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Home My WebLink AboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 22, 2008 STAFF REPORT Hearing Date: July 22, 2008 TO: Mayor and City Council FROM: Bill Parsons, Associate Planner 208-884-5533 SUBJECT: Verona - MI-08-006 E IDIAN^-- Request to modify Sub-section 6, "Conditions Governing the Subject Property," item A3 of the recorded development agreement which requires CUP approval for any future church/office uses for Verona Subdivision, by Primeland Development Group 1. APPLICANT'S REQLIEST & STAFF ANALYSIS The applicant, Primeland Development Group, has submitted a Miscellaneous Application (MI) requesting modification to Sub-section 6, "Conditions Governing the Subject Property," item A3 of the recorded development agreement which requires CUP approval for any future church/office uses for the Verona Subdivision. This is the second request to amend the subject DA. The first application (File # MI- 07-013) was submitted and approved with the Verona Commercial project. The subject site is located on the east side of N.Ten Mile Road, north of W. McMillan Road and approximately 3/4 of a mile south of Chinden Boulevard in Section 26, T. 4N., R.1 W. When the Verona Planned Development was originally approved, the applicant did not have a clear vision for how the office sites would develop. With the approval of the AZ/PD for Verona Subdivision, the City Council approved six office lots within an R-4 zoning district. The applicant has since rezoned the six office lots to an L-0 (Limited Office) zoning district which reflects what was approved with the Verona Subdivision. However, because these office lots were conceptually approved, the original DA requires CUP approval prior to the development of the office lots. UDC 11-SB-3.D.2 and Idaho Code § 65-6711 A 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 approved by City Council on May 29, 2003, and recorded June 13, 2003, as Instrument No. 103097612, records of Ada County, Idaho. The Applicant is proposing to amend sub-section 6, item A3 "CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY" of the recorded Development Agreement for this site. 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 6, "CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY" states: 6.A "'Owner' / Developer' shall develop the 'Pro~ertv' in accordance with the,following special conclitions: 3. A Development Agreement shall be entered into between the "Owners" and "Developer" and the "Ciry" that will require, among other conditions, that al[ future office%hurcTz uses obtain a conditional use permit approval prior to development and pathway construction. Now, the applicant wishes to remove the CUP requirement from the original DA and add text that would allow all future development (6 office lots) to be constructed as principally permitted and conditional uses of the L-O zoning district. Furthermore, the applicant is also proposing additional DA provisions with the Verona MI-08-006 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 22, 2008 new addendum to the development agreement that limits the total amount of square footage, the number of buildings and the minimum and maximum building area of the future buildings. It is important to note the applicant has not submitted a concept plan for how the site is to develop; however a variety of photos have been submitted with this application to depict the appearance of future buildings on the site. Staff is adding an additional DA provision that requires future buildings on the site substantially comply with these photos. Staff is supportive of the applicant's request and has provided the language for the new DA provisions to be added to the amended DA. Staff recommends that the Legal Department add additional DA provisions to the amended Verona DA that includes the following provisions: Elevations shall substantially conform to the photos submitted with MI-08-006, as determined by the Planning Director. A minimum of 3 buildings with no one building exceeding 15,000 square feet shall be constructed on the office lots associated with the Verona Subdivision. The maximum allowable non-residential square footage for this development shall be 55,000 square feet. All future development (6 office lots) conform to the permitted and conditional uses and dimensional standards of the L-O zoning district. The City has sent out notices of the subject request in accordance with the current standards for public hearings (see Section 3, Process Facts, below for publication dates.) There are no required findings for a iniscellaneous application/development agreement modification. Herein, staff has provided the most pertinent facts and analysis related to the proposed development agreement modifications. 2. RECOMMENDATION: Staff reco~nmends that an amendment to the recorded Development Agreement for this site (instrument # 103097612) be approved, which modifies Sub-section 6, item A3 "CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY" of the recorded Development Agreement for this site. Staff further recorrunends 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 Sub-section 6, Item A3 of the recorded development agreement be amended and items A 4 through A6 be added as follows: 3. A Dev elopment AQreeme nt shall be entered into between the "Own ers" and " " and the "Ci tv" that will reauire. amonQ other condition s. s:,,. .,sa,,,,i„z,. ..z. „r..,, ,.,:,: ,,, :. ,~ i ~ r~ a~~~•~~ ~~' ~ ~~a patllwar construction. ~,. A minimum of 3 buildinQS with no one buildin,~ exceedin~l_5~000 square feet shall be constructed on the o~ce lots associated with the Verona Subdivision. The maximum evelonment shall be SS.000 sauare ~ Verona MI-08-006 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARWG DATE OF JULY 22, 2008 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number MI-08- 006 as presented in the staff report for the hearing date of July 22, 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-08-006 as presented during the hearing of July 22, 2008, for the following reasons: (You should state specific reason(s) for the denial of the application.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number MI-08- 006 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. PROCESS FACTS a. The subject application will, in fact, constitute a developrnent agreement modification as determined by City Ordinance. 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 30, 2008 and July 14, 2008 c. Radius notices mailed to properties within 300 feet on: June 27, 2008 d. Applicant posted notice on site by: July 12, 2008 e. Section 4.2 of the recorded Development Agreement for Verona currently states: "No change in the uses specified in this Agreement shall be allowed without modification of this Agreement." 5. LOCATION & SURROUNDING USES The Verona Commercial Project is located at the northeast corner of W. McMillan Road and N. Ten Mile in Section 26, T.4N., R.1 W. a. Adjacent Land Use and Zoning for Verona Commercial 1. North: Lochsa Falls No.9; zoned R-4 2. East: Fulfer Subdivision; zoned R-4 and R-8 3. South: Bridgetower Marketplace and Single family residential (Bridgetower Crossing No. 7); zoned C-G and R-4 4. West: Vacant, Volterra Subdivision; zoned GG, L-O and R-4 6. EXHIBITS: A. Vicinity Map B. Photos Verona MI-0&006 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 22, 2008 ~xhibit A - V~c~n~tv Ma BAINBRIDGE RUT ~ ', ~ JUSTIN MARTIN R-g PARK HEROES ff W - i ~i . - Q // ~' ' % ~ ILOCHSA FALi ~__ Q - ~ ~ i . LOCHSA FALLS LTq pR nai u~t urt ~ I : - -." __; , - , ` ~l ~_ W RAVENNA $~" ~ FULFER NO ~` I -- ~ ~ w% ~ ~ ~~_i_1_1- W p Q , --. ~ ~ 0 '~ ~ I F-J-~ ` W ' i '~ Z' N _~_ VERONA NOI01 Q --~- ~- ' W', ' i _ R-4 ~ - ; Q - - ; - - a z z -Z _!-~~_ .~__^ v ~ a , VOLTERRA NORTH_~'I ~ F~ ~~T W MCMILLAN RD C .s= .... .. ...... . ~nrnccr i ' ~/ SELWAYAPARTMENTS _ ~ R-4 1 ~ V G-N0-07 ~ I-T~ CA R-4 L-O BRIDGETOWER-C RUT DRAWBRIDG 1\'lr ~ ' , _' !BRIDGEI - - ~ERCIAL i I 1'ORANA D~R , ' -- ~`'~~ 4 ; ~--'~ ~ ~-I,' - ~ i ~ ~; ~ ~~ ~~ ~ ETOWER CROSSING NO 05 +I~ ` ~ l ~~~~- ~ ' ~r ~ ~ ~ ~ - j % '~ ~ J~ J 3 NC 1 1 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 22, 2008 Exhibit B - Photos Exhibit B - 1 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 22, 2008 Exhibit B - 2 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 22, 2008 Exhibit B - 3 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 22, 2008 Exhibit B - 4 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 22, 2008 Building #11 ~.~. , . ~~ ~ , ~ ~ ~~ ~ ~ ~ ~` ~ ~ ~k~--~~,: ;~. ~. ., Exhibit B - 5 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 22, 2008 Exhibit B - 6 -