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Staff ReportSTAFF REPORT Hearing Date: September 27, 2011 TO: Mayor & City Council E IDIAN~ FROM: Sonya Watters, Associate City Planner I D A H O 208-884-5533 SUBJECT: MDA-11-009 -Grau L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Bill Grau, requests approval to modify the existing development agreement (MDA) to extend the time period allowed for the agreement to be signed. See Section IXAnalysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA to extend the period in which the agreement must be signed until September 27, 2013. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number MDA-11- 009 as presented in the staff report for the hearing date of September 27, 2011, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny MDA-11-009 as presented during the hearing on September 27, 2011, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number MDA-11-009 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 at 4135 W. Cherry Lane, in Section 10, Township 3N., Range 1W. B. Owner(s): Bill Grau 4135 W. Cherry Lane Meridian, ID 83642 C. Applicant: Same as owner D. Representative: Same as owner/applicant E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 5, and 19, 2011 C. Radius notices mailed to properties within 300 feet on: September 1, 2011 D. Applicant posted notice on site by: September 14, 2011 VI. LAND USE A. Existing Land Use(s) and Zoning: The current land use of this property is single-family residential, zoned Rl in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Golf View Estates Subdivision, zoned R-4; Cherry Lane Village Subdivision, zoned R-4 2. East: Rod's Parkside Creek Subdivision, zoned R-4 3. South: Cherrywood Village Subdivision, zoned R-8 4. West: Cherrywood Village Subdivision, zoned R-8 C. History of Previous Actions: • In 1999, Ada County Development Services approved an in-home occupation for a hair salon to operate on the subject property as an accessory use to the residential use of the property. In 2007, the City Council approved an annexation and zoning (AZ-07-003) request for the subject property consisting of 1.0 acre from the Rl zoning district in Ada County to the L-O (0.32 acre) and R-8 (0.68 acre) zoning districts. A development agreement was required as a provision of annexation; however, the applicant has not yet signed the agreement. Therefore, annexation of the property was not finalized and the property remains in Ada County. D. Utilities: 1. Public Works: a. Location of sewer: Not Applicable with this application. b. Location of water: Not Applicable with this application. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: NA 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. This designation allows smaller lots for residential purposes within the city limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. The previously approved R-8 zoning for the rear portion (0.58 acre) of this property complies with the medium density residential designation for this property. At the discretion of City Council, areas with a residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size. In this instance, no ancillary commercial uses are permitted. Because the subject property has frontage on an arterial street, Cherry Lane, and is less than 3 acres in size (1.0 acres), Council deemed it appropriate for the front portion (0.48 of an acre) of the property to develop with office use(s) with an L-O zoning district. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: 1. Residential Zoning: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 2. Commercial Zoning: The purpose of the L-O zone is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar used which shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration, or emissions of a nature offensive to the overall purpose of the District. B. Zoning Schedule of Use Control (UDC 11-2A): R-8 District: UDC 11-2A-21ists single-family dwellings as a principal permitted use in the R- 8zoning district. 2. L-O District: UDC Table 11-2B-2 lists several uses as permitted and conditional uses in the L-O zoning district. Office (professional service) uses are listed as a principle permitted use in the L-O zoning district. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The request is for a modification to the Development Agreement (DA) to extend the time period allowed for the applicant to sign the agreement. The applicant did not submit a conceptual development plan with the annexation & zoning (AZ) request. However, a preliminary plat was approved concurrently with the AZ that consisted of one commercial office building lot & one common lot (street buffer) on the front 0.32 acre portion of the site approved to be zoned L-O; and three single-family residential building lots on the rear 0.68 acre portion of the site approved to be zoned R-8. The preliminary plat has since expired. A provision is included in the DA that requires development to conform to the preliminary plat & landscape plan. Because the plat has expired which was proposed to divide the property in accord with the zoning boundary between the R-8 and L-O districts, annexation of the property with two zoning districts would result in a split-zoned parcel. To remedy this, staff recommends a new provision be added to the DA that requires the applicant to obtain approval of a preliminary & final plat and subsequently record a final plat that is consistent with the zoning boundaries approved with the annexation prior to submittal of any development applications for the property. This provision would replace the current provision that states, "That development of this property shall generally conform to the Preliminary Plat and Landscape Plan prepared by Stanley Consultants, Inc., and Brooks Design Group, respectively." The applicant would like an extension to sign the DA in order to keep the zoning entitlement that was approved for this property. Staff recommends approval of the applicant's request. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Previously Approved Zoning Boundary Map 3. Staff Recommended Changes to Development Agreement Exhibit A.1: Vicinity Map Exhibit A.2: Previously Approved Zoning Boundary Map r~ 5 83'44'i 1" E ~ 2195 88'~ ~ 1 C' ;' `~ i , --- -- ~ ~ ,'' _ __ ~\ _, ~ i~. ~~ 1 Z ~ ~ ~ ~ n ~~I ~ ~ r- -- -- I w ,rtQ" f~. t. . ~ ' ,~,~! . i z ~ -- - - i I - ~~ ~ f - ,~ t - ~ ,, ,~ ~ '~~ ~. --~ W. CHERRY LANE ''c S $924 90' E ~, - - G O L7 ~' ~ WC1RK5 pEPTiC O ~ BONE- L O ~ a ~cn 2 ' ~'.~ .1'•1=''L.AT~EC ~ ~ O ~ i o ~+ S 89'2?'32" U~! _ L N' 127 65' ~ t m ~ 3 ~ ~ ~L oc~ - - ~ -- ~ 1 ,~ ~ -- `ti cV) ~~ 00 pp ~~ 4 ~~o .~oNE" f~8 ; °° r, - r ~` ~~, ~ ~ ,~ 5 Y~'1}`'``~~'a. ~.~.;~:~ _ 130 9$' ~ N 88'52'03" W'~ ~ - -~ - 3. Proposed Changes to Development Agreement Staff recommends the following changes to the development agreement: 1. The time period in which the agreement must be signed by the owner shall be extended until September 27, 2013. 2. Replace the current provision that states, "That development of this property shall generally conform to the Preliminary Plat and Landscape Plan prepared by Stanley Consultants, Inc., and Brooks Design Group, respectively" with, "The owner shall obtain approval of a preliminary & final plat and subsequently record a final plat that is consistent with the zoning boundaries approved with the annexation prior to submittal of any development applications for the property."