Staff ReportSTAFF REPORT Hearing Date: June 4, 2013
TO: Mayor & City Council
FROM: Sonya Wafters, Associate City Planner
208-884-5533
SUBJECT: MDA-13-010 -Paramount Subdivision
(~i~E IDIAN~--
IDAHO
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Brighton Development, Inc., requests approval to amend the existing development
agreement (MDA) for Paramount Subdivision. The development agreement (DA) currently limits the
number of single-family building lots, townhouse and apartment units, the amount of office and retail
square footage, and the number of common lots. The applicant's request is to update the DA to focus on
allowed uses within the subdivision rather than specific numbers. See Section VII Analysis for more
information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA with the changes shown in Exhibit A.2, attached.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MDA-13-010 as
presented in the staff report for the hearing date of June 4, 2013, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny MDA-13-010 as presented
during the hearing on June 4, 2013, for the following reasons: (You should state specific reasons for
denial.)
Continuance
I move to continue File Number MDA-13-010 to the hearing date of (insert continued hearing date here)
for the following reason(s): (You should state specific reason(s) for continuance.)
PJ. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located south of W. Chinden Blvd, west of N. Meridian Road, north of W.
McMillan Road and east of N. Linder Road, in Section 25, Township 4N., Range 1 W.
B. Owner(s):
Brighton Development, Inc.
12601 W. Explorer Drive, Ste. 200
Boise, ID 83713
C. Applicant:
Same as owner
Paramount Sub MDA-13-010
D. Representative:
Michael Wardle
12601 W. Explorer Drive, Ste. 200
Boise, ID 83713
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACT5
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: Apri129, and May 13, 2013
C. Radius notices mailed to properties within 300 feet on: April 25, 2013
D. Applicant posted notice on site by: May 24, 2013
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject property is currently in the development process. There
are existing and fuhire residential hmnes and office and commercial uses internal as well as external to
this property. The overall site consists of a mix of zoning districts (i.e. R-8, L-O, C-G, and R-40).
B. Character of Surrounding Area and Adjacent Land Use and Zoning: A mix of residential, office, and
commercial uses surround this site with various zoning designations.
C. History of Previous Actions:
• In 2003, the following applications were approved for Paramount Subdivision:
- Annexation and zoning (AZ-03-006) of 397.11 acres of land with R-8, R-40, L-O and C-G
zones. A development agreement (DA) was required as a provision of annexation, recorded
as Insh~ument No. 103137116;
- Preliminary plat (PP-03-004) consisting of 764 building lots on 397.11 acres of land; and
- Conditional use permit (CUP-03-008) for a planned development which included a request
for a laid use exception for office/commercial uses in the R-8 zoning district.
• In 2007, a modification to the DA (MI-07-007, Paramount Commercial Southwest) was approved
and recorded as Instrument No. 107145935.
• In 2008, a modification to the DA (MDA-08-001) was approved and recorded as Instrument No.
108108427.
D. Utilities:
1. Public Works:
a. Location of sewer: NA
b. Location of water: NA
c. Issues or concerns: NA
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: NA
Paramount Sub MDA-13-0I O
3. Flood Plain: NA
VII. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The applicant proposes and amendment to the existing Development Agreement (DA) (Instrument No.
103137116), which currently restricts development to a certain number of building lots, common lots,
dwelling units, and square footage of commercial space to remove specific numbers of each.
The reason fm~ the change is the initial application did not account for the annexed areas that were not
preliminary platted or that were subsequently acquired and added to the project, nor changes made due
to market changes. Therefore, the proposed modification deletes the referenced numbers and focuses on
the allowed uses within the various zoning designations.
The full text of the amended DA sxrbnaitted by the applicant is included in the application documents.
Staff has included the portion of the agreentenl that is proposed to be amended in Exhibit A.2 with the
text to be deleted in strike-out formal and the proposed text to be added in underline format Staff is
supportive of the changes to the DA requested by the applicant.
VIII. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Amendment to Development Agreement
Paramount Sub MDA-13-010
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Exhibit A.2: Proposed Amendment to Development Agreement
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's"
~eniHg-9rdxianse Unified Development Code codified as Meridian City Code Section -lfa~
gin, ~'~-''~, and~~ 11-2A and 11-2B which are herein specified as follows:
Construction and development of a plexaned development consisting of ~§4 single fancily
building lots, ~3 townhouse lots, ~B aparhnents, 4mixed--use areas with tp„c;;znce, ~;y
3~?-68~efofftce and retail space, and d~ comncon lots ^~° '"'~~sin prBpBSQC~R-8, R-
40, L-O, C-C. TN-C and C-G zones.
4.2 No change in the uses specified in this Agreement shall be allowed without modification of this
Agreement.
Paramount Sub MDA-13-010