MDA-13-008 TWELVE OAKS,,{te* 1,2L'9 @
DIAN Planning Division
DEVELOPMENT AGREEMENT MODIFICATION
Application Checklist
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Projegt name: TvtlOWe 0 af 6 rrc*,,/L'llll - / \
Applicant/agent: JLT, I nC.
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All applications are required to contain one copy of the following:
APPLICATION WILL NOT BE ACCEPTED UNLESS ALL APPLICABLE ITEMS ON THE CHECKUST ARE
SUBMITTED. THIS APPUCATION SHALL NOT BE CONSIDERED COMPLETE (NOR WILLA PUBLIC
HEARING BE SET) UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION.
33 E. Broadway Avenue, Suite 102 o Meridian, Idaho 83642
Phone: (208) 884-5533 o Facsimile: (208)
888-6854 o Website: www.meridianciry.org
(0408/2013)
Applicant
(i) - Description Staff
(i)
Completed & signed Commission & Council Review Application
/
Narrative fully describing the proposed request, including but not limited to the following:
6 Explain your interest in the original Development Agreement
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.6 Date of original approval of development agreement by City
Recordation date of development agreement and instrument number
Reason for development agreement modification (be specific and detailed)
Sections of development agreement to be modified and proposed modifications
Jt Affidavit Any of Legal other Interest supporting signed information & notarized by the property owner (rf owner is
a corporation,
r/an Scaled the Articles of the location or other of the that the ls
/ Pre-application meeting notes (All apptications
application meeting with the Plaqning Department.)
that require a public hearing are required to conduct a pre-
,/, Neighborhood meeting sign-in sheet (Applicants are required to hold a neighborhood meeting to provide
an opportunity for public review of the propose4project prior to the submittal of
an application.) l--/
r/applicanVagentt Parcel Commitment verification of Property letter from Posting Development form signed Services the (887 -221 l)
V \eeT6o)
CENTRAL DISTRICT HEALTH DEPARTMENT
Environmental Health Division E] ACZ
E Boise
fl Eagle
E Garden City
E Kuna
E Meridian
Cr<Star& E
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Return to:
Rezone #
Preliminary I Final I Short Plat
Conditional Use #
zA cenrret
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K L:flTHEALTH: DEPARTMENT
We have No Objections to this Proposal.
We recommend Denial of this Proposal.
Specific knowledge as to the exact type of use must be provided belore we can comment on this Proposal.
We will require more data concerning soil conditions on this Proposal before we can comment.
Before we tr trcharacteristics can high bedrock comment seasonal from concerning original ground grade waler individual sewage O tr disposal, waste other flow we will require more data
concerning the depth of:
fle After written p central approval sewage lrom appropriate O entities community are sewage submitted, system we can approve E community this proposal water lor: well
E interim sewage Vcentral water
tr individual sewage O individualwater
$I S The following Vcentral plan(s) sewage must be submitted D community to and approved sewage by system the ldaho Department E community of water Environmental Ouality:
El sewage dry lines 94entralwater
E to. tnis Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
E t t. tt restroom facilities are to be installed, then a sewage system MUST be installed to meet ldaho State
Sewage Regulations.
E tz. We will require E D food beverage plans establishment be establishment submitted for a plan E E review grocery swimming for any:store pools or spas E child care center
Q,as
lnfiltration beds for storm water disposal are considered shallow injection wells
submitted to CDHD,
An application and fee must be
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15726 001ENt 111
tr 14.
Date
Review Sheet
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trs.
E O. tnis office may require a study to assess the impact of nutrients and pathogens to receiving ground
waters and
surface waters.
tr z. This project shall be reviewed by the ldaho Department of Water Resources concerning well construction and
water availability,
Reviewed By:
Item #6E: Twelve 0aks (MDA.13-008)
Application(s);
> DevelopmentAgreementlvlodification
Size of property, existing zoning, and location: This site consists of 9.4 acres, is currently zoned C-C&TN-R, and is
located at '1845
W. Franklin Road on the south side of Franklin, west of Linder.
Summary of Request: The request is to amend the existing DA to allow for a change in the overall development plan for the
site. The amendment also includes changes to the text of the agreement to eliminate the references to the preliminary plat
which has expired and the requirement for detailed CUP approval. Because the previous project was approved under a
CUP/planned development with a conceplual development plan, a detailed CUP was required for all future buildings on the
site prior to submittal of any Certificate of Zoning Compliance. Since that time, the City has adopted design standards and
guidelines and detailed CUP approval is no longer necessary to ensure quality of design.
The existing concept plan included in the DA depicts a mixed use poect consisting of SFR townhomes, condo's & community
business uses.
The proposed concept plan depicts multr{amily residential (40+l units), a residentialcare facility (35+l
units), singleJamily
residential ('12-15 units) and 4 commercial pads with a central open space area containing a pond. The commercial
portion at
the northeast comer of the site will be an addition to the Hark's Corner commercial poect to the east. The proposed plan is
consistent with the Comp Plan FLUM designation of MHDR & Mixed Use Community for this site and the C-C & TN-R districts.
A pedestrian bridge crossing the Ten Mile Creek is also proposed to be constructed off-site to provide
connectivity between
the proposed development and the residences in Whitestone Estates subdivision to the south. Palhways are proposed
connecting the park and open space area to the residential & commercial components of the development.
Conceptual building elevations have not been submifted for this development. Because design review is not rcquired for
singlelamily homes, staff has advised the applicant to present conceptual elevations to the Council dlhehe*nE.to ensure
qualv of development.
Outstanding i. Access lssue(s) via for Franklin City Council:Road - The applicant requests 2 accesses as shown on the concept
plan. The UDC restricts
ii. access Cross-access to arterial or a streets stub street unless to waived the Roam by Council parcel to (& the approved east - by ACHD)
ln lieu of cross-access being granted through the
subject property, the property owner to the northeast,
Larry Van Hees, would like to grant a cross-
access/ingress-egress easement to the Roam property through Hark's Corner instead. Staff is fine with this as
long as an access easement is recorded as such and allows for removal of a minimum 20' wide section of wall
that cunently separates the property. lf Council agrees, DA provision 16.1.6 should be revised accordingly to
allow for either option. Until an easement from Mr. Van Hees is recorded, he requirement falls tokis property.
iii, Conceptual building elevations for the singlejamily homes
Written Testimony: None
Staff Recommendation: Approval
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Notes:
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location of the m.ultiuse pathway, bridge maintenance, and
landscaping along the Ten Mile Creek.
Tlre Owner/Developer shall mainrain lrtt lg,Block 3 in a state free of
accumulation of junk, noxious weeds, and shall install a temporary
constmction fence along the south boundary of Lot 5 Block 3 to limit
public access to lot 19, Block 3 and the Ten Mile Creek during
constnrction.
The Owner/Developer has agreed that all of the TN-R residential
units will be constructed with fire sprinkler systerns to mitigate for
the 5' setback to alley required by the Meridian Fire Department as
discussed in April 4,2N6.
That the Owner/Developer shall provide trash pickup/refuse pads at
the end of the dead end -
shortened alley as shown on the site plan
and discussed on April 4,20f,l6.
7. COMPLIANCEPERIOD/CONSENTTOREZOIYE:ThisAgreementand
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owner/I)evelopef'or "Owners/Developers" heirs, successors, assips,
to comply with Section 6 entitled "Conditions Governing Development of Subject Property''
of this agreement within two years of the date this Agreement is effective, and after the
"City" has complied with the notice and hearing procedures as outlined in Idaho Code
g 67-
6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE.AIYNEXATION AIYD RSVER.SAL OF'
ZONING DESIGNATION:
"Owner/l)eveloper" consents upon default to the reversal of the 2sning
designation of the "Propefty'' subject to and conditioned upon the following conditions
precedent to-wit:
8.1 That the "City" provide written notice of any failure to comply with
this Agreement to "OwnerlDevelope/' and if the "Owner/Developed'
fails to cure such failure within six (6) months of such notice.
9. INSPECTION: "Owner/Developer" sball, immediatelyuponcompletion of
any portion or the entirety of said development of the '?roperty" as required by this
agreement or by City ordinance or policy, notify the City Engineer and request the City
DEVELOPMENT AGREEMENT (A205-056) HARKS CANYON CREEK SUBDTyISION
5
6.
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PAGE 5 OF 1I
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and pbrases herein contained in this section shall be defined and interpreted as herein
provided for, rrnlg5s the clear context of the presentation
of the same requires otherwise:
3.1 "CIIY': means and refers to the City of Meridian, a parry to this
Agreement, which is a municipal Corporation and goyernment
subdivision ofthe state ofldaho, 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/DEYELOPER':
means and refers to Franklin Centre,
I T .C, whose address is 1767 West FranHin Roa4 Meridian, ID 836/;2
the party developing said'?roperty''and shall include any subsequent
owners and/or develorper(s) of the
*Propeny''.
3.3 "PROI|ERT!"': means and refers to that certain parcel(s) of
"Property" Iocated in the County of Ada City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned C-C (Community Business Disnicr) urd TN-R ffraditional
Neighborhood Residential) attached hereto and by this reference
incorporated herein as if set forth at length.
4_ USES PERIVtrTTED BY TIIIS AGREEMENT:
4.t The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Unified Development Code:
Applicatbn tor a Cenifuate of Zoning Compliancc shall be
suhmifrod to the City of Meridian prior n afunre develapment ia
the C-C and TN-R zones, and the pertinent prwisions of the City of
Meridian Comprehensive Plan f,re applicable to this AZ 05-056
applicatton.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
DEVELOPMENT AGREEMENT (AZ 05{56) HARKS CANYON CN.EEK SIJBDTVISION
PAGE 3 OF 11
5. DEYELOPMEI.IT IN CONDITIONAL USE: "Owner/Developer" has
submitted to "City'' an application for conditional use permit site plan
dated July 19, 2005,
and shall be required to obtain the "City"' approval thereof, in accordance to the City's
Zowng and Development Ordinance criteria, therein, provided, prior to, and as a condition
of, the commencement of construction of any buildings or improvements on the "Property"
that require a conditional use pennit. No new buildings are approved for construction under
this conceptual CIJP/PD application. AII futurc buildiugs shall require approval of a detailed
CUP prior to submittal of any Certificate ofZoning Compliance application and/or building
permit. This section shall only apply to the C-C zone.
6. CONDITIONS G'oYERNING DEYELOPMENT OF SUBJECT
PROPERTY:
6.1. "Owner/Developer" shall develop the '?roperty'' in accordance with the
following special conditions :
That the "Owner/l)evelopef' 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 Clty Ordinance Section
5-7 -517 , when services are available from the City of Meridian. Wells
may be used for non-domestic pulposes such as landscape irrigation.
That all futue 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 invelve 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.
The Owner/Developer shall provide a surcty agreement for the
construction of the multi-use pathway and bridge in accordance to
UDC l1l5C unless a development application has been submitted for
I-ot 19 Block 3 prior to the issuance of the first certificate of
occupancy in llarks Canyon Creek Subdivision.
4. The OwnerlDeveloper shall coordinate with the Meridian Parks
Deparunent and Nampa Meridian hrigation District to define the
DEVELOPMENT AGREEMENT (AZ 05456) HARKS CAI.IYON CREEK SUBDIVISION
PAGE4OF 11
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3, Concep,tnal Site plan
(datcd: tuly 29, 2005)
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Ilarls Canyon Creek Subdivision
Exhibit A Page 3
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McKibbon + CooporArchitects
Atchiteclum + Urban oesign
515 W€sl Ha}t Slrest
Bolse, ldaho 83702
208.343,785 1
Exterior materlals wlll be a combination of stucco and stone on all four
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llarkr Galryon Creek
Conocptuel ltr Condomlnlum Pnllmtnary Srect Elavaton 10flt05
Comept Only
Mclftrban + Cmper ArchitecB
Alchllecilfis + Urban tleslgn
515 W€st Hays Street
Boise, ldaho 83702
208.343,78s1
Sonya Watters
From:
Sent:
To:
Subject:
Attachments:
Sent from my iPhone
Begin forwarded message:
Fro m : " Phil Hutl" <phil @theland
groupinc. c om>
To: "Jim Jewett" <jjgj@jlinc,U9l>
Subject: Franklin Site
Jim,
New plan for your review.
The Bank is 3,525s.f. on .57 acres
Dental Office is 4,500s.f. on .64 acres
Small retail (east) is 1,750s.f. on .21 acres
Small retail (west) is 2,900s.f. on .36 acres
Assisted Living is 35 units on 1.55 acres
Apartments - 40 units,
82 stalls, 2.00 acres
SFR 12-15 units
Open Space Park is .98 acres
[tlg-logo j
p g] <http :/www. thelanderoupinc.com/>
Phil Hull lPrincipal
The Land Group, Inc. I p 208.939.4041 |
e
web<phil@thelandsroupinc. http:/hwvw.com<thelandg mailto :phil@l thelM> I
fac ebook<http : //www. fac ebook.
Jim Jewett <jimj@jljinc.net >
Friday, May 03, 2073 L:44 PM
Sonya Watters
Fwd: Franklin Site
image001 j pg; ArT00001. htm; JJ - Fra n kl in Site 130322.pdf; ATT00002. htm
1