HomeMy WebLinkAboutSilver Oaks Subdivision AZ
i
oWc;;dì!t \
STAFF SUMMARY
OF
PLANNING AND ZONING COMMISSION
RECOMMENDA TION TO CITY COUNCIL
Transnùttal Date:
July 21, 2005
Project Name:
Silver Oaks Subdivision
'Y'"'V'" ..'-;-'-', ""f~"
,,!L ¡ t~.;,L'
Case No(s):
AZ-05-016/PP-05-023/CUP-05-026
Applicant:
Ten-Mile Development, LLC
j ¡ ~' :1 ,0 '}flm:
" ", n, .'.. I lJJlt,¡
P&Z Commission Hearing Date(s):
June 16, 2005
CfMeridia:::l
Clerk aiFie.;:,
Silver Oaks Subdivision
.
Annexation and Zoning of 28.6 Acres from RUT (Ada County) to R-15 (Medium-High Density
Residential) and L-O (Limited Office), by Ten-Mile Development, LLc. (File No. AZ-O5-016)
Preliminary Plat Approval of one (1) Multi-Family Building Lots, and one (1) commercial office
lot, by Ten-Mile Development, LLC. (File No. PP-O5-023)
Conditional Use Pennit Approval for a Planned Development consisting of 77 multi-family
structures on a single lot with a Private Clubhouse/Park and multiuse pathways with no Minimum
Lot Frontages for the L-O commercial daycare/office buildings by Ten~Mile Development, LLC
(File No. CUP-O5-026)
.
.
Recommendation:
Approve with conditions
A. Summary of Public Hearing:
1. In favor: Dave McKinnon, Conger Management (Agent)
2. In opposition: None
3. Commenting:
4. Staff presenting application: Joseph Guenther, Associate City Planner
5. Other staff commenting: Bruce Freckleton, Development Services Manager
Ted Baird, City of Meridian Legal Council
Brad Hawkins-Clark, Principle City Planner
B. Key Issues of Discussion by Comnùssion:
1. Allowing a private street or a public street for proposed Silver Oak Circle.
2. Vehicular circulation for Daycare
3. Cross access from Church site and storage site through the private road system
4. Addressing of units
5. Parking and landscaping of units
6. Lease units or file a condominium plat for individual ownership of each unit
7. Pedestrian accessibility from common area to multi-family units
8. Overall traffic circulation for mid block on Franklin Road
9. Kennedy Lateral status and feasibility of bridging the public road to the west.
C. Key Comnùssion Changes to Staff Recommendation:
The Commission made several minor changes to the staff report at staff s recommendation.
. That the park's department conditions of approval 1-3 be removed. Conditions 1-3
were applied to the staff report but do not apply to this site.
. The planning commission also required a revised preliminary plat/ CUP to provide
a connection across the Kennedy Lateral as agreed to by the applicant and set forth
as a condition within ACHD conditions of approval.
. There were some minor clarifications made to the landscaping conditions under
the preliminary plat site specific conditions.
. Public Works asked for a clarification condition in the Development Agreement
that the applicant agree to pay for all sewer main line extensions to the property in
addition to service extensions on the property.
See strikøtm-øugh and bold type in Exhibit E (Preliminary Plat) for changes.
D. Outstanding Issue(s) for City Council:
As of the print deadline, the applicant has submitted the revised preliminary/site plan
depicting a Public street (Silver Oaks Circle) with a stub street connection across the
Kennedy Lateral. (see ACHD City of Meridian condition A2 in Exhibit E).
The revised layout also addresses the Meridian Fire Department concerns for accessing the
building in the furthest northwest comer of the site. The applicant has shifted the buildings
in such a manner as to not lose a building. The design also included off-street parking for
units listed as 75, 76, and 77 in order to accommodate the public roadway and still comply
with the required conditions of approval.
E. Preliminary/Final Plat
1. Date of Revised Preliminary Plat: 6-22-05
2. Date of Site Plan: 6-22-05
3. Date of Landscape Plan: 3-11-05
F. Recommended Conditions of Approval (by Commission, if applicable)
See attached Exhibits D, E and F
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the matter of a request for Annexation and Zoning of 28.6 Acres from RUT (Ada
County) to R-15 (Medium-High Density Residential) and L-O (LiDÙted Office), (File No.
AZ-O5-016) and a Preliminary Plat of one (1) multi-faDÙly Building lot, and one (1)
commercial office lot, (File No. PP-O5-023) and a Conditional Use PerDÙt for a Planned
Development consisting of 77 multi.family structures on a single lot with a private
clubhouse/park and multiuse pathways with no minimum lot frontages for the L-O
commercial daycare/office buildings (File No. CUP-O5-026) by Ten-Mile Development,
LLC
For the City Council Hearing Date of: June 26, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
The matter was duly considered by the City Council at the June 26, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
c.
d.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-O 16/ PP-OS-O23 / CUP-OS-O24- PAGE I of 5
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner( s) of record at the time of issuance of these
findings is Ten-Mile Development, LLC, Graye H. Wolfe, Sr, - Manager.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibits G, H, and I for the findings required for these applications.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-
6503 ).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received ffom the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat
dated June 26, 2005 as shown in Exhibit B, the Site Plan dated June 26, 2005 as shown
in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the
Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the
CUP/PD Site Specific and Standard Conditions as shown in Exhibit F. The conditions
are concluded to be reasonable and the applicant shall meet such requirements as a
condition of approval of the application.
C. Decision and Order
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-D5-DI6/ PP-O5-D23 / CUP-O5-024- PAGE 2 0£5
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated June 26, 2005 is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated June
26, 2005 is hereby conditionally approved; and,
3. The Site Specific and Standard Conditions are as shown in Exhibits E and F.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfY the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.B.)
2.
Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction ofthe public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
Notice of Final Action and Right to Regulatory Takings Analysis
E.
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-0 16 / PP-O5-023 / CUP-O5-024- PAGE 3 of 5
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Exhibits
Exhibit A: Legal Description
Exhibit B:
Approved Preliminary Plat (with conditions)
Approved Site Plan (with conditions)
Exhibit C:
Exhibit D: Annexation and Zoning Comments
Exhibit E:
Preliminary Plat Site Specific and Standard Conditions
CUPIPD Site Specific and Standard Conditions
Exhibit F:
Exhibit G: Zoning Amendment Findings
Exhibit H: Preliminary Plat Findings
Exhibit I:
CUP/PD Findings
By action of the City Council at its regular meeting held on the
,2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED
COUNCIL MEMBER CHRISTINE DONNELL
VOTED
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-0I6/ PP-O5-023 I CUP-O5-024- PAGE 4 of 5
Mayor Tammy de Weerd
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
and City Attorney.
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-OI6 / PP-OS-O23 / CUP-OS-O24- PAGE S ofS
,-----'--
EXHIBIT A
Silver Oak Subdivision
AZ-O5-016
Legal Description
..,
.., "'"....", """....,
EXHfBIT A
Legal Description fur
Ten !\om" Development, LLC
Franklin Foul'-Plex
Residential Site
A pared ofland being a portion of the Wli2 of the SE 1..14 and the E 1/2 of the SWl/4 of
Section 1O, Township 3 North. Range I West, Boise Meridian, Ada County, Idaho, and
more partIcularly descrihed as follows:
Commencing ¡It a 5/8 inch rcbar marking the SE Corner of said Section 1O, thence along
the South line of said Section 1O, also being th" œnterlinc of Franklin Road,
N89"40' 29"W a distance (Jf 1708,52 feet to a 1/2 inch rebar, and flOm which a brass cap
marking the SW Corner of the SEI/4 of said Section 10 bears N89"40'29"W a distance of
932,05 feet, thence leaving said South line NOO"09' 31 "E a distance of 25.00 fem to a
point in the centerline of the Kemledy Lateral, thence meandering along the centerline of
said Kennedy Lateral N42"03 '29"W a di~tance o[ 300.00 feet to a point, thence
N4IoI5'29"W a distance of 190.55 feet to a point being the POINT OF BEGINNING;
Thence continUing along said centerline N4¡615'29"W a dislance of] 09,45 teet to a
point;
Thence N39"O6'19"W a distance of 490,00 feet to a point;
Thence N32"46'19"W a distance of 409.25 feet to a point on the West line of said SE 1/4;
Thence N32646'29"W a distance of 280. 75 feet to a point;
Thence N43°22 '29"W a distance of 99.57 [eet to a point;
Hlenee leaving said centerlLne of the Kennedy Latera] NOW] 3 '01 HE 11 distance of 87.61
fcd (fC,¡ ]nerly NOO"O9'31"E a distance of S!W2 feet) lo a 5/8 inch lebar on the South
right""of,w<lY line (,)f the Union Pacific Railroad;
Thence along said South right-of"way line S88"52'53"E (formerly S88"51 '50"E) a
distance of 1330,73 feet to a 5/8 inch rehar;
Thence leaving said South right-oC-way line SO] "OS'IO"W a distance of 1104.39 feet to a
point;
Thence N89"O9' I T'W a distance of 396,27 feet to a point;
Thence S4S"4S'45"W a distance ofllS,96 feet to the POINT OF BEGIN1'<lNG;
Said parcel contains 1,094,087 square feet or 25,] 2 acres, more or less and is subject to
all existing easements and rigllts-of-ways of record or implied.
Silver Oak Subdivision Exhibit A
, ,
',,",'
'.","""",-,-"',,,.,"",,. .
EXHIBIT A
Legal Description for
Tcn Mile Development, LLC
Franklin Four-Plex
Commercial Site
A parcel ofland being a portion of the Wl'2 of the SE1/4 of Section 10, Township J
NO.1h, Range] West, Boise Meridian, Ada County, Idaho, and more particl!larly
described as ¡t¡!lows:
Commencing at a 5/8 inch rcbar madung the SE Comer of said Section 10, thence along
the South line of said Section 10, also being the cel1terline of Franklin Road,
N89"40'29"W a distance of1558.52 feet to a 5/8 inch mbm being the POINT OF
BEGINNING, and from which a brass ('-ap marking the SW Comer of the SEII4 of said
Section 1 {¡ bears N89°40'29"W a distance of 1082.05 feet;
Thence continuing along said South line N89"40'29"W a distance of 150_00 feet to a 1/2
inch rebar;
Thence leaving said South line NUU.09'31"E a distance of25.00 feet to a point in the
centetlioe of the Kennedy Lateral;
'nH~oce meandering along the centerline of said Kel11)edy Lateral thc folJowing Courses
and distances:
Thence N42°O3'29"W a distance oj' 300.()0 feet to a point;
Thence N4¡"15'29"W a distance of 190.55 ft:et to a point;
Thenct: Jcaving the centerline of said KeruJedy Lateral N4so48'45"E a distance of 118_96
to a point;
Thence S89°09' I 7"E a distance of 396.27 to a point;
Thenœ SOl"08' I O"W a distance of 464.42 feet to the POINT OF BEGINNING;
Said parcel contains approximately 153,71 J square feet or 3-53 acres, more or less and is
SU¡'ject to all existing easements and Jights-oj'-ways ofrecord or implied.
Silver Oak Subdivision Exhibit A
"
EXHIBIT B
'\.,..#:::::~;""'- ~ç.~=:~,~-~-:::::.....:;:::-----~.__...------
.. Oak Subdivision
Sl ver .
PP-O5-023
P liminar Plat
roved re ..
,----,--",._~--...--......._-_.,,=._---,,_:_~
. Oak Subdivision Exhibit B
SIlver
EXHIBIT C
Silver Oak Subdivision
CUP~05-024
Approved Site Plan, 6-22-05
.---'---""
"-'-",~"~-""",,",,~,,,."-_.,-
.:æ.
"""""". "'-"." . '. "m.,_...-"..,., '-';---'~----""--"'-_::::":i;;;~",;lli;O::!i~'.,;~c..,
"'-""-' _n",.". ." -"\;';;,~~;';:;;;;;;;;';;'-""';".;:".~-_oo'-'-"c""-"'-"-'---"'"
::'.,.:,
- ='::;:"'~ 7.','-1 r"'-~",,~,
-,-.
:sa .æ¡
--
-- '_._~,_._-
'----
~.ii:
-~._._._-_.
--..--
æ:.~-=-~.
;?:::"¡ffi
----.
-
.---..--
---
--.-.-.
;::y~~,,-
-.",-"-,, "_..
-,,------- ""-...
--. .-.---.-
SILVER OAK SUBDIVISION
"~'IDSI'.G.J.f1\'i. -~¡"_-_lifrtè:rits:IÜi ~ PI<F~.I~_~"'E ~..A"-
.. .. "=-'--- + "-=--..1 f~~~. :¡:: -:':.,;":"..
--- -==.=::: --~,
Silver Oak Subdivision Exhibit C
EXHIBIT D
Silver Oak Subdivision
AZ-05-016
Annexation and Zoning Comments
ANEXATION & ZONING COMMENTS
1. The annexation legal description submitted with the application (stamped by Hugh
Edwards, PLS 3/14/05) shows the property as contiguous to the existing corporate
boundary of the City of Meridian.
2. Any future subdivision, uses and construction on this property shall comply with the
City of Meridian ordinances in effect at the time.
3. A Development Agreement (DA) will be required as part of an annexation of this
property. Prior to the annexation ordinance approval, a DA shall be entered into
between the City of Meridian, the property owner(s) (at the time of annexation
ordinance adoption), and the developer. The applicant shall contact the City Attorney.
Bill Nary. at 888-4433 to initiate this process. The DA shall incorporate the
following:
.
That the applicant will be responsible for all costs associated with the sewer
and water main line extension from the sewer main offsite to the property
boundaries.
That the applicant will be responsible for all costs associated with the sewer and
water service extension. Any existing domestic wells and/or septic systems within
this project will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available from the City of
Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation.
That all future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of development.
All future uses shall not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors.
That the applicant shall be responsible for all costs associated with piping the
Kennedy Lateral, unless otherwise specifically waived by Nampa Meridian
Irrigation District.
.
.
.
Silver Oak Subdivision Exhibit D
EXHIBIT E
Silver Oak Subdivision
PP-05-023
Preliminary Plat Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT
1. The preliminary plat prepared by Insite Architects, dated June 22, 2005 March
IS, 2005, is approved, with the conditions listed herein. All comments/conditions
of the accompanying Annexation/Zoning (AZ-05-016) and Conditional Use
Permit (CUP-05-024) and Development Agreement shall also be considered
conditions of the Preliminary Plat (PP-05-023).
2.
The submitted landscape plan prepared by South Architecture, Inc., dated 3-11-05
labled Ll.O is approved as submitted with changes. The following should be
included in a revised landscape plan:
. Depict and construct a lO-foot wide gravel shoulder on Franklin Road
abutting the site, with the remaining portion of the right-of-way being
landscaped with lawn or other vegetative groundcover.
. Depict and construct a 10-foot 20 foot wide landscape strip along the
local public street (Silver Oaks Circle) øolløetor street between Lots 1
and 2 with the remaining portion of the right-of-way being landscaped
with lawn or other vegetative groundcover.
. Depict and construct a 20~foot wide landscape strip along the public
collector street (Silver Oaks Drive) between LotI and the property to
the east with the remaining portion of the right-of-way being
landscaped with lawn or other vegetative groundcover.
. All areas being counted toward the open space requirement shall be ITee of
"wet ponds" or other such nuisances. All stormwater detention facilities
incorporated into the required open space are subject to Ordinance 12-13-
14 and shall be fully vegetated with grass and trees, as depicted on the
submitted landscape plan.
. Any tree over 4" in caliper that is removed from the property shall be
replaced by installing additional trees, being the equivalent number of
caliper inches of trees that were removed. Required landscaping trees will
not be considered as replacement trees for those trees that are removed.
Other than the changes listed above, the approved landscape plan is not to
be altered without prior written approval of the Planning & Zoning
Department.
3.
Revise the preliminary plat and site plan to indicate the means and location of the
storm drainage facilities. A drainage plan designed by a State of Idaho licensed
architect or engineer is required and shall be submitted to the City Engineer (Ord.
557, 1O-1-91) for all private roads and off-street parking areas. Storm water
Silver Oak Subdivision Exhibit E
7.
8.
treatment and disposal shall be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Stonn Water Best
Management Practices for Idaho Cities and Counties and City of Meridian
standards and policies. Off-site disposal into a surface water is prohibited unless
the jurisdiction which has authority over the receiving steam provides written
authorization prior to development plan approval. The applicant is responsible for
filing all necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
4.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by Nampa
and Meridian Irrigation District. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch owners),
with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer prior to final plat signature.
5.
The applicant has indicated Nampa and Meridian Irrigation District will own and
operate the pressurized irrigation system within this development. Underground
year-round pressurized irrigation must be provided to all lots within this
development. The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round Source of water. The applicant shall be required to
utilize any existing surface or well water for the primary source. If a surface or
well source is not available, a single-point connection to the culinary water
system shall be required. If a single-point connection is utilized, the developer
shall be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
6.
A detailed fencing plan shall be submitted upon application of the final plat.
Fencing along all canals and waterways shall be a minimum of 6' in height and
constructed of non-combustible materials as to not interfere with regular
maintenance of ditches and waterways by N amp a Meridian Irrigation District. If
permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of building
permits. All fences shall taper down to 3-feet maximum within 20 feet of all right-
of-way. All fencing shall be installed in accordance with MCC 12-4-10.
Maintenance of all common areas shall be the responsibility of the Silver Oaks
Homeowners' Association.
This proposed development is currently not serviceable by the City of Meridian's
sewer system. This proposed development is master planned to sewer to the
Black Cat Trunk via extensions of sewer main through Chesterfield Subdivision.
Chesterfield is not currently under construction therefore proceeding through the
approval process is strictly the risk of the applicant. The City of Meridian does
Silver Oak Subdivision Exhibit E
2.
3.
4.
5.
.....,
not guarantee sewer service within the development time limitations outlined in
Meridian City Ordinance.
The applicant shall be responsible to install sewer mains to and through this
proposed development thereby making them available to neighboring properties.
The applicant shall coordinate main sizing and routing with City of Meridian
Public Works Department, and execute City of Meridian's standard forms of
easement for any mains that at are required to provide service.
The preliminary site plan shows the Black Cat trunk running 12-foot off of the
eastern property boundary of this development. The master sewer plan, which
Chesterfield has complied with, shows this main 20-foot off of the property line.
The applicant shall align the sewer trunk to conform to the master plan.
9.
All water and sewer mains that are not in the ACHD right-of-way shall be
centered in a 20-foot wide easement. Said easement shall be free of any large
landscaping or fixed vertical objects
10.
Municipal water to this site shall be via extensions from existing mains in
Franklin Road and future mains in the Chesterfield Development from the north.
Applicant shall be responsible to construct water mains to and through this
proposed development, thereby making them available to adjacent properties.
Subdivision designer to coordinate main sizing and routing with the Public Works
Department. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service.
11.
Other than the public street access approved by ACHD, direct lot access to
Franklin Road is prohibited. A note shall be placed on the final plat restricting
access to Franklin Road.
GENERAL RE UlREMENTS-PRELIMINARY PLAT
1. All grading of the site shall be performed in conformance with MCC 11-12-3H.
Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-10-8.
A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
A detailed landscape plan, in compliance with the landscape and subdivision
ordinance and as noted in this report, shall be submitted for the subdivision with
the final plat application.
Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
Silver Oak Subdivision Exhibit E
14.
15.
6.
Two-hundred-fiftyand one-hundred-watt, high-pressure sodium streetlights will
be required at locations designated by the Public Works Department. All
streetlights shall be installed at subdivider's expense. Typical locations are at
street intersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The
street light contractor shall obtain design and permit from the Public Works
Department prior commencing installations.
7.
Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that have to be mitigated.
8.
The applicant shall coordinate mailbox locations with the Meridian Post Office.
9.
Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service per City Ordinance Section 9-1-4 and
9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation.
10.
Compaction test results must be submitted to the Meridian Building Department
for all building pads receiving engineered backfill, where footing would sit atop
fill material.
11.
The applicant shall be required to pay Public Works development plan review,
and construction inspection fees, as determined during the plan review process,
prior to signature on the final plat per Resolution 02-374.
12.
It shall be the responsibility of the applicant to ensure that all development
features comply with the Americans with Disabilities Act and the Fair Housing
Act.
13.
The applicant shall be responsible for application and compliance with any
NPDES Permitting that may be required by the Environmental Protection
Agency.
The applicant shall be responsible for application and compliance with any
Section 404 Permitting that may be required by the Army Corps of Engineers.
Submit all updated groundwater/soils monitoring data to the Public Works
Department for review, Any drainage areas (detention/retention basins) must be
designed to ensure that water is retained only during 100-year storm events, and
for a period of time not to exceed 24 hours. Side slopes within drainage areas
shall no exceed 3:1. Any portion of a drainage area not improved with sod/grass
seed (or other approved landscaping) shall not count towards the required open
space area. The project engineer should pay close attention to the results of field
Silver Oak Subdivision Exhibit E
studies determining the groundwater, soil type and characteristics during the
design and construction phases.
16.
The applicant's engineer shall be required to certify that the street centerline
elevations are set a minimum of 3-feet above the highest established normal
groundwater elevation. This is to ensure that the bottom elevation of crawlspaces
is at least I-foot above said elevation.
17.
Staffs failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for
compliance.
18.
Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
OTHER AGENCYIDEPARTMENT COMMENTS & CONDITIONS
MERIDIAN FIRE DEPARTMENT
1. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 Y2" outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on corners when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h, Fire hydrants shall be provided to meet the requirements of the IFC
Section 509.5.
3. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have an approved turn around.
4. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
Silver Oak Subdivision Exhibit E
5. All common driveways shall be straight or have a turning radius of28' inside and
48' outside and shall have a clear driving surface which is 20' wide.
6. Provide a 24' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with Appendix D Section 0103.6 Signs.
7. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire
Lane".
8. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes
mature landscaping.
9. Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site.
10. To increase emergency access to the site a minimum of two points of access will be
required for any portion of the project, which serves more than 50 homes. The
applicant shall provide a stub street to the property to the west and north. The two
entrances should be separated by no less than Y2 the diagonal measurement of the
full development.
11. Building setbacks shall be per the International Building Code for one and two
story construction.
12. The roadways shall be built to Ada County Highway Standards cross section
requirements and shall have a clear driving surface, available at all times, which is
20' wide. Streets with less than a 29' street width shall have no parking. Streets
with less than 33' shall have parking only on one side. These measurements shall
be based on the face of curb dimension.
13. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed per Appendix D.
14. The proposed multi-family lot has an estimated 308 units with a total estimated
population of 894 residents at build out The Meridian Fire Department has
experienced 2612 responses in the year 2004. According to a report completed by
Fire & Emergency Services Consulting Group our requests for service are projected
to reach 2800 in the year 2005 and 3800 by the year 201 O.
15. The fire department requests that any future signalization installed as the result of
the development of this project be equipped with Opticom Sensors to ensure a
safe and efficient response by fire and emergency medical service vehicles. This
cost of this installation is to be borne by the developer
Silver Oak Subdivision Exhibit E
16. Maintain a separation of5' from the building to the dumpster enclosure.
17. Provide a Knoxbox entry system for the complex prior to occupancy.
18. The first digit of the Apartment/Office Suite shall correspond to the floor level.
19. The applicant shall work with Planning Department staff to provide a named private
street address identification plan including a pylon/monument sign at the required
intersection(s).
20. All portions of the buildings located on this project must be within 150' of a paved
surface as measured around the perimeter of the building.
21. Provide exterior egress lighting as required by the International Building & Fire
Codes.
22. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 ill).
23. All Daycare's with 7 or more children must pass an inspection using the criteria of
the Idaho State Fire Marshal. If the applicant has concerns about meeting the State
Fire Marshal criteria an inspection will be completed at a cost of $20.
24. There shall be a fire hydrant within 100' of all fire department connections.
25. Buildings over 30' in height are required to have access roads in accordance with
Appendix D Section D1O5.
26. Please contact the Fire Marshal at 888-1234 to work specific issues associated with
this project as soon as possible.
MERIDIAN PARKS DEPARTMENT
Silver Oak Subdivision Exhibit E
I. Pathway and Trail standards: THe proposed patH\Vay and/or trail shall meet tho
standards as set forth in the August 2003 CempreHeNsive Parks and Recreation
System PlaN, fIgs. 3 2 aNd 3 3, sections B & C. The patlr,¡vay should connÐot
throl:lf;h to Belliagham park sl:1Òdivision. If BelliNgham Park Subdivision fails to
be approved the applicant shall provide on street oonneetiofl from Lot 16 Block
16 to the Ten Mile Creek ufltil sueh a time as flfl eJ{Ìension is possiblÐ.
2. Standard for City to assæne Maintønanøe of a SOChOR of Path';,'ay: The pathv¡ay
must eonnect from one majer arterial te another, and either an easement or
owaocship deed must bø gt"afltød before the city will assume the maintenance of
any seetien of path'.vay.
3. Miail'milll acreage standard for City Park: The City is willing to de'felop and
maiatain Comnu:lI1:ity Parks, Urban Parks, and Neighborhood Parks.
Neighèorhøod Parks will be revk.ved on a ease by ease basis. The City may
oooøse to maintaiß neighborheod parks at an acreage of sevCfl aei'"es or larger. It
\-Ifill Be the responsibility of private homeo','liloc gI'ØupS er associations to do':elop
afld maintain the smaller miai parks and seme Þleighèorhood Parks in their
subdivision that the City dees not maintain. Censtmetion fill and grading must bo
apfJroveà by the Meridian P8i'ks Direetor.
4. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
5. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
MERIDIAN POLICE DEPARTMENT
1. The proposed development and/or plat do not offer natural surveillance
opportunities of the public areas. Prior to the next public hearing, the applicant
shall meet with the Police Chief and/or Planning Staff to discuss features that
increase visibility, including but not limited to: doors and windows that look out
on the public areas, fÌont porches, and adequate nighttime lighting. The site plan
and/or landscaping plan shall be revised in accord with those discussions.
2. To increase emergency access to the site, the applicant shall provide a stub street
to the property to the (west! north). Prior to the next public hearing, the applicant
shall submit a revised plat!site plan to reflect this requirement.
3. The proposed multi-family development shall limit landscaping shrubs and
bushes to species that do not exceed three feet in height.
4. Any interior fencing shall allow visibility fÌom the street or shall not exceed four
feet in height if solid fencing is used.
Silver Oak Subdivision Exhibit E
5. The pedestrian access to the proposed clubhouse/community entrance is not weIl-
defined. The applicant shall submit a revised landscape plan that uses walkway
paving materials and landscaping to alert motorists to the pedestrian traffic.
6. The proposed landscaping creates a hiding spot near building units 21 and 22. The
applicant shall submit a revised landscaping plan that affords greater visibility of
the area ITom public areas such as a street or parking lot.
CENTRAL DISTRICT HEALTH DEPARTMENT
1. Run-off is not to create a mosquito breeding problem.
2. Stonnwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
3. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stonnwater disposal and design a
stoffilwater management system that prevents groundwater and surface water
degradation.
SANITARY SERVICES
1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application.
ADA COUNTY HIGHWAY DISTRICT
A.
Note to the City of Meridian
1, ACHD would prefer that the proposed north-south public street not extend
beyond the first proposed driveway. The site is a network of private roads
and driveways, and there does not appear to be a need for a public street
beyond that point. If the City of Meridian requires the public roadway to
extend to the north property line, as shown on the plans, ACHD will
accept that condition.
2. The applicant is not proposing to develop this property with a public street
network. If the City does not allow private streets and driveways, the
roadways may be public, provided that are designed and constructed to
ACHD roadway standards. If the City requires a public street network,
then the applicant should construct a stub street to the Kennedy Lateral
and should road trust for one-half the cost of a bridge to cross the lateral.
B.ACHD
1.
Site Specific Conditions of Approval
Dedicate 48-feet of right-of-way ITom the centerline of Franklin Road abutting the
parcel by means of a warranty deed. The right-of-way purchase and sale
Silver Oak Subdivision Exhibit E
8.
9.
10.
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever OCcurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way.
2.
Provide the District with a road trust deposit for the construction of 1 50-linear
feet of concrete sidewalk ($20.00 per linear foot) and one half of the cost of the
pedestrian crossing.
3.
Construct a public street that intersects Franklin Road at the east property line, as
proposed.
4.
Construct the public street located at the east property line as one half of a 40-foot
street section with 24-feet of pavement with vertical curb, gutter and a 5-foot
attached concrete sidewalk on the west side of the roadway and a 3-foot gravel
shoulder and an adequately sized drainage swale on the east side of the roadway.
5.
Construct a 30-foot wide curb return type driveway that intersects the public
roadway approximately 425-feet north of Franklin Road. Pave the driveway its
full width and at least 30-feet into the site beyond the edge of pavement of the
roadway and install pavement tapers with 15-foot radii abutting the existing
roadway edge.
6.
Construct a turnaround at the terminus ofthe public roadway. Construct the
turnaround at the terminus of the public roadway to provide a minimum turning
radius of 55-feet.
7.
Construct a center turn lane at the intersection of the public roadway and Franklin
Road. Construct the center turn lane to provide a minimum of 100- feet of storage
with shadow tapers for both the approach and departure directions. Coordinate
the design of the turn lane with District staff.
Construct a westbound right-hand turn lane at the intersection of the public
roadway and Franklin Road. Coordinate the design of the taper with District
staff.
Other than the pubic road that has specifically been approved with this
application, direct lot access to Franklin Road is prohibited. A note will be
required on the final plat stating the access restrictions to Franklin Road.
Comply with all Standard Conditions of Approval.
C. ACHD
Standard Conditions of Approval
Silver Oak Subdivision Exhibit E
9.
10.
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with improving street frontages abutting the
site shalI be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein, An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8.
Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road Impact Fee Ordinance.
It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
Silver Oak Subdivision Exhibit E
11.
Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
Silver Oak Subdivision Exhibit E
6.
EXHIBIT F
Silver Oak Subdivision
CUP-05-024
CUP/PD Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS~CONDITIONAL USE PERMIT
1. The site plan prepared by Insite Architects, dated June 22, 2005 Man~h 15, 2005,
is approved, with the conditions listed herein. Applicant shall meet all of the
requirements of the Annexation/Zoning (AZ-05-016) and Preliminary Plat (PP-
05-023) as a condition of the Conditional Use Permit (CUP-05-024).
2.
The project shall conform to the respective R-15 and L-O dimensional standards,
MCC 11-9-1.
3.
Construction within Silver Oaks Subdivision shall substantially comply with the
elevations submitted by the applicant. Construction materials used on the
structures shall be approved by the City of Meridian Building Department and in
accordance with the most recent Uniform Building Code.
4.
The applicant shall submit a detailed open space report to classify the open space
being applied towards an amenity. Landscaped open space means land exclusive
of street rights-of-way and street buffers, except for right-of-way specifically
dedicated for landscaping within a subdivision. Since all the open space is
independent of lot lines the applicant shall substantially comply with the design as
submitted, subject to the conditions of approval contained within this report.
5.
Provide common open space that equals or exceeds ten percent of the gross land
area for the multi-family portion of the development.
Provide each multi-family dwelling unit with at least one hundred square feet of
useable private open space.
SPECIAL CONSIDERATIONS-CONDITIONAL USE PERMIT
1. Reduced Standards: As stated earlier, the applicant is requesting modifications
from standard ordinance requirements for street frontage and number of buildings
per lot.
Lot Frontage: The minimum requested street frontage is none. (50 feet is the
minimum for the R-15 zone; 30 feet is the minimum for the L-O zone.). The
multi-family lot is contained within private accesses and the individual units will
be accessed through Common Drives. This lot requires relief from the minimum
street frontage as currently designed with the collector road becoming private
approximately 464 feet north of Franklin Road. Staff has conditioned the project
Silver Oak Subdivision Exhibit F
to provide a public stub street from the proposed public road tenninus to the west
which will provide approximately 400 Feet of frontage to both lots. This will
make the request for waiver of lot frontage null, as both lots will receive frontage
from the public road extension from the collector road to the Kennedy Lateral.
Setbacks: All setbacks should comply with the appropriately zoned district.
2.
Amenities: MCC 12-6-2.A.3 requires two or more amenities to be provided as
part of each planned development. The proposed amenities for the subject planned
development include: an extensive open space system for pathways and a large
multifamily lot which will contain seventy-seven units (77) with a clubhouse,
pool, and fitness center. The proposed open space makes up greater than 10% of
the site, 5% minimum is required and it takes 10% to count open space as an
amenity. The applicant is not proposing specific parking for the clubhouse or an
internal pedestrian system for access to the clubhouse, the applicant should
provide crosswalks to facilitate pedestrian traffic across the parking lot. As
proposed, staff believes the proposed clubhouse/pool/fitness center and open
space areas provide sufficient amenities relative to the size of the proposed multi-
family development. The commercial portion of the Planned Development
proposes no amenities as defined by the applicant; Sheet LI.5 does not show any
amenities as required by MCC 12-6-2-3. The commercial portion will be required
to provide an appropriate amenity as a part of the planned development.
Landscaped open space means land exclusive of street rights-of-way and street
buffers, except for right-of-way specifically dedicated for landscaping within a
subdivision. The applicant has not calculated the total open space areas which
count toward open space. No drainage lots, required street buffers, or canal
buffers can be included in this calculation. See Site Specific Condition of
Approval # 4.
3. Elevations: The applicant has submitted several front elevation drawings for the
proposed dwelling units and commercial buildings. Staff believes that the
dwelling units will be compatible with the adjoining uses, if the buildings are
constructed as shown on the submitted elevations. Construction within Silver
Oaks Subdivision should substantially comply with the elevations submitted by
the applicant. Construction materials used on the structures should be approved by
the City of Meridian Building Department and in accordance with the most recent
Uniform Building Code. See Site Specific Condition #3 below.
Silver Oak Subdivision Exhibit F
EXHIBIT G
Silver Oak Subdivision
Az,05-016
Zoning Amendment Findings
According to Meridian City Code (MCC) 11-15-11, General Standards Applicable
to Zoning Amendments, both the Planning & Zoning ComDÙssion and Council are
required "to review the particular facts and circumstances of each proposed zoning
amendment in terms of the following standards and shall find adequate evidence
answering the following questions about the proposed zoning amendment."
The following is the list of standards found in 11-15-11 and analysis by City
Council:
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
In Chapter VII of the Comprehensive Plan Page 95, 'High density' is defined as
areas including Multi-family homes at densities exceeding eight dwelling units
per acre. Staff finds that the requested zoning designation, R-15, is harmonious
with and in accordance with the 2002 Comprehensive Plan and Future Land Use
Map, which designates the land to be "High Density Residential." The 12.26
dwelling units per acre proposed with the preliminary plat are consistent with
previous Commission and Council actions and generally confonn to the goals,
objectives, and action items contained in the Comprehensive Plan for this area. In
addition, the applicant's cover letter (dated March II, 2005) lists several
Comprehensive Plan policies, all of which support the annexation and proposed
residential use of the property.
The Limited Office lot may not comply with the goals and policies of the High
Density Residential designation. The applicant has indicated that Meridian City
Code allows for a use exception along arterial roads not to exceed 20% of gross
area. The Commission and Council actions should take into consideration the
allowance of the Limited Office designation lot within the appropriate
commercial/mixed use policy, and not located along a commercial corridor.
However. staff suPports the proposed daycare use anq professional office
proPosal as these uses will be located alonll an arterial road and will suPport the
rimar multi-famil use b havin services close to residences thereb. reducin
traffic congestion on nearby roadways. reducinll air pollution. and creatinll an
efficient use of the land.
Silver Oak Subdivision Exhibit G
Staff finds the following 2002 Comprehensive Plan text policies to be applicable to
this application (staff analysis is in italics below policy):
.
"Require appropriate landscape and buffers along transportation corridors
(setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV,
Objective D, Action item 4)
As depicted on the Comprehensive Plan Future Land Use Map, the applicant
is proposing to construct a 25-foot wide landscape berm with vegetation
along Franklin Road. Staff is supportive of these widths, as long as the entire
buffer lies outside the ultimate right-ol-way, and the sidewalk is located
outside of the 25-foot wide buffer (or increase buffer to 40-feet).
.
"Consider "Accommodating Bicycle and Pedestrian Travel: A
Recommended Approach" from the National Center for Bicycling and
Walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3)
This publication encourages jurisdictions to establish bikeway and alkway
facilities in new construction and reconstruction projects, in a manner that is
safe, accessible and convenient. The proposal as presented will create an
internal system which the will ultimately connect to the regional multi-use
pathway system.
Staff recommends that the Commission and Council rely on staffs analysis,
public testimony received and any comments submitted from any other agencies
or departments regarding whether the proposed zone and subsequent development
is harmonious with and in accordance with the Comprehensive Plan.
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
Concurrent with the annexation and zoning application, the applicant has
submitted a preliminary plat and conditional use permit proposing multi-family
and commercial lots on the subject site (PP-05-023 & CUP-05-024). Staff does
not anticipate that the applicant plans to rezone the subject property in the future
if the accompanying CUP/PD and PP applications are approved.
C. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turning into a commercial area by means of conditional use
pernùts;
The existing proposal is consistent with the Comprehensive Plan. Staff does not
anticipate additional commercial or other uses other than the uses planned for the
site.
Silver Oak Subdivision Exhibit G
D. Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
Staff finds that a substantial portion of the land to the north has been developed
(or approved for development) in a manner harmonious to the proposed
subdivision, with single-family dwelling units.
Neighboring Ada County parcels are very large lots with heavy agricultural uses.
This development is proposing significantly smaller lots, but within the
acceptable limits for a high density development bordering a mixed use and
industrial area.
Black Cat Road is currently being improved and Franklin Road (east ofTen-Mile
Road) is currently scheduled within ACHD's Five Year Work Program or Capital
Improvements Plan (CIP) for roadway widening in 2010. Franklin Road west of
Ten-Mile Road is in the planning phases but is currently not funded for
construction.
This entire development is not currently serviceable by the City of Meridian's
sanitary sewer system. The site shall be served by a connection in Chesterfield
Subdivision. If this development is approved, it shall be subject to extending the
sewer system. Other urban services, such as water, are near to this site and the
applicant should be able to extend such services to the site in cooperation with
Meridian Public Works. Staff finds that the subject site is denser than surrounding
proposals but provides a housing type which has not been utilized in the
immediate vicinity. The overall proposal is consistent for development in a
fashion similar to other properties in the area.
E. Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
The applicant has submitted several front elevations for the proposed multi-family
homes and commercial offices. If the homes are constructed in substantial
compliance with the submitted elevations, they will be similar in design to other
uses in the area. The existing character of the area will, and is, currently changing.
However, this is one of the first developments to apply for residential uses south
of the Union Pacific Rail Road. This development will set the tone for how the
rest ofthis area, particularly the west, develops or does not develop as High
Density Residential.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
Silver Oak Subdivision Exhibit G
Due to other existing and proposed uses near the site, staff does not anticipate that
the proposed zoning/uses will be physically hazardous to future or existing uses or
neighbors in the area. The northern property line should be adequately fenced to
not allow access to the UPRR property. The Kennedy Lateral should be
adequately fenced to not allow access to the open waterway. The Kennedy
Lateral should be piped as per MCC 12-4-13 or as waived by the N amp a Meridian
Irrigation District.
Staff recommends that the Commission and Council rely on staff analysis,
comments from other agencies, and public testimony to detennine whether the
proposed use will be disturbing or hazardous to the existing neighboring uses and
future expected uses in this vicinity.
G. Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
If this development is approved, it shall be subject to extending the sewer system.
Other urban services, such as water, are near to this site and the applicant should
be able to extend such services to the site. Water to serve this development is
existing or currently under development with Chesterfield Subdivision. The
applicant shall be responsible for the extension of utilities to and through this
proposed development. Sizing and routing shall be coordinated with the Public
Works Department.
The applicant and/or future property owners will be required to pay park and
highway impact fees as well as construct on-site stonn water drainage facilities.
Based on the comments received from other agencies/departments, staff finds that
the public services listed above can be made available to accommodate the
proposed development. The Commission and Council should reference any
written and/or verbal testimony submitted by any public service provider,
regarding their ability to adequately service this project.
H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
If approved, the developer will be financing the extension of sewer, water, public
street infrastructure, utilities and irrigation services to serve the project. The
primary public costs to serve the future residents will be fire, police, school
facilities and services, Staff finds there will not be excessive additional
Silver Oak Subdivision Exhibit G
requirements at public cost and this development will not be detrimental to the
economic welfare of the community.
I. Will the proposed uses not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
Staff recognizes that traffic and noise will increase with the approval of a
development on this site; however, staff does not believe that the amount
generated will be detrimental to the general welfare ofthe public. Staff does not
anticipate that annexation and development in accordance with current city code
and the Comprehensive Plan will create excessive noise, smoke, fumes, glare, or
odors.
Fencing along all canals and waterways shall be a minimum of 6' in height and
constructed of non-combustible materials as to not interfere with regular
maintenance of ditches and waterways by Nampa Meridian Irrigation District.
J. Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
The applicant is proposing to construct one shared public street entrance into the
site from Franklin Road and a private street connection to the east with future
connection to Ten-Mile Road. The proposed public street entrance to Franklin
Road has been proposed to ACHD. ACHD has made several recommendations
on the public road system for access to the development. Staff has concerns with
the limited public access for the scale of the project. It is staffs opinion that a
public stub street should be provided to the west for future multi-family
extensions and to provide public service access to the commercial portions of the
project. The public stub street shall terminate in an approved method by ACHD.
The applicant shall also provide cross access to the A vest Property located
Northeast ofthe site. The development agreement for this site was approved by
the City of Meridian and requires a secondary access for emergency service. The
applicant may also extend the public street at the discretion of ACHD in order to
provide the appropriate connection.
If all vehicular approaches (streets) are approved and constructed in accordance
with ACHD policies, staff does not believe that the subdivision will create
interference with traffic on the surrounding public streets. Please review any
comments from ACHD for this project for additional information regarding this
finding.
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
Silver Oak Subdivision Exhibit G
There are many game species in the vicinity which use the Ten-Mile and Kennedy
Lateral systems for habitat. These areas will be altered through the development
of the site.
Any existing trees larger than 4" caliper that are removed should be mitigated for,
per the Landscape Ordinance.
Staff recommends that the Commission and Council reference any public
testimony that may be presented to determine whether or not the proposed
development may result in the destruction, loss or damage of a natural or scenic
feature(s) of importance of which staff is unaware.
L. Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)?
In accordance with the findings listed above, staff finds that the
annexation/zoning of this property, as proposed by the applicant, would be in the
best interest of the City.
Silver Oak Subdivision Exhibit G
EXHIBIT H
Silver Oak Subdivision
PP~05-023
Prelinùnary Plat Findings
PRELIMINARY PLAT ANALYSIS
Meridian City Code (MCC) 12-3-3 1.2 and 12-3-5 D read as follows: "In determining the
acceptance of a proposed subdivision, the Commission/Council shall consider the
objectives of this title and at least the following:
A.
The conformance of the subdivision with the Comprehensive Development
Plan;
Please see Annexation and Zoning Analysis "A" above,
B.
The availability of public services to accommodate the proposed
development;
Please see Annexation and Zoning Analysis "G" above.
c.
The continuity of the proposed development with the capital improvement
program;
Because the developer will be required to install sewer, water, and utilities for the
development at their cost, staff finds that a development on this property will not
require the expenditure of capital improvement funds.
D.
The public fmancial capability of supporting services for the proposed
development;
The development will not require major expenditures for providing supporting
services. Staff recommends the Commission and Council rely upon comments
submitted from the public service providers (i.e. police, fire, ACHD, etc.) to
determine this finding. (See finding "G" under Annexation and Zoning Analysis
above, and the Agency Comments and Conditions at the end of this report for
more detail.)
Silver Oak Subdivision Exhibit H
E.
The other health, safety or environmental problems that may be brought to
the ComDÙssion's attention.
Staff finds that there should not be any health, safety or environmental problems
associated with this subdivision that should be brought to the Council or
Commission's attention; other than the Kennedy Lateral and Railroad separation
issues previously discussed. ACHD considers road safety issues in their analysis.
Staff finds the Commission and Council should rely on any public testimony that
may be presented to determine whether the proposed use may cause health, safety
or environmental problems of which staff are aware.
SPECIAL CONSIDERATIONS-PRELIMINARY PLAT
1. Public Streets and Access: +he apl"lieaat is not proposing to Coflstruet through
æaès-. The unnamed connection to Franklin Road will be constructed in
cooperation with future projects to the east and existing projects to the north via
Silver Oak Drive and Silver Oaks Circle. These roads will serve as collector
streets in this area and will provide access to Franklin Roads for all parcels in this
section. Staff is supportive of a broader collector street design, as it will provide
access to future development across Kennedy Lateral and to the north for all
parcels in this section the applicant has indicated acceptance of this design if
required by the Commission and Council. Staff feels this recommendation is
essential as public access to the north is impeded by the UPRR.
2.
Right-of-way & Landscape Buffers:
Arterial Streets: Staff recommends that the applicant comply with the ACHD's
requirements for right-of-way dedication along Franklin Road.
Collector Roads: Staff recommends that the applicant comply with staffs
recommended public street layout.
Landscaping and sidewalks adjacent to Franklin Road should be constructed in
compliance with MCC 12-13-10. A 25-foot wide landscape buffer, located
entirely outside of the right-of-way and not including the width of the sidewalk,
should be provided along arterial roadways. A 20-foot wide landscape buffer,
located entirely outside ofthe right-of-way and not including the width ofthe
sidewalk, should be provided along collector roadways. See Site Specific
Condition #2 below.
3.
Stub Streets: The applicant is not proposing to construct stub streets to adjacent
parcels. Staff is supportive of the proposed stub street location across the
Kennedy Lateral at an east west location that would bisect the Proposed Lots 1
and 2.
Silver Oak Subdivision Exhibit H
9.
4.
Unimproved Right-of-Way: Meridian City Code 12-13-10-9 requires a lO-foot
wide gravel shoulder abutting right-of-way where the unimproved portion of the
right-of-way is greater than 13 feet (measured from the edge of pavement to the
edge of sidewalk or property line), and road widening is not in the ACHD Five
Year Work Program. The remainder of the unimproved right-of-way should be
landscaped with lawn or other vegetative groundcover. Franklin Road abutting
this site meets the warrants for the lO-foot wide gravel shoulder requirement
listed above. Therefore, the applicant should be required to construct a lO-foot
wide gravel shoulder on Franklin Road, with the remaining portion of the right-
of-way being landscaped with lawn or other vegetative groundcover. See Site
Specific Condition #2 below,
5.
Internal Streets: The applicant is proposing to construct internal cross access
streets located within the proposed lots. These roadways have undefined street
sections with 646 residential parking stalls and 55 commercial parking stalls
located along one or both sides of the drive aisle. Staff is supportive of this
design as long as the conditions of approval are met and emergency service is not
impeded by the parking layout.
7.
Piping of Ditches: All irrigation ditches, laterals or canals, exclusive of natural
waterways, intersecting, crossing or lying adjacent and contiguous to the area
being subdivided shall be tiled per MCC 12-4-13. Unless otherwise approved by
Nampa and Meridian Irrigation District. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch owners),
with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval cannot be obtained, plans will be reviewed
and approved by the City Engineer prior to final plat signature. See Site Specific
Condition #4 below.
8.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation
systems be supplied by a year-round source of water (MCC 12-13-8.3). The
applicant should be required to utilize any existing surface or well water for the
primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point
connection is utilized, the developer shall be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the City
Engineer. An underground, pressurized irrigation system should be installed to all
landscape areas per the approved specifications and in accordance with MCC 12-
13-8 and MCC 9-1-28. See Site Specific Condition #5 below.
Fencing: The applicant has proposed to construct fencing around the perimeter of
the site. Fencing along all canals and waterways shall be a minimum of 6' in
height and constructed of non-combustible materials as to not interfere with
Silver Oak Subdivision Exhibit H
regular maintenance of ditches and waterways by N amp a Meridian Irrigation
District. A detailed fencing plan should be submitted upon application of the final
plat (MCC 12-4-1 0.F.3). If pennanent fencing is not provided, temporary
construction fencing to contain debris must be installed around the perimeter prior
to issuance of a building pennit. All fences should taper down to 3 feet maximum
within 20 feet of all right-of-way. All fencing should be installed in accordance
with MCC 12-4-10. See Site Specific Condition #6 below.
10.
Sanitary Sewer The entire development is not currently serviceable by the City of
Meridian's sanitary sewer system. The site shall be served by a connection
through Chesterfield Subdivision and piped under the UPRR. Proceeding through
the approval process is strictly the risk of the applicant. The City of Meridian
does not guarantee sewer service within the development time limitations outlined
in Meridian City Ordinance. See Site Specific Condition #8 below.
Silver Oak Subdivision Exhibit H
EXHIBIT I
Silver Oak Subdivision
CUP-05-024
CUP/PD Findings
CONDITIONAL USE ANALYSIS
The ComDÙssion and Council shall review the particular facts and circumstances of
each proposed conditional use in terms of the following and may approve a
conditional use permit ifthey shall fmd evidence presented at the hearing(s) is
adequate to establish (11-17-3):
A.
That the site is large enough to accommodate the proposed use and all yards, open
spaces, parking, landscaping and other features as may be required by this
ordinance;
As part of the Planned Development (PD) the applicant is requesting relief from
the standard street frontage requirement and number of buildings per lot, as
required by Meridian City Code. See Special Consideration #1 below for detailed
analysis.
Staff finds that the subject property is large enough to accommodate the requested
use and all other required features. Although the site is large enough to
accommodate all of the features required by ordinance, the applicant has asked,
through the Planned Development, to modify specific development standards.
B.
That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
Staff finds that the proposed multi-family residential subdivision, with a gross
density of 12.26 dwelling units per acre, is generally hannonious with and in
accordance with the 2002 Comprehensive Plan and Future Land Use Map, which
designates the site to be "High Density Residential". Furthermore, the
Professional Offices and Daycare can be accommodated as the neighboring land
uses are industrial, commercial, and mixed use as well as fitting the zoning use
exception standards of the Planned Development (provided the Commission and
Council grant the requested planned development). Please see Annexation &
Zoning Analysis "A" above.
c.
That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
Silver Oak Subdivision Exhibit I
I.
change the essential character of the same area;
Please see Annexation & Zoning Analysis "E" above.
D.
That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
Staff recommends that the Commission and Council rely upon public testimony,
staffs analysis, and other agency comments when detennining if the proposed
uses will adversely affect other properties in the vicinity.
E.
That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
Please see Annexation & Zoning Analysis "G" and "H" above, the Other
Agency/Department Comments and Conditions at the end of this report, and any
comments that may be submitted to the City Clerk regarding this project.
F.
That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
Please see Annexation & Zoning Analysis "H" above.
G.
That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
Please see Annexation and Zoning Analysis "I" above.
H.
That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
Please see Annexation & Zoning Analysis "J" above. The Commission and
Council should review any comments received from the ACHD provide for this
project when detennining this finding.
That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
Please see Annexation & Zoning Analysis "K" above.
Silver Oak Subdivision Exhibit I
Silver Oak Subdivision Exhibit I