HomeMy WebLinkAboutStaff ReportCITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF OCTOBER 14, 2008
STAFF REPORT
HEARING DATE: October 14, 2008
TO: Mayor & City Council E IDIAN~.~---
FROM: Sonya Wafters, Associate City Planner I D A H
(208)884-5533
SUBJECT: Southridge
• MDA-08-004
Request to modify the recorded Development Agreement for Southridge
Subdivision
1. SUMMARY DESCRIPTION OF REQUEST
The Applicant, Linder 109, LLC, has submitted an application requesting to modify the recorded
Development Agreement (MDA) for Southridge Subdivision (Instrument No. 107074205), approved
with the Southridge Annexation (AZ-06-031).
The Applicant is requesting to amend the existing Development Agreement for Southridge
Subdivision. The major changes propose elimination of the mega lot concept, and associated concept
plan, and replace them with a new master concept plan and Property Boundary Adjustment (PBA)
plan. Rather than platting all pazcels, the applicant is proposing that some of the parcels should be
able to move forward in the building process through the property boundary adjustment process. In
order to address the shift from the mega lot concept to the property boundary adjustment or platting
process, a variety of changes and clarifications aze needed to the development agreement (see Section
8, Analysis, for more information).
Southridge Subdivision is located on the south side of W. Overland Road, between S. Ten Mile and
S. Linder Roads.
2. SUMMARY RECOMMENDATION
The City Council has final decision making authority on MDA applications. Staff is recommending
approval of the subject application (MDA-08-004) to modify the recorded Development
Agreement for 5outhridge Subdivision. (See Analysis, Section 8, of this report, for more details.)
3. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number MDA-
08-004, as presented in Staff Report for the hearing date of October 14, 2008, with the following
changes: (insert any changes here). I further move to direct Legal Department Staff to prepare an
amendment to the recorded Development Agreement for this site that reflects the changes noted in
Exhibit A.2.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number MDA-08-
004 as presented during the hearing on October 14, 2008. (You should state why you aze denying the
request.)
Continuance
I move to continue File Number MDA-08-004, to the hearing date of (insert continued hearing date
here) for the following reason(s): (you should state specific reason(s) for continuance)
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF OCTOBER 14, 2008
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
Southridge Subdivision is located on the south side of W. Overland Road between S. Ten Mile
and S. Linder Roads
Northern portion of Section 23, Township 3 North, Range 1 West
b. Owner.
Jim Jewett, Linder 109 LLC
1560 Carol Street
Meridian, ID 83642
c. Applicant:
Same as Owner
d. Representative: Jim Jewett, Linder 109 LLC (955-6655)
e. Present Zoning: R-2, R-4, R-8, TN-C, L-O, and TN-R
f. Present Comprehensive Plan Designation: Ten Mile Interchange Specific (Crreen Space and Park
Land; Low Density Residential; Civic; Mixed Use Commercial; Medium Density Residential;
and Medium High Density Residential) and Low Density Residential
g. Description of Applicant's Request: The Applicant is requesting to amend the existing
Development Agreement for Southridge Subdivision to eliminate the mega lot concept which
requires platting of all parcels. Some of the parcels will move forwazd in the building process
through a property boundary adjustment and others will be platted. In order to address the shift
from the mega lot concept to the property boundary adjustment or platting process, a variety of
changes and clarifications aze needed to the development agreement. The master plan has also
been modified to reflect these changes.
h. Applicant's Statement/Justification: Taken from the Applicant's narrative, "Since r~eiving the
initial approval, the developer and engineer have been actively engaged in the reviewing and
generating the plans necessary to keep this development moving forward. During this process, the
focus has stayed constant, yet the plans have changed a bit to adjust to market conditions and
interests, more defined design elements for some pazcels and less detail for others. Consequently,
due to some of these changes, the developer has discussed with staff the concept of re-addressing
the original mega lot concept (and the re-platting thereof) with what we believe is a simpler and
more straight forwazd approach. In order to accomplish this goal, the developers' interest (and
that of additional owners) requires that we clarify and/or modify a number of changes (including
recent changes in City ordinance)." See Applicant's narrative for more information.
5. PROCESS FACTS
a. The subject application will, in fact, constitute a development agreement modification as
determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a
public hearing is required before the City Council on this matter.
b. Newspaper notifications published on: September 22, 2008 and October 6, 2008
c. Radius notices mailed to properties within 300 feet on: September 19, 2008
d. Applicant posted notice on site by: October 3, 2008
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF OCTOBER 14, 2008
6. LAND USE
a. Existing Land Use(s): The subject property (Southridge Subdivision) consists of vacant land that
is in the development process.
b. Description of Character of Surrounding Area: The surrounding area consists of rural residential
properties and associated agricultural land.
c. Adjacent Land Use and Zoning:
1. North: Overland Road, rural residentiaUagricultural land, zoned RUT in Ada County
2. West: Ten Mile Road, rural residentiaUagricultural land, zoned Rl & RUT in Ada County
3. South: Rural residentiaUagricultural land, zoned RI & RUT in Ada County
4. East: Linder Road, rural residendaUagricultural land, zoned RUT in Ada County and R-8
d. History of Previous Actions:
- In 2007, the subject property was granted Annexation and Zoning (AZ-06-031) approval with
R-2, R-4, R-8, TN-C, L-O, and TN-R zoning districts (Ordinance #07-1319). A Development
Agreement was also approved with the annexation (Instrument No. 107074205).
- A Preliminary Plat (PP-06-031) was approved concurrent with the annexation for 239 lots
consisting of 189 residential lots, 11 commereiaUother lots, 8 mega lots (to be developed in
the future), and 31 common open space lots.
- A Property Boundary Adjustment was approved by the Planning Department on October 13,
2008 that adjusts property lines for 10 existing parcels which will develop and/or be further
subdivided in the future (see Exhibit A.4).
- A Conditional Use Permit (CUP-08-027) application is currently in process for the Beacon at
Southridge a 187-unit assisted living facility and church on the northeast portion of the site.
- A Final Plat (FP-08-017) application is currently in process for 60 building lots (53
residential units) and 11 common other lots on 33.6 acres of land in TN-C and TN-R zoning
districts.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Public Works has no comments for this application.
Location of water: Public Works has no comments for this application.
Issues or concerns: None
2. Vegetation: NA
3. Floodplain: NA
4. Canals /Ditches /Irrigation: There are 3 ditches that traverse the northern portion of this site.
5. Hazards: Staff does not know of any hazazds that exist on this property.
6. Size of Property: 277.18 acres
7. AGENCY COMMENTS MEETING
No comments were received by the Planning Department for the subject application. Please see the
public record for the MDA file for any written comments that may have been submitted by other
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF OCTOBER 14.2008
agencies.
8. ANALYSIS
a. Analysis Leading to Staff Recommendation:
Staff has provided analysis below regarding the proposed application.
MDA Application: The Applicant is requesting to amend the existing DA (Instrument No.
107074205) approved with the Southridge annexation (AZ-06-031) to eliminate the mega lot
concept which requires platting of all parcels. A Property Boundary Adjustment application has
been approved that adjusts property lines for 10 existing parcels which will develop and/or be
further subdivided in the future (see Exhibit A.4). Four of the parcels (Parcels 2, 5, 8, and 9) may
not require platting in order to develop (as a result of PBA approval); however, they will be
required to submit and obtain approval of all necessary development applications (i.e: CZC,
DES, CUP). In order to address the shift from the mega lot concept to the property boundary
adjustment or platting process, a variety of changes and clarifications are needed to the
development agreement. The master plan has also been modified to reflect the changes proposed
(see Exhibit A.3).
As mentioned above, the applicant is proposing to revise the conceptual master plan approved as
part of the original DA .The new concept plan includes the assisted living facility and church that
is currently in the approval process on the northeast portion of the site; this area was originally
planned for multi-family and single-family residential and commercial uses. The total of
residential units for the site has not significantly changed between what was originally approved
and what is now proposed (only 25 units/beds were added); however, the portion that was
originally commercial on the assisted living site is now planned for a church and associated
parking. A street connection to Overland Road was originally shown on the plan at the southern
tip of the L-O zoned property and the TN-R zoned property; now the street dead-ends in a
hammerhead design and does not connect to Overland. The streets on the southwest portion of the
site now run more parallel (north/south) with Overland Road instead of perpendicular (easdwest)
as previously planned. The large area on the north side of Overland Road on the west side of the
site shows single-family lots consistent with the previously proposed concept plan; Staff
recommends this area develop with single-family residential lots as shown. A stub street has been
added on the west boundary to the Walker property, as required by the DA. Previously there were
2 street connections to Overland Road west of the Amend out-parcel in the multi-family area;
now, there is only one. The alignment of Overland Road has changed slightly due to the
topography of the site and ACHD requirements. Also, an easement for the Ridenbaugh Canal that
was not previously shown had to be accounted for which slightly affected the layout of the site.
Stajjdoes not object to the proposed changes to the concept pla(see Exhibit A.3 for the existing
and proposed concept plans)
Staff has included the applicant's proposed changes to the DA in Exhibit A.2 in strike-out and
bold/underline format. Staffs recommended changes are noted in red strike-out and
bold/underline format. Staff has also included notes in some areas on the right-hand margin,
explaining the reason for the change.
9. RECOMMENDATION
Staff is recommending approval of the proposed modifications to the Development Agreement
for Southridge as shown in Exhibits A.2 and A3, per the analysis in Section 8 above.
10. EXHIBITS
A. Maps/Other
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR I-TEARING DATE OF OCTOBER 14, 2008
1. Vicinity/Zoning Map
2. Requested Changes to Development Agreement
3. Revised Master Development Plan (dated: 10/10/O8, prepared by The Land Crroup)
4. Property Boundary Adjustment Record of Survey (not yet recorded)
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF OCTOBER 14, 2008
Ezhibit A.1-Vicinity/Zoning Map
CITY OF MERIDIAN PLANNING DEPARTMIIVT STAFF REPORT FOR HEARING DATE OF OCTOBER 14, 2008
Exhibit A.2 -Requested Changes to Development Agreement (Applicant's requested
changes noted in bold/underline and strikeoutformat) (Staff s recommended changes noted in
red bold/underline and strikeout format)
DEVELOPMENT AGREEMENT (MODIFICATION)
PARTIES: 1. City of Meridian
2. Linder 109, LLC, Owner
3. JLJ Enterprises, Inc., Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered
into this day of ~7 2008, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called "CITY', whose address is 33 East
Idaho Street, Meridian, Idaho 83642 and Linder 109, LLC, whose address 1560 Carol Street,
Meridian, Idaho 83642 hereinafter called "OWNER" and JLJ Enterprises, Inc., whose address is
1560 Carol Street, Meridian, Idaho 83642 hereinafter called "DEVELOPER".
1. RECITALS:
1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain
tract of land in the County of Ada, State of Idaho, described in Exhibit A
for each owner, which is attached hereto and by this reference
incorporated herein as if set forth in full, herein after referred to as the
Property; and
1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the
Owner/Developer make a written commitment concerning the use or
development of the subject Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment
of Meridian City Code Section 11, Unified Development Code, which
authorizes development agreements upon the annexation and/or re-
zoning of land; and
1.4 WHEREAS, Owner and/or Developer has submitted an application for
annexation and zoning of the Property's described in Exhibit A, and has
requested a designation of R-2 (Low Density Residential District), R-4
(Low Density Residential District), R-8 (Medium Density Residential
District), TN-C (Traditional Neighborhood Center District), L-O
(Limited Office District) and TN-R (Traditional Neighborhood
Residential District), (Municipal Code of the City of Meridian); and
1.5 WHEREAS, Owner and/or Developer made representations at the
public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the subject
Property will be developed and what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested annexation and
zoning designation of the subject Property held before the Planning &
Zoning Commission, and subsequently before the City Council, include
responses of government subdivisions providing services within the City
CITY OF MERIDIAN PLANNING DEPARTMENT' STAFF REPORT FOR HEARING DATE OF OCTOBER 14, 2008
of Meridian planning jurisdiction, and received further testimony and
comment; and
1.7 WHEREAS, City Council, the 6`~ day of February, 2007, 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 Owner and/or Developer to enter
into a development agreement before the City Council takes final action
on annexation and zoning designation; and
1.9 OWNER AND/OR DEVELOPER deems it to be in its best interest to
be able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and requests;
and
1.10 WHEREAS, City requires the Owner and/or Developer 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
the recently approved Ten Mile Interchanee Specific Area Plan
(adopted Juue, 200'n.
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 aze contractual
and binding and aze 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:
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 OWNER: means and refers to Linder 109, LLC, whose address is 1560
W. Carol Street, Meridian, ID 83642, the Meridian Library DisMct,
and Joint School District No. 2.. the party developing said Property and
shall include any subsequent owner(s) of the Property.
CITY OF MERIDIAN PLANNING DEPARTMIIVT STAFF REPORT FOR HEARING DATE OF OCTOBER 14, 2008
3.3 DEVELOPER: means and refers to JLJ Enterprises, Inc., whose address
is 1560 W. Carol Street, Meridian, ID 83642 the party developing said
Property and shall include any subsequent developer(s) of the Property.
3.4 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-2 (Low Density
Residential District), R-4 (Low Density Residential District), R-8
(Medium Density Residential District), TN-C (Traditional Neighborhood
Center District), L-O (Limited Office District) and TN-R (Traditional
Neighborhood Residential District), attached hereto and by this reference
incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
The uses allowed pursuant to this Agreement are only those uses allowed under
City's Zoning Ordinance codified at Meridian City Unified Development Code
Section 11-2A-2, 11-2B-2 and 11-2D-2, as follows:
• Conceptual construction and development of _
SotrthRid~e Development Agreement
Densities (re/anedl
Residential Sin le Famil
R2 58
R4 112
R8 35
TN-R 86
A ardnents "Phase" 4 N-R 204
A artments "Phase" S N-R 132
Beacon At SouthRid a N-C w/a roved Reaone 250
TOTAL 1277
COmmerCl/al/Relail/COmmun
Vill a Center S
GStore en Mile/Overland 3
Limited O ace S
Fire Station Parcel 1
School 1
Libr 1
TOTAL 16
O en S ace and Common
Parks and Useable O en S ace 22
Other O en Area Lots/S ace 63
TOTAL 85
GRAND TOTAL 1378
--- COmmertt [C1]: See note below for
explanation of change.
-- Comment [c2]: Staffis ~t
recommending including the future R-15
emits at this time as proposed by the
applica~ a Development Agreement
modification will be necessary in the
future if and when a rezone is approved
to R-I5. Staff has included the 21 mtits in
the R-8 unit count above.
CTl'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF OCTOBER 14, 2008
• on approximately 290.87 acres in the prepesed R-2, R-4, at~d R-
8, IrO, TN-R. and TN-C zones aertinent to this AZ 0(x031
application:
• Ten (10) parcels (to be developed and/or platted in the future)
per the Property Boundary Adjustment Application submitted
in September 2008 and approved on October 13.2008. Note
that four (41 of the lots indenAified in the Property Boundary
Adjustment as Parcels Z. S. 8, and 9 may not require plattinP in
order to develop (as a result of realiPnment of four legally
buildable parcels): however. they will be required to submit
and obtain approval of all necessary development applications:
and
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.i ,.., .,,~ mn~ a m~~ ~ ,..,.a i n .. °...;H°~.....
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner and/or Developer shall develop the Property in accordance with the
following special conditions:
1. That all future development shall not involve uses, activities,
processes, materials, equipment and conditions of operation that will
be detrimental to any persons, property or the general welfaze by
reason of excessive production of traffic, noise, smoke, fumes, glare
or odors.
2. That all future development of the TN-C and TN-R zoned lots with
frontage on Overland Road and Linder Road, be subject to Design
Review approval; that all TN-C zoned lots, except for the public
library, ~'-°' ° ° °• '°°°~ *•°° °•°~°° '°" and the two 1-story wines
attached to the 4-story assisted livine facility on Parcel 2, develoa
consistent with UDC standards for the TN-C zone seatain
st~st~es and that all commercial buildings in the TN-C zone be
located between the a public street and the pazking lot (as shown on
the e~iggna~revised master concept plan dated 4-~S-AH 10/10/OS.
attached as Exhibit A.31.
3. That all TN-R zoned lots and uses will comply with the recently
adopted TN-R standards adopted in the UDC (see also Ordinance#
06-1241); that the ~*1-G TN-R zoned area along Overland Road
midway between Linder and Ten Mile will include: at least 20
multi-family dwelling units with the dwelling-ems-structures being
located primarily between Overland Road and any surface parking
azea for the units; at least 20 attached single-family dwellings and/or
CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF OCTOBER 14, 2008
townhouse units; that a useable common open space azea (park) of at
least 10,000 squaze feet, excluding pazking areas and/or drainage
azeas, and including some recreational equipment (e.g. -gazebo with
benches, BBQ areas, tot-lot, swimming pool, clubhouse, etc.) be
provided on site; and an internal pedestrian connection to the ~A{-C
sexed property to the west shall be provided. kFhe-i~tee~is-that
4. That all future development of the subject property shall be
constructed in accordance with City of Meridian ordinances in effect
at the time of development (building permit submittal). All of the
future lots shall comply with the standard lot size, setbacks, and street
frontage requirements of the R-2, R-4, R-8, L-O, TN-C and TN-R
zones established in the UDC.
5. That the future uses and lots on this site shall conform to the District
Regulations and Allowed Uses contained in the Unified Development
Code (UDC), in effect at the time of development (building permit
submittal).
6. That the applicant will be responsible for all costs associated with the
sewer and water service extension.
7. That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available from the City
of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
8. That prior to issuance of any building permit, the subject property be
subdivided in accordance with the City of Meridian Unified
Development Code.
9. That only one public street access (Overland Roadl, and no eae
direct lot access or driveways to Ten Mile Road, will be allowed on
this site
• that a maximum of fivepublic street accesses, and
up to two driveways, to Overland Road will be allowed on this site
(not including the fire station, and subject to ACHD approval); and
that a maximum of two public street accesses, and no direct lot access
or driveways, to Linder Road will be allowed on this site (subject to
ACRD approval).
10. That public street frontage as shown on the revised master concept
plan, or a cross access/ingress-egress will be provided to Parcel
#S1223110500, which is located on Linder Road.
11. ~~at-With resaect to existinsz urivate road easements, the applicant
agrees to release any interest the subject properties may have in
Windy Ridge Lane and/or Old Thorn Lance Tkat as the areas are
develoued and/or slatted. Dunne the alattine of Parcel 10 (see
recently submitted PBA), the applicant agrees to construct at least
one stub street to the outpazcel m °-'°a '--~ -- ° t°« , ,:«t, «t,°
. (Parcel 10 will be the subject of a
future nreliminarv plat antolicationl. That the applicant agrees that
Comment [c3]: The Applicant
requested this be added; however, staff is
recommending it not be added because it
doesdt apply to the previously referenced
area. The TN-C zoned area that it
references is further to the east
Comment [c4]: The applicant
requested this section be modified to
allow aright-in/right-out access to Ten
Mile for the parcel on the north side of
Overland Road Staff is not supportive of
this access at this t®e without seeing
detailed development plans for the parcel
Additionally, the LJDC (11-3A-3) does
not allow access to arterials if access can
be provided from a local street or via a
cross-access msement from an adjacent
ProPeny
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF OCTOBER 14, 2008
they will not be allowed to record lots that are currently encumbered
by private lane easements, until said easements are vacated.
12. Excest for the assisted living facility on Parcel 2. the private
(sossibly aublic) park lot, and srivate clubhouse and pool shall be
included with~t the ~ please-e€fihis
en-~e slattine of Phase 1 (also identified as Parcel 1 in the
recently submitted PBA) but are not required to be constricted
or slatted with the first final slat (see also the attached/revised
master site plan~_ However, the park & arivate clubhouse & pool
do need to be platted and constructed prior to platting or
development on Parcels 3. 7. and 10 (as shown on the PBA).
Note that "
assrosriate develosment asslications are assroved for the
followine (see attached Proserty Boundary Adiustment):
a. Parcels 2. 5. 8 and 9 do not require slattint=_ bat will
require mate development asslication aaaroval
(i.e. - CZC, DES and soasibly CUP);
b. Parcels 1. 3. 4, 6, 7, and 10 will require assrosriate
detailed oreliminarv slattine/slattint? abases and final
slats• and
c. Develosment of all parcels must remain consistent with the
adopted Ten Mile Area Specific Plan, as submitted and
approved by the City. No variances to lot dimensions,
setbacks or block lengths shall be requested by the applicant
as part of the re-development or alattins of the mega-bets
su rcels.
13. That any future buildable lot shall not be encumbered by the existing
Northwest Pipeline easement that bisects this property.
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Street buffer landscaainp shall _
be installed as follows: the street buffer adiacent to Linder Road
on Parcel 1 in the TN-R zone shall be installed with the first final
plat for abase 1: all of the street buffer Iandscaioine adiacent to
Linder Road on Parcel 3 shall be installed with the first
develosment aaslication for Parcel 3; all of the street buffer
_ _ -- - Comment [C5]: The applicant requests
this sentence be added. However staff
proposes to modify the provision as
follows m be con.~stent with the PBA.
CI1'1' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF OCTOBER 14, 2008
landscaping adiacent to Overland Road on Parcels 4, 5, and 6
shall be installed with the first development application on any of
these parcels; all of the street buffer landscaping adiacent to
Overland Road and Ten Mile Road on Parcels 7 and 10 shall be
installed with the first development application on either of these
parcels; the street buffer landscaping adiacent to Overland Road
on Parcel 8 shall be installed with the development of Parcel 8:
and the street buffer landscaping adiacent to Overland Road and
Ten Mile Road on Parcel 9 shall be installed with the development
of Parcel 9. At this time. the UDC does not require street buffer
landscaping in the TN-C district; if the UDC changes in the future
and street buffers are required, the applicant shall comply with
future standards at the time of development.
15. That all internal landscaping shall be installed as each phase uarcel
develops or final plats, prior to occupancy of any structures within
each phase.
16. That the applicant agrees to plat ethe eziating public library let and en
elementary school let ap rcels with the first phase final plat of
development. That the applicant will file the drainage facility on the
northern property boundary, between the elementary school site and
the public library lot.
17. That with the construction of the first phase
beiag-gr~ate~} _ - Comme::t [c6]: The applicant
(PBA Parcel # , a 10-foot wide multi-use pathway_ _
-- - ------- ~ ~" p°n10n be striclcea
_
-------- - -
shall be constructed on this site generally consistent with the _
-~- Commettt[c7]:Theappticant
applicant's interconnectivity plan from Linder Road to the prfvete *~-"~~ ~ ~ aadea; however, staff `°
recommenaing it not he added and the
azk tern oraril terminatin at the la est azk with the
P ~ P Y g ~ ~ P ) ~thway be constructed with the fast
remainder out to Ten Mile Road to be constructed with future phases t~•
as they are brought in for development or ~replatting. The Qathway
from the largest park to Linder Road shall be constructed prior
to platting or development on Parcels 3. 7 and 10 (as shown on
the PBA). The city will require additional multi-use pathways that
are consistent with the City's Pathways Plan, generally along the
Ridenbaugh Canal and/or within the northwest pipeline easement, as
the filets parcels develop.
1 Q ~ A t...}.7..,. ..L...11 t.,. ..a...] 1.,.+...ee., •1.,_. ~..4..M «...1F:
1_. ...--~ Comment[c8]: Staffrecommendsthis
19. That the applicant agrees to provide at least the following amenities ~ stricken as the applicant proposes to
t l
hi
i
i
l
bh
l
d
t
d cover the ditch.
any
on t
s s
te: a commun
ty c
ouse, poo
azea, an
to
o
; an
u
other amenities required by the Commission and/or Council at the
public hearings.
Z0. That the applicant construct the Black Cat Trunk through this
development the intersection of S. Linder Road and American
Frontier Ihive with the first phase of this project. The invert elevation
at this point shall be in compliance with the City of Meridian's Master
Sewer Plan.
21. That the applicant agrees to construct a development and public street
system on this site that is in general compliance with the submitted
revised Overall Master Concept Plan (conceptual Proiect Master
Development Plan), prepazed by The Land Group, Inc., labeled sheet
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF OCTOBER 14, 2008
~A 1, dated 4~5-A610/10/08, with the provisions mentioned above
(detailed approval of the internal street systems will be reviewed and
approved with the ~e-~sebd~isiea development or platting of each
~xegtt;-let arcel . Provide a stub street, to at least one of the 5-acre
lots in Val Vista Subdivision, when •--°°° '°' ' a°••°'°~° the
anplicable/adiacent portion of PBA Parcel #7 is slatted. Said stub
street shall be located neaz the west property line. Also Similarly.
provide a public stub street to either, Pazcel #51223233905 or
S#1223234100 to the west, when ~-ega--lets PBA Parcel #7
appropriately plats and develops. NOTE: In accordance with
ACHD policy, the applicant should include language at temporary
termini of these stub streets that state that the roadways will be
extended in the future (portions of the fences will have to be removed
to accomplish this).
22. The applicant has agreed to limit the height of homes on the southern
border shared with Val Vista Subdivision and Aspen Cove
Subdivision to a single story with a maximum height of 22 feet
(measured from either the mid point of the front of the lot at the top
back of curb, or the mid point of the rear of the lot (whichever is more
restrictive), to the average height of the highest roof surface. The
applicant has also agreed to provide a greater than 50-foot rear
setback for the lots along the southern boundary. The applicant has
also agreed, and shall be required to construct a solid 6-foot tall
masonry fence adjacent to the lots in Val Vista Subdivision and
Aspen Cove Subdivision, prior to issuance of building permits within
the first final plat phase of the development
23. The applicant shall be required to construct a minimum of 1,000
residential units on the property and a maximum of r~ 1 77
residential dwelling units on the property, unless otherwise
specifically approved by the City Council through subsequent
applications.
24. The applicant shall comply with all adopted state and federal air and
dust particulate emission standards. The applicant shall make all
reasonable attempts to abate (mitigate) dust settling on adjacent
properties generated by the development of the property. The
applicant shall keep a water truck on site at all times, unless otherwise
allowed by authorized city staff, and the applicant shall use said truck
to abate the emission of dust.
25. With the development of the village center at Overland Road and
Linder Road, the applicant shall incorporate and build at least one
transit stop, including benches and covers. The applicant shall
incorporate and construct a pazk and ride area neaz the proposed fire
station and Ten Mile Road.
26. Prior to the signature of the first final plat, the applicant shall submit
and obtain Desi~ Review approval (if established); or submit and
obtain City Council approval fe~j_or a development agreement
modification) of plans that proposes specific and detailed
azchitectural guidelines for this development and that address (at a
minimum) variety in structures within a block, building mass,
building materials, rooflines, colors, and architectural styles.
Comment [e9]: The applicant
requested this text be added; however,
staff is not supportive of the change b/c
the Council specifically requested that
fencing adjacent to lots in Val Vista &
Aspen Cove be constructed prior to
+~a,+Ance of building permit within the
fnst phase. Smffbelieves the intent was
to require fencing prior to the release of
building permits with the onset of
development of Southridge.
Comment [e10]: Reflects total
member of residential units as revised in
114.1
CTl'1' OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF OCTOBER 14, 2008
27. The applicant shall work with ACHD to align Overland Road to
accommodate development of the Prather property to the west (across
Ten Mile Road).
~Q br,... nm .. .,es~ i~,, s.,, a„..s......a ....ai,... s..~+,,,t s.. ~ti.. 6'.0..w....
e..a,... ~~ a~..,,~,... i.... .s,. ,.r ..~s..~....,..... ..r c .... ~......n..
29. Developer shall be per-meted allowed to submit ~ development
apDlicatiOII(S) '^ -`s°a ..s..ea
that may not be continuous with env
previously submitted or approved development phase(s) or plats
within the development.
30. For access purposes to Parcel 9, a final plat shall be recorded for
Parcel 10 prior to development of Parcel 9.
31. For access purposes to Parcel 5, a final plat shall be recorded for
Parcel 4 prior to the development of Parcel 5.
6. 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 Owner and/or Developer or Owners and/or Developers heirs, successors, assigns, to
comply with Section 5 entitled "Conditions Governing Development of Subject Propert}~' of this
agreement within two years of the date this Agreement is effective, and after the City has
complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any
subsequent amendments or recodifications thereof. -
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
Owner and/or Developer consent upon default to the reversal of the zoning
designation of the Property subject to and conditioned upon the following conditions precedent
to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Owner/Developer and if the Owner/Developer fails to cure
such failure within six (6) months of such notice.
8. INSPECTION: Owner and/or Developer 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 Development Agreement and all other ordinances of the City that
apply to said Development.
. _ - Comment [cii]: The applicant
sequested this provision be added;
however, Staff does not Feel it is
necessary es it is covered in # 12 above.
CITY OF MERIDIAN PLANNING DEPARTMINT STAFF REPORT FOR HEARING DATE OF OCTOBER 14, 2008
DEFAULT:
9.1 In the event Owner and/or Developer, Owner and/or Developer's heirs,
successors, assigns, or subsequent owners of the Property or any other
person acquiring an interest in the Property, fail to faithfidly 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.
9.2 A waiver by City of any default by Owner and/or Developer 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.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner and/or
Developer's cost, and submit proof of such recording to Owner and/or Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re-zoning 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.
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner and/or Developer, or by any successor or successors in title
or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree that
City and Owner and/or Developer 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.
12.2 In the event the performance of any covenant to be performed hereunder
by either Owner and/or Developer or City is delayed for causes which
are beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF OCTOBER 14, 2008
13. 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, to insure that installation of the improvements, which the Owner and/or
Developer agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner and/or Developer agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the City
and Owner and/or Developer 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.
15. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agrees
to abide by all ordinances of the City of Meridian and the Property shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained
in the Findings of Fact and Conclusions of Law, this Development Agreement, and the
Ordinances of the City of Meridian.
16. 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:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
DEVELOPER:
JLJ Enterprises, Inc.
1560 West Carol Street
Meridian, ID 83642
(MERIDIAN LIBRARY DISTRICT
JOINT SCROOL DISTRICT N0.2
With Copy t0:
OWNER:
Linder 109, LLC
1560 West Carol Street
Meridian, ID 83642
..,-- Comment [C12]: Meridian Library
District and Joint School District No. 2
also need to be sigmtors.
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
CTfY OF MERIDIAN PLANNING DEPARTMIIVT STAFF REPORT FOR HEARING DATE OF OCTOBER 14, 2008
16.1 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.
17. 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 separate contract between the
parties and shall survive any default, termination or forfeiture of this Agreement.
18. 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
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and
inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including City's corporate authorities and their successors in office. This
Agreement shall be binding on the Owner and/or Developer 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 Owner and/or Developer, to execute appropriate and recordable evidence of
termination of this Agreement if City, in its sole and reasonable discretion, had determined that
Owner and/or Developer have fully performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not valid
by a court of competent jurisdiction, such provision shall be deemed to be excised from this
Agreement and the invalidity thereof shall not affect any of the other provisions contained herein.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF OCTOBER 14, 2008
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner and/or Developer 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 Owner and/or Developer 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.
21.1 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
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.
22. 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.
OWNER
CINDER 109, LLC
Tim Eck, Managing Member
DEVELOPER
JLJ ENTERPRISES, INC.
Steve-Based James L. Jewett, Vice President
MERIDIAN LIBRARY DISTRICT
JOINT SCHOOL DISTRICT N0.2
--- Comment [C13]: Meridian L'brary
-- - -- -- - - --- ---- -- District and]ointSchoolDistrictNo.2
also need to be added es sigoatars.
CTI'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF OCTOBER 14, 2008
CITY OF MERIDIAN
By:
MAYOR TAMMY de WEERD
ATTEST:
CITY CLERK
CITY OF MERIDIAN PLANNING DEPARTMEATC STAFF REPORT FOR HEARING DATE OF OCTOBER 14, 2008
STATE OF IDAHO )
ss
County of Ada )
On this day of , ~~2008, before me, the undersigned, a
Notary Public in and for said State, personally appeared Tim Eck, known or identified to me to be
the Managing Member of Linder 109, LLC, who executed the instrument and acknowledged to
me that he executed the same on behalf of such corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
(SEAL)
STATE OF IDAHO )
ss
County of Ada )
Notary Public for Idaho
Residing at:
My Commission Expires:
On this day of , ~'~2008, before me, the undersigned, a
Notary Public in and for said State, personally appeared Steve~ead James L. Jewett, known or
identified to me to be the Vice President of JLJ Enterprises, Inc., who executed the instrument
and acknowledged to me that he executed the same on behalf of such corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO )
ss
County of Ada )
On this day of , ~'~2008, before me, a
Notary Public, personally appeared Tammy de Weerd and `_'~"~°-~ ~. ne..,. Jaycee Holman, Jr.,
know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who
executed the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF OCTOBER 14, 2008
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written
(SEAL)
Notary Public for Idaho
Residing at:
Commission expires: _
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR HEARING DATE OF OCTOBER 14, 2008
Previously
Approved
ma~mq - - - -.~
'~
~~
~~
~~
Exluibit A.3 -Revised Master Development Plan (dated: 10/10/08, prepared by The
Land Group)
~~
o 'moo
~~ ~e.o..mm°
CITY OF MIIiIDIAN PLANNING DEPARTMIIVT STAFF REPORT FOR HEARING DATE OF OCTOBER 14, 2008
Property Bound~'Stt4
Linder 109 LLC
sued in a porgy alErelu',12m t;+,
the td1At tr4 at dre b`~ 7/4 stn 23.
Tafp 3 1991esL tI;M.
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AG8't. 0481611
Ezbibit A.4 -Property Boundary Adjustment Record of Survey (not yet recorded)
~ RCS
9MgP P - :aMa+a. a
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~ 41 P 9W 9R sp 96Tk, liCfilSf.L~Bab
ama- weaaoe c~
yly-B}-O-Q-OP~PY VL q$! BleIIl 1
Mayor Tammy de Weerd
E IDIAN
City Council Members:
��/-'�y - Keith Bird
11 I t d4 Joe Borton
Charles Rountree
SEP z 4 2008 David Zaremba
.L
1
I)VICE
,1 Y
A�ISIIaITTALS TO AGENCIES FOR COMMENTS ON
ELOMP 1MMJECTS WITH THE CITY OF MERIDIAN
CffY OFTyr
ceAfs and recommendations will be considered by
the Meridian City Council please submit your
comments and recommendations to Meridian City Hall
Attn: Jaycee Holman, City Clerk, by: October 7, 2008
Transmittal Date: September 22, 2008 File No.: MDA 08-004
Hearing Date: October 14, 2008
Request: Public Hearing - Modify the Development Agreement for Southridge
Subdivision
By: Linder 109 LLC / Jim Jewett
Location of Property or Project: south of Overland Road, between S. Ten Mile
Road and S. Linder Road
Joe Marshall (No FP)
David Moe (No FP)
Wendy Newton-Huckabay (No FP)
Michael Rohm (No FP)
Tom O'Brien (No FP)
Tammy de Weerd, Mayor
Charlie Rountree, C/C
Brad Hoaglun, C/C
Keith Bird, C/C
David Zaremba C/C
Water Department
X Sewer Department
Sanitary Services (No VAR, VAC, FP)
Building Department / Rich Greene
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Economic Dev. (CUP only)
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Office (FP/PP/SHP only)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Irrig. District
Settlers Irrig. District
Idaho Power Co. (FP,PP,CUP/SHP only)
Qwest (FP/PP/SHP only)
Intermountain Gas (FP/PP/SHP only)
Bureau of Reclamation (FP/PP/SHP only)
Idaho Transportation Dept. (No FP)
Ada County Ass. Land Records
Downtown Projects:
Meridian Development Corp.
Historical Preservation Comm.
South of RR / SW Meridian:
NW Pipeline
New York Irrigation District
Boise.Kuna Irrigatioq District
a.
City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642
Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org
Machelle Hill
From: Larry Strough [Larry.Strough@itd.idaho.gov]
Sent: Tuesday, September 30, 2008 11:33 AM
To: Barbara Shiffer; Machelle Hill
Cc: Pam Golden
Subject: MDA 08-004
Attachments: SKMBT C25008093011260.pdf
We have no comment on the enclosed notice
Page 1 of 1
1D 1�
\50Q'thnl 5w6
Thank You. <<SKMBT_C25008093011260.pdf>>
10/8/2008