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HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF AUGUST 12, 2008 STAFF REPORT E IDIAN~-- HEARING DATE: August 12, 2008 I D A H O TO: Mayor & City Council FROM: Jenny Veatch, Assistant City Planner (208) 884-5533 SUBJECT: Paramount Uses • MDA-08-001 Request to amend the recorded Development Agreement for Paramount Subdivision 1. SUMMARY DESCRIPTION OF REQUEST The Applicant, Brighton Corporation, has submitted a Modification to a Development Agreement Application (MDA) requesting an amendment to the recorded Development Agreement (DA) for Paramount Subdivision. The subject DA was recorded as Instrument No. 103137116, and was approved with the Paramount Annexation (AZ-03-006), Preliminary Plat (PP-03-004) and Conditional Use Permit (CUP-03-008) in 2003. This DA amendment proposes to specifically identify and include a church in the uses allowed in the Village Center Office/Retail portion (Lot 2, Block 40) of the Paramount concept plan. In addition to churches, the amendment, if approved, would allow all other uses specified in the text amendment to the DA to be permitted in the L-O district (Lots 2 and 3, Block 40) and operate. in the Village Center Office/Retail portion of the development. Staff has analyzed the applicant's requested uses for this area and has proposed some changes to the applicant's proposed DA language. Paramount Subdivision is located near the northwest corner of N. Meridian Road and W. McMillan Road. Lots 2 and 3, Block 40, Paramount Subdivision, are located along the east boundary of the subdivision. 2. SUMMARY RECOMMENDATION The City Council has final decision making authority on MDA applications. Staff is recommending approval of the subject application (MDA-08-001) for a Modification to a Development Agreement to include a church as an allowed, specific use on Lot 2, Block 40. However, staff does not support the proposed wording to the amendment to include conditional, and some prohibited, uses from the UDC to be permitted, as the applicant has proposed, on Lots 2 and 3, Block 40 for the reasons listed herein. (See Analysis, Section 8, of this report, for more details.) 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number MDA- 08-001, as presented in Staff Report for the hearing date of August 12, 2008, with the following changes: (insert any changes here). I further move to direct Legal Department Staff to prepare an amendment to the recorded Development Agreement for this site that reflects the subject changes noted in Section 8 below. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number MDA-08- 001. (You should state why you are denying the request.) MDA-08-001 Paramount Uses DA Modification.doc CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF AUGUST 12, 2008 Continuance I move to continue File Number MDA-08-001, to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Paramount Subdivision is located on the west side of N. Meridian Road, north of W. McMillan Road; Lots 2 and 3, Block 40, are located along the east boundary of the subdivision. Southeast'/ of Section 25, Township 4 North, Range 1 West b. Owner: Paramount Development, Inc. 12601 W. Explorer Drive, #200 Boise, ID 83713 c. Applicant: Brighton Corporation 12601 W. Explorer Drive, #200 Boise, ID 83713 d. Representative: Michael D. Wardle e. Present Zoning: L-O (Limited Office District) £ Present Comprehensive Plan Designation: L-O (Limited Office District) g. Description of Applicant's Request: The Applicant is requesting to amend the existing Development Agreement for Paramount Subdivision to specifically include a church, and other specified uses as permitted uses in the L-O zoning district. h. Applicant's Statement/Justification: Even though a church is a principal permitted use in the L-O zone, it was a use not specifically identified in the Village Center designation in CUP-03-008. The amendment also proposes to include other specified uses currently designated in the Unified Development Code as permitted or conditional. The amendment will enable approval of those specified uses, subject to detailed site plan, design review (where applicable), and subdivision submittals. 5. PROCESS FACTS a. The subject application will, in fact, constitute a development 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: July 21, 2008 and August 4, 2008 c. Radius notices mailed to properties within 300 feet on: July 18, 2008 d. Applicant posted notice on site by: August 2, 2008 6. LAND USE a. Existing Land Use(s): The subject property (Paramount Subdivision, Lots 2 and 3, Block 40) are currently agricultural land. MDA-08-001 Paramount Uses DA Modification.doc CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF AUGUST 12, 2008 b. Description of Character of Surrounding Area: Some of the surrounding area has already developed residentially and there is an elementary school to the southwest. There are also vacant and agricultural properties nearby. c. Adjacent Land Use and Zoning: 1. North: Agricultural land, zoned RUT (Ada County) 2. West: Bare land (Paramount Subdivision), zoned R-8 3. South: Bare land (Paramount Subdivision), zoned R-40 4. East: Bare land (Ventana Subdivision No. 1), zoned R-8 d. History of Previous Actions: - In 2003, the subject property was granted Annexation and Zoning (AZ-03-006) approval with R-8 (Medium-density residential), R-40 (High-density residential), L-O (Limited Office) and C-G (General retail and service commercial) zoning districts on approximately 397 acres. A Development Agreement was also approved with the annexation (Instrument No. 103137116). - A Preliminary Plat (PP-03-004) was approved concurrent with the annexation, and multiple phases have received approval for and have been final platted. - A Conditional Use Permit (CUP-03-008) was approved concurrent with the annexation and preliminary plat for a mixed use, planned development consisting of 764 single-family building lots, 73 townhouse lots, 270 apartments, 4 mixed-use areas with approximately 57,606 square feet of office and retail space and 32 common lots. - A Final Plat (FP-08-013) is currently proposed for Paramount Church Subdivision (Lot 2, Block 40 of Paramount Subdivision). e. Existing Constraints and Opportunities 1. Public Works Location of sewer: NA Location of water: NA Issues or concerns: None 2. Vegetation: NA 3. Floodplain: NA 4. Canals !Ditches /Irrigation: NA 5. Hazards: Staff does not know of any hazards that exist on this property. 6. Size of Property: 15.35 acres in the L-O district area of the DA proposed for modification. 7. AGENCY COMMENTS MEETING No comments were provided for the subject application. Please see the public record for the MDA file for any written comments that may have been submitted by other agencies. 8. ANALYSIS a. Analysis Leading to Staff Recommendation: Staff has provided analysis below regarding the proposed application. MDA-08-001 Paramount Uses DA Modification.doc CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF AUGUST 12, 2008 MDA Application: The Applicant is requesting to amend the existing DA (Instrument No. 103137116) approved with the Paramount annexation (AZ-03-006) to include a church, and other specified uses in the text amendment to the DA on Lots 2 and 3, Block 40 in the L-O zoning district. When Paramount Subdivision was annexed, it was proposed as a Planned Development with zoning designations of R-8, R-40, L-O and C-G. The Planned Development and Comprehensive Plan, under which the subject property was approved, allowed uses in the L-O zone defined as: The purpose of the LO District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibrations or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses and is thus a transitional use. The applicant has submitted an amendment with uses that are specified to be permitted on Lots 2 and 3, Block 40 in the L-O zone. The text amendment proposed is as follows: 1. Permitted Uses. Section 4 of the Agreement is hereby amended to include a new Subsection 4.3 which shall read as follows: 4.3 USES PERMITTED IN L-O ZONED PARCELS BY THIS AGREEMENT.• The uses allowed pursuant to this Agreement are those uses allowed as principal permitted in the L-O District, specifically: Church or place of religious worship, day care center, educational institution, financial institution, health care or social services, parks public and private, personal or professional service, public or quasi public use; and those L-O District conditional uses, and other specified uses, which shall be `permitted" as a result of this Agreement, including, but not limited to: Arts, entertainment or recreation facility (indoors), civic, social or fraternal organization, multi family developments, nursing or residential care facility, restaurant (sit-down with no drive-up window) and single family attached or detached dwellings. All uses noted herein shall be `permitted" subject only to detailed site planning, design review, as applicable, and subdivision submittals in accordance with the Paramount L-O Conceptual Site Plan, dated June 16, 2008, on file with the City Planning Department and attached hereto as Exhibit A. Other uses not specified herein, but identified as conditional uses in the L-O zoning district, shall be considered in accordance with the requirements of the City's Unified Development Code codified at Meridian City Code, Title 11, as such uses may be amended or re-defined from time to time. Staff is supportive of the request to include a church as a specified use in the DA. A church is a principal permitted use in the L-O zone. Staff is not supportive of allowing a development agreement to be used to permit uses in a zone that by the UDC are conditional uses or prohibited uses (such as multi family and single-family attached or detached dwellings). Staff believes that the proposed text amendment to the DA perpetuates the previous Planned Development concept, whereas the current UDC does not allow use exceptions. The subject DA request provides an opportunity to clean up the prior Planned Development by allowing the property to develop with all principally permitted and conditionally allowed uses. However, for some of the prohibited uses the applicant is requesting to allow as principally permitted, the applicant must apply for a rezone and comply with the current provisions and regulations of Title 11. Staff cannot support a request to allow conditional and prohibited uses as outright allowed uses through the DA modification process. Instead, Staff proposes the following changes be made to the proposed text amendment to the DA: 4.3 USES PERMITTED IN L-O ZONED PARCELS BY THIS AGREEMENT.• The uses allowed pursuant to this Agreement are those uses allowed as principal permitted by the Unified Development Code in the L-O District, including, but not limited to: Church or MDA-08-001 Paramount Uses DA Modification.doc CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF AUGUST 12, 2008 place of religious worship,-day care center, educational institution, financial institution, health care or social services, parks public and private, personal or professional service, and public OY quasi public uSe.-cci"sa--i~cv~ ra~os~i~cc~coTCUc`c'cvicccc-ate, u^~ii vcr+ ici • , , . Other uses '°c' °-~ .,:a„a ~~°_'~ ~t identified as conditional uses in the L-O zoning district, shall be subject to conditional use permit approval in accordance with the requirements of the City's Unified Development Code codified at Meridian City Code, Title 11. ~° °"•~~ °•°~° ~~~•~ ~~ 9. RECOMMENDATION Staff is recommending approval of the proposed modification to the Development Agreement for Paramount Subdivision as proposed by staff, above. 10. EXHIBITS A. Maps/Other 1. Vicinity Map 2. Paramount Subdivision Preliminary Plat & proposed Conceptual Site Plan for Paramount Church 3. Requested Development Agreement Modification (Not Approved) MDA-08-001 Paramount Uses DA Modification.doc CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF AUGUST 12, 2008 Exhibit A.1 - Zoning/Vicinity Map MDA-08-001 Paramount Uses DA Modification.doc CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF AUGUST 12, 2008 Exhibit A.2 -Plat for Paramount Subdivision and proposed Conceptual Site Plan for Paramount Church } .~ ~._.........,...,.r r `.~. ,,,~ . - .. _ _~_ y .._ '+~° f ~~~~'~ ~,' _ ~ i y al~if ._.._ ........._...... X; !' 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(R~ rviLti-va-vui raramounr uses liH ivioauicanon.aoc CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF AUGUST 12, 2008 Exhibit A.3 -Requested Development Agreement Modification FIRST AMENDMENT TU I"1EVELAAMENT AGREEMENT THIS FI:R.ST AMENDMENT TQ DEVEL©PMFNT AGREEMENT is dated the day of , 20Q8 ("Amendment"}, by and between the CITY OF MERIDIAN, a munt4ipal corporation of the Mate of Idaho ("City") and PARAM4lJ;VT LI.C, an Idaho la'mited liability carnpany, and PAR1a-M4llNT DEVELAPMENT, INC.., an. Idaho corporation (collectively "Gwner/Developer"), whale aKldress is cr'a Brighton Corlx>ratioi~, at the address stated above. RECtTAI.rS A. The +Gity and certain property owners entered into that certain I7evelapment Agreement. dated. July IS, 20Cl3, recorded as Instrument Na. 1(1313?I 16 on August l~, 2{k)3, in the records of Ada County, Idaho ("Agreement"} regarding certain real property located in Ada County, Idaho, as such. real property is more particularly described. in the Agreement {"Property"). QwnerlDevelaper is the successor in in#erest to the "C}wners" named in the Agreement as owners ofthc Property,. B. The City and C?wner~Developer desire to amend the Agreement to clarify the permitted uses of that portion. of the Property identified in the original Paramount Subdivision preliminary plat as Lets 2 std 3, Black 4U, and caned L-t~, Limited Office District, based on the terms a~ conditions contained herein. AGREEMENT NQW THF.REk{3RE, liar valuable ec~n4lderatjon, including the recitals shave which are hereby incorpc7rated below, the parties agree as fellows: t. Permitted LISCS. Section ~ afthe Agreement is hereby amended. to include a new Subsection 4.3 which shall read ati follows: "4,3 LJ.SE$ AERMI"t~'ED IN L-0L{)N~Q PARCEL~.BY THIS AGREEMENTS The ~~ ~lk~wed up rsuant to this A~retnn~ztt are those uses ttllawetl as prin~ig~l,permitte~l in tom, I,-~} Clisirict. sCafically: Church or place af' re~ious worship, day care cente,~, rational institution. frn~xs~al institutioaw>~~ahb care ar s,~cial services ar s public T11t5'T AiSl~rtD14iFNT TU D1EYF'I.QFMEri`t° AGREEM1uN'T - l MDA-08-001 Paramount Uses DA Modification.doc CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF AUGUST 12, 2008 Vinci prric,_ Irersc~ l ar ~cc~f ` ' ,tt~. sr`r~,,il~ c~T ousel-P.t~.~;hase i -C1 Di4tri~°t co~~~t~~~u1 usr~nrl,~,~eciiyed us,~,~whic shu11 be `mi„~teci" as a resuh cif .Ills hgr~ernent. istcl~~.,,~+ ~.urtZ' iii Io:.~,~~t ~ ent ar recreate i ,..civic. sa~%~I ar &atcrnal r ~~i?aiia~ multi-~f mt y d vela mett t --_~----~-~-_ ILL ru.~i~~wf,~ciii~y,..~'S~l~~.4,-cam ~.~i.1~.3~p wfnclow~, sinal~-.~ seta ~tached dwelling,a,_A,~ des Hated herein shall beamed" subjgr~~,Jy t _~ite j~ _aC2litri~• {~CSi~rl.. t.~VICW. , .d~I}S.~a..~W1~1Qt1 Su tT11t~~S CI'1 a~td~c+~ with the Paratnou~ ~.~S~~~ep3~~:L~ii.~..,P1~. dated 1un~ I6 2Q4~ on ;fie nth th~~l~~nin m.~....~i~h as Exhi`ta~ A. t~he,..>~..5 h...,her.~b...~.~!_..>~ ...,js.n~i uses :+~ .I~~nm~-~.~x...~ urr.id tzar +~_..w~~ tlrr~ents a~ the.~'~ G~.>~~.~.v~k28~II..~".~ rr~dil,at 4~ertd;an city C~r~.~,~jj..ml I. as such.. ~v_t~ ,.fir rc defer from time a tunr.' 2, Miscellaneous. Any capitaiiaed term Hat defined in this Amendment shall have the saute meaning a.~ in the Agreement.. Except as maditied in this Amendment, the Agreement remains in full farce and effect. Tn the event of any cx~nllict between the Amendment and this Agrcement, this Ame~ment shall cx~ntral. Ili WITNESS WHEREQF, the parties have hereunto caused this Agreement to he executed. effective an the day and year first above written. CrTY: CIWNERIDI VELOPER: CITY UI» MERIDIAN PAItAMUUNT LI.C, an I iimi .liability company _. _ By. _,. _ !"• 17~ro w . Zt!_,,~y,~,~, Member Its: .~ ~..~.. •~ ~rrr~rrrrrr ~an~r~raxn's" u~ ATT>±.ST: PA.RAII~OUNT DE~fEL4PM)ENT INC., an Id corpctratian r City Clerk Ry: . F[RS C A~'Ht":TiT;rl!'~~*tT Till Dt:vF,lAPML:~ T AGREkrlVlt{l~'T - 2 MDA-08-001 Paramount Uses DA Modification.doc