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HomeMy WebLinkAboutStaff ReportSTAFF REPORT HEARING DATE: February 10, 2009 E TO: Mayor Mayor & City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: MDA -08-008 - Knight Sky Estates I. SUMMARY DESCRIPTION OF REQUEST The Applicant, Sea to Sea, LLC, has submitted an application requesting modification to the recorded Development Agreement (DA) for Knight Sky Estates, approved with the annexation of this property. As a condition of approval of the recently approved time extension for the preliminary plat, the applicant is required to modify the DA to include building elevations for the project. Additionally, the applicant is requesting to modify an existing DA provision that restricts access to Chinden Boulevard (State Highway 20-26). H. SUMMARY RECOMMENDATION Staff is recommending approval of the proposed building elevations for the project and denial of the request for modification of the existing DA provision that restricts access to Chinden Boulevard. III. PROPOSED MOTION Partial Approval/Partial Denial After considering all staff, applicant and public testimony, I move to approve the request to modify the DA to include building elevations for the project, and denial of the request for a modification to the existing DA provision pertaining to access to Chinden Boulevard, as presented in the staff report for the hearing date of February 10, 2009 with the following modifications: (Add any proposed modifications.) I further move to direct Legal Department Staff to prepare an amendment to the recorded Development Agreement for this site that reflects the changes recommended by Staff. Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number MDA - 08 -008, as presented during the hearing on February 10, 2009, 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 changes approved at the hearing. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number MDA -08- 008 as presented during the hearing on February 10, 2009. (You should state why you are denying the request.) Continuance I move to continue File Number MDA -08-008, to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) Knight Sky Estates NIDA -08-008 Page 1 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 6555 N. Linder Road, on the northwest corner of N. Linder Road and Chinden Boulevard, in the southeast '/ of Section 23, Township 4 North, Range 1 West B. Owner: Sea to Sea, LLC 1676 S. Streampointe Eagle, ID 83616 C. Applicant: Same as owner D. Representative: Shawn Nickel, Rose Law Group Borton (208-9084398) 6223 N. Discovery Way, Ste. 200 Boise, ID 83713 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is a request for a development agreement modification. Per Meridian City Code, a public hearing is required before the City Council on this matter. B. Newspaper notifications published on: January 19, 2009 and February 2, 2009 C. Radius notices mailed to properties within 300 feet on: January 16, 2009 D. Applicant posted notice on site by: January 30, 2009 VI. LAND USE A. Existing Land Use(s): The site is currently being used for agricultural purposes. There are some existing structures on the site. B. Character of Surrounding Area and Adjacent Land Use and Zoning: Residential uses abut the site on the west and south. A convenience store/gas station exists across Overland Road to the north and vacant land exists across Locust Grove to the east. 1. North: Residential, zoned RUT in Ada County 2. East: Vacant agricultural land, zoned RUT in Ada County 3. South: Commercial uses and vacant land, zoned L -O, C -N, and C -G 4. West: Spurwing golf course, zoned RUT in Ada County C. History of Previous Actions: ➢ In 2006, the subject property was granted Annexation and Zoning (AZ -06-005) approval by City Council with R4, TN -C, and C -C zoning districts. A Development Agreement (DA) was approved with the annexation (Instrument No. 106122365). A preliminary plat (PP -06- 004) was approved concurrently with annexation of the property for 126 residential lots (24 townhouse lots and 102 detached single-family lots), 7 commercial lots, and 26 common/other lots on 55.83 acres of land. Private streets (PS -06-004) were also approved in specific locations within the development. Knight Sky Estates NIDA -08-008 Page 2 ➢ On November 5, 2008, an 18 month time extension (TE -08-026) was approved by the Planning Department for the applicant to obtain the City Engineer's signature on the first phase of the final plat (expires on December 6, 2010). As a condition of approval of the time extension, the applicant is required to submit a DA modification application to include sample building elevations for this project in the existing DA. Additionally, staff recommended that all private streets be converted to public streets. D. Utilities: 1. Public Works: a. Location of sewer and water: All prior conditions of approval will apply E. Physical Features: 1. Canals/Ditches Irrigation: An irrigation ditch crosses the southeastern portion of this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. F. Access: Only one public street access to Chinden Boulevard, to align with Long Lakes Way on the south side of Chinden, was approved for this site. VII. AGENCY COMMENTS MEETING No comments were received by the Planning Department from other City departments 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. VIII. ANALYSIS Analysis Leading to Staff Recommendation: In compliance with the conditions of approval of the time extension for the subject property, the applicant has submitted elevations for future buildings on this site for inclusion in the DA. (Building elevations for the commercial structures were not submitted with the annexation application in 2006.) Staff has reviewed these elevations and found them to consist of high quality design and construction materials. On the commercial elevations, staff is of the opinion that the cornices, amount of glazing, awnings, rock/masonry accents, integrated signage, and accent bands enhance the fagade. The architectural elements on the single tenant structure define the building entrance. The consistent use of design elements and materials on all sides unify the building design and appearance. On the residential elevations, the variety of siding materials with rock/masonry accents, modulated roof profiles, and non -garage dominated facades represent high quality design. Staff is recommending these building elevations be included in the DA. Additionally, staff is recommending a DA provision be added requiring future structures constructed on the site to substantially comply with the elevations submitted with this application included in Exhibit A.3, and current design standards in effect at the time of Certificate of Zoning Compliance application as applicable (see Exhibit A.2). The applicant is also requesting to modify DA provision #5.1.8 that restricts access to Chinden Boulevard (Highway 20-26) to allow direct lot access to Chinden if prior approval is obtained from ITD and a variance is approved by the City (see applicant's proposed changes in Exhibit A.2). Staff believes that approving a modification to this provision at this time would be premature as the site conditions and UDC provisions pertaining to access to state highways/arterial streets have not changed since the time the property was annexed and the DA was signed in 2006. Further, UDC 11- 3H -4B prohibits new approaches directly accessing a state highway, except public street connections to the state highway are allowed at the section line road and the half mile mark between section line Knight Sky Estates MDA -08-008 Page 3 roads. If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise acquire access to a street other than the state highway; the use of existing approaches shall cease and the approach shall be abandoned and removed. Additionally, UDC 11 -3A -3A states that all subdivisions must provide local street access to any use that currently takes direct access from an arterial or collector street; where access to a local street is available, the applicant shall reconfigure the site circulation plan to take access from such local street. The preliminary plat approved with the annexation of this property complies with these standards. For these reasons, Staff is not supportive of the applicant's request to amend DA provision #5.1.8. In the future, if ITD allows any direct lot access to Chinden Boulevard for this site, and if the City approves a variance request for such access, the applicant may apply to amend the DA at that time. Until such time, staff is not supportive of amending the DA. In his narrative, the applicant cited a recent comprehensive plan amendment and pre -annexation agreement by the City of Eagle allowing access to Chinden Boulevard and a decision by ITD to allow a right-in/right-out access to the site as justification for this modification. Since this site is located in the City of Meridian, these actions by other public entities are not germane to this application. IX. EDITS A. Maps/Other 1. Zoning/Aerial Map —Property Subject to Development Agreement 2. Proposed Changes to Development Agreement 3. Building Elevations Proposed for Inclusion in DA 4. Residential Building Elevations Submitted with AZ -06-005 Knight Sky Estates MDA -08-008 Page 4 VON A Exhibit A.2 —Proposed Changes to Development Agreement Applicant's Proposed Change: (Staff is not supportive of the proposed chane) Section 5.1.8 (pages 4-5) "That only one public access, , to Chinden Boulevard will be allowed on this site;, and no direct lot access will be allowed without prior approval from rM and variance approval from the City; that the Chinden Boulevardup blic access be constructed as a public street that aligns with the existing public street on the south side of Chinden Boulevard (Long Lakes Way); and that all wdst remaining accesses to Chinden Boulevard will be abandoned." Staff's Proposed Change: Add provision as follows: "All future structures constructed on the site shall substantially comply with the building elevations and construction materials shown in Exhibit A.3. Further, all future structures shall comply with current design standards in effect at the time of Certificate of Zoning Compliance application, as applicable." 3. Building Elevations Proposed for Inclusion in DA PROPOSED COMMERCIAL/OFFICE ELEVATIONS CLUBHOUSE ELEVATIONS LINDER/CHINDEN CORNER CONCEPT Northwest Corner Southwest Corner PROPOSED SINGLE -FAMILY RESIDENTIAL ELEVATIONS 4. Residential Building Elevations Submitted with AZ -06-005 KNIGHT SKY TOWNHOUSE CONCEPT Original Submitted Elevations Knightsky Subdivision Original Submitted Elevations Knightsky Subdivision (I..&APaSV&0a 7kilfmii IM TOWNHOUSE FRONT YARD CONCEPTS Original Submitted Elevations Knightsky Subdivision STAFF REPORT HEARING DATE: February 10, 2009 E I TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner (208) 884-5533 SUBJECT: MDA-08-008 - Knight Sky Estates I. SUMMARY DESCRIPTION OF REQUEST The Applicant, Sea to Sea, LLC, has submitted an application requesting modification to the recorded Development Agreement (DA) for Knight Sky Estates, approved with the annexation of this property. As a condition of approval of the recently approved time extension for the preliminary plat, the applicant is required to modify the DA to include building elevations for the project. Additionally, the applicant is requesting to modify an existing DA provision that restricts access to Chinden Boulevard (State Highway 20-26). II. SUMMARY RECOMMENDATION Staff is recommending approval of the proposed building elevations for the project and denial of the request for modification of the existing DA provision that restricts access to Chinden Boulevard. III. PROPOSED MOTION Partial Approval/Partial Denial After considering all staff, applicant and public testimony, I move to approve the request to modify the DA to include building elevations for the project, and denial of the request for a modification to the existing DA provision pertaining to access to Chinden Boulevard, as presented in the staff report for the hearing date of February 10, 2009 with the following modifications: (Add any proposed modifications.) I further move to direct Legal Department Staff to prepare an amendment to the recorded Development Agreement for this site that reflects the changes recommended by Staff. Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number MDA- 08-008, as presented during the hearing on February 10, 2009, 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 changes approved at the hearing. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number MDA-08- 008 as presented during the hearing on February 10, 2009. (You should state why you are denying the request.) Continuance I move to continue File Number MDA-08-008, to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) Knight Sky Estates MDA-08-008 Page 1 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 6555 N. Linder Road, on the northwest corner of N. Linder Road and Chinden Boulevard, in the southeast '/ of Section 23, Township 4 North, Range 1 West B. Owner: Sea to Sea, LLC 1676 S. Streampointe Eagle, ID 83616 C. Applicant: Same as owner D. Representative: Shawn Nickel, Rose Law Group Borton (208-908-4398) 6223 N. Discovery Way, Ste. 200 Boise, ID 83713 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is a request for a development agreement modification. Per Meridian City Code, a public hearing is required before the City Council on this matter. B. Newspaper notifications published on: January 19, 2009 and February 2, 2009 C. Radius notices mailed to properties within 300 feet on: January 16, 2009 D. Applicant posted notice on site by: January 30, 2009 VI. LAND USE A. Existing Land Use(s): The site is currently being used for agricultural purposes. There are some existing structures on the site. B. Character of Surrounding Area and Adjacent Land Use and Zoning: Residential uses abut the site on the west and south. A convenience store/gas station exists across Overland Road to the north and vacant land exists across Locust Grove to the east. 1. North: Residential, zoned RUT in Ada County 2. East: Vacant agricultural land, zoned RUT in Ada County 3. South: Commercial uses and vacant land, zoned L-O, C-N, and C-G 4. West: Spurwing golf course, zoned RUT in Ada County C. History of Previous Actions: ➢ In 2006, the subject property was granted Annexation and Zoning (AZ-06-005) approval by City Council with R-4, TN-C, and C-C zoning districts. A Development Agreement (DA) was approved with the annexation (Instrument No. 106122365). A preliminary plat (PP-06- 004) was approved concurrently with annexation of the property for 126 residential lots (24 townhouse lots and 102 detached single-family lots), 7 commercial lots, and 26 common/other lots on 55.83 acres of land. Private streets (PS-06-004) were also approved in specific locations within the development. Knight Sky Estates MDA-08-008 Page 2 ➢ On November 5, 2008, an 18 month time extension (TE-08-026) was approved by the Planning Department for the applicant to obtain the City Engineer's signature on the first phase of the final plat (expires on December 6, 2010). As a condition of approval of the time extension, the applicant is required to submit a DA modification application to include sample building elevations for this project in the existing DA. Additionally, staff recommended that all private streets be converted to public streets. D. Utilities: 1. Public Works: a. Location of sewer and water: All prior conditions of approval will apply E. Physical Features: 1. Canals/Ditches Irrigation: An irrigation ditch crosses the southeastern portion of this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. F. Access: Only one public street access to Chinden Boulevard, to align with Long Lakes Way on the south side of Chinden, was approved for this site. VII. AGENCY COMMENTS MEETING No comments were received by the Planning Department from other City departments 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. VIH. ANALYSIS Analysis Leading to Staff Recommendation: In compliance with the conditions of approval of the time extension for the subject property, the applicant has submitted elevations for future buildings on this site for inclusion in the DA. (Building elevations for the commercial structures were not submitted with the annexation application in 2006.) Staff has reviewed these elevations and found them to consist of high quality design and construction materials. On the commercial elevations, staff is of the opinion that the cornices, amount of glazing, awnings, rock/masonry accents, integrated signage, and accent bands enhance the fagade. The architectural elements on the single tenant structure define the building entrance. The consistent use of design elements and materials on all sides unify the building design and appearance. On the residential elevations, the variety of siding materials with rock/masonry accents, modulated roof profiles, and non -garage dominated facades represent high quality design. Staff is recommending these building elevations be included in the DA. Additionally, staff is recommending a DA provision be added requiring future structures constructed on the site to substantially comply with the elevations submitted with this application included in Exhibit A.3, and current design standards in effect at the time of Certificate of Zoning Compliance application as applicable (see Exhibit A.2). The applicant is also requesting to modify DA provision #5.1.8 that restricts access to Chinden Boulevard (Highway 20-26) to allow direct lot access to Chinden if prior approval is obtained from ITD and a variance is approved by the City (see applicant's proposed changes in Exhibit A.2). Staff believes that approving a modification to this provision at this time would be premature as the site conditions and UDC provisions pertaining to access to state highways/arterial streets have not changed since the time the property was annexed and the DA was signed in 2006. Further, UDC 11- 3H-4B prohibits new approaches directly accessing a state highway, except public street connections to the state highway are allowed at the section line road and the half mile mark between section line Knight Sky Estates MDA-08-008 Page 3 roads. If an applicant proposes a change or increase in intensity of use, the owner shall develop or otherwise acquire access to a street other than the state highway; the use of existing approaches shall cease and the approach shall be abandoned and removed. Additionally, UDC 11-3A-3A states that all subdivisions must provide local street access to any use that currently takes direct access from an arterial or collector street; where access to a local street is available, the applicant shall reconfigure the site circulation plan to take access from such local street. The preliminary plat approved with the annexation of this property complies with these standards. For these reasons, Staff is not supportive of the applicant's request to amend DA provision #5.1.8. In the future, if ITD allows any direct lot access to Chinden Boulevard for this site, and if the City approves a variance request for such access, the applicant may apply to amend the DA at that time. Until such time, staff is not supportive of amending the DA. In his narrative, the applicant cited a recent comprehensive plan amendment and pre -annexation agreement by the City of Eagle allowing access to Chinden Boulevard and a decision by ITD to allow a right-in/right-out access to the site as justification for this modification. Since this site is located in the City of Meridian, these actions by other public entities are not germane to this application. IX. EXHIBITS A. Maps/Other 1. Zoning/Aerial Map — Property Subject to Development Agreement 2. Proposed Changes to Development Agreement 3. Building Elevations Proposed for Inclusion in DA 4. Residential Building Elevations Submitted with AZ-06-005 Knight Sky Estates MDA-08-008 Page 4 ME 0 x Fi S 2' Exhibit A.2 —Proposed Changes to Development Agreement Applicant's Proposed Change: (Staff is not supportive of the proposed change) Section 5.1.8 (pages 4-5) "That only one public access, and no El -eet lot aeeess, to Chinden Boulevard will be allowed on this site;, and no direct lot access will be allowed without prior approval from ITD and variance approval from the City; that the Chinden Boulevard public access be constructed as a public street that aligns with the existing public street on the south side of Chinden Boulevard (Long Lakes Way); and that all egg remaining accesses to Chinden Boulevard will be abandoned." Staff s Proposed Change: Add provision as follows: "All future structures constructed on the site shall substantially comply with the building elevations and construction materials shown in Exhibit A.3. Further, all future structures shall comply with current design standards in effect at the time of Certificate of Zoning Compliance application, as applicable." 3. Building Elevations Proposed for Inclusion in DA PROPOSED COMMERCIAL/OFFICE ELEVATIONS CLUBHOUSE ELEVATIONS LINDER/CHINDEN CORNER CONCEPT Northwest Corner Southwest Corner PROPOSED SINGLE-FAMILY RESIDENTIAL ELEVATIONS 4. Residential Building Elevations Submitted with AZ-06-005 KNIGHT SKY TOWNHOUSE CONCEPT Original Submitted Elevations Knightsky Subdivision CSHOA -sncam • ero»"aa • din Original Submitted Elevations Knightsky Subdivision 1 KNIGHT SKY TOWNHOUSE FRONT YARD CONCEPTS Original Submitted Elevations Knightsky Subdivision