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Home My WebLink AboutStaff ReportPage 1 of 1 Tara Green From: Bill Parsons Sent: Thursday, February 05, 2009 5:14 PM To: Ted Baird; Tara Green; Jaycee Holman; Bill Nary; shawn@Indpro.com; Machelle Hill Cc: Peter Friedman Subject: Staff Report for Ambercreek DA Mod for 02/10/2009 CC MTG Follow Up Flag: Follow up Flag Status: Green Attachments: Ambercreek No. 2 MDA.doc Attached is the DA mod. staff report for Ambercreek Subdivision (MDA-09-001). This item is scheduled to be on the City Council agenda on February 10, 2009. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 7:00 pm. Please call or a-mail with any questions. Shawn -Please submit any written response you may have to the staff report to the City Clerk's office tgreen@meridiancity.org, mhill ~meridiancity.org and myself as soon as possible. Bill Parsons Associate City Planner Meridian Planning Department 33 E. Broadway Meridian, Idaho 83642 PHONE: (208) 884-5533 FAX: (208) 888-6854 bparsons@meridiancity.org 2/6/2009 STAFF REPORT HEARING DATE: February 10, 2009 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: MDA-09-001- Ambercreek I. SUMMARY DESCRIPTION OF REQUEST E IDIAN ~FiD The Applicant, Shawn Brownlee, has submitted an application requesting modification to the recorded Development Agreement for Ambercreek Subdivision, approved with the annexation (AZ- OS-055) of the property. The reason for the modification is to attach building elevations to the recorded development agreement per the condition of approval for the 18 month time extension (TE- 08-016) approved by City Council in October. II. SUNIlVIARY RECOMMENDATION Staff is recommending approval of the subject application. III. 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- 09-001, as presented in Staff Report for the hearing date of February 10, 2009, with the following changes: (insert any changes here). I further move to direct Legal Department Staff to prepare an addendum to the recorded Development Agreement for this site that reflects the changes noted in the analysis of Section 8. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number MDA-09- 001 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-09-001, to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the west side of N. Meridian Road and south of W.McMillan Road in the northeast % of Section 36, Township 4 North, Range 1 West. B. Owner: Dyver Development 2364 S. Titanium Place Meridian, ID 83642 C. Applicant: Shawn Brownlee 2364 S. Titanium Place Meridian, ID 83642 Ambercreek MDA-09-001 Page 1 D. Representative: Same as applicant. 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 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 28, 2009 VI. LAND U5E A. Existing Land Use(s): A portion of the site, Phase 1 is currently developing with single family homes. Phase 2 is currently vacant land. B. Character of Surrounding Area and Adjacent Land Use and Zoning: Residential uses abut the site on the south, west, east with vacant commercial and high density residential land to the north. 1. North: Vacant Land, zoned R-40 and C-G 2. East: Rural residence, zoned RUT (Ada County) 3. South: Rural residence and Agricultural land, zoned RUT (Ada County) 4. West: Cedar Springs Subdivision, zoned R-8 and R-15 C. History of Previous Actions: In 2005, the subject property was granted Annexation and Zoning (AZ-OS-055) and Preliminary Plat (PP-OS-057) approval by City Council with an R-8 zoning district. A Development Agreement was approved with the annexation (Instrument No. 106048481).The final plat (FP-06-027) for Ambercreek Subdivision No. 2 was approved by the Meridian City Council on July 18, 2006. Two previous time extensions (TE-07-009 and TE-08- 016) were approved for this project by the Planning Director in 2007 and by the City Council in 2008. D. Utilities: 1. Public Works: a. Location of sewer and water: All conditions of prior approval will apply. E. Physical Features: 1. Canals/Ditches Irrigation: Lemp Canal and Coleman Lateral are located along the northern and western boundaries. 2. Hazards: Staff is not aware of any hazards that exist on this property. 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: Ambercreek MDA-09-001 Page 2 On October 7, 2008, the City Council granted approval of an 18 month time extension for Ambercreek Subdivision No.2. As part of that approval the applicant was to submit for a development agreement modification to attach building elevations to the subject plat. The applicant has submitted photos of existing homes currently constructed within Phase 1 of the development. Staff has attached these photos as Exhibit A.2. NOTE: These photos are the same photos presented at the time extension hearing (TE-08-016). Further, staff has included an additional DA provision prohibiting single story homes from being constructed between (2) two story homes which staff believes would create more privacy for future home owners and provide a more open feel to the development. Staff is only recommending this requirement with Phase 2. c+A~ ;~ rnrnmmPnr~;n}r thpg~photnc be attached as an exhibit to the amended develonment aart.amant fnr Amhprrraalr Cnhdivicinn and that the Leal DeDartmpnt add additional DA nrnv;c;nn fn Cnh Cprtinn ~ ~~CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY" that includes the foLlowin~ provisions: IX. EDITS A. Maps/Other 1. Vicinity/Zoning Map -Property Subject to Development Agreement 2. Photos of Existing Homes in Phase 1 of the Development Ambercreek MDA-09-001 Page 3 Ezhibit A.1-VicinitylZoning Map -Property Subject to Development Agreement UC ~~~, ~~ c ~~~ _ ~~ d" ~~ ~~ - -- - _ __ ~~ L=o ~ - ~~~! ~j !` RUT ~.~ ~ ,'._. B (~. W~1~ Q ~__- ___ '~~~_ _ __ 7; i ~,y. L-O R8 R-40 ~..__._ ..-..r.=....-_ ._ R-4 C-G r l SITE RUT R-8 U I __ f pN Ambercreek MDA-09-001 Page 4 Ezhibit A.2 -Photos of E~sting Homes in Phase 1 ---- s l ~ • (t~ C