HomeMy WebLinkAboutStaff ReportSTAFF REPORT
HEARING DATE: January 12, 2010
TO: Mayor and City Council
FROM: Sonya Watters, Associate City Planner
(208) 884-5533
SUBJECT: MDA-09-004 -Queenland Acres
I. SUMMARY DESCRIPTION OF REQUEST
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The Applicant, James Prather, has submitted an application requesting certain modifications to the
recorded Development Agreement for Queenland Acres, approved with the annexation of the
property (see Section VIII for more information).
II. SUMMARY RECOMMENDATION
Staff recommends approval of the changes to the development agreement for Queenland Acres as
detailed in Exhibit A.3.
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-
09-004, as presented in Staff Report for the hearing date of January 12, 2010, 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
Exhibit A.3.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number MDA-09-
004, as presented during the hearing on January 12, 2010. (You should state why you are denying the
request.)
Continuance
I move to continue File Number MDA-09-004 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 southeast corner of S. Stoddard Road and W. Overland
Road, in the northeast % of Section 24, Township 3 North, Range 1 West.
B. Owner:
James Prather
2595 S. Linder Road
Meridian, ID 83642
C. Applicant:
Same as owner
Queenland Acres MDA
Page 1
D. Representative:
Same as owner
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: December 21, 2009 and January 4, 2010
C. Radius notices mailed to properties within 300 feet on: December 18, 2009
D. Applicant posted notice on site by: December 31, 2009
VI. LAND USE
A. Existing Land Use(s): This site consists of vacant undeveloped land.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Commercial property (Mountain View Equipment, Boondocks, Veterinary Clinic),
zoned C-G and C2 (Ada County)
2. East: Commercial property (Lowe's), zoned C-G
3. South: Single-family residential (Bear Creek Subdivision), zoned R-4
4. West: Vacant (future retail) and commercial storage units, zoned C-G
C. History of Previous Actions:
• In 2007, the subject property was granted Annexation and Zoning (AZ-07-009) approval with
a C-G zoning district. A Development Agreement was required as a provision of annexation
and subsequently recorded as Instrument #107131597.
D. Utilities:
1. Public Works:
a. Location of sewer and water: NA
b. Issues or concerns: NA
E. Physical Features:
1. Canals/Ditches Irrigation: NA
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
When the development agreement (DA) was approved in 2007, a conceptual site plan was included to
guide future development of the property. The site plan showed conceptual building pad locations,
parking, drive aisles, and access points to the site (see Exhibit A.2). Because the developer did not
Queenland Acres MDA
Page 2
have specific users for the site at that time, the plan was conceptual in nature.
Now, the developer has a prospective purchaser for Parcel 1 (as shown on the Record of Survey
included as Exhibit A.5) and would like to amend the DA to allow this user to commence
development of a portion of the site. The specific conditions of the DA make it impractical for the
user to build on the site and the applicant is requesting modification to accommodate this specific use.
The following is a summary of the applicant's requested modifications to the provisions of the DA
and staff's analysis thereof: (See Exhibit A.3 ,for exact text of DA provisions and proposed
modifications.)
• (Section 5, #8) The applicant requests approval to allow parking in front of the two buildings
pads along Overland Road at the northeast corner of the site. The current DA prohibits
parking stalls between the buildings and Overland Road in this area.
Staff is supportive of this request as long as parking is provided on the site consistent with the
design standards contained in UDC 11-3A-19 and the City of Meridian Design Manual,
which allows up to SO% of the o f street parking area for the site to be located between
building facades and abutting streets.
• (Section 5, #10) A 10-foot wide multi-use pathway is required to be constructed along the
east boundary of the site from the sidewalk along the stub street at the south boundary
(Alaska Avenue) across the site, out to the sidewalk at the traffic signal on Overland Road,
prior to issuance of the first Certificate of Occupancy for the site. The applicant requests
approval to reduce the width of the pathway to 8-feet and construct it in two phases with
development of Parcel Nos. 1 and 3, prior to issuance of Certificate of Occupancy for each of
the future buildings on those parcels. If Parcel No. 1 develops before Parcel No. 3 as
anticipated, this will allow occupancy of the future building on Parcel No. 1 prior to
construction of the entire pathway.
Because this pathway is planned to be constructed through the development rather than on
the perimeter, staff feels allowing the pathway to be constructed in two phases makes the
most sense for the safety of pedestrians as well as damage that may occur to the pathway
during construction on Parcel 3. Because the pathway will connect to existing sidewalks
adjacent to Overland Road and Alaska Avenue that are less than 10 feet in width, the Parks
Department is supportive of allowing a reduction in the width o_f the pathway as requested by
the applicant.
• (Section 5, #12) Individual buildings within this development are limited to 15% over or
under the sizes shown on the concept plan, except for the largest building pad which shall not
exceed 170,000 square feet. The applicant requests approval to exclude Parcel Nos. 1 and 2
from this requirement. The purpose of the change is to allow the banking institution that the
applicant has in escrow to build an approximate 3,500 square foot building on Parcel No. 1
and to allow the future building on Parcel No. 2 to increase in size from 6,000 to 7,500 square
feet.
Staff is amenable to the proposed change as the ultimate build-out of these two parcels
should result in substantially the sm~ae overall square footage as originally proposed.
• (Section 5, #17) A change is requested in the fencing material required along the southern
boundary of the site from a 6-foot tall concrete wall to an 8-foot tall white vinyl fence. This
fence assists in providing a buffer to the residents in Bear Creek Subdivision. The purpose of
this change is to decrease development costs and also to stay consistent with Lowe's fencing
to the east of this site.
Staff is supportive of this request as it complies with UDC standards _for the C-G district;
Queenland Acres MDA
Page 3
however, the Council should take into consideration any public testimony that may be
presented at the hearing before making a decision on this request.
• A modification to the site plan is requested to remove the bump-out and tree in the perimeter
buffer along the south property boundary, and the stop and yield signs in that area. The
applicant states that traffic slowing will be sufficiently accomplished with the required valley
gutters and speed bumps. Further, the applicant states that the current design restricts truck
docking maneuverability.
Staff has no objection to this modification as it is not prohibited under the UDC. In addition
to the requested change to the concept plan, staff recommends the size offuture buildings
within this development approved with the annexation be inchrded on the concept plan for
reference in regard to provision #12.
The applicant requests amendments to the text contained in Section 6 pertaining to
Compliance/Consent to Rezone, and Section 14 pertaining to Certificate of Occupancy, in
order to clarify the intent of these sections.
The City Attorney, Bill Nary, has reviewed the changes proposed by the applicant and is in
agreement with the changes proposed in Exhibit A.3.
Because new parcel configurations are shown on the amended record of survey attached in
Exhibit A.5 that are referenced in the applicant's proposed modifications, Staff recommends
the amended Record of Survey is included as an exhibit in the amended development
agreement.
In summary, staff supports the changes to the development agreement proposed by the applicant
along with those recommended by staff, as detailed in Exhibit A.
IX. EXHIBITS
A. Maps/Other
1. Zoning Map & Aerial Map -Property Subject to Development Agreement
2. Existing Conceptual Development Plan
3. Proposed Changes to Development Agreement (Instrument No. 107131597)
4. Proposed Conceptual Development Plan
5. Amended Record of Survey (Instrument No. 109132349)
Queenland Acres MDA
Page 4
Exhibit Al -Zoning Map & Aerial Map -Property Subject to Development Agreement
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Queenland Acres MDA
Page 1
Exhibit A.2 -Existing Conceptual Development Plan
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Exhibit A.3 -Proposed Changes to Development Agreement (Instrument No. 107131597) (See Applicant's
narrative included with the application for an explanation of the proposed changes.) Applicant's proposed
changes are noted in strike-out/bold/underline format; staff's recommended changes are noted in red strike-
out/bold/underline format.
Section 5 (pages 4 & 5)
8. The two building pads shown on the concept plan at the northeast corner of the site should lea-ve-ne allow
parking stalls between the buildings and Overland Road consistent with the design standards
contained in UDC 11-3A-19 and the City of Meridian Design Manual.
10. n.-:^r *^ ~ ^~*"° r;r°* r'°~*~f^~*° ^rn^^~~„^^^~~ EConstruct a multi-use pathway from the sidewalk
on the stub street at the south boundary (Alaska Street) across the site, out to the sidewalk at the traffic
signal on Overland Road. r., .i.° n i.°,..,,,.:..° .~,° n°.,°i^,.°.. ~~,.,ii a°~;,.. *~,° „ „i,; , ~.,*~,.,,~.. ^„ .~,°
. Said
pathway may be constructed in two phases with development of parcels Nos. 1 & 3 as shown on
Record of Survey recorded on November 25, 2009, as Instrument No. 109132349, records of Ada
County, Idaho, and shall 'T'''° ~^*'~~~~^~~ -„~~~* be constructed prior to occupancy of tl}at the buildings on
each of the aforementioned parcels. The applicant shall design and construct the multiuse pathway in
accordance with UDC 11-3A-8 and in conjunction with the Parks Department's standards, except that
the pathway is allowed to be 8 feet in width, instead of 10 feet. Additionally, where the pathway
crosses drive aisles, the pathway shall be distinguished from the driving surfaces through the use of
pavers, colored or scored concrete, or bricks (not paint). Any changes to these requirements can be done
pursuant to Article 14 of this Agreement.
12. Development of this site plan shall be generally consistent with the conceptual building elevations
(photos) and site plan attached as Exhibit A of the staff report. Additionally, the rear elevation of the
largest building proposed along the southern boundary shall have horizontal banding and/or include a
variety of materials. With the exception of Parcel Nos. 1 and 2, as shown on the Record of Survey
recorded November 25, 2009, as Instrument No. 109132349, records of Ada County, Idaho,
(individual buildings within this development shall be limited to 15% over or under the sizes shown on
the concept plan except for the largest building pad which shall not exceed 170,000 square feet, and the
minimum number of buildings allowed on the site shall no less than four and no more than six. The
foregoing building size restrictions shall not apply to buildings constructed on Parcel Nos. 1 and 2
fronting on Overland Road.
17. Replace the existing fence, with the property owner's consent, along the southern boundary of the site
with an 68-foot tall ~ white vinyl fence to assist in providing a buffer to the residents in
Bear Creek Subdivision in addition to the landscaping requirements listed in UDC 11-3B-9C a&b.
Section 6 (page 6)
COMPLIANCE PERIOD/CONSENT TO REZONE:
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~~'~°°^~~°^+ ^ °^am°^+~ ^ ^a~fi^^+~^^~ *'~°r°^r Either party's failure to faithfully comply with all of
the terms and conditions included in this Agreement shall constitute default under this Agreement.
In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days
from receipt of written notice from City to initiate commencement of action to correct the breach and cure
the default, which action must be prosecuted with diligence and completed within on hundred eighty (180)
days; provided, however, that in the case of any such default that cannot with diligence be cured within
such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for
such period as may be necessary to complete the curing of the same with diligence and continuity.
In the event of default by Owner/Developer that is not cured after notice as described in the prior
Qa_ragraph, Owner/Developer shall be deemed to have consented to modification of this Agreement and
de-annexation and reversal of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including
any applicable provisions of Idaho Code, ~ 67-6509 and 67-6511. Owner/Developer reserves all rights to
contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial
District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title
or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in
equity to secure the specific performance of the covenants, agreements, conditions, and obligations
contained herein.
In the event the performance of any covenants to be performed hereunder by either Owner or City is
delayed for causes that are beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time of such delay.
A waiver by City of any default of Owner of any one or more of the covenants or conditions hereof shall
apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City
nor apply to any subsequent default of any such or other covenants and conditions.
Section 14 (page 8)
CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be
issued for any building site or parcel until all improvements thereto, required under this Agreement, are
have been installed, completed,
, ,and
accepted by the City. The Owner/Developer may develop each parcel or building site as a separate phase or
in phases. Improvements shall include the multi-use pathway referred to in Section 5 (#10).
Conceptual Development Plan: The applicant also requests a modification to the previously approved
conceptual development plan shown in Exhibit A.2 as follows: Remove the "bump out" (and tree) in the
perimeter buffer at the south boundary between Parcel Nos. 3 and 4, as well as the "stop" and "yield" signs in
that area, as shown in Exhibit A.4. Additionally, Staff recommends the size of future buildings within this
development approved with the annexation be included on the concept plan for reference in regard to
provision #12.
Amended Record of Survey: Because new parcel configurations are shown on the amended record of
survey attached in Exhibit A.5 that are referenced above, Staff recommends the amended Record of
Survey is included as an exhibit in the amended development agreement.
Exhibit A.4 -Proposed Conceptual Development Plan
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CERTIFICATE OF SURVEYOR
Dorin Holzhey do hereby certily fhol I ~ o Pro/esslunol Lond
Sur+eyor licensed by ;he Sta?e o/ Idaho. cntl fha( this Record of
Sur.ey correctly •epresenls a survey made by me or under my
direct supervision in con loan once wlth Itlaho Code J7-2709, ,947
and o p o procad~res of Iona s/rveyirg I I r(her cert~ly that I
Hove .plied with Tale 55. Chop fey "6 ltloho Code.
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7o~~n Ho~zhey 9366 PL. S. License No, 9766
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