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CC - Staff Report 7-28 Page 1 HEARING DATE: 7/28/2020 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: H-2020-0080 Hill’s Century Farm North - MDA LOCATION: South of E. Amity Rd. & east of S. Eagle Rd., in the NW ¼ of Section 33, Township 3N., Range 1E. I. PROJECT DESCRIPTION Modification to the existing Development Agreement (Inst. #2020-059662 – provision #5.1g) to allow building permits for the commercial portion of the development to be issued prior to subdivision of the property. II. SUMMARY OF REPORT A. Applicant: Kody Daffer, Brighton Development – 2929 W. Navigator Rd., ID 83642 B. Owner: Martin L. Hill – 3675 E. Amity Rd., Meridian, ID 83642 C. Representative: Kody Daffer, Brighton Development – 2929 W. Navigator Rd., ID 83642 III. STAFF ANALYSIS The Applicant proposes to amend provision #5.1g in the existing Development Agreement (DA) (Inst. #2020-059662), to allow for building permits to be issued in the commercial portion of the development prior to subdivision of the property as currently required. The existing provision reads, “The annexation area shall be subdivided prior to issuance of any building permits beyond those required for the development of the school, YMCA and park site, a wireless communication facility, the assisted living facility, medical clinic, and the Hill’s Century Farm North community center complex on common lot 101 as shown on the revised conceptual development plan dated October 30, 2019.” STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Page 2 The Applicant proposes the following change: “The residential portions of the annexation area shall be subdivided prior to issuance of any building permits beyond those required for the development of commercial uses, including but not limited to the school, YMCA and park site, a wireless communication facility, the assisted living facility, medical clinic, and the Hill’s Century Farm North self-service storage facility and the community center complex on common lot 101 as shown on the revised conceptual development plan dated October 30, 2019.” Because commercial property is not typically required to be subdivided prior to issuance of building permits, Staff recommends the existing provision is stricken and alternate language is provided instead that would simplify the requirements for subdivision of the property, which Staff believes meets the Applicant’s intended purpose, as follows: “The R-8 and R-15 zoned residential portions of the annexation area shall be subdivided prior to issuance of any building permits beyond those required for the community center complex on Lot 101 as shown on the revised conceptual development plan dated October 30, 2019; building permit(s) for the community center complex may be issued prior to subdivision of the property. Subdivision of the C-N and C-C zoned commercial portions of the annexation area is not required prior to issuance of building permits.” IV. DECISION A. Staff: Staff recommends approval of a modification to the DA as recommended by Staff in Section V. V. EXHIBITS A. Development Agreement Provision #5.1g: Existing: “The annexation area shall be subdivided prior to issuance of any building permits beyond those required for the development of the school, YMCA and park site, a wireless communication facility, the assisted living facility, medical clinic, and the Hill’s Century Farm North community center complex on common lot 101 as shown on the revised conceptual development plan dated October 30, 2019.” Applicant’s Proposed Change: “The residential portions of the annexation area shall be subdivided prior to issuance of any building permits beyond those required for the development of commercial uses, including but not limited to the school, YMCA and park site, a wireless communication facility, the assisted living facility, medical clinic, and the Hill’s Century Farm North self-service storage facility and the community center complex on common lot 101 as shown on the revised conceptual development plan dated October 30, 2019.” Staff’s Recommended Change: “The annexation area shall be subdivided prior to issuance of any building permits beyond those required for the development of the school, YMCA and park site, a wireless communication facility, the assisted living facility, medical clinic, and the Hill’s Century Farm North community center complex on common lot 101 as shown on the revised conceptual development plan dated October 30, 2019.” “The R-8 and R-15 zoned residential portions of the annexation area shall be subdivided prior to issuance of any building permits beyond those required for the community center complex on Lot 101 as shown on the revised conceptual development plan dated October 30, 2019; building permit(s) for the community center complex may be issued prior to subdivision of the property. Page 3 Subdivision of the C-N and C-C zoned commercial portions of the annexation area is not required prior to issuance of building permits.”