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Home My WebLink AboutStaff ReportSTAFF REPORT HEARING DATE: June 1, 2010 TO: Mayor and City Council E IDIAN FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: MDA-10-005 -Five Twelve (Bear Creek West) I. SiT1VIlVIARY DESCRIPTION OF REQUEST The Applicant, Church of Jesus Christ of Latter-day Saints, is requesting that a lot in the Five Twelve Subdivision be excluded from the recorded development agreement (DA instrument #106151232) in effect for the property. A new DA is requested binding the subject property to the conditions of approval approved for the Five Twelve project (PP-09-002, FP-10-002, CUP-09-013 and DES-09- 034). II. SUNIMARY RECOMMENDATION Staff recommends approval of the application as detailed in Section VIII of the staff report. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number MDA- 10-005, as presented in Staff Report for the hearing date of June 1, 2010, with the following changes: (insert any changes here). I further move to direct Legal Department Staff to prepare a Development Agreement for this site that reflects the changes noted in Section VIII. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number MDA-10- 005, as presented during the hearing on June 1, 2010. (You should state why you are denying the request.) Continuance I move to continue File Number MDA-10-005 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 site is located on the west side of S. Stoddard Road, midway between Overland Road and Victory Road, in the southwest '/a of Section 24, Township 3 North, Range 1 West B. Owner(s): Tuscany Development P.O. Box 344 Meridian, ID 83642 C. Applicant: Church of Jesus Christ of Latter-day Saints 50 E. North Temple Street Salt Lake City, Utah 84150 Five Twelve MDA Page 6 D. Representative: Jo Larson, Gowland-Johanson-Zimmerman Architecture 400 S. Main Street Payette, ID 83661 E. Applicant's Statement/Justification: Please see applicant's narrative for this information (Exhibit A.4). 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: May 3, and 17, 2010 C. Radius notices mailed to properties within 300 feet on: April 30, 2010 D. Applicant posted notice on site by: May 15, 2010 VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of vacant, un-platted land, zoned R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is currently surrounded by undeveloped agricultural property and residential properties. North: Agricultural land, zoned RUT in Ada County East: Single-family residential properties in Bear Creek Subdivision, zoned R-4 South: Agricultural land (preliminary platted as Bear Creek West Subdivision), zoned R-8 West: Agricultural land (preliminary platted as Bear Creek West Subdivision), zoned R-8 C. History of Previous Actions: • In 2005, this property was annexed (AZ-OS-064) with an R-8 zoning district and included in the preliminary plat (PP-OS-064) for Bear Creek West Subdivision. A development agreement (DA), instrument #106151232, was recorded as a condition of annexation. The recorded DA requires the property be subdivided in accordance with the Unified Development Code. • In 2008, the Bear Creek plat expired because the director denied the time extension (TE-08- 031). • In 2009, the subject property platted as the Five Twelve Subdivision (PP-09-002). • In 2010, City Council approved a one lot final plat (FP-10-002). • A conditional use permit was approved (CUP-09-013) for a church on Lot 1, Block 1 of the subdivision. D. Utilities: 1. Public Works: a. Location of sewer: W Kodiak Drive. b. Location of water: S Stoddard Road. c. Issues or concerns: None VII. AGENCY COMMENTS MEETING No comments were received by the Planning Department for the subject application. Five Twelve MDA Page 7 VIII. STAFF ANALYSIS The applicant is requesting the subject property be excluded from the recorded development agreement and be subject to a new development agreement with the conditions of approval approved with the Five Twelve preliminary plat (PP-09-002), conditional use permit and design review approval (CUP-09-013 and DES-09-034) and final plat (FP-10-002). To this date construction has not commenced on the subject property and the final plat has not recorded. The final plat has received City Engineer's signature. A majority of the provisions in the recorded development agreement (DA) are standard provisions that are required with the development of a property (see Exhibit A.2 for recorded DA provisions). However, DA provision 5.1.5 restricts the issuance of building permit until the property is subdivided. Because of the aforementioned provision, the applicant has proceeded with subdividing the property. Once the Five Twelve Subdivision records, the applicant can proceed with obtaining a building permit thus fulfilling the requirement of the recorded DA. The applicant wishes the subject property to be excluded from the original DA and City Staff is of the opinion that there should be a new DA to address the specific conditions of approval for the subject property. Therefore, a new DA has been prepared by the City Attorney that contains language specifying this and identifies a religious meeting house as an acceptable use for the property as evidenced by the approval of CUP 09-013 and DES 09-034. Staff is recommending approval of a new DA with the inclusion of the following language in Sub- section 4 and Sub-Section 5 of the new development agreement as follows: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed in the approved R- 8 (Medium Density Residential District) zone outlined in the UDC. Notwithstanding the foregoing, City agrees that CPB's use of the Property for construction and operation of a religious meetinghouse qualifies as an acceptable use in R-8 zone (Medium Density Residential District) as authorized in the Findings for Case No. CUP 09-013 and DES 09- 034; 5.1. CPB shall develop the Property in accordance with the following special condition: 5.1.1. Upon recordation of the Five Twelve Subdivision (FP-10-002), the Property, as described in Exhibit A, will no longer be subject to, but will be automatically released from, the requirements of that certain Development Agreement (AZ OS-064) Bear Creek West Subdivision recorded with the Ada County Recorder on September 21, 2005, as Instrument Number 106151232. Moreover, the Property shall be governed only by the following: (1) this Agreement; (2) the conditions of approval of the preliminary plat (PP-09-002); (3) the conditional use permit (CUP-09-013); and (4) the final plat (FP-10-002). X. EXHIBITS A. Maps/Other 1. Vicinity/Zoning Map -Property Subject to Development Agreement 2. Approved Final Plat (Not Recorded) 3. Recorded DA Provisions for the Bear Creek West Annexation Five Twelve MDA Page 8 Exhibit A.1 -Vicinity/Zoning Map ~rftC ,r RUT ~ s 1 ", ~ TN-C R-8 ~_ TN-R SOI~THRIDGE -~ , ' li R-2 R-4 Property proposed for exclusion from the DA and subject to a new DA ~;. ~ v~ ~~~ .. fiz.? ~~ ~,°A RUT ' . . C-G Five Twelve MDA Page 9 Exhibit A.2 -Approved Final Plat (Not Recorded) LQGATED 8th THE E~/2 1FIE NEt/4 dE THE 54tPi/4 ~€' SEGTI~N 24. T.3N., ~.iw, ®,h9. btERJ~t~,N, A~~ CCHJNTY, I®18~1Q 20x0 a-~c roc ~a Itcaa ~ ~~ ~~ ~ -..,a ® .. ~.,.. ..~ HY'~. ntsa a- ~~ a~d+7 ~._... 3 -~-, :~~ a 6 NP L4i7&m ~! 0 I 8 9 . a b w 0 a c n `. a Five Twelve MDA Page 10 Exhibit A.3 -Recorded DA Provisions for the Beak Creek West Annexation 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJEG°IC PROPERTY: 5.1. "Developer" andlor "Owners" shall develop the "Property" in accordance with the foilowiag special conditions: 5.1.1. That all futane uses shall not involve ups, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons. Property orthe general welfare by reason of excessive production oftra£fic, wise, smoke, iiunes, glare or odors. 5.1.2. That all future developme~ of the subject properly shall. be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 5.1.3. That the applicant be res,~nsible for all eosts associated with the sewer and water service extension. 5.1.4. That auy existing domestic wells andJor septic systems wig this project will have to be removed from their domestic Bernice, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Welts may be used for non-domestic purses such as landscape irrigation. 5.1.5. That prior t+o the issuance of any building Permit, the subject ~operty be subdivided in accordance with the City of Meridian Unified Development Code. 5.1.6 That five-fool wide sidewalks and street buffets constructed in accordance with City Code, be installed along S. Stoddard Road and W. KodiakDrive with eachphase, priorto occupanayofa~ new dwelling units for said phi. Five Twelve MDA Page 11