HomeMy WebLinkAboutSilver Oaks DA
PARTIES:
1.
2.
DEVELOPMENT AGREEMENT
City of Meridian
Charter Builders, Inc., Owners/Developers
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this ,9'1.11' day of~£eeÞllJci ,2005, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called "CITY' , and Charter Builders,
Inc., hereinafter called "OWNERS/DEVELOPERS".
1.
RECITALS:
1.1
WHEREAS, "OWNERS/DEVELOPERS" are the sole owners, in
law and/or equity, of certain tract of land in the County of Ada, State
of Idaho, described in Exhibit "A" for each owner, which is attached
hereto and by this reference incorporated herein as if set forth in full,
herein after referred to as the "Property"; and
1.2
WHEREAS, I.C. § 67 -6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owners/Developers" make a written commitment concerning the use
or development of the subject "Property"; and
1.3
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4
WHEREAS, "Owners/Developers" have submitted an application
for annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (R-15) Medium High Density
Residential District and (L-O) Limited Office, (Municipal Code of the
City of Meridian); and
1.5
WHEREAS, "Owners/Developers" made representations at the
public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
subject "Property" will be developed and what improvements will be
made; and
1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
DEVELOPMENT AGREEMENT (AZ 05-016) SILVER OAKS SUBDIVISION
PAGE 1 OF 10
1.7
1.8
1.9
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and.
WHEREAS, City Council, the 11 th day of October, 2005, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter referred to as (the "Findings"); and
WHEREAS, the Findings require the "Owners/Developers" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
"OWNERS/DEVELOPER" deem it to be in their best interest to be
able to enter into this Agreement and acknowledge that this
Agreement was entered into voluntarily and at their urging and
requests; and
1.10
WHEREAS, "City" requires the "Owners/Developers" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for zoning designation from
government subdivisions providing services within the planning
jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6,2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11 and Title 12.
NOW, THEREFORE, in consideration ofthe covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires otherwise:
DEVELOPMENT AGREEMENT (AZ 05-016) SILVER OAKS SUBDIVISION
PAGE 2 OF 10
3.1
4.
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2
"OWNERS/DEVELOPERS": means and refers to Charter
Builders, Inc., whose address is 405 S. 8th Street, Suite # 290, Boise,
Idaho 83702, the party developing said "Property" and shall include
any subsequent developer( s) of the "Property".
3.3
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit "A" describing the parcels to be annexed and
zoned R-15 (Medium High Density Residential) and L-O (Limited
Office) attached hereto and by this reference incorporated herein as if
set forth at length.
USES PERMITTED BY THIS AGREEMENT:
4.1
The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 Π& G) which are herein specified as follows:
Construction and development of either a conditional use permit or
a planned development application shall be submitted to the City of
Meridian prior to afuture development in the R-15 and L-O zone,
and the pertinent provisions of the City of Meridian Comprehensive
Plan are applicable to this AZ 05-016 application.
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owners/ Developers" have
submitted to "City" an application for conditional use permit site plan dated March 14,2005,
and shall be required to obtain the "City'" approval thereof, in accordance to the City's
Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition
of, the commencement of construction of any buildings or improvements on the "Property"
that require a conditional use permit.
DEVELOPMENT AGREEMENT (AZ 05-016) SILVER OAKS SUBDIVISION
PAGE 3 OF 10
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1 "Owners/Developers" shall develop the "Property" in accordance with the
following special conditions:
1. That the applicant will be responsible for all costs associated with the
sewer and water main line extension from the sewer main office to the
property boundaries. However, applicant may request that the City enter
into an agreement with the applicant such that all or a portion of the costs
of extending the sewer and water lines will be reimbursed, in compliance
with Meridian City Code Sections 9-1-13 and Section 9-4-19.
2. 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.
3. That all future development ofthe 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.
4. That the applicant shall be responsible for all costs associated with piping
the Kennedy Lateral, unless specifically waived by Nampa Meridian
Irrigation District.
5. The applicant shall provide construction materials similar to wainscoting,
brick, or cultured stone to provide architectural appeal to the front of the
buildings.
6. The applicant shall provide additional modulation to the buildings to
provide additional building relief.
7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owners/Developers" or "Owners/Developers" heirs, successors,
assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject
Property" of this agreement within two years of the date this Agreement is effective, and after
the "City" has complied with the notice and hearing procedures as outlined in Idaho Code §
67-6509, or any subsequent amendments or recodifications thereof.
DEVELOPMENT AGREEMENT (AZ 05-016) SILVER OAKS SUBDIVISION
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8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owners/Developers" consents upon default to the reversal of the zoning
designation of the "Property" subject to and conditioned upon the following conditions
precedent to-wit:
8.1
That the "City" provide written notice of any failure to comply with
this Agreement to "Owners/Developer" and if the
"Owners/Developers" fails to cure such failure within six (6) months
of such notice.
9. INSPECTION: "Owners/Developers" shall, immediately upon completion
of any portion or the entirety of said development of the "Property" as required by this
agreement or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and written approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Agreement and all other
ordinances of the "City" that apply to said Development.
10.
DEFAULT:
10.1
10.2
In the event "Owners/Developers", "Owners' /Developers'" heirs,
successors, assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions included in this
Agreement in connection with the "Property", this Agreement may be
modified or terminated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
A waiver by "City" of any default by "Owners/Developers" of any
one or more of the covenants or conditions hereof shall apply solely
to the breach and breaches waived and shall not bar any other rights
or remedies of "City" or apply to any subsequent breach of any such
or other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owners/Developers" cost, and submit proof of such recording to "Owners/Developers",
prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning
DEVELOPMENT AGREEMENT (AZ 05-016) SILVER OAKS SUBDIVISION
PAGE 5 OF 10
of the "Property" by the City Council. If for any reason after such recordation, the City
Council fails to adopt the ordinance in connection with the annexation and zoning of the
"Property" contemplated hereby, the "City" shall execute and record an appropriate
instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owners/Developers", or by any successor or successors in
title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate
action at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
13.1
13.2
In the event of a material breach of this Agreement, the parties agree
that "City" and "Owners/Developers" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
In the event the performance of any covenant to be performed
hereunder by either "Owners/Developers" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5-3, to insure that installation ofthe improvements,
which the "Owners/Developers" agrees to provide, if required by the "City".
DEVELOPMENT AGREEMENT (AZ 05-016) SILVER OAKS SUBDIVISION
PAGE 6 OF 10
15. CERTIFICATE OF OCCUPANCY: The "OwnerslDevelopers" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owners/Developers" has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "OwnerslDevelopers" agrees
to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Agreement, and the
Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
OWNERS/DEVELOPERS:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
CHARTER BUILDERS, Inc.
405 S. 8th Street, Suite 290
Boise, Idaho 83702
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ill 83642
17.1
A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
DEVELOPMENT AGREEMENT (AZ 05-016) SILVER OAKS SUBDIVISION
PAGE 7 OF 10
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Owners/Developers" ofthe "Property", each subsequent
owner and any other person acquiring an interest in the "Property". Nothing herein shall in
any way prevent sale or alienation of the "Property", or portions thereof, except that any sale
or alienation shall be subject to the provisions hereof and any successor owner or owners
shall be both benefited and bound by the conditions and restrictions herein expressed. "City"
agrees, upon written request of "Owners/Developers", to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "Owners/Developers" has fully performed its obligations under this
Agreement.
21. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owners/Developers" and
"City" relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
"Owners/Developers" and "City", other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this Agreement shall
be binding upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
No condition governing the uses and/or conditions governing re-zoning of the
subject "Property" herein provided for can be modified or amended without
the approval of the City Council after the "City" has conducted public
DEVELOPMENT AGREEMENT (AZ 05-016) SILVER OAKS SUBDIVISION
22.1
PAGE 8 OF 10
hearing(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning ofthe "Property" and execution of
the Mayor and City Clerk.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERS/DEVELOPERS:
Charter Builders, Inc.
rxI~ J>. t7~
CITY OF MERIDIAN
BY:
MAYOR TAMMY de WEERD
Attest:
CITY CLERK
DEVELOPMENT AGREEMENT (AZ 05-016) SILVER OAKS SUBDMSION
PAGE 9 OF 10
STATE OF IDAHO, )
: ss:
County of Ada,
)
On this Iq~ day of ~~ , 2005, before me, the
undersigned, a Notary Public in and for said State, personally appeared
C'1"'Å)r~1='. D' tJeo-\ , on behalf of Charter Builders, Inc., known or
identifie to me to be the ~ø~.t\-\- of said corporation, who executed the
instrument on behalf of said corporation, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
(SE
C1-.~.J..C ~ ~.J. 0 0" ~
l~tary Public for Idaho
~siding at~' tI ~ ~~
My Commission ExPires:d:\ \ D
STATE OF IDAHO )
: ss
County of Ada
)
On this day of ,2005, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified
to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate flfst above written.
(SEAL) Notary Public for Idaho
Residing at:
Commission expires:
DEVELOPMENT AGREEMENT (AZ 05-016) SILVER OAKS SUBDIVISION
PAGE 10 OF 10
EXHIBIT A
Silver Oak Subdivision
AZ-O5-016
Legal Description
~_.._-....._. ".-"...---...'-'-...-'--
EXHIBIT A
Leg,¡! DeSlTiption f[) ,
TcII :'I me Dcvelopment. LLC
fraq ¡ in Four-rlex
Residcntial Site
A pared ..eland bt.:in~ a portion oflhe WIll of the SEll.. and the E 1/2 of the SW¡/4 of
Section /(I, Tmvnship .<'\Iorch, Range I \-Vest, Boisè .'-,feridi~n, Ada County- lda!w, and
more panicuJarly descrihed ¡¡, [oJlows.
Commencing at a 5/8 incb [('bar marking thè Sf COllier of said Section] 0, thlOncè along
tlit.: South lin,;, of said Section 1O, aJ50 being the cenierlinc of Franklin Road,
N89"40'29"Wa distar¡ce of ] :08,52 fee! lO a 1/2 inch rebar, and from which a brass Gap
nwrking the SW COmer of the SF I i4 of said Sedion I Ü b<:ars N89"40'1'Ì"\V a distance of
931.<'):1 fed, thence leaving said South line NOO"09'31"E a distance of 25_00 feet to a
point in lhe cen1er!ille of the Kennedy T.~ler~I, thence meandering along the centerline of
said Kennedy Lat<:raJ N41"OJ '29"W a dislunce of 300_00 feet 10 a point, lhenee
"-i4 1 "I 5':!'r'\\' a disl,mce of 190_55 làt [() a point being the POINT OF BEGIN)\;TNG:
Thcnct' continuing along said cenkrline N41"15'19"W a dislance of 109.45 ti:et to a
point;
ThellCc' N39"OG'29"W ;J. distance of 490.UO feet !O a point;
Thence N32"46'29"W 11 distance of 4l19.25 f.::et to a point on the West line of said SR] ¡.+;
Thence N32"..6' 29"W a distance of 280.::1 feet 10 a poinc;
Thence N43"22 '29"\V a distance of 99_57 feello a point;
Then"c' leaying said G(:nlerlir¡e of the Kennedy Larera] NOO"J3'O]"E a distance of8Ui]
feel (fbm1<:rIy NU(J"0l)'3] "E a dbtance of 88,02 feet) III a j/8 inch rebar on thc South
tight-or-way line of Ihe Union Pacific Railmad;
Thence along said 50mh right.or-way line 588"52"53"E (foITl1erly 588"51 '50"E) a
distance of 1330,73 feet 10 a 5/8 inch rebar;
Thcnce leaving said South right-of-way line SOl .08']O"W a dist¡U1cc of 11 04.39 feet to a
poillt;
'J'hcm:c N89"09' I T'W a distann: of V)ó.2 7 feet to a point;
Them:,;, S48"48'45"W a distance of 118_9(, fee! to the PONT OF BEGINNING;
Said parc.cl contains] /!94,08 7 square feet or 15.11 acres, more or less and is subject to
all existing eascmer¡(s and rights-or-ways (If record or implied-
Silver Oak Subdivision Exhibit A
¡
I
I
[XIlIRlT .-\
Ll"gal Description for
Ten i\tile DeWlopme,,!, Ltc.
FI'anklin FolfI'-I'lex
Comrnncial Silt
A paret::! of land being a portion oith", W¡ '2 of the SEli4 of Section lV, Tc.wnslup J
North, Range J \Ve~t, Boise MeridIan, Ada Collnty. Idaho, and more pariicularJ.v
describcd as tollow:;:
Commencing (t{ a 5/8 inch retIal marking the SE Comer of said Section 1O, thence along
the South line of said Section 10. also being the cenlerJine of Franklin Road,
NSlJ"40'29"\V [\ distance of 1558.52 feet to a 5/8 inch rcbar being the POrKT OF
BEGrNNII'Ki. and frum which a brass cap marking the SW Comer of the SEli4 ofsajJ
Senion I n bears N89"40' 29"W a distance øf W82,O5 feet
Thence cuntinuing along said Somh line N89Ú4(¡'2lJ"W a distnne," of] 5(1,00 feel to a 112
inch rchar;
Thence JeHI'ing said South line NOO"O') '31 "E a distance of 25.00 feet ro a point 111 the
cerHtrlin/? of the J.::ennedy Lateral;
Thence meandering along the cenkrline of said K trilled}' Lateral the following courses
and distances:
Thence N42"(I.ì'29"\\' a distance of JOO,OÜ fcetlo it point;
Thencc N41 "15'29"W a distance of 190.55 feetlo it poim;
'Illenee kal"ing the cenlerline of said J.::ennedy Lateral N4Sú..¡8'45"E a distance of 1 8.96
to a point;
Thence S89úl!')"¡ T'E a distance lIC 39627 to a point;
Thètlce SO I "OS' I ()"ìV a distance of 464.42 feet to the POINT OF BEGTNJ'.HNG;
Said parcel contains approximately 153,711 squarE: feet or 3,53 acres, morc Or less and is
suhject to n1J existing easements and Jights"of-ways ofrecord or implied,
Silver Oak Subdivision Exhibit A
,Y
'.
"
£K~~b-t* '5
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-IS (Medium-High Density Residential) and L-O (Limited Office), (File No.
AZ-OS-016) and a Preliminary Plat of one (1) multi-family lot, and one (1) commercial
office lot, (File No. PP-OS-023) and a Conditional Use Permit for a Planned Development
consisting of 70 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-OS-026) by Ten-Mile Development, LLC
For the City Council Hearing Date of: October 11, 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 ofrecord 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.
b.
The matter was duly considered by the City Council at the October 11, 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.
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).
c.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
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-O5-016 / PP-O5-023 / CUP-O5-024- PAGE I of5
-
.,"
3. Application and Prope11y Facts
a. In addition to the application and prope11y facts noted in the staff repo11 and the
Planning & Zoning Recommendation for the subject appJication(s), it is hereby
verified that the prope11y 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 confeITed upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (Lc. §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
CUITent 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 fi-om 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 Planned Development Site Plan dated
August 17,2005 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-O5-016 / PP-O5-023 ¡ CUP-O5-024- PAGE 2 of5
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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
August 17, 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 pennit 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 11-17-4.8.)
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 of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
E.
Notice of Final Action and Right to Regulatory Takings Analysis
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-O5-016/ PP-O5-023 / CUP-O5-024- PAGE 3 of5
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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 ta)œ notice that this is a final action of the govel11ing body ofthe 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 pennit approvall11ay 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:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Legal Description
Approved Preliminary Plat (with conditions)
Approved Site Plan (with conditions)
Annexation and Zoning Col11111ents
Preliminary Plat Site Specific and Standard Conditions
CUP/PD Site Specific and Standard Conditions
Zoning Amendment Findings
Preliminary Plat Findings
CUP/PD Findings
By action ofthe City Council at its regular meeting held on the
O~~ ,2005.
/ / .r~ day of
VOTED~
VOTED 1l6~
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER CHRISTINE DONNELL
VOTED~
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
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 4 of 5
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Attest:
and City Attorney.
By:Sh aA dÝ/ ~~
City Clerk's Office
I{)~ /t(-{) 5
Dated:
CITY OF MERIDIAN FiNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-016 / PP-O5-023 / CUP-O5-024- PAGE 5 of5
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STAFF SUMMARY
OF
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
Transmittal Date:
October 6, 2005
Project Name:
Silver Oaks Subdivision
Case No(s):
AZ-05-016/PP-05-023/CUP-05-026
Applicant:
Ten-Mile Development, LLC
P&Z Commission Hearing Date(s):
City Council Hearing Dates:
June 16, 2005 ~ Recommendation for approval
July 26, 2005 - Motion for Denial
August 16, 2005 - Request for reconsideration
September 20, 2005 - Motion for Approval
October 11, 2005- Findings prepared
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 Permit Approval for a Planned Development consisting of 70 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 Commission:
1. Allowing a private street or a public street for proposed Silver Oak Circle.
2. Vehicular circulation for Daycare
3. Cross access £Tom Church site and storage site through the private road system
4. Addressing of units
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5. Parking and landscaping of units
6. Lease units or file a condominium plat for individual ownership of each tmit
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 Commission Changes to Staff Recommendation:
The Commission made several minor changes to the staff report at staff's recOllli11endation.
.
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 cOlmection 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 strikethrough and bold type in Exhibit E (Preliminary Plat) for changes.
D. Key Council Changes to ComDÚssion Recommendation:
The Council made several minor changes to the staff report and Commission
recommendation at the September 20,2005 meeting. Staff has prepared findings to
address the modifications made to the Conditional Use site plan dated August 17, 2005 as
attached in Exhibit C with the comments made during the Council hearings. The revised
site plan includes a request amendment to change the number of units from Seventy-seven
(77) to Seventy (70).
The following conditions of approval were included with the findings and Exhibits D and
F as attached.
.
The applicant shall provide construction materials siDÚlar to wainscoting, brick, or
cultured stone to provide architectural appeal to the front of the buildings.
The applicant shall provide additional modulation to the buildings to provide
additional building relief.
.
E. Outstanding Issue(s) for City Council as of October 11,2005:
None.
F. Preliminary/Final Plat
1. Date of Revised Preliminary Plat: 6~22-05
2. Date of Site Plan: 8~ 17-05
3. Date of Landscape Plan: 3-11-05
G. Recommended Conditions of Approval (by Commission, if applicable)
See attached Exhibits D, E and F
"
EXHIBIT A
Silver Oak Subdivision
AZ-O5-016
Legal Description
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EXHIBIT A
Legal f)escriptiull for
Ten '\/llc Ðt'\"elnpmcnL U.C
Franklin Fnllr-Plex
Residential Site
A pared "nand being a portion oC the W]/~ vI' the Sf /4 and the F 112 of lk S \\'1 /4 of
Section I Il, Township J'\ orth, Range I Wesl. Boise Meridian, Adii County, Idah':I, and
more panicL¡]¡Jrh described as tallows
Col1llllenê-ing at a 5Æ inçj¡ rebar marking ¡11(O SE COmer of said Section 1O, (Ilene", aJOl1g
the Soulh lint of said Section lO, also being the <;ðl1lerline: of Franklin Road-
N89"4(f29"W a distance of 1708_52 feet to J 1/2 inch rebar, and Crom Ivhich a hrass cap
marking the S\V Corner of thç SE 114 of s~id Sedion I (¡ bears N89"4(1'29"\\, a distance of
9:-2J¡5 feet, thc'r¡çe leaving said Sowh line NOCI"O9' 31"E a distanc,", of 25.00 feel to ii
point in the ((;l1lerline oC the Kennedy r .at"fa], thence Ineandering along rhe centerlir\(; oC
said K"lliledy Lateral N42"03 '29"W a dislmlce of300.00 feet to a point, tlknce
~41 "15'}')"W a distance of 190.55 fee( to a point being the POINT OF BEGINhWG:
Thcnce continuing along said centerline \14 1"15'29"W ¡¡ distance of I (19.45 feet tCI a
poin!:
Thenc" N39"OG-}(j"W ;:¡ distance of 49C1,OO feet to a point;
Thence N32"46'29'"W a dislarKë of 409.25 feel to a p(Jint Oil the \\'esiline of said 51:'. 1/-1;
Tbcnec N32"46'29"W a dÌi;lance of 2S0-75 feer to a pClint;
Thenee N43"22'29"W a distance 0[99.57 feN 10 a point;
TheflCe' leaving said cenlcrlineofthc Kennedy Lateral NOO"13'OI"E 11 di~tance o[87_li]
Co'er (formerly NOO"Oc)' 3]"E a distano:e oC 88.02 feet) to a 518 inch rebar on the S(,uth
right-oC-way line of the Union Pacific Railroad;
Thence along said S'JlIlh right-of-way line S88"52 '53"]3. (fonncrly S88"51' 50"E ¡ ;;
diSTance of] 330.73 feet to a 5/8 inch !'eon,;
Thence leHving said South dght"of,way lin~ SOl "08' ¡ O'"W a distan,~c of 11 04,39 feet tQ a
point:
Thence NSt)"09' I7"W a distance of 391;-27 feet 10 a point;
Thence 848"48' 45"\\, a distance of 118,96 fee1 to the POINT (IF BE Gr;-'¡-l\ilNG;
SHid parcel contains 1,094,087 square feet or 25.12 acres- more or less and is subject to
all existing easemcnls and rights-()[-ways or record or implied.
Silver Oak Subdivision Exhibit A
EXmBIT A
Legal De~c"ipt¡on I'M
Ten Mile Den:Jopmellt, LLc.
Fnmldin Four-Pin
Commercial Site
A pw-c", orland h~illg ¡¡ pol1ion CI(lhe W1/2 of the SEli4 eofSection 1O, Township 3
Nodh, Rang", I West, Boíse Meri(tiall. Ad~, COUnty, idaho, and more panjcllbrJy
described as (,,!lows:
Comrnençillg at a 5B inch rcbar marking [he SE CoTner of said Section 1O, lhelle,," along
the Soulh line of said Section 1O, als() being the cenlürline of FrJnklin Road,
J\ii;9"40'2<)"'¡.va distance of 1558_52 ¡"et to a 5iS inch rcbar being the POIKT OF
BEGfNJ\'TNG, and horn which a brass cap marking the SW Comer ofthe SR]/4 of said
Section 10 bears N8C)"40'29"W a distance of 1082.05 teer;
Tlwnce cotllÎlllIing along said SOluh line NS9"4()'29"\V a distan,,:e of 15(1,00 fC'tJt to a 1/2
inch rcbar;
Thelle(' k;¡ving said South line NuO"O9 -J I "E a distance of 25.00 feet to a point in the
centerline of the Kennedy Lateral;
Tlwnee meandering along the c,:nkrline of said Kemledy Latera] the (ÒlIowing courses
¡md distances:
Thenc~' N42"n3 '19"\\' J distance of JO(l,OÜ J~et to a point;
Thence N41"15'29"\V J òistance of 190.55 fee! to ¡¡point;
Thenct: !caving lhe centerline of said Kennedy Lateral N48"48 ASHE a distance of I ] 8. 9f,
to ;¡ powt;
Thence S89"lI<'¡'1 T'E a distance 01"396.27 to a point;
Thence SO I "08' 1 (j"W a distance of 464.42 feet to the POINT OF BEGINNING;
Said parcel con(ai 11$ approximately 15 J, 711 square feet or 3.53 ilcres, 1110rc or Jess and is
subjed to all existing e¡lsemems amllights-of-ways ofrecord or implied.
Silver Oak Subdivision Exhibit A
EXHIBIT B
Silver Oak Subdivision Exhibit B
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Silver Oak Subdivision Exhibit C
EXHIBIT D
Silver Oak Subdivision
AZ-O5-016
Annexation and Zoning Comments
ANEXA TION & ZONING COMMENTS
1. The mIDexation 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 mIDexatioll 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.
The applicant shall provide construction materials similar to wainscoting, brick,
or cultured stone to provide architectural appeal to the front of the buildings.
The applicant shall provide additional modulation to the buildings to provide
additional building relief.
.
.
.
.
.
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, is
approved, with the conditions listed herein. All comments/conditions of the
accompanying Annexation/Zoning (AZ-05-016) and Conditional Use Pennit
(CDP-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.0 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 to-foot wide landscape strip along the local public
street (Silver Oaks Circle) 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 fÌ'ee of
"wet ponds" or other such nuisances. All stonnwater 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 fÌ'om 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 th.e means and location of the
stonn 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, 10-1-91) for all private roads and off-street parking areas. Stonn water
Silver Oak Subdivision Exhibit E
treatment and disposal shall be designed in accordance with Depmiment of
Environmental Quality 1997 publication Catalog of StO1111W ater Best
Management Practices for Idaho Cities and Counties mld City of Meridian
stmldm"ds 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 applicmlt 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 watelways,
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, altel11ate 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 m"eas 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.
7.
Maintenance of all common areas shall be the responsibility of the Silver Oaks
Homeowners' Association.
8.
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 propeliies.
The applicant shall coordinate main sizing and routing with City of Meridian
Public Works Depaliment, and execute City of Meridian's standard fo1111s 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 confonn to the master plan.
9.
An 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 fo1111s 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 fmal plat restricting
access to Franklin Road.
GENERAL REOUIREMENTS-P-ßIDJ,MINARY ~
1. All grading ofthe site shall be perfonned in confonnance with MCC 11-12-3H,
Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuantto 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
15.
6.
Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will
be required at locations designated by the Public Works Depmiment. 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
detennined after power designs are completed by Idaho Power Company. The
street light contractor shall obtain design and pennit from the Public Wodes
Department prior commencing installations.
7.
Any tree over 4" in caliper that is removed trom 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 Meridim1 Post Office.
9.
Any existing domestic wells and/or septic systems within this project will have to
be removed trom 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 iITigation.
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 detennined 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.
14.
The applicant shall be responsible for application and compliance with any
Section 404 Pennitting 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 stonn 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 nonnal
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 specifìc ordinance provisions or tenus of the approved
armexation/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 AGENCY IDEP ARTMENT 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 Yz" 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 comers when spacing pennits.
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 intel11al roadways all roadways shall be
marked in accordance with Appendix D Section D 1 03.6 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 pennanent 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 Intel11ational 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 2010.
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 sepm'ation of5' ITmn the building to the dumpster enclosure.
17. Provide a Knoxbox entry system for the complex pIior 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 tills project must be within 150' of a paved
surface as measured around the perimeter of the building.
21. Provide exteIior 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
witilln the jurisdiction is more than 400 feet (122 m) ITom a hydrant on a fire
apparatus access road, as measured by an approved route around the exteIior 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 m).
23. All Daycare's with 7 or more children must pass an inspection using the criteIia of
the Idaho State Fire Marshal. If the applicant has concerns about meeting the State
Fire Marshal criteIia 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 DlOS.
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
.,1--,------Pathway and Trail standards: The proposed patlrvVay and/or tratl----sltall moct--4fle
standards as sct forth in the }.\.ugust 2003 Comprchensivo Parks lli1d Recreation
System Plan, pgs. 3 2 and 3 3, sections B & C. The pathway should connect
through to Bcllingham p&rk subdi':ision. If Bellingham Park Subdi':ision fails to
be approved the applicant sh&l1 provide on street oolli1ection from Lot 16 Block
.,16 to the Ten Mile Creek lffitil sueh a time as an extension is possible.
2. Standard f.or City to assume M&intenance of a section of Pathway: The pathway
must connect ITom one major arterial to another, and either an casement or
ownership deed must be granted before the city \vill assume the maintenance of
any section of pathway.
~inimum acreage standæ-d for City Park: The City is willing to develop and
maint&in Community Parks, Urban Parks, and Neighborhood Parks.
Neighborhood Parks will be revio'.ved on a case by case basis. The City may
eftoose to maintain neighÐorhood parks at an acreage of seven acrøs or læ-ger. It
will be the responsibility of private homeov:ner groups or associations to develop
and maintain tho smaller mini parks and some Neighborhood Parks in their
subdivision that the City does not maintain. Construetion fill and grading must be
approved by the Meridian Parks Direotor.
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, ftont 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 from 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 well-
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 from public areas such as a street or parking lot.
CENTRAL DISTRICT HEALTH DEPARTMENT
I. Run-off is not to create a mosquito breeding problem,
2. Stonnwater shall be pretreated through a grassy swale prior to discharge to the
subsurfàce to prevent impact to groundwater and surface water quality.
3. The Engineers and architects involved with the design of the subject project shall
obtain CUlTent best management practices for stonnwater disposal and design a
stonnwater 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.
B.ACHD
1.
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. Ifthe 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.
Site Specific Conditions of Approval
Dedicate 48-feet of right-of-way from 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
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 pern1it (or other required pennits), 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 light-of-way.
2.
Provide the District with a road trust deposit for the construction of ISO-linear
feet of concrete sidewalk ($20.00 per linear foot) and one half of the cost ofthe
pedestIian 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 as-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 tenninus ofthe public roadway. Construct the
turnaround at the tenninus 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.
8.
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
sta1I.
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
10.
1.
Any existing ilTigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with improving street frontages abutting the
site shall 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 of Idaho shall
prepare and certify all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of
building pennit (or other required pennits), which incorporates any required
design changes.
7.
Construction, use and property development shall be in confonnance 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 hnpact Fee Ordinance.
9.
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 tenus 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 confinnation of
any change from the Ada County Highway District.
Silver Oak Subdivision Exhibit E
11.
Any change by the applicant in the plmmed use of the propeliy which is the
subject of this application, sha11 require the applicm1t to comply with all mles,
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 propeliy 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
7.
8.
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 August 17, 2005, is approved,
with the conditions listed herein. Applicant shall meet all of the requirements of
the Annexation/Zoning (AZ-05-0l6) and Preliminary Plat (PP-05-023) as a
condition of the Conditional Use Pennit (CUP-05-024).
2.
The project shall confonn 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 Unifonn Building Code.
4.
Building materials shall include wainscoting, brick, or cultured stone materials for
the building facades.
5.
The buildings shall include more modulation to provide additional relief to the
building layouts.
6.
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 oflot lines the applicant shall substantially comply with the design as
submitted, subject to the conditions of approval contained within this report.
Provide common open space that equals or exceeds ten percent of the gross land
area for the multi-family portion ofthe 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.
Silver Oak Subdivision Exhibit F
.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 ITom 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
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 Kem1edy 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 Platmed Development
proposes no amenities as defined by the applicant; Sheet Ll.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 ofthe 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 ITont 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
Unifonn Building Code. See Site Specific Condition #3 below.
Silver Oak Subdivision Exhibit F
EXHIBIT G
Silver Oak Subdivision
AZ-OS-O 16
Zoning Amendment Findings
According to Meridian City Code (MCC) II-IS-II, General Standards Applicable
to Zoning Amendments, both the Planning & Zoning Commission 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 hannonious
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 11,2005) 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 davcare use and professional office
proposal as these uses will be located along an arterial road and will support the
primary multi-family use by having services close to residences. thereby reducing
traffic congestion on nearby roadways. reducing air pollution. and creating 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 (staflanalysis is in italics below policy):
.
"Require appropriate landscape and buffers along transportation conidors
(setback, vegetation, low walls, benl1s, 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 staff s analysis,
public testimony received and any comments submitted from any other agencies
or departments regarding whether the proposed zone and subsequent development
is hannonious with and in accordance with the Comprehensive Plan.
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
ConcuITent 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
permits;
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 maimer hannonious 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 ai1d
industrial area,
Black Cat Road is currently being improved and Franklin Road (east of Ten-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
ofthe Union Pacific Rail Road. This development will set the tone for how the
rest of this 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 northel11 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 Nampa Meridian
Irrigation District.
Staff reconunends 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
sUlch 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 of the 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
cOllliection 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 tenninate 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 aU 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 infonnation 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 Kem1edy
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 recOlmnends that the Commission and Council reference any public
testimony that may be presented to detennine 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-O5-023
Preliminary Plat Findings
PRELIMINARY PLAT ANALYSIS
Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In detennining the
acceptance of a proposed subdivision, the Commission/Council shall consider the
objectives of this title and at least the following:
A.
Tille conformance of the subdivision with the Comprehensive Development
Plan;
Pl,ease 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 financial 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
detennine 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
4.
E.
The other health, safety or environmental problems that may be brought to
the Commission's attention.
Staff finds that there should not be any health, safety or envirOlID1ental problems
associated with this subdivision that should be brought to the Councilor
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: The 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 of the right-of-way and not including the width of the
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.
Unimproved Right-of-Way: Meridian City Code 12-13-10-9 requires a 10-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
Silver Oak Subdivision Exhibit H
9.
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 10-foot wide gravel shoulder requirement
listed above. Therefore, the appl1cant should be required to construct a 10-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.
Intemal Streets: The applicant is proposing to construct intemal 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
watelways, 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 Call1iot 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
cOllliection to the culinary water system shall be required. If a single-point
cOlmection 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
regular maintenance of ditches and waterways by N amp a MeridiaIl Irrigation
District. A detailed fencing plan should be submitted upon application ofthe final
plat (MCC 12-4-1O.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 a11 right-of-way. All fencing should be installed in accordance
with MCC 12-4-10. See Site Specific Condition #6 below.
Silver Oak Subdivision Exhibit H
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-O5-024
CUP/PD Findings
CONDITIONAL USE ANALYSIS
The Commission 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 if they shall fmd evidence presented at the hearing(s) is
adequate to establish (11-17-3):
A.
That the site is large enough to accOlmnodate 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 re1ieffrom
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 harmonious 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
change the essential character of the same area;
Please see Annexation & Zoning Analysis "E" above.
Silver Oak Subdivision Exhibit I
H.
I.
D.
That tile proposed use, if it complies witl1 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,
staff's analysis, and other agency comments when detennining if the proposed
uses will adversely affect other propeliies in the vicinity.
E.
That the p..oposed 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 tl1at 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
penons, 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.
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