HomeMy WebLinkAboutCherry Lane Project MI 03-005HUB OF TREASURE VALLEY
MAYOR A CmOd Place t0 L1VC LEGAL DEPARTMENT
RobeR D. Come
CITY OF MERIDIAN (208) 466-9272 • Fax 466-4405
CITY COUNCIL MEMBERB PUBLIC WDRK3
Tamm deWeerd
y 33 EAST IDAHO BUILDING DEPARTMENT
(208) 887-2211 ~ Fax 887-1297
William L. M. Nary MERIDIAN, IDAHO 83642
Cherie McCandless (208) 888.4433 • FAX (208) 887.4813 PLANNING AND ZONING
City Clerk Office Fax (208) 888-4218 DEPARTMENT
Kei[h Bird (208) 8845533 ~ FAX 888-6854
MEMORANDUM:
RECEIVED Ap1i122, 2003
(Meeting Date)
To: Mayor & city Council APR 1 8 2003
From: Brad Hawkins-Clazk, Planner III City Of Meridian
City Clerk Office
Re: Cherry Lane Project
• Request for an Amendment to Recorded Development Agreement (Instrument No.
98031450) for 2.88 acres, by Oakwood Enterprises (File No. MI-03-005).
We have reviewed these submittals and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless eapressly modified or deleted by
motion of the Meridian City Council:
APPLICATION BACKGROUND & SUMMARY
A standard clause in the City's Developmern Agreemerns is that either party to the agreement may
modify or amend the terms by notifying the other party in writing. The City has typically required
applicant's to use the MI application as the mechanism to propose amendments to the DA, unless an
annexation or rune application also accompanies the project.
The Applicant, Oakwood Enterprises, has requested a second amendment to the Development
Agreemern (DA) governing development of the property on W. Cherry Lane, immediately south of
Devlin Place Subdivision No. 2. The original DA (Instrument No. 98031450), recorded on Apri16,
1998 between the City of Meridian and D.D. & F, pertained to a total of 24.88 acres. The original DA
was entered irno at the time Devlin Place Subdivision No. 1 was annexed and platted. The DA allowed
for the construction of Devlin Place Subdivision, an assisted living facility and a public park.
Subsequently, the First Addendum to the DA, entered into between the City of Meridian and Dan
Wood/D.W. Inc. in May 2001, allowed for the construction of Devlin Place No. 2 and revoked the
requirement for a Conditional Use Permit on the 5.17 acres of the subdivision.
The subject application, pertaining to the balance of the original 24.88 parcel (2.88 acres), proposes to
amend several sections of the original DA, Exhibit "B" of the DA, and sections within the First
Addendum. The property owner is no longer D.D. & F., the original party to the agreement. The
remnant pazcel has changed interests a couple of times and is now owned by Oakwood Enterprises,
LLC, as evidenced by the Warranty Deed submitted with the application (dated September 2002). The
Applicant intends to subdivide the 2.88 acre parcel and construct five (5) single story medical office
buildings. The application included a conceptual Site Plan for the City Council's information.
However, the application does not propose to include the site plan or uses in the terms. It proposes to
consider the property as straight L-O zoning, to be developed under current ordinances.
MIA3-0OS
Chary La Projec[4Jakwood. MI
Mayor and Council
April 22, 2003
Page 2
A key point of discussion the City Council may want to consider is whether or not this proposed
addendum should incorporate a specific use, as the original DA and First Addendum did, or whether to
allow any L-O uses to occur on the property in the future. The Applicant did not include a specific use
in their application.
LOCATION
The subject property is located on the north side of Cherry Lane, approximately 114 of a mile east of
Ten Mile Road.
CURRENT OWNERS OF RECORD
Oakwood Enterprises, LLC, managed by Heartland Townhomes Property Management, LLC, is the
property owner of the subject property.
PROPOSED DA AMENDMENTS (Orieinall
The Applicant agrees to the majority of the existing terms and conditions in all three DA documents
(the original DA, Exhibit B and the First Addendum). However, they propose to clarify and/or strike
several paragraphs. These are discussed below.
Applicant proposes to delete Paragraphs 2.a., 2. b., 2. c., 2.e. and 3. These are listed below (in summary
form) with Staff's recommendation in bold Behind each paragraph.
2.a. Develop and construct an assisted living facility and senior housing on 8.05 acres of the property.
- Staff agrees to strike.
2.6. Submit to the CITY application for conditional use... -Staff agrees to strike.
2.c. Develop and construct single family residential units and dedicate park land... -Staff agrees to
strike.
2.e. Construct only single family houses and restrict to 1,400 sq. ft. of floor space... -Staff agrees to
strike.
3. Property to be zoned R-4 with lot sizes at least 8,000 sq. ft.... - Sta(i agrees to strike.
PROPOSED "EXHIBIT B" AMENDMENTS
Applicant proposes to delete Paragraphs 17, 20, 2I, 22 and 26. These are listed below with Staff's
recommendation in bdd behind each paragraph.
17. Developer shall construct and install a PI system utilizing surface irrigation water, and any
proposal for a supplementary connection from the CITY's water system will be reviewed closely by
the CITY -Staff does not agree to strike. Retain condition.
20. Developer shall provide minimum five-foot-wide sidewalk between the 12' fire lane on the east
side of the project to the meandering sidewalk shown to the south. -Staff agrees to strike. Pertains
to Devlin Subdivision only.
MI-03-005 Cherry I.n ftojec4Oakwood .MI
Mayor and Council
April 22, 2003
Page 3
21. Developer shall dedicate a 4.6-acre public park...- Staff agrees to strike.
22. Developer shall construct full street section of Chateau Drive... -Staff agrees to strike.
26. Developer shall meet all representations made by applicant during the public heazing process... -
Staffagrees to strike only those representations that pertain to property not owned by Oakwood
Enterprises, LLC. Any representations that apply to the Oakwood Property and are applicable
to an L-O project remain in effect.
PROPOSED FIRST ADDENDUM AMENDMENTS
Applicant proposes to delete Paragraph 2, page 1 in its entirety; paragraphs 1.3, 1.4, 1.9, 1.10, L 11
and 1.12. These are listed below with Staff's recommendation in bold behind each paragraph.
2. (pg. 1) -Conditions pertaining to the development of Devlin Place No. 2. -Staff agrees to strike.
1.3 The existing CUP must be revoked and permit holder (D.D. & FJ to be notified...- Staff agrees
to strike.
1.4 Any existing irrigation drainage ditches crossing the property to be included in this project shall be
tiled per City Ordinance. -Staff does not agree to strike. Retain.
1.9 - 1.12 These four conditions pertain to ACHD's conditions for roadways internal to Devlin
Subdivision. -Staff agrees to strike.
Staff recommends the City Council agree to create a second addendum to the DA in accordance with
the above recommendations.
MI-03-005 Cheery Ln Projec[•Oakwood.Ml
YOR
RoaERr D. CORRw
CtaEF
KEN W. BOWEILS
~ DEPUTY CHa''F - FIl2E PREVENTION
COUNCb MEMBERS JOSEPH SILVA
WII.LL4M L.M. NARY
KEIrHBEYD DEPUTY CHIEF -TRAINING
TAMMY DS WEERD cen of -
' - ~~ BbL JOHNSON
'-
CHERIE McCANDLESS ~f
y
PJ! I~L(~i/L 540 F~s[Franklin Road
RURAL FmECoNm-assloNERS Ionrlo Meridian, ID 83642
RICHARD GREENa c (208) 888-1234
TERRY LEIGHTON ,.e v Fax (208) 895-0390
""rR ,, ~r,u:
STEVE ELLIOTT .
lb~S
MERIDIAN CITY/RURAL FIRE DEPARTMENT
R~C~IVED
April 14, 2003 APR 15 2~3
City OfMeridian
City Clerk Office
TO: Mayor, City Council and Meridian Planning & Zoning Commission
FROM: Joseph Silva, Deputy Chie£, Fire Prevention
SUBJECT: Cherry Lane Project MI 03-005
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
1. Provide afire-flow as required by the 1997 Uniform Fire Code Appendix III-A
Please show all proximity hydrants within 500' of the project on the resubmitted
plat.
2. All corners will have to have 28' inside radius and 48' outside radius.
3. The proposal buildings & uses shall comply with the 1997 Uniform Fire Code.
4. Acceptance of water supply for fire protection is continent upon acceptance of the
water system by the City of Meridian for water quality.
5. Final approval of fire hydram locations shall by the Fire Department.
6. All fire lanes shall have a 20' wide unobsiructed driving surface. UFC 902.2.1
7. Provide an approved turnaround for any street which exceeds 150' in length.
8. The proposed subdivision will have an unknown transient population and will
have an unknown impact Meridian Fire Department call volumes. According to
a report completed by Fire & Emergency Services Consulting Group in February
of 2000 our requests for service are projected to reach 2800 in the year 2005 and
3800 by the year ZO10, this is up from 2069 responses in the year 2000.
9. That afire-flow of 1,000 gallons per minute shall be available for duration of 2
hours to service the entire project. Fire hydrants shall be placed an average of 400'
apart. 19971JFC Appendix III-A
10. Operational fire hydrants and temporary or permanem street signs are required
before combustible construction begins. UFC 901.4.2 & 901.3
11. The roadways shall be built to Ada County Highway Standards and have aback-to-
back measuremem of 36'. UFC 902.2.1
12. All radii shall be 28' inside and 48' outside radius.
.~k ~'~~
Susan S. tasnaKe, 7si vice rresiaenc
Dave Bivens, 2nd Vice President
John S. Franden, Commissioner
TO: Oakwood Enterprises LLC
114 E. Idaho Avenue
Meridian, Idaho 83642
April 7, 2003
SUBJECT: MMI03-005
Amendment to a Development Agreement
West Cherry Lane e% N. Ten Mile Road
318 East 37th Street
Garden City ID 83714-6499
Phone (208) 387-8100
FAX (208) 387-6391
E-mail: tellus~ACHD.ada.id.us
RECEIVED
APR 1 1 2003
City of Meridian
City Clerk Offioe
In response to your request for comment, the Ada County Highway District (ACRD) staff has reviewed the
submitted application and site plan for the item referenced above. It has been determined that the Right-of-
Way and Development Services Department does not have any site-specific requirements for you at this time
due to the fact that:
• The Development Agreement is with the City of Meridian and not the Ada County
Highway District.
If the site plan or use should change in the future, ACRD will review the site plan and may require
improvements to the transportation system at that time.
Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement
widening, driveways, culverts, etc), a permit or license agreement must be obtained from ACRD. In addition to
any costs associated with a permit or license agreement, a roadway impact fee will be assessed by ACRD and
will be due prior to the issuance of a building permit.
In accordance with ACHD's standard requirements, the applicant shall:
• Meet District drainage requirements,
• Replace or repair any damaged curb, gutter and sidewalk (as determined by
Construction Services),
• Bear all costs for the relocation of utilities associated with improving street frontages,
• Contact the District's Utility Coordinator or Construction Services Department in
regard to all utility street cuts to determine if the pavement is less than five years old.
These provisions are in accordance with the Ada County Highway District Policy Manual, ISPWC Standards,
Construction Services policies and procedures as well as all applicable ACRD Ordinances. If you should have
any questions in regard to the standard requirements please feel free to contact out Construction Services
Department at 387-8280 or our Drainage Department at 387-6250 (with file number) for details.
Ada County Highway District
If you have any questions, please feel free to contact the Right-of-Way and Development Services Department
at (208) 387-6170.
Sincerely,
~ ~e,~~~t~,~
Development Analyst
Right-of-way & Development Services
Planning Division
Cc: Planning & DevelopmenUChron/Project File
Planning & Development Services: City of Meridian
Construction Services
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CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT
•• DISTRICT
HEALTH Environmental Health DivisioelECEIVED
DEPARTMENT
nPR - 4 Anna
Rezone #
Conditiona
Preliminary /Final /Short Plat
Return to:
^ Boise
^ Eagle
^~artlen City
Meridian
^ Kuna
- ^ ACZ
- ^ Star
~1. We have No Objections to this Proposal.
^ 2. We recommend Denial of this Proposal.
^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
^ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
^ 5. Before we can comment conceming individual sewage disposal, we will require more data conceming the depth of:
^ high seasonal ground water ^ waste flow characteristics
^ or bedrock from original grade ^ other
^ 6. This office will require a study to assess the impact of nuhierds and pathogens to receiving ground waters and/or
surface waters.
^ 7. This project shall be reviewed by the Idaho Departmend of Water Resources concerning well construction and
water availability.
^ 8: After written approval from appropriate entities are submitted, we can approve this proposal for:
^ central sewage ^ communitysewagesystem ^ communitywaterwell
^ intedm sewage ^ central water
^ individual sewage ^ individual water
^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmemal Quality:
^ central sewage ^ community sewage system ^ communitywater
^ sewage dry lines ^ central water
~~..,,,.
^ 10. Run-off is not to create a mosquito breeding problem.
^ 11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ 12. If restroom facilities are to be installed, then a sewage system MUST he installed to meet Idaho State
Sewage Regulations.
^ 13. We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools orspas ^ child care center
^ beverage establishment ^ grocery store
^ 14.
Date: /~
Reviewed By:
Review Sheet
coHO~ooi~c
SETTLERS' IRRIGATION DISTRICT
P.O. BOX 757'1 • BDIBE, IDAHO 83707
PHONE 344-247'1
April 14, 2003
Will Berg
City of Meridian
33 East Idaho
Meridian, ID 83642
RECEIVED
APR 15 ?003
City oP Meridian
City Clerk Otfioe
Re: MI 03-005 Cherry Lane Project
Dear Will:
Settlers Irrigation District requires Settlers Canal and easement to be protected near the
southern boundary of the proposed development along Cherry Lane.
If you have any questions please ca11343-5271.
Sincerely,
Nathan Draper, Manager
Settlers hrigation District
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2.88 acres zoned office-light for the Cherry Lane Project
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', TRANSMITTALS TO AGC>~ ES F R Z`OIOiM~fiS~~N-DFQEL~PIOfENTPhT07ECT5=--
' WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian City
Council please submit your comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by: April 11
Transmittal Date: March 28, 2003
File No.: MI 03-005
Request: Request for amendment to
By: Oakwood Enter
Location of Property or Project:
for the remnant
f'Y ~:
/"Ytv ~
east of North Ten Mile Road on West
_ _ _Y_`f ~~C~,
°.C7tHATlO>~
~ ~
- : ~, , - -
David Zaremba, P/Z (NOVaR,vac,FP~
Jerry Centers, P/Z (Na VAR, VAC, FPJ
Leslie Mathes, P/Z Ma vaa, vac, FPJ
Michael Rohm, P1Z (NO VAR, VAC, FPJ
Keith Borup, PIZ (NO VAR, VAG FPI
Robert Corrie, Mayor
Bill Nary, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, CIC
ater Department
Sewer Department
Sanitary Service rNO vaR, vac, FP)
Building Department
Fire Department
Police Department
City Attorney Your Concise
City Engineer
City Planner
Parks Department
RECENED
APR - 3 2003
City oPMeridliaa
City Clerk 01Hiee
2003
Hearing Date: April 22, 2003
Meridian School District MoFP~
Meridian Post Office (FP~PP OMy)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian brig. District
Settlers Ircigation District
Idaho Power Co. rFP~PP Only)
U.S. West (FP/PP Only)
Intermountain Gas rFPmPwxy~
Bureau of Reclamation (FwPPOmy~
Idaho Transportation Department (naPP~
Ada County rAZOnry)
Ada County Assess. Land Records (FP~PP only)
Meridian Development Corporation
Historical Preservatigp~sion
RECEIVED
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~~;~ ~'E~'ATER DEPT.
3 ;EAST iL'A C' ~ tJici\'DfP..~, i; ,4,i'.v . >b-._
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TRANSMITTALS TO AGENCIES F ~CjR'T5~?~7~EDEL~PIOfEI~TFR~OJEOTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian City
Council please submit your comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by: April 15, 2003
Transmittal Date: March 28, 2003 Hearing Date: April 22, 2003
File No.: MI 03-005
Request: Request for amendment to the Development Agreement for the remnant
2.88 acres zoned office-light for the Cherry Lane Project
By: Oakwood Enterprises
Location of Property or Project: east of North Ten Mile Road on West Cherry Lane
DavidZaremba,PlZ (NO VAR, VAC, FP)
Jerry Centers, P/Z (Nn vaa, vac, FPj
Leslie Mathes, P/Z (NO VAR, VAC, FPj
Michael Rohm, P/Z (NO VAR, VAC, FP)
Keith Borup, P/Z (Na vaa, vac, FPj
Robert Corrie, Mayor
Bill Nary, C/C
Tammy deWeerd, C/C
Keith Bird, C!C
Cherie McCandless, C!C
Water Department
Sewer Department
Sanitary Service (Na vaa, vac, ~
Building Department
Fire Department
Police Department
City Attorney
City Engineer
/City Planner
`Parks Department
Meridian School District (Namj
Meridian Post Office (FP/PP nnry)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian brig. District
Settlers Irrigation District
Idaho Power Co. rFPmPO,nyj
LLS. West (FP/PP On/}9
Intermountain Gas (FPiPP nnryj
Bureau of Reclamation (FPiPP Undj
Idaho Transportation Department (NGFPj
Ada County (AZ Only)
Ada County Assess. LandRecards(FPiPPOnly9
Meridian Development Corporation
Historical Preservation Commission
RECEIVED
APR - 1 2003
City of Meridiaa
City Clerk Office
3:i EAST l~.yri0 ° .~i„?.'LiA\, k~°.;iii :i 6-='
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