be added as follows:
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number MI-08-
005 as presented in the staff report for the hearing date of June 24, 2008. 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-08-005
as presented during the hearing of June 24, 2008, 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 testunony, I move to continue File Number MI-08-
005 to the hearing date of (insert continued hearing date here) for the following reason(s): (You
should state specific reason(s) for continuance.)
4. LOCATION & SURROUNDING USES
The subject development is located at the northeast corner of W. Pine Avenue and N. Ten Mile Road in
Section 11, Township 3 North, Range 1 West, B.M.
The following uses surround the subject property:
North - Sommersby Subdivision No. 1, zoned R-15
South - Courtyards at Ten Mile, zoned C-N
East - Sommersby Subdivision No. 2, zoned R-15
West - Moshers Farm, zoned R-8
5. PROCESS FACTS
a. The subject application will, in fact, constitute a development agreement modification. By reason of
the provisions of the Meridian City Code Title 11, a public hearing is required before the City
Council on this matter.
b. Newspaper notifications published on: June 2, 2008 and June 16, 2008
c. Radiizs notices mailed to properties within 300 feet on: May 30, 2008
d. Applicant posted notice on site by: June 14, 2008
6. EXHIBITS
Sommersby Subdivision Development Agreement Modification - MI-08-005 Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 24, 2008
A. Vicinity Map
B. Applicant's Narrative
Sommersby Subdivision Development Agreement Modification - MI-08-005 Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 24, 2008
6. Exhibits
A. Vicinity Map
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Sommersby Subdivision Development Agreement Modification - MI-.08-005 Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 24, 2008
B. Applicant's Narrative
~~'' ;`'''r
PROJEGT NARRA'I'IVE
SOMIVIERSBY SUBDIVISTON
DEVELOPIVIENT AGREEMENT-MODIF'ICATION
Liberty Partners, Inc:, owner of the property whick is the subject.of ttus applicarion, hereby applies
for a development agreement modifica6on to allow the construction of four eight-plex units, to be
known as Sommersby Subciivision No. 3. The original development agieement was crafted to
reflect the condition that the Ten Mil'e/Pine Avenue intersection would need to be complete prior to
platting of fhe office lots and the remaining mWti-family units: ~Vhen the development agreement
was modified in 2005, the schedule for completion of the intersection was the year 2007.
Gonsttucfion was initialized in 20;08, but ACHD pulled owt of the project when City of Meridian
projects in the five-year work plan were re-prioritized. The new pcoposed completion yeaz is 2010,
cceafing an undue hardship for the applicant
Many of the reguests being received by the applicant are for one-bedroom apartrnents. The only
orie-bed?oom apartments are in the eight-plex floor plans. The land is zoned R-15 and was
approved as a planned developineriE iutder the conditional use pemut process to allow for reduced
minimum lot sizes,, par_king spaces; sefbacks; reduced or no lot frontage and increased lot coverage.
Lots are accessed throi-gh an intemal access easement.
The applicant:agrees to. leave the remaining L-Q property unplatted until such tirrie as the
intersection is completed by ACfID i.n 2UlU.
We ask for tlie following revision to ihe previous developmerit agreement amendm.ent;
5.8 The eight (8) office buildings located om Lots 33 through 40 ~
[`~~_~` ,.~.+ .~.i~e ~-i...:~ta:...,....r,.,..,.°a ,.., r~~,..., n~ .~,~~....ti~. c^ sh3~1~ llot TeceiVe a
Certificaie of Zoning Compliance until the North Ten Mile Road widening project
and tlie Ten Mile'Pine Avenue intersection projects are complefe and operational
The term "CertiScate of Zoning Compliance" is used herein. as defined in the
Zoning Ordinance of the City of Ivleridian, ldalro.
The property was annexed in 2UUU under Ordinance No.63,3 and app"roved as a planned
development called Valerie Heights. The developmen"t agreement (Instrument No. 100103906)
has been modif ed to reflect currenf condifions. Tfie amendment to the development agreemen.t,
approved,by the Meridian'City Council orr 11/15/63, was xecorded in the Ada County Recorder'"s
Office as Instrument No: 105'184653 on 12/05/O5.
Sommersby Subdivision Development Agreement Modification - MI-08-005 Page 1
�E IDIAN,
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Joe Borton
Charles Rountree
JUN 0 3 2008
GI Ty Ot- MERIDIAN
CITY
TRANSMITTALS TO AGENCIES FOR COM EI TS ODFFlCE
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by
the Meridian City Council please submit your
Ve
ommendations to Meridian City Hall
Attn: Jay tJune 17, 2008
TransmittaMay 28, 2008
Hearing Date: June 24, 2008 File No.: MI 08-005
Request: Public HearingWiscellandous
to al_ low th}r the four eiah,
Intersection for Sommersby Subdivision
n
By. Liberty Partners, Inc.
LorAtinn of
lication to amend the existing Development
David Zaremba
-------------------
reem ent
or to the construction of the PinPiT,, , him-
--- NUILy vi r-roject: NtG of W. Pine Avenue and Ten Mile Road
Joe Marshall (No FP)
David Moe (No FP)
Wendy Newton-Huckabay (No FP)
Michael Rohm (No FP)
Tom O'Brien (No FP)
Tammy de Weerd, Mayor
Charlie Rountree, C/C
Joe Borton, C/C
Keith Bird, C/C
David Zaremba C/C
Water Department
Sewer Department
Sanitary Services (No VAR, VAC, FP)
Building Department / Rich Greene
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Economic Dev. (CUP only)
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Office (FP/PP/SHP only)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Irrig. District
Settlers Irrig, District
Idaho Power Co. (FP,PP,CUP/SHP only)
Qwest (FP/PP/SHP only)
Intermountain Gas (FP/PP/SHP only)
Bureau of Reclamation (FP/PP/SHP only)
Idaho Transportation Dept. (No FP)
Ada County Ass. Land Records
Downtown Projects:
Meridian Development Corp.
Historical Preservation Comm.
South of RR / SW Meridian:
NW Pipeline
New York Irrigation Di4alc
Boise-Kuna Irrigation District
City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642
Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org