Twelve Oaks MDA CUP H-2016-0100CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0100 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Modification to the Development Agreement for Twelve Oaks
(fka Hark’s Canyon Creek Subdivision) to Update the Development Plan for the Site, by Jim
Jewett, Twelve Oaks, LLC.
Case No(s). H-2016-0100
For the City Council Hearing Date of: September 6, 2016 (Findings on September 20, 2016)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 6, 2016, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 6, 2016, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 6,
2016, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 6, 2016, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0100 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of September 6, 2016, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for a modification to the development agreement is hereby approved
per the provisions in the Staff Report for the hearing date of September 6, 2016, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within six (6) months of the City Council granting annexation and/or rezone (UDC 11-5B-3D).
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification (UDC 11-5B-3F).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the six (6) month approval
period (UDC 11-5B-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to 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 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 Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board 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. Attached: Staff Report for the hearing date of September 6, 2016
By action of the City Council at its regular meeting held on the day of 6 e<,
2016.
COUNCIL PRESIDENT KEITH BIRD
COUNCIL VICE PRESIDENT JOE BORTON
COUNCIL MEMBER ANNE LITTLE ROBERTS
W -911i► 10 LTj 19105l: ' : ul a It
COUNCIL MEMBER LUKE CAVENER
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
(TIE BREAKER)
Attest:
C.%y Core
City Clerk
VOTED yeL!
VOTED
VOTED
VOTED—ye-'l
VOTED Yel
VOTED /`^?
VOTED
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: / "L Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2016-0100 - 3 -
EXHIBIT A
Twelve Oaks – MDA H-2016-0100 1
STAFF REPORT Hearing Date: September 6, 2016
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
SUBJECT: Twelve Oaks (fka Hark’s Canyon Creek Subdivision) – MDA (H-2016-0100)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Jim Jewett, Twelve Oaks, LLC, requests a modification to the existing development
agreement (MDA) for Hark’s Canyon Creek Subdivision. The applicant proposes to update the
development plan for this site. See Section IX Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA with the changes shown in Exhibit A.3 and A.4,
attached.
The Meridian City Council heard these items on September 6, 20106. At the public hearing, the
Council approved the subject MDA request.
a. Summary of City Council Public Hearing:
i. In favor: Jim Jewett
ii. In opposition: None
iii. Commenting: Tom Roam
iv. Written testimony: Jim Jewett
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. Concern for safety of animals on adjacent property to the east (Roam property).
c. Key Issues of Discussion by Council:
i. Fencing along east boundary of site adjacent to the Roam property.
d. Key Council Changes to Staff Recommendation
i. Include a provision for fencing to be provided along the east boundary of site adjacent to the
Roam property matching that along the north boundary of the Roam property (see provision
#6.1.10 in Exhibit A.4).
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0100 as
presented in the staff report for the hearing date of September 6, 2016, with the following modifications:
(Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny H-2016-0100 as presented during
the hearing on September 6, 2016, for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2016-0100 to the hearing date of (insert continued hearing date here) for
the following reason(s): (You should state specific reason(s) for continuance.)
EXHIBIT A
Twelve Oaks – MDA H-2016-0100 2
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located at 1845 W. Franklin Road, in the NE ¼ of Section 14, Township 3N.,
Range 1W.
B. Owner(s):
Twelve Oaks, LLC
167 E. Whitespur St.
Meridian, ID 83642
C. Applicant:
Jim Jewett, Twelve Oaks, LLC
167 E. Whitespur St.
Meridian, ID 83642
D. Representative:
Carl Porter, Sawtooth Land Surveying, LLC
2030 S. Washington Ave.
Emmett, ID 83617
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a development agreement modification. A public hearing is required
before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: August 15, and 29, 2016
C. Radius notices mailed to properties within 300 feet on: August 11, 2016
D. Applicant posted notice on site by: August 26, 2016
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of undeveloped land that is zoned C-C and TN-R.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
South: Single-family residential properties in Whitestone Estates, zoned R-4;
East: Rural residential/agricultural property, zoned R1 in Ada County and commercial uses, zoned C-C;
West: Rural residential/agricultural property, zoned R1 in Ada County and C-C
North: W. Franklin Road and industrial uses, zoned I-L
C. History of Previous Actions:
In 2006, this property received the following approvals:
Annexation and Zoning (AZ-05-056) of 10.15 acres with a C-C zoning district and 6.08 acres
with a TN-R zoning district under the name of Hark’s Canyon Creek Subdivision. A
development agreement was approved as a provision of the annexation, recorded as Instrument
No. 106180812;
Conditional Use Permit (CUP-05-051) for a mixed use development within 300 feet of a
residential district;
EXHIBIT A
Twelve Oaks – MDA H-2016-0100 3
Preliminary Plat (PP-05-058) consisting of 29 single-family residential building lots, 7
commercial building lots and 8 common/other lots;
Alternative Compliance (ALT-06-004) to UDC 11-2B-3 which requires a 25-foot wide
landscape buffer to residential uses in the C-G zoning district to allow a reduced buffer width;
and
Modification to the pending approved development agreement (MI-06-006) to allow temporary
construction fencing between Lot 5, Block 3 and Lot 19, Block 3, rather than permanent
fencing, to limit public access to the Ten Mile Creek during construction.
In 2007, this property received the following approvals:
Private street (PS-07-006) approval of two streets within the subdivision; and
Final Plat (FP-07-017) consisting of 29 townhome building lots, 7 commercial building lots and
8 common/other lots on 6.29 acres of land in the TN-R and C-C zoning districts.
In 2008, an 18 month time extension (TE-08-004) on the preliminary plat was approved to obtain
the City Engineer’s signature on a final plat.
In 2010, another time extension (TE-10-030) on the preliminary plat, for two years, was approved
to obtain the City Engineer’s signature on a final plat, which expired on October 25, 2012. A final
plat was not signed by the City Engineer and another time extension was not requested within the
time period allowed under the time extension; therefore, the preliminary plat expired.
In 2013, a modification to the development agreement (MDA-13-008) (Instrument No. 106180812)
was approved that updated the development plan for the site, recorded as Instrument No.
113080081 & 113103818.
Also in 2013, a combined preliminary and final plat (PFP-13-001) was approved consisting of 2
building lots on 9.43 acres of land in the TN-R and C-C zoning districts.
In 2015, a short plat (H-2015-0025) was approved consisting of 4 building lots on 1.44 acres of
land in the C-C zoning district at the northeast corner of the site.
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer is currently installed in Franklin Road.
b. Location of water: Water is currently installed in Franklin Road.
c. Issues or concerns: NA
E. Physical Features:
1. Canals/Ditches Irrigation: There is an irrigation ditch that runs along the northern portion of the
west property boundary and along the western portion of the north property boundary that has been
piped.
2. Hazards: There are no known hazards that exist on this property.
3. Floodplain: This property does not lie within a floodplain.
VII. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
EXHIBIT A
Twelve Oaks – MDA H-2016-0100 4
The request is to amend the first addendum to the existing Development Agreement (DA) (Instrument
No. 113080081 & 113103818) to update the development plan for the site.
The existing conceptual development plan included in the DA depicts single-family (12-15 units) and
multi-family (40+/- units) residential, a residential care facility (35+/- units), and commercial uses (4
pads) with a large central open space area containing a pond. A conceptual elevation for the townhomes
was also included (see Exhibit A.2).
The proposed conceptual development plan depicts a multi-family residential development with a mix
of 8-plex and 12-plex apartment buildings and duplexes (106 units) with a clubhouse, and one 2,900
square foot commercial building pad (the development plan for the commercial portion of the property
at the northeast corner is not proposed to change and is not included in the subject amendment). The
residential care facility has been removed. A segment of the City’s multi-use pathway system is
depicted from the southern to the northern boundary of the site in accord with the Pathways Master Plan
and as required in the DA. The proposed gross density of the development is 13.27 dwelling units/acre
with a net density of 13.86 dwelling units/acre.
The Future Land Use Map (FLUM) contained in the Ten Mile Interchange Specific Area Plan
(TMISAP) designates the southern portion of this property as Medium High-Density Residential
(MHDR) and the northern portion as Mixed Use – Commercial (MU-C). The proposed density falls
within the density desired in MHDR designated areas of 8-15 units/acre and in MU-C designated areas
of 8-12 units/acre with higher densities allowed on individual projects.
The proposed multi-family development requires conditional use approval in the C-C district and is a
principal permitted use in the TN-R district per UDC Tables 11-2B-2 and 11-2D-2. A conditional use
permit application is currently in process that is scheduled to be heard by the Commission on October
6th; approval of which is contingent upon approval of the proposed MDA.
One driveway access is depicted via W. Franklin Road for the site with driveways stubbed to the
properties to the west at the northwest and southwest corners of the site for future extension. The
previous plan depicted public streets for internal access with a cul-de-sac at the southwest corner of the
site. For future interconnectivity, the DA required the east/west public street to be stubbed to the west
boundary for future extension at the southern end of the site. Because public streets are no longer
proposed, the applicant proposes to delete DA provision #6.1.5 that requires a public street to be
extended to the west boundary for future extension. Because the proposed concept plan depicts a
driveway stub to the west boundary, staff recommends approval of this change. Staff further
recommends DA provision #6.1.6 is modified to remove the text referencing a public street and
correct/add the parcel numbers on the properties to the west (see Exhibit A.4).
Conceptual building elevations have been submitted for the apartments, duplexes, garages, and
clubhouse structures; elevations were not submitted for the commercial structure. The apartments
consist of 2 and 3 story structures; the duplex structures are 2 stories; and the clubhouse is a single-
story. Building materials for all of the structures on the site appear to consist of a mix of stucco and
vertical siding. The applicant requests DA provision #6.1.9 is deleted which requires development of
the single-family homes to be consistent with the previously approved conceptual elevations. Instead of
deleting the condition, staff recommends it’s modified to require future development to be generally
consistent with the concept plan and elevations proposed with this application and comply with the
design standards in the Architectural Standards Manual (see Exhibit A. 4).
A Certificate of Zoning Compliance and Design Review application is required to be submitted for the
apartment, garage, and commercial structures; only Design Review is required for the duplex structures.
Future development should be consistent with the elevations contained in Exhibit A.3. Final design is
required to be consistent with the design standards listed in UDC 11-3A-19 and the Architectural
Standards Manual.
EXHIBIT A
Twelve Oaks – MDA H-2016-0100 5
Staff is supportive of the changes to the DA requested by the applicant as amended by staff in Exhibit
A.4.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Existing Conceptual Development Plan & Building Elevations
3. Proposed Conceptual Development Plan (dated: 6/24/2016) & Building Elevations
4. Proposed Amended Development Agreement as Recommended by Staff
EXHIBIT A
Twelve Oaks – MDA H-2016-0100 6
Exhibit A.1: Vicinity Map
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Exhibit A.2: Existing Conceptual Development Plan (dated: 10/14/05)
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Exhibit A.3: Proposed Conceptual Development Plan (dated: 6/24/2016) & Building Elevations
EXHIBIT A
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EXHIBIT A
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Exhibit A.4: Proposed Amended Development Agreement as Recommended by Staff
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 as Meridian City Unified Development Code:
Application for a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to
future development in the C-C and TN-R zones, and the pertinent provisions of the City of Meridian
Comprehensive Plan are applicable to this MDA-13-008 application development.
4.2 No change in the uses specified in this Agreement shall be allowed without modification of this
Agreement.
5. DEVELOPMENT: “Owner and/or Developer” has submitted to “City” a Conceptual Site Plan attached
as Exhibit “B”, and shall be required to obtain the “City” approval thereof, for a preliminary and final
plat of the subject property.
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
6.1 “Owner/Developer” shall develop the “Property” in accordance with the following special conditions:
1. That the Owner and/or Developer will be responsible for all costs associated with the sewer and
water service extension. Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services
are available from the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
2. That all future development of the subject property shall be constructed in accordance with City of
Meridian ordinances in effect at the time of development. All future uses shall not involve uses,
activities, processes, materials, equipment and conditions of operation that will be detrimental to
any persons, property or the general welfare by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors.
3. The Owner and/or Developer shall provide a surety agreement for the construction of a multi -use
pathway through the site from the Ten Mile Creek to W. Franklin Road and pedestrian bridge
across the Ten Mile Creek in accordance to Unified Development Code 11-5C prior to the issuance
of the first certificate of occupancy in this development.
4. The Owner and/or Developer shall coordinate with the Meridian Parks Department and Nampa
Meridian Irrigation District to define the location of the multi -use pathway, bridge maintenance,
and landscaping along the Ten Mile Creek.
5. The public street depicted on the concept plan for access to the single-family residences at the
southern end of the site shall extend to the west property boundary for future extension.
6. A cross-access/ingress-egress easement or a public street stub (as applicable) shall be recorded to
the properties to the east (Parcel #’s R8956000010 & R8956000200) and west (Parcel
#S12141206631 & #S1214121134) prior to issuance of any building permits for the site. In lieu of
access being provided from the subject property to Parcel # R8956000200, a cross-access/ingress-
egress easement may be granted instead through the Hark’s Corner property (to the east of the
subject property) with the property owners consent. In this case, a cross-access/ingress-egress
easement shall be recorded to Parcel # R8956000200 along with consent for a minimum 20-foot
wide section of the concrete fence to be removed for the access to occur.
EXHIBIT A
Twelve Oaks – MDA H-2016-0100 16
7. Access to the site via W. Franklin Road is limited to one access point unless otherwise waived by
City Council in accord with UDC 11-3A-3A. City Council approved a waiver for the second access
via Franklin Road shown on the site plan, contingent upon approval by ACHD.
8. The commercial portion of the site is depicted on the concept plan to consist of a two retail pads
consisting of 2,900 and 1,750 square feet (s.f.); a 3,525 s.f. bank; and a 4,500 s.f. dental office. In
determining consistency with the concept plan, building sizes on these pads shall be allowed a 20%
increase or decrease in size.
9. Development of the single-family homes site shall be consistent with the conceptual site plan and
elevations included as Exhibit “B” unless otherwise modified through an amendment to this
agreement. Compliance with the design standards listed in the Architectural Standards Manual is
required.
10. An 8-foot tall concrete fence is required to be constructed along the east boundary of the site
adjacent to the Roam property (Parcel No. R8956000200) to match the existing fence along the
north boundary of the Roam property.