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Home My WebLink AboutStaff Comments CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 10, 2006 STAFF REPORT TO: FROM: SUBJECT: Hearing Date: 10/10/2006 cMe;;di~' Mayor and City Council Jenny Veatch, Assistant City Planner Harks Canyon Creek Development Agreement Modification - MI-OG-006 ID.'HO '" .~ v, I ,~ " J '~rm Request to Modify the (Draft) Development Agreement for Harks Canyon Creek by allowing temporary construction fencing along Lot 5, Block 3, rather than a permanent fence that would limit public access to the Ten Mile Creek waterway, an approved amenity, by Franklin Centre, LLC. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Franklin Centre, LLC, has submitted a Miscellaneous Application (MI) requesting modification to a draft Development Agreement for Harks Canyon Creek Subdivision, which is located near the southwest comer of Linder Road and Franklin Road, in a proposed C-C and TN-R zone. NOTE: The subject Development Agreement has not yet been recorded. The applicant is proposing to amend Site Specific Condition #6.1.5 on the fifth page ofthe unsigned Development Agreement for AZ-05-056, PP- 05-058 and CUP-05~051, as detailed below. Site Specific Condition #6.1.5 states: The Owner/Developer shall maintain Lot 19, Block 3 in a state free of accumulation of junk, noxious weeds, and shall fence the perimeter of Lot 5, Block 3 to limit public access to the waterway. The applicant is proposing to construct temporary construction fencing between Lot 5, Block 3 (the service road) and Lot 19, Block 3, (Phase II of the residential development), rather than provide a permanent fence which would limit public access to the Ten Mile Creek waterway. The Ten Mile Creek waterway is a proposed amenity within this development. Construction fencing will help to prevent litter from entering Lot 19 and the Ten Mile Creek during construction of the first phase of development, but can be removed after the subdivision is built out, allowing residents better access to the water amenity. The City has sent out notices of the subject request in accordance with the current standards for public hearings (see Section 4 below for publication dates.) There are no required fmdings for a miscellaneous application/development agreement modification. Below, in the History/Staff Analysis section, Staff has provided the most pertinent facts and analysis related to the proposed development agreement modification. 2. LOCATION & SURROUNDING USES The subject property is located on the southwest comer of Linder Road and Franklin Road, in Section 14, Township 3 North, Range 1 West. The following uses surround the subject property: 1. North: Caffarelli Subdivision, I-L 2. East: Harks Comer, C-C, and Van Hees Subdivision, R-1 3. South: Whitestone Estates, R-4, and Ten Mile Creek Harks Canyon Creek Subdivision Development Agreement Moditlcation / MI-06-006 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 10, 2006 4. West: Agricultural Ada County RUT and Rl 3. OWNER OF RECORD The property owner ofrecord Franklin Centre, LLC, has submitted the subject application. 4. PROCESS FACTS a. Miscellaneous applications are not currently addressed in Title 11 of the Meridian City Code. It has been determined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will in fact require a public hearing before the City Council. b. Newspaper notifications published on: August 28th and September 11 t\ 2006 (for City Council hearing) c. Radius notices mailed to properties within 300 feet on: August 25th, 2006 (for City Council hearing) d. Applicant posted notice on site by: September 29,2006 (for City Council hearing) 5. HISTORY/STAFF ANALYSIS The Meridian City Council approved the Harks Canyon Creek Subdivision applications on April 4, 2006 and the Findings of Fact and Conclusions of Law were approved on April 25, 2006. At the public hearings regarding AZ~05-056, PP.05-058 and CUP-05-051, the issue of fencing along the Ten Mile Creek was not discussed. Subsequent to the approval, the applicant discovered the provision in the Development Agreement regarding the permanent fencing requirement along Lot 5, Block 3 and asked Staff if temporary construction fencing could be installed instead. Staff prepared the Report for Harks Canyon Creek to reflect the general fencing requirements of the UDC and the Master Pathway Agreement between the Nampa & Meridian Irrigation District (NMID) and the City of Meridian. Said Agreement requires the City to take appropriate action to protect the public who use the pathways and to prevent litter, trash or other material to gather or be deposited along the pathway. The UDC requires 6-foot tall chain-link fencing along waterways, unless it can be demonstrated by the applicant that the waterway will be improved or developed as a water amenity. Construction drawings and relevant calculations prepared by a qualified licensed professional registered in the State of Idaho shall be submitted to both the Director and the authorized representative of the water facility for approval (UDC-ll-3A-6B). On September 13, 2006, Staff received written notice from the Nampa & Meridian Irrigation District, stating that they do not require fencing to protect the Ten Mile. Because NMID is not requiring the Ten Mile to be fenced. because temporary construction fencing will be installed by the applicant to prevent litter. trash and other construction materials from enterinll the waterwav. and because the applicant is proposing to use the Ten Mile as a site amenity. staff believes temporary construction fencing is appropriate in this location. Staff recommends that the City Council reference any public testimony that may be provided on this subject at the public hearing. 6. RECOMMENDATION: Staff recommends that an amendment to the draft Development AllI"eement for Harks Canyon Creek be approved. as requested by the applicant. Staff further recommends that the Council direct Legal Department Staff to amend the draft DA by removinll the requirement for a permanent fence along Lot 5. Block 3. with a requirement for temporary construction fencing to be installed along the south side of Lot 5. Block 3 (currently provision #6.1.5 on the fifth page ofthe draft DA). Harks Canyon Creek Subdivision Development Agreement Modification / MI-06-006 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 10,2006 7. EXHIBITS: A. Drawings 1. Site Map Plan (dated: October 2005) 2. Landscape Plan (dated: June, 2006) Harks Canyon Creek Subdivision Development Agreement Modification / MI-06-006 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 10, 2006 "1I l..:..RANKLIN ROAD - - .Haa-1~ _ ~6' . a4_4~' - - - I ' I 564.47' -~ 14 13 Cl <( o !l:: 18 ~ 8I.otlt' ,2 0 .. Ig Q 0 CD '" @ ~ z CC StOCK , 589'3"17". 4111.16 ~I CD 0@(O) CD of'> CD _I~ !lID i ", "'" I SUBDIVISION LLoJ r<'l .... 8 0 o o z I ~II r'l o o (111. Ii : - -~ L- - - -;;;;'01'4F<----:': "'...Il\ @ TN-R @ - .--- - -- .lMIfR ........""""'w: ~l.an~$1REt'f lmI:utI. 0"'::1 Tt<~R~l;F, Sli"I..L NOT eE USED f" 1\'115 PRo.ECT txCD'T BY iRN IVAl'lE. u.c. W!I.IAl:I _II-...... ""'~w: UHO __ .... ...... ~0157j2 (:zaI)J.I2""'" (6) .~I!.i.lIM... Harks Canyon Creek Subdivision Development Agreement Modification / MI-06.006 Exhibit A Page I !l:: '-'J o Z ....J i1 PROJt:CT SITE 5 FR......IQJH fl~. ! 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