HomeMy WebLinkAboutSilver Oaks Subdivision AZ 05-016
ADA COUNTY RECORDER J, DAVID NAVARRO
BOISE IDAHO 01/06/06 10:00 AM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Meridian City
AMOUNT
.00
50
1111111111111111111111111111111111111
1106002636
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Charter Builders, Inc., OwnersIDeve10pers
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this I'i'U!" day of AEc~~~ ,2005, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called "CITY', and Charter Builders,
Inc., hereinafter called "OWNERSIDEVELOPERS".
1.
RECITALS:
1.1 WHEREAS, "OWNERSIDEVELOPERS" are the sole owners, in
law and/or equity, of certain tract ofIand 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. S 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"OwnersIDeve10pers" make a written commitment concerning the use
or development of the subject "Propelty"; 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 andlor re-zoning of
land; and
1.4 WHEREAS, "OwnersIDevelopers" 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
] .5 WHEREAS, "OwnerslDevelopers" made representations at the
public hearings both before the Melidian 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
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
1.7 WHEREAS, City Council, the 11 Ih 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
1.8 WHEREAS, the Findings require the "OwnerslDevelopers" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 "OWNERSIDEVELOPER" 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 "OwnerslDevelopers" 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 of the 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 "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 "OWNERSIDEVELOPERS": 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.
4.
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 (E & 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 "OwnerslDevelopers" 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 win 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 in-igation.
3. That aU future development of the subject propelty 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 matetials 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 "OwnerslDevelopers" or "OwnerslDevelopers" 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 S
67-6509, or any subsequent amendments or recodifications thereof.
DEVELOPMENT AGREEMENT (AZ 05-016) SILVER OAKS SUBDIVISION
PAGE 4 OF 10
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owners/Developers" consents upon default to the reversal of the zoning
designation of the "Propelty" 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/Deve1opers" 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 In the event "Owners/Deve10pers", "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.
10.2 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. REQUIRE:MENT 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 perrormance of the covenants, agreements,
conditions, and obligations contained herein.
13.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Owners/Deve10pers" 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.
13.2 In the event the performance of any covenant to be performed
hereunder by either "OwnerslDevelopers" 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 oftime 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 S 12-5-3, to insure that installation of the improvements,
which the "OwnerslDevelopers" 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 "OwnerslDeve10pers" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "OwnerslDevelopers" 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 "OwnerslDeve1opers" agrees
to abide by aU ordinances of the City of Meridian and the "Propelty" 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:
OWNERSIDEVELOPERS:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 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, ID 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 pmties' 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" of the "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 comt 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".
22.1 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
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 of the "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.
OWNERSIDEVELOPERS:
Charter Builders, Inc.
r41! t7U
CITY OF MERIDIAN
DEVELOPMENT AGREEMENT (AZ 05-016) SILVER OAKS SUBDIVISION
PAGE 9 OF 10
STATE OF IDAHO, )
: ss:
County of Ada, )
On this I~;-\\. day of ~~ , 2005, before me, the
undersigned, a Notary Public in and for said State, personally appeared
Groff'f;: t'. D NQ.O-\ , on behalf of Charter Builders, Inc., known or
identifie to me to be the ~'('P..4\Q.n\: 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.
~cu.-..::\J.f) ~ Q OO~~
/~tary Public for Idaho
~siding at~' n ~ ~~
My Commission Expires:A.\ \ D
STATE OF IDAHO )
: ss
County of Ada )
On this tf-*' day of 1C&nUCL.t<->I ,200~,beforeme,aNotary ~(cv}1l. h(.[(IL
Public, personally appeared Tammy de Weerd and V.'illiam G.-Berg,Jr:;KllOw or identifieo
11 to me to be the Mayor and1\Clerk, respectively, of the City of Meridian, who executed the
1)2pl.Jv-\-1-'b 'lilstrument 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 first above written.
(S hO--.~ rn &~~
Notary Public for Ida~o fl.(
Residi ng at: 11'Le l fy,- , r...J1:;
: III Commission expires: ID!...!S- /1
DEVELOPMEl\T ~GREEMEN (' -016) SILVER OAKS SUBDIVISION
.. " i .."
o. .. _ "
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(SEAL)
PAGE 10 OF 10
EXHIBIT A
Silver Oak Subdivision
AZ-05-016
Legal Description
,---'
FXJIIBIT A
Legal Description for
Ten !\lile Deve]opmcnl, LLC.
Franklin Four-Plex
Residential Site
,". pared orland being a portion of tile WI!2 of the SE li4 and the FI/2 (lfthe S'IV1/4 of
Section lO, Township 3 North, Range 1 West, Daise Meridian, Ada County. Idaho, and
more pamcularly dcscnned as follows
1'0l11l11cIII:lng at a 5/8 iuell rebar flwrktng the SE Comer of silid Section !D, thence along
the South line of said Section 10, also being the cenlerHm: of Franklin Road,
N8()"40'2.9"W a distance of 170S.52 feel to a 1/2 inch rebar, and from which a brass cap
mmking the SW Comer of the SE \14 of said Section to bears N89"40'19"W a distance of
91,2..0:i feet, lhence lcavitlg said South line NOO'09'31"E a distance of15.00 feet to a
p(linl in the centerline Oflhl:: Kennedy Lateral, thence meandering along the centerline ()f
said Kelmedy Lateral N42"03'::!9"\V a distance 0(300,00 feel to a point, thence
N4 J"'S'l')"W <1 distance of ! 90.55 leet to a pain! being tht' POINT OF BEGINNfNG:
Thellce continuing along said centerline N4j"15'29"W a distance of 109.45 feel to a
poiut;
Thence N39"06'21)"W a distance of490.00 feet 10 a point:
Thence N32."46'29"W a distm1l'e of 409,:::5 feeno a point on the West line of said,qEj 14;
Thence N32"46'2lj"\V a distance of230 75 feet to a poim;
TIH:nce N4J"22'29"'W a distance 0[9957 feet to a point;
Thence leavmg said centerline of the Kennedy Lateral NOO",)'OI "E a distance of87.6 t
feet (ronllcrly NOO"09' 31 "F a distance of 88.02 feel) to a 5/8 inch rebar on the South
right-of-way line of the UnIOn Pacific Railroad,
Thence along saiL! South right-of-way line 888"52 '53"E (formerly S8S.51 '50"'El a
dist,lIlce of 1330.73 fee! to a 5i8 inch rcbar;
l'hence leaving said South right-of-way line SOl~08'10"'W a distance or 1104.39 feet to l\
point;
Thence N8\)"09' 17"',,\' a distance 0090.27 feet TO a point;
Thence S4so48-45"W a distance of I 18.96 feet to the POINT OF BEGIi'l"NING;
Said parcel contains 1/)94,087 square feet or 25J2 acres, more or kss and is subject to
all existing easements and rights-of-ways of record or implted.
Silver Oak Subdivision Exhibit A
E:\'lIlBIT A
Legal Description for
Ten i\'1iIc Hel'clopmcnt, LLC.
Franldin FOUl--l'lex
COflutH:rcilll Sitf
A pureel of land nr;ing a portion ofth<: WI /2 of the SFI 14 of Section 1 U, Township 3
Nurth, Range I West, Boise MeridIan, Ada County, ldaho, and more particularly
described as follo\v5
('0mmencing at a 51B inch rthm marking lhe SE Comer of said Section 10, [hence along
the South line of said Section 10, also hemg the centerline o[Franklin Road,
N8l/"40'19"W a dislance of 155852 feet to a 5/8 inch rcbar being tht: POINT OF
BEGINNING, and from which a brass cap marking the S\V Comer of the SE jl4 of said
Section I (} bears N8q~40' 19"W a distance of 1082.,05 teet;
Thence continuing along. SJid SOUlh line NS9"40'29"W a distant:e of 150<00 feet to n 1/2
int:h rcbar;
Thence leaving said SOllth line NO()~O~'J I "E a distance of 25,00 feel to a point in Uw
cemerline of tbe Kennedy Lateral;
Thence meandering along the cl..'TIterline of said Kennedy Lateral the foUowmg courses
and distanees
Thence N420(lJ' 19"\.V a dIstance of 300.00 feet to a point;
Thence N41 "15'29"W a distance of] 'lO,55 feet to a point:
Thence leaving the cenlerline of saiJ Kennedy Latera] N4S"48'45"E a distance of II 896
10 it pOUlt,
Thence SS9"U9' I7"E a dIstance of 39627 to a poim;
Thellce SO I uUS' I (J"W a dIStance of 464.42 feet to the POINT OF BEGINNING;
Said parcel contains approximately 153,7! I square feel or 3.53 acres, more or less and is
subject (0 all existing easements and Iights-of-ways ofrecord or implied
Silver Oak Subdivision Exhibit A
e K ~tY.x~ 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-15 (Medium-High Density Residential) and L-O (Limited Office), (File No.
AZ-05-016) and a Preliminary Plat of one (1) multi-family lot, and one (1) commercial
office lot, (File No. PP-05-023) and a Conditional Use Permit for a Planned Development
consisting of 70 multi-family structures on a single lot with a private clubhouselpark and
multiuse pathways with no minimum lot frontages fOl" the L-O commercial daycareloffice
buildings (File No. CUP-05-026) by Ten-Mile Development, LLC
For the City Council Hearing Date of: October 11, 2005
A. Findings of Fact
1. Heming Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the extemal boundaries of the propeIiy. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said heming. All other noticing was done consistent with Idaho Code S67-
6509.
The matter was duly considered by the City COllilcil at the October 11,2005, public
hearing(s). The applicant, affected property owners, and govemment subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
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 967-6509,6512, and Meridian City Code 9S 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-05.016 / PP-05-023 I CUP-05-024- PAGE I of5
3. Application and Propeliy Facts
a. In addition to "the application and property facts noted in the staff repOli and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
veIified that the prope1iy owner(s) ofrecord at the time of issuance ofthese
findings is Ten-Mile Development, LLC, Graye H. Wolfe, Sr, - Manager.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibits G, H, mId I for the findings required for these applications.
B. Conclusions of Law
1. The City of MeIidian shall exercise the powers confened 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 mId 12, Meridian City Code, and all
cun.ent zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan ofthe 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
9 11-17-9.
4. Due consideration has been given to the commellt(s) received from the govennnental
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 ifthe 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 Depmiment 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 CUPIPD Site Specific and Standard Conditions as shown
in Exhibit F. The conditions m.e 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 LA W AND DECISION & ORDER
CASE NO(S). AZ-05-016 / PP-05-023 / CUP-05-024- PAGE 2 of 5
Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and
based upon the above mId 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 CondHional Use Pennit Duration
Please take notice that the conditional use penuit shall be valid for a maximum peliod
of eighteen (18) months unless otherwise approved by the council. During this time,
the penuit 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 fi.-om the original
date of approval by the council. Ifthe successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.B.)
2. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval ofthe 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-05-0 J 6/ PP-05-023 / CUP-05-024- PAGE 3 of 5
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridiml, pursumlt to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real propeliy which may be adversely affected by the issuance or denial of
the conditional use penuit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Exhibits
Exhibit A:
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 Comments
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 of the City Council at its regular meeting held on the
Oc/z9b-v ,2005.
/ /.rb dayof
VOTED~
VOTED 1J6~
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER CHRISTINE DONNELL
VOTED~
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
VOTED
--
MAYORTAMMYdeWEERD
(TIE BREAKER)
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-0 16/ PP-05-023 / CUP-OS-024- PAGE 4 of 5
Attest:
By: 5h 0/1 uYl (Jm;.V
City Clerk's Office
Dated;
l{j~ /'/-05
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-0161 PP-05-023 I CUP-OS-024- PAGE 5 of 5
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-OS-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-05-016)
.. Preliminary Plat Approval of one (1) Multi-Family Building Lots, and one (1) commercial office
lot, by Ten-Mile Development, LLC. (File No. PP-05-023)
.. 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-Q commercial daycare/office buildings by Ten-Mile Development, LLC
(File No. CUP-05-026)
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:
I. Allowing a private street or a public street for proposed Silver Oak Circle.
2. Vehicular circulation for Daycare
3. Cross access from Church site and storage site through the private road system
4. Addressing of units
5. Parking and landscaping of units
6. Lease units or file a condominium plat for individual ownership of each unit
7. Pedestrian accessibility from common m'ea to multi-family units
8. Overall traffic circulation for mid block on Frmlldin Road
9. Kennedy Lateral status and feasibility ofbridgillg the public road to the west.
C. Key Commission Changes to Staff Recommendation:
The Conunissiol1 made several minor changes to the staff report at staff's recommendation.
II) That the pm-k'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.
o The planning commission also required a revised preliminary plat! CUP to provide
a connection across the Kennedy Lateral as agreed to by the applicant and set forth
as a condition within ACHD conditions of approval.
II 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 Commission Recommendation:
The Council made several minor changes to the staff report and Commission
recOllliuendation 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 dUling the Council hearings. The revised
site plan includes a request amendment to change the number of units fi:om 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 similar to wainscoting, brick, or
cultured stone to provide architectural appeal to the front of the buildings.
· The applicant shan 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 Appl"oval (by Commission, if applicable)
See attached Exhibits D, E and F
EXHIBIT A
Silver Oak Subdivision
AZ-05-016
Legal Description
rXJ:HBIT A
Legal Description fOl
Ten '\H1c Deyelopment, I Le.
franklin FOOl'-Plex
Residential Site
.". pared of land bemg a portion of the WJ!:! of the SE1l4 and the FIC (If the 5\\'114 of
SectIOn 10, Township J North. Range I West. BOIse Meridian, Ad;l County, idaho, and
morc pal1lclllarly dcscnhed as follows
l'onnncllcmg at a SIB fUell rcbat murking the SE Comer of said Section 10, thence along
Lhe South line of said Section 10, also being the centerline of Franklm Road.
N89"40' 2V"'W II distance of l708.52 feel 10 a 112 inch rebar, and fwm which 11 hrass cap
marking lhe SW Corner of the SEll4 of said Section 10 bears NS9"40'29"W a disrance of
93H!5 feet, thence leaving said South line NO{J"09' 31 "E a distance of 25.00 feet t{\ a
point in the cel1!erllne Mthe Kennedy T .aleral, thence m~andering along the centerline of
s,lid Kennedy Latera! N42"03 '29"W a distance of 300.00 fe('t LO a point, thence
N41"15'2'l"W a dislance of 190.55 feel to a point being the POINT OF BEGINNING:
Thell('t' culllintllng along s:nd cenhJrline N4]"]5'2()"W a disLance of 109.45 feet to a
point:
ThencL' N39"06'29"W a disl;mce of 4()O.OO feet ta a paint;
Thence N32"46'29"W a distance of 409.25 feet to a point on the West line of said SE ] /4,
Thence N32"46'1'J"W a distance of 280.75 feet to a poim;
Thence N43"22'2')"W a distance of 99.57 feet to a point;
Thcnce leaving said ccnterline of the Kelmed)' Latera! NOO"I3 '01 "E a distance of 87.61
feet (Jhnnerly NOO"09'31 "E II dist<\llce of 81W2 feet) 10 i! 518 i.nch rebar on the South
right-of-way line of the Union Pacific Railroad,
Thence along said SouLh right-of-way line S88"52'53"E (fomlCrly S88"51 '50"E) <;
distance or 1 330.73 fect to u 5/8 meh re-bar;
'fhcnce leaving said South right-of-way lille SOl"OS'IO"W a distance of 1104.39 feet to a
point.
Thence NSfJ"O'l' 17"W a distan('e of 3%27 feet to a point;
Thence S48"41)' 45"\\, a distance of l18096 feel to the POINT OF BEGINNING;
Said parcocl contams 1,1)<)4,087 square feet or 25011 acres. more or less and is suoJect to
all existing ea.,emenls and rights.uf.ways of record or implied
Silver Oak Subdivision Exhibit A
L\]lIBIT A
Legal Descriptioll for
Tel! i\1ile Developmellt, LLC.
Fnmldin Four-l']ex
Comrnc.'l'cial Site
A parc(;1 of lanu h~jng a portion ohhe \),.'1/2 oftbe SEJi4 of Section liJ, Township 3
North, Range I West, Boise ivleridwn, Ada Counly, Idaho, and more particlllilrly
described as follows
Commencing at a 5/S lTlch rehar marking. the SE Comer of said Section J 0, thellce along
the South line of si\id Section 10, also bemg the centerline of FrankIin Road,
N89"40'1<J"W a distance of 1358.51 feet to a 5/8 inch rcbar bemg the POB""'I OF
BEG1NN[NCi, and [rom which a br,tss cap marking the SW Comer of the SEI/4 of said
Section 10 bears NS9"40'29"W a distance of 1082.05 reet;
Tlwl1ce continuing along said South line NS9"4(), 29"W a distam:c of 15(1.00 feel to a 1/2
inch rebaI';
Thenct' 1":,lI'illg. S!lIU South line NUO"O',!'}I "E a distance of 2:'>00 fect to a point in lhe
centerline of the Kennedy Lateral;
Tbcnce mC<ltldering along the cL:nlerline of said Kennedy L<ltemJ the followmg. courses
and distal\l::es.
Thence N42"(lJ' 29"VV a dIstance of 300,00 feet to a point;
Thence N41"15' 29"W a distance of I <l055 fcelto a poim;
Thene<:; leaving the celllerline of said K.ennedy Lateral N4so4S'45"E a dlstance of 11 S.90
to <I pomt,
Thence S89"U9'IT'E a dist<mce of 39627 10 a poinl,
Thence SOI"08' I O"\V II disHlnce of464.42 fect to the POrNT OF BEGINNING,
Said parcel conlains approximately 153,711 square fcel or 3.53 aCTes, more or less and is
subject to all eKisting casements and lights-of-ways of record or implied
Silver Oak Subdivision Exhibit A
EXHIBIT B
Silver Oak Subdivision Exhibit B
EXHIBIT C
Silver Oak Subdivision
CVP-05-024
Approved Site Plan, August 17,2005
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SILVER OAKS SUBDIVISION
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Silver Oak Subdivision Exhibit C
EXHIBIT D
Silver Oak Subdivision
AZ-OS-O 16
Annexation and Zoning Comments
ANEXA TION & ZONING COMMENTS
1. The mU1exation legal description submitted with the application (stamped by Hugh
Edwm'ds, 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 mmexation 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 mmexation
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:
o 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 mld/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
inigation.
· That all future development of the subject propelty shall be constructed in
accordance with City of Meridiml 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, propeIiy 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 mateIials 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 Almexation/Zonillg (AZ-05-016) and Conditional Use Pe1111it
(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.O is approved as submitted with changes. The following should be
included in a revised landscape plan:
o Depict and construct a 10-foot wide gravel shoulder on Franklin Road
abutting the site, with the remaining portion of the dght-of-way being
landscaped with lawn or other vegetative groundcover.
o 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.
III 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 free of
"wet ponds" or other such nuisances. All stonuwater 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.
o Any tree over 4" in caliper that is removed from the property shall be
replaced by installing additional trees, being the equivalent number of
caliper inches of trees that were removed. Required landscaping trees will
not be considered as replacement trees for those trees that are removed.
Other than the chm1ges listed above, the approved landscape plan is not to
be altered without prior written approval of the Planning & Zoning
Department.
3. Revise the preliminary plat and site plan to indicate the means and location of the
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. Storm water
Silver Oak Subdivision Exhibit E
treatment and disposal shall be designed in accordance with Department of
Environmental" Quality 1997 publication Catalog of Storm Water Best
Management Practices for Idaho Cities and Counties and City of Meridim1
standards and policies. Off-site disposal into a surface water is prohibited unless
the jurisdiction which has authOlity over the receiving steam provides written
authorization prior to development plan approval. The applicant is responsible for
filing all necessary applications with the Idaho Depaliment of Water Resources
regarding Shallow Injection Wells.
4. All irrigation ditches, laterals or can.als, 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 hTigation District. Plans will need to be approved by the
appropliate inigationldrainage disttict, or lateral users association (ditch owners),
with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer prior to final plat signature.
5. The applicant has indicated Nmupa and Meridian Irrigation District will own and
operate the pressurized in'igation system within this development. Underground
year-round pressUlized irrigation must be provided to all lots within this
development. The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The applicant shall be required to
utilize any existing surface or well water for the primary source. If a surface or
well source is not available, a single-point connection to the culinary water
system shall be required. If a single-point connection is utilized, the developer
shall be responsible for the payment of assessments for the common areas plior to
signature 011 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 Nampa 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
pennits. 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 plmmed to sewer to the
Black Cat Trunk via extensions of sewer main through Chesterfield Subdivision.
Chesterfield is not cUlTently 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
not guarantee sewer service within the development time limitations outlined in
Meridian City Ordillmlce.
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 ofMeridiall
Public Works Depaliment, and execute City of Melidian's standard fonns of
easement for any mains that at are required to provide service.
The preliminary site pIml shows the Black Cat trunk lUlming 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 propelty line.
The applicant shall align the sewer hunk to COnf0l111 to the master plan.
9. All water and sewer mains that are not in the ACHD right-of-way shall be
centered in a 20-foot wide easement. Said easement shall be free of any large
landscaping or fixed veliical 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 propeliies.
Subdivision designer to coordinate main sizing and routing with the Public Works
Depmtment. Applicant shall execute City of Meridian standard fOl1uS of
easements, for any mains that are required to provide service.
11. Other thml the public street access approved by ACHD, direct lot access to
Franklin Road is prohibited. A note shall be placed on the final plat restricting
access to Franklin Road.
GENERAL REQUIREMENTS-PRELIMINARY PLAT
1. All grading ofthe site shall be perfonned in conformance with MCC 11-12-3H.
2. Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-] 0-8.
3. A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, pressUlized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4. 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.
5. Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
Silver Oak Subdivision Exhibit E
6. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will
be required at locations designated by the Public Works Department. All
streetlights shall be installed at subdivider's expense. Typical locations are at
street intersections and/or fire hydrants. Final design locations m1d quantity are
detennined after power designs are completed by Idaho Power Company. The
street light contractor shall obtain design and pel111it fl.'om the Public Works
Depaliment pliOl" commencing installations.
7. Any tree over 4" in caliper that is removed from the propelty shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that have to be mitigated.
8. The applicant shall coordinate mailbox locations with the Meridian Post Office.
9. Any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service per City Ordinance Section 9-1-4 and
9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation.
10. Compaction test results must be submitted to the Meridian Building Department
for all building pads receiving engineered backfill, where footing would sit atop
fill material.
11. The applicant shall be required to pay Public Works development plan review,
and construction inspection fees, as determined during the plan review process,
prior to signature on the final plat per Resolution 02-374.
12. It shall be the responsibility of the applicant to ensure that all development
features comply with the Americans with Disabilities Act and the Fair Housing
Act.
13. The applicant shall be responsible for application and compliance with any
NPDES Penuitting that may be required by the Enviromnental Protection
Agency.
14. The applicant shall be responsible for application and compliance with any
Section 404 Pelmitting that may be required by the Anny Corps of Engineers.
15. Submit all updated groundwater/soils monitoring data to the Public Works
Department for review. Any drainage areas (detention/retention basins) must be
designed to ensure that water is retained only during 100-year storm events, and
for a period of time not to exceed 24 hours. Side slopes within drainage areas
shall no exceed 3: 1. Any portion of a drainage area not improved with sod/grass
seed (or other approved landscaping) shall not count towm'ds the required open
space area. The project engineer should pay close attention to the results of field
SHyer Oak Subdivision Exhibit E
studies detenuining the groundwater, soil type and chm'acteristics during the
design and construction phases.
16. The applicant's engineer shall be required to celiify that the street centerline
elevations are set a minimum of 3-feet above the highest established normal
groundwater elevation. This is to ensure that the bottom elevation of crawlspaces
is at least I-foot above said elevation.
17. Staffs failure to cite specific ordinance provisions or terms of the approved
mU1exationJconditional 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/DEPARTMENT COMMENTS & CONDITIONS
MERIDIAN FIRE DEPARTMENT
1. Acceptmlce of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bactelia
testing.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 Y2" outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on comers when spacing penuits.
f. Fire hydrants shall not have any veliical 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 tuming 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 intemal roadways all roadways shall be
marked in accordance with Appendix D Section DI03.6 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 penuanent street signs and access roads with
an all weather surface are required before combustible constmctiol1 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 nOlih. The two
entrm1ces should be sepm'ated by no less than ~ the diagonal measmement of the
full development.
11. Building setbacks shall be per the Intemational 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 thml 33' shall have parking only on one side. These measurements shall
be based on the face of curb dimension.
13. COlmnercial 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 Depmiment 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 separation of5' from the building to the dumpster enclosure.
17. Provide a Knoxbox entry system for the complex plior to occupancy.
18. The first digit of the Apartment/Office Suite shall correspond to the floor level.
19. The applicant shall work with Plamung Department staff to provide a named plivate
street address identification plan including a pylon/monument sign at the required
intersection(s ).
20. All portions of the buildings located on tIus project must be within 150' of a paved
surface as measured around the perimeter ofthe building.
21. Provide exterior egress lighting as required by the International Building & Fire
Codes.
22. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) fi.-om a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinlder 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 m1 inspection using the criteria of
the Idaho State Fire Marshal. If the applicant has concems about meeting the State
Fire Marshal criteria an inspection will be completed at a cost of $20.
24. There shall be a fire hydrant within 100' of all fire department connections.
25. Buildings over 30' in height are required to have access roads in accordance with
Appendix D Section D105.
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. Pathvfay and Trail standU1~BSed pathv,'ay and/or tr-ail-shall-flteet-tfie
stai'l.dards as set forth in the ,^....ugust 2003 Gei~ffi---aR.a.--Rec-reaH6fl:
System Plan, pgs. 3 2 and 3 3, sections B & c. The pat1r.vay should 66flfl:OOl:
tln"ough to Bellingham park subdivision. If Bellingham Park Subdivision fails t6
be approved the applicant shall provide on street cOl1ncction from Lot 16 Bl-eelE
16 to thc Ten Mile Creck until such a time as an extension is possible.
2. Standard for City to assume Maintenance of a section of Path'.vay: Tho pathway
must connect from one major aliedal to another, and either an easement or
o'Nncrship deed must be granted before the eity will assume the maintenance of
any section of pathway.
3. Minimum acreage standard for City Park: The City is ',:'.'illing to develop and
maintain Community Parks, Urban Parks, and Neighborhood Parks.
Neighborhood Parks '.vill be rovie':,red on a case by case basis. The City may
choose to maintain neighborhood parks at an acreage of se'/en acres or larger. It
will be the responsibility of pri':ate homeownor groups or associations to develop
llild maintain the smaller mini parks and some Neighborhood Parks in their
subdivision that the City does not maintain. Construction fill and grading must be
approved by the Meridian Parks Director.
4. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
S. Standard Plan for Protection of Existing Trees during Constmction: 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, front 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! nOlih). Plior 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 sh'eet 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 aleli motorists to the pedestrian traffic.
6. The proposed landscaping creates a hiding spot nem' building units 21 and 22. The
applicant shall submit a revised landscaping plml that affords gl-eater visibility of
the area from public areas such as a street or parking lot.
CENTRAL DISTRICT HEALTH DEPARTMENT
1. Run-off is not to create a mosquito breeding problem.
2. Storm water shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
3. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for storlUwater disposal and design a
storm water 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 celiificate of zoning
compliance application.
ADA COUNTY HIGHWAY DISTRICT
A. Note to the City of Meridian
1. ACHD would prefer that the proposed north-south public street not extend
beyond the first proposed driveway. The site is a network of private roads
and driveways, and there does not appear to be a need for a public street
beyond that point. If the City of Meridiml 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 propelty with a public street
network. If the City does not allow plivate streets and driveways, the
roadways may be public, provided that are designed mld constructed to
ACHD roadway standards. If the City requires a public street network,
then the applicant should constmct a stub street to the Kelmedy Lateral
and should road trust for one-half the cost of a bridge to cross the lateral.
B. ACHD
Site Specific Conditions of Approval
1. Dedicate 48-feet of right-of-way from the centerline of Franklil1 Road abutting the
parcel by means of a wananty deed. The right-of-way purchase and sale
Silver Oak Subdivision Exhibit E
agreement a11d deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way.
2. Provide the District with a road trust deposit for the construction of ISO-linear
feet of concrete sidewalk ($20.00 per linear foot) and one half of the cost of the
pedestrian crossing.
3. Construct a public street that intersects Franklin Road at the east property line, as
proposed.
4. Constmct 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 a11d as-foot
attached concrete sidewalk 011 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.
S. Construct a 30-foot wide curb return type driveway that intersects the public
roadway approximately 42S-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 IS-foot radii abutting the existing
roadway edge.
6. Constmct a turnaround at the tenuinus of the public roadway. Constmct the
turnaround at the terminus of the public roadway to provide a minimum turning
radius of 55-feet
7. Construct a center tum 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
staff.
9. 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.
10. Comply with all Standard Conditions of Approval.
C. ACHD
Standard Conditions of Approval
Silver Oak Subdivision Exhibit E
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be bome by the developer.
3. Replace any existing damaged curb, gutter a1Id 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.
S. 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 celiify all improvement plans.
6. The appliCa11t shall submit revised plans for staff approval, prior to issuance of
building penuit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in confOrma1ICe 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.
10. No change in the tenDS 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
I 1. Any change by the applicant in the planned use of the propeliy which is the
subject of this application, shall require the applicant to comply with allmles,
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 ofthe subject propelty unless a
waiver/variance of said requirements or other legal relief is gra11ted pursuant to
the law in effect at the time the change in use is sought.
Silver Oak Subdivision Exhibit E
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-OS-016) and Preliminary Plat (PP-05-023) as a
condition of the Conditional Use Permit (CUP-05-024).
2. The project shall confonu 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 Unifonu Building Code.
4. Building materials shall include wainscoting, blick, 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 repOli 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 repOli.
7. Provide common open space that equals or exceeds ten percent of the gross land
area for the multi-family portion of the development.
8. Provide each multi-family dwelling unit with at least one hundred square feet of
useable Plivate 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-Q zone.). The
multi-family lot is contained within private accesses and the individual units will
be accessed through Common Drives. This lot requires relief fi:om the minimum
sh'eet :liontage as cUlTently 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 :6:om the proposed public road tenl1inus 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 fi.-om the collector road to the Kennedy Lateral.
Setbacks: All setbacks should comply with the appropriately zoned district.
2. Amenities: MCC 12-6-2.A.3 requires two or more amenities to be provided as
part of each plalmed 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, a11d 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
intemal 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 rel.ative to the size of the proposed multi-
family development. The cOl1ul1ercial portion of the Pla1med Development
proposes no amenities as defined by the applicant; Sheet Ll.5 does not show any
a111enities as required by MCC 12-6-2-3. The commercial portion will be required
to provide a11 appropriate amenity as a part of the plmmed development.
Landscaped open space means land exclusive of street rights-of-way and street
buffers, except for right-of-way specifically dedicated for landscaping within a
subdivision. The applicant has not calculated the total open space areas which
count toward open space. No drainage lots, required street buffers, or canal
buffers can be included in this calculation. See Site Specific Condition of
Approval # 4.
3. Elevations: The applicant has submitted several front elevation drawings for the
proposed dwelling units and commercial buildings. Staff believes that the
dwelling units will be compatible with the adjoining uses, if the buildings are
constructed as shown on the submitted elevations. Construction within Silver
Oaks Subdivision should substantially comply with the elevations submitted by
the applicant. Construction materials used on the stmctures should be approved by
the City of Meridian Building Department and in accordance with the most recent
UnifOllU Building Code. See Site Specific Condition #3 below.
Silver Oak Subdivision Exhibit F
EXHIBIT G
SHver Oak Subdivision
AZ-05-016
Zoning Amendment Findings
According to Meridian City Code (MCC) 11-15-11, General Standards Applicable
to Zoning Amendments, both the Planning & Zoning Commission and Council are
requb-ed "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 hanuonious
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 appliCa11t'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 a11d policies of the High
Density Residential designation. The applicant has indicated that Meridian City
Code allows for a use exception along a11erial roads not to exceed 20% of gross
area. The Commission and Council actions should take into consideration the
allowance of the Limited Office designation lot within the appropriate
commercial/mixed use policy, and not located along a commercial corridor.
However, staff supports the proposed daycare use 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. reducin~ 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 -(staff analysis is in italics below policy):
G "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 C01nprehensive 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 btiffer to 40-feet).
G "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 depmtments regarding whether the proposed zone and subsequent development
is hmmonious with and in accordance with the Comprehensive Plan.
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
Concurrent with the annexation and zoning application, the applicant has
submitted a preliminary plat and conditional use pennit 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 CUPIPD 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 plmmed 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 tbe streets been widened, new
railroad access been developed 01' 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 and
industrial area.
Black Cat Road is cuuently being improved and Franklin Road (east ofTen-Mile
Road) is cUlTently 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 Melidian'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, cunently changing.
However, this is one of the first developments to apply for residential uses south
of the Union Pacific Rail Road. This development will set the tone for how the
rest ofthis area, particularly the west, develops or does not develop as High
Density Residential.
F. Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
Silver Oak Subdivision Exhibit G
Due to other existing and proposed uses near the site, staff does not anticipate that
the proposed zoning/uses will be physically hazardous to future or existing uses or
neighbors in the area. The nOlihern 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
liTigation District.
Staff recommends that the COllliuission and Council rely on staff analysis,
comments from other agencies, and public testimony to determine whether the
proposed use will be disturbing or hazardous to the existing neighboring uses and
future expected uses in this vicinity.
G. Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
If this development is approved, it shall be subject to extending the sewer system.
Other urban services, such as water, are near to this site and the applicant should
be able to extend such services to the site. Water to serve this development is
existing or currently under development with Chesterfield Subdivision. The
applicant shall be responsible for the extension of utilities to and through this
proposed development. Sizing and routing shall be coordinated with the Public
Works Department.
The applicant and/or future property owners will be required to pay park and
highway impact fees as well as construct on-site stonu water drainage facilities.
Based on the COllliuents received fi:om 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 conunullity.
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 matelials as to not interfere with regular
maintenance of ditches and watelways 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 constluct one shared public street entl-ance into the
site from Franklin Road a11d a private street cOlmection to the east with future
COllilection 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 Staffhas concems with
the limited public access for the scale ofthe project. It is staffs opinion that a
public stub street should be provided to the west for future multi-fmnily
extensions a11d to provide public service access to the commercial pOliions of the
project. The public stub street shall tenninate in an approved method by ACHD.
The applicant shall also provide cross access to the Avest Property located
Northeast of the site. The development agreement for this site was approved by
the City of Meridian and requires a secondary access for emergency service. The
applicant may also extend the public street at the discretion of ACHD in order to
provide the appropriate connection.
If all vehicular approaches (streets) are approved and constructed in accordance
with ACHD policies, staff does not believe that the subdivision will create
interference with traffic on the sunounding public streets. Please review any
comments from ACHD for this project for additional information regarding this
finding.
K. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
Silver Oak Subdivision Exhibit G
There are mallygame species in the vicinity which use the Ten-Mile and Kennedy
Lateral systems for habitat. These areas will be altered tlu'ough the development
of the site.
Any existing trees larger than 4" caliper that are removed should be mitigated for,
per the Landscape Ordinance.
Staff recommends that the Commission and Council reference any public
testimony that may be presented to dete1111ine 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 Ex.hibit G
EXHIBIT H
Silver Oak Subdivision
PP-OS-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 determining the
acceptance of a proposed subdivision, the COlllinissionJCouncil shall consider the
objectives of this title and at least the following:
A. The conformance of the subdivision with the Comprehensive Development
Plan;
Please see Annexation and Zoning Analysis "A" above.
B. The availability of public services to accommodate the proposed
development;
Please see Armexation and Zoning Analysis "0" 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 sUPPOlting
services. Staff recommends the Conunission and Council rely upon comments
submitted from the public service providers (i.e. police, fire, ACHD, etc.) to
determine this finding. (See finding "G" under Annexation and Zoning Analysis
above, and the Agency Comments and Conditions at the end of this report for
more detail.)
Silver Oak Subdivision Exhibit H
E. The other health, safety or environmental problems that may be brought to
the Commission's attention.
Staff finds that there should not be any health, safety or envirolUl1entaJ problems
associated with this subdivision that should be brought to the Councilor
Commission's attention; other than the Ke1Uledy 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 detennine whether the proposed use may cause health, safety
or environmental problems of which staff are aware.
SPECIAL CONSIDERATIONS-PRELIMINARY PLAT
I. Public Streets and Access: The cOlmection to Franklin Road will be constmcted in
cooperation with future projects to the east and existing projects to the north via
Silver Oak Drive and SilVel" 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 COlmnission 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: Staffreconunellds 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.
4. Unimproved Right-of-Way: Meridian City Code 12-13-10-9 requires a lO-[oot
wide gravel shoulder abutting light-of-way where the unimproved pOliion 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
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 ] O-foot wide gravel shoulder requirement
listed above. Therefore, the applicant should be required to construct a 10-foot
wide gravel shoulder on Franklin Road, with the remaining pOliion of the right-
of-way being landscaped with lawn or other vegetative ground cover. 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 conunercial parking stalls
located along one or both sides of the drive aisle. Staff is suppOliive 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 inigation ditches, laterals or canals, exclusive of natural
waterways, intersecting, crossing or lying adjacent and contiguous to the area
being subdivided shall be tiled per MCC 12-4-13. Unless otherwise approved by
N ampa 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 Depmtment.
If lateral users association approval cannot be obtained, plans will be reviewed
and approved by the City Engineer prior to final plat signature. See Site Specific
Condition #4 below.
8. Pressure Irrigation: The City of Meridian requires that pressurized irrigation
systems be supplied by a year-round source of water (MCC 12-13-8.3). The
applicant should be required to utilize any existing surface or well water for the
primary source. If a surface or well source is not available, a single-point
cOlmection to the culinary water system shall be required. If a single-point
connection is utilized, the developer shall be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the City
Engineer. An underground, pressurized inigation 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.
9. 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 Nampa Meridian In-igation
District. A detailed fencing plan should be submitted upon application of the final
plat (MCC 12-4-10.F.3). If pem1anent fencing is not provided, temporary
construction fencing to contain debris must be installed m'ound the perimeter prior
to issuance of a building penuit. All fences should taper down to 3 feet maximum
within 20 feet of all right-of-way. All fencing should be installed in accordance
with MCC 12-4-10. See Site Specific Condition #6 below.
Silver Oak Subdivision Exhibit H
10. Sanitary Sewer The entire development is not cun-ently serviceable by the City of
Meridian's sanitary sewer system. The site shall be served by a connection
tlu"ough Chesterfield Subdivision and piped under the UPRR. Proceeding thmugh
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-OS-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 find evidence presented at the hearing(s) is
adequate to establish (11-17-3):
A. That the site is large enough to accommodate the proposed use and all yards, open
spaces, parking, landscaping and other features as may be required by this
ordinance;
As part of the Planned Development (PD) the applicant is requesting relief from
the standard street frontage requirement and number of buildings per lot, as
required by Meridian City Code. See Special Consideration #1 below for detailed
analysis.
Staff finds that the subject property is large enough to accOlllil1odate 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 Plamled 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 AtUlexation & Zoning Analysis "E" above.
Silver Oak Subdivision Exhibit I
D. That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
Staff recommends that the ConUl1ission and Council rely upon public testimony,
staffs analysis, and other agency comments when determining if the proposed
uses will adversely affect other properties in the vicinity.
E. That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
Please see Annexation & Zoning Analysis "G" and "H" above, the Other
Agency/Department Comments and Conditions at the end of this report, and any
comments that may be submitted to the City Clerk regarding this project.
F. That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
Please see Annexation & Zoning Analysis "R" above.
G. That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, smol{e, fumes, glare or odors;
Please see Annexation and Zoning Analysis "I" above.
H. That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
Please see Almexation & Zoning Analysis "J" above. The Commission and
Council should review any comments received from the ACHD provide for this
project when determining this finding.
I. 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