CC - Staff Report Updated for 8-4 STAFF REPORT E
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING August 4,2020 Legend x '
DATE: Continued from:July 7, 2020 Ppc- t Lcflf�on
TO: Mayor&City Council '-- --
FROM: Sonya Allen,Associate Planner
100
208-884-5533 -
SUBJECT: H-2020-0014
Villas at Twelve Oaks East—MDA,AZ
LOCATION: 115 S. Linder Rd. in the NE 1/4 of Section
14,Township 3N.,Range 1 W.
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I. PROJECT DESCRIPTION
Annexation of 6.63 acres of land with a TN-R zoning district; and modification to the existing Development
Agreement(Inst. #2016-095715)for the associated development to the west to include the subject property
and proposed development plan in the agreement, and removal of the provision requiring an 8-foot tall
concrete fence to be constructed.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 4.59
Future Land Use Designation Commercial
Existing Land Use Single-family residential(SFR)and agricultural
Proposed Land Use(s) Multi-family residential(MFR)
Current Zoning Rl in Ada County
Proposed Zoning TN-R(Traditional Neighborhood—Residential)
Lots(#and type;bldg/common) NA(property is not proposed to be subdivided)
Phasing plan(#of phases) 1
Number of Residential Units(type 64 multi-family apartment units
of units)
Density(gross&net) 13.94 gross/14.12 net
Open Space(acres,total [%]/ 1.59 of an acre(34.6%)
buffer/qualified)
Page 1
Amenities 10' wide multi-use pathway
Physical Features(waterways, The Ten Mile Creek runs along the southern boundary of this
hazards,flood plain,hillside) site
Neighborhood meeting date;#of October 17,2019;7 attendees
attendees:
History(previous approvals) AZ-05-056(Hark's Canyon Creek Subdivision DA Inst.
#106180812);MDA-13-008 (11 Addendum to DA Inst.
113103818);H-2016-0100(21 Addendum to DA Inst.#2016-
095715)
B. Community Metrics
Description Details Page
Ada County
Highway District
• Staff report Yes
(yes/no)
• Requires No
ACHD
Commission
Action
es/no
• Existing Linder Rd.is improved with 2/3-travel lanes,between 32-33'of pavement,and no curb,
Conditions gutter or sidewalk abutting this site.There is 55' of ROW for Linder Rd. (25' from
centerline).
• CIP/IFYWP Capital Imprwements Plan 10112)fiIntegrated Five Year Work glen(IFYWP);
Lnder Road is wrrenlly undar construaLi❑n to be widened to 54anes from Frarikiln road to
Pine Avenue.
Linder Road is listed in the-GI P to bo wide ned to 5-lanes}ram Frank.Ii n Rand to Overland Road
between 2031 and 2035. This rs to be a tohpt project mth ITT.
• The inter$ectinn of Franklin Road and Linder Road Is fisted in the CIP le be widened to 5-
lanes on the north leg, 64anes an the south, 74anes east, and 7-lanes an the wrest log, and
signallzed between 2021 and 2025.
Access(Arterial/Collectors/State One(1)25'wide driveway access is proposed via S.Linder
Hwy/Local)(Existing and Proposed) Rd.,an arterial street
Traffic Level of Service Acceptable(Better than"E")—Franklin&Linder Roads
Stub Street/Interconnectivity/Cross A cross-access easement exists to this site from the property to
Access the north.A driveway at the site's west boundary is proposed
to be extended through the site to Linder Rd.
Existing Road Network None
Existing Arterial Sidewalks/ None
Buffers
Proposed Road Improvements None
Page 2
Fire Service
• Distance to Fire Station 2.3 miles from Fire Stations#1
• Fire Response Time Falls within 5 minute response time
• Resource Reliability 75%for Fire Station#1;does not meet the target goal of 80%
or greater
• Risk Identification Risk factor of 2—current resources would not be adequate to
supply service to this project(see comments in Section VIII.C)
• Accessibility Project meets all required access,road widths and turnarounds
• Special/resource needs An aerial device is required;the closest truck company is 4
minutes travel time(under ideal conditions)—Fire Dept.can
meet this need in the required timeframe.
• Water Supply Requires 1,500 gallons per minute for 2 hours;may be less if
building is fully sprinklered,which all are proposed to be
• Other Resources NA
Police Service
• Distance to Police 2.5 miles
Station
• Police Response 3:5 minutes
Time
• Calls for Service 577 within a mile of site(3/1/2019—2/29/2020)
• Accessibility No issues with the proposed access
• Specialty/resource No additional resources are required at this time;the PD already services the
needs area
• Crimes 67 within a mile of site(3/1/2020—2/29/2020)
• Crashes 26 within a mile of site(3/1/2020—2/29/2020)
West Ada School
District
1.Distance arm rm � es
IN-
(elem,ms, PerroneFJenwntwy 56Z 650
hs) Meridian Mld@Ie$Choal IM 12M ILA
2.Capacity of Nbaridan H4h Scher 1965 2400 .7
Schools
3.#of Students Due to the abu ndani p mpkinl of growth In the area.West Ada is acLbm ly building new scN.uols,and buuridipries are atways
Enrolled ehafong.These future students could pozeniimpw 4tutnd Plea53nt view Elementary,and Owyhee H,gh School.
4.#of students 51
predicted for
this
development
Wastewater
• Distance to Sewer Directly adjacent
Services
• Sewer Shed Ten Mile Trunkshed
• Estimated Project See application
Sewer ERU's
• WRRF Declining 13.9
Balance
• Project Consistent Yes
with WW Master
Plan/Facility Plan
Page 3
• Impacts/Concerns Per the Sanitary Sewer Master Plan,this parcel is supposed to connect to sewer
on the property to the north and ultimately to W.Franklin Rd.The current
configuration has sewer going to the west.Under this configuration the sewage
is pumped through two lift stations.It is unknown if the lift stations can handle
the extra load.The City wants to avoid sending the waste to the west and
through the lift stations.Please direct sewage to the north as shown in the
master plan.
Water
• Distance to Water Directly adjacent
Services
• Pressure Zone 2
• Estimated Project See application
Water ERU's
• Water Quality None
Concerns
• Project Consistent Yes
with Water
Master Plan
• Impacts/Concerns None
C. Project Maps
Future Land Use Map Aerial Map
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Page 4
Zoning Map Planned Development Map
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III. APPLICANT INFORMATION
A. Applicant:
Jim Jewett—776 Riverside Dr., Ste. 204,Eagle,ID 83616
B. Owner:
Same as Applicant
C. Representative:
Josh Beach, Sawtooth Land Surveying—2030 S. Washington Ave.,Emmett,ID 83617
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper notification
published in newspaper 5/15/2020 6/19/2020
Radius notification mailed to
property owners within 300 feet 5/13/2020 6/16/2020
Public hearing notice sign posted
5/20/2020 6/25/2020
on site
Nextdoor posting 5/13/2020 6/16/2020
Page 5
V. COMPREHENSIVE PLAN ANALYSIS
LAND USE:
This property is designated Commercial on the Future Land Use Map in the Comprehensive Plan .
The Commercial designation will provide a full range of commercial uses to serve area residents and
visitors. Desired uses may include retail,restaurants,personal and professional services, and office uses,
as well as appropriate public and quasi-public uses. Multi-family residential may be allowed in some
cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity,
and amenities.
The proposed high density multi-family development will provide housing options in close proximity to
the rapidly developing Ten Mile area where employment uses are planned to develop. The proposed
project is an extension of the Villas at Twelve Oaks project to the west and will share amenities and
common open space. A segment of the City's multi-use pathway system is planned along the southern
boundary of the site adjacent to the Ten Mile Creek which will provide a pedestrian connection from
Linder Rd.to the west to the future employment uses in the Ten Mile area.
Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be
applicable to this application and apply to the proposed use of this property(staff analysis in italics):
• "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of
Meridian's present and future residents."(2.01.02D)
The proposed high density multi family apartment units will contribute to the variety of residential
categories in the City and in close proximity to the Ten Mile area as desired.
• "Permit new development only where it can be adequately served by critical public facilities and
urban services at the time of final approval, and in accord with any adopted levels of service for
public facilities and services."(3.03.03F)
City water and sewer service is available and can be extended by the developer with development in
accord with UDC 11-3A-21.
• "Avoid the concentration of any one housing type or lot size in any geographical area;provide for
diverse housing types throughout the City."(2.01.01 G)
Only one housing type (i.e. mutli family apartments) is proposed in this development which
contributes to the variety of housing types in this area. In the abutting Villas at Twelve Oaks project,
duplex style and 8-and 12 plex multi family apartments were approved.
• "Encourage compatible uses and site design to minimize conflicts and maximize use of land."
(3.07.00)
The proposed multi family residential use and site design should be compatible with multi family
uses to the west, commercial uses to the north and single-family residential uses to the east across
Linder Rd.
• "Ensure development is connected to City of Meridian water and sanitary sewer systems and the
extension to and through said developments are constructed in conformance with the City of
Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A)
The proposed development will connect to City water and sewer systems;services are proposed to
be provided to and though this development in accord with current City plans.
Page 6
• "Require urban infrastructure be provided for all new developments, including curb and gutter,
sidewalks,water and sewer utilities."(3.03.03G)
Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided
with development.
• "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms
to the City's vision and the necessary extension of public services and infrastructure is provided."
(3.03.03)
The proposed development plan is consistent with the City's vision in terms that multi family
residential uses are proposed which are an allowed use in the Commercial FL UM designation.
Public services and infrastructure are proposed to be provided.
In summary, Staff believes the proposed development plan is generally consistent with the vision of the
Comprehensive Plan for this area.
VI. STAFF ANALYSIS
A. ANNEXATION&ZONING
The Applicant requests annexation of 6.63 acres of land with a TN-R(Traditional Neighborhood—
Residential)zoning district.A conceptual site plan and building elevations were submitted showing how
the property is planned to develop with 65 multi-family apartment units;this project is planned to be an
extension of the multi-family project(Villas at Twelve Oaks) in the development process on the adjacent
property to the west(see Section VIII.C,D).
Multi-family developments are listed as a prinicipal permitted use in the TN-R district per UDC Table
11-2D-2. All future development is subject to the dimensional standards listed in UDC Table 11-2D-6
for the TN-R zoning district. There is an existing home on the site that is proposed to be retained and
used as an additional rental/manager's unit.
The site plan depicts access to the proposed development via the extension of a driveway at the west
boundary of the site and via S. Linder Rd. A non-exclusive vehicular/pedestrian ingress-egress easement
(Inst. 113099953) exists to this site from the property to the north that is located approximately 145.3
feet from the west end of the concrete fence along the north boundary; there is an existing 8-foot tall
concrete wall constructed on the property line that prevents access between the properties. To facilitate
connectivity between the residential project and the abutting commercial development,the
Applicant should remove a small section of the wall(up to 24.5 feet in width as allowed by the
easement)to allow for a pedestrian connection to be provided as a provision of the amended
Development Agreement(DA).
Because this property is proposed to be included as part of the multi-family development to the
west,the overall common open space and site amenities should comply with the minimum
standards listed in UDC 11-3G-3 and 11-4-3-27. Staff has verified the overall common open space
and site amenities exceed the minimum UDC standards. To ensure common open space and site
amenities are shared between the two sites,Staff recommends a DA provision is included requiring
such.
The Pathways Master Plan depicts a segment of the City's regional pathway on this site along the north
side of the Ten Mile Creek and along the west side of S. Linder Rd. The pathway along the creek is
planned to eventually provide a pedestrian connection between Linder and Ten Mile Roads. With the
original Twelve Oaks project to the west, a pedestrian bridge was required to be constructed across the
creek for a connection from the residential neighborhood(Whitestone Estate Subdivision) to the south to
the north to Franklin Rd. Because the Pathways Plan at that time didn't depict an east/west pathway
along the creek, a pathway was not required between the east and west boundaries. In order to facilitate
Page 7
an east/west pathway connection between Linder and Ten Mile Roads and the Ten Mile area, Staff
recommends a 10-foot wide pathway is constructed on the overall Twelve Oaks project in accord
with the Plan as a provision of the amended DA.
With development, a minimum 25-foot wide street buffer is required to be constructed along Linder Rd.,
landscaped per the standards listed in UDC 11-3B-7C. Typically, a detached sidewalk would be
required within the street buffer along Linder Rd.,an arterial street,per UDC 11-3A-17; however,
because a segment of the City's multi-use pathway is planned from the creek to the north,Staff
recommends a detached 10-foot wide concrete pathway is constructed in lieu of a sidewalk in this
location.The sidewalk south of the creek along Linder Rd. may be constructed in the future with
the bridge widening project; ACHD is requiring a road trust for those improvements.
Conceptual building elevations were submitted that are the same as those being constructed in the
original Villas at Twelve Oaks development;no changes are proposed to the elevations in the DA(see
Section VIII.D). All future structures are required to comply with the design standards listed in the
Architectural Standards Manual. Detailed review of the elevations for compliance with these standards
will take place with the Certificate of Zoning Compliance and Design Review application prior to
application for building permits.
Based on the analysis above in Section V, Staff is of the opinion the requested annexation with the TN-R
zoning and proposed development is consistent with the Commercial FLUM designation for this site and
uses desired in this area.
The proposed annexation area is contiguous to City annexed property and is within the Area of City
Impact Boundary. A legal description and exhibit map for the annexation area is included in Section
VIII.A. Additional land on the north side of the creek on the adjacent Villas at Twelve Oaks property to
the west that was inadvertently not included in the previous annexation boundary legal description is
included in the proposed annexation boundary to clean up the zoning in this area.
The City may require a development agreement(DA)in conjunction with an annexation pursuant to
Idaho Code section 67-6511A. Because a DA exists on the associated project to the west,the Applicant
proposes to amend that agreement to include the subject property rather than enter into a new agreement
just for this property(see analysis below). Staff recommends additional provisions are included in
the amended DA as mentioned above as a provision of annexation of this property.
B. DEVELOPMENT AGREEMENT MODIFICATION
A modification to the existing Development Agreement(Inst. #2016-095715)is proposed to include the
subject property and proposed overall conceptual development plan in the agreement, and removal of
the provision requiring an 8-foot tall concrete fence to be constructed(provision#6.1.9.). A legal
description for the overall property proposed to be included in the DA is attached in Section VIII.B.
The concrete fence/wall was previously required along the east boundary of the original Villas at Twelve
Oaks multi-family project to buffer the previous rural residential use on the property proposed to be
annexed with this application. Because the residential property is now owned by the same developer as
the adjacent project,a fence/wall is no longer needed as a buffer as the project is proposed to be
integrated as one development with shared common areas and amenities.
Staff is in favor of the proposed modification to the DA with the added provisions noted in Section VI.A.
VII. DECISION
A. Staff:
Staff recommends approval of the proposed Annexation&Zoning and amendment to the Development
Agreement per the provisions in Section VIII in accord with the Findings in Section IX.
Page 8
B. The Meridian Planning&Zoning Commission heard this item on June 4,2020.At the public
hearing,the Commission moved to recommend approval of the subject AZ request.
1. Summary of Commission public hearing_
a. In favor: Josh Beach, Sawtooth Land Surveying(Applicant's Representative)
b. In opposition: None
c. Commenting: Chad Heron
d. Written testimony: Josh Beach,Applicant's Representative
L. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony
a. The Applicant is in agreement with the staff report except for condition#B.1.2,which
requires sewer to connect to the north in accord with the Master Plan rather than to the
west as proposed- The Public Works Department has re-evaluated the applicant's
proposed sanitary sewer routing, as well as previous email correspondence with the
applicant on the topic of routing. and finds that the current proposal is acceptable.
Therefore, staff recommends the following language to replace that currently in
condition#B.1.2: "The applicant shall be responsible to determine whether adequate
capacity exists in the receiving sewer system, including two lift stations, to accept the
additional flow from this development. If upgrades are necessary, the applicant shall
be responsible for all costs associated with said upgrades."
b. Concern pertaining to traffic in regard to the amount of accesses via Linder Rd. in this
area combined with not enough access/interconnectivity in the adjacent development to
the south(Whitestone Estates)with only one way in and one w4y out.
3. Key issue(s)of discussion by Commission:
a. In favor of the proposed 2-story(rather than 3-story) structures as they're more
compatible with adjacent residential and commercial structures,the inclusion of this site
in the adjacent development and common open space&site amenities proposed for the
overall development;parking in excess of UDC standards; and provision of a pedestrian
connection to the north.
4. Commission change(s)to Staff recommendation:
a. Modification to condition#B.1.2 in Section IX as requested by the Applicant with the
language recommended by Staff.
5. Outstandingissue(s)ssue(s) for City Council:
a. None
C. The Meridian Citv Council heard these items on July 7,2020.
1. Summary of the City Council public hearing:
a. In favor: Jim Jewett.Applicant
b. In opposition: None
C. Commenting.None
d. Written testimony:None
e. Staff presenting application: Sonya Allen
£ Other Staff commenting on application: Clint Dolsby
2. Key issue(s)of public testimony:
a. None
3. Kev issue(s)of discussion by City Council:
a. Clarification of condition#B.1.2 that the Public Work's Dept. should make the
determination if upgrades are necessary to the receiving sewer system based on the
Applicant's findings (and Public Work's concurrence with their findings)on whether
adequate capacity exists in the system:
Page 9
b. The retention of the existing home as a rental or manager's unit—preference for it to be
removed as it's not aesthetically consistent with the rest of the development and
replaced with common area with an amenity and/or parking:
C. Desire for commercial uses to be developed in whole on the property or along just the
frontage of Linder Rd. where the existing home is located.
4. City Council change(s)to Commission recommendation.
a. Clarification of condition#B.1.2 in Section IX to include that Public Works will review
the Applicant's analysis for concurrence prior to acceptance of the plan.
Council asked the applicant to consider commercial uses on a portion of the
development and to come back to City Council on Aug. 4r'to discuss.
Page 10
VIII. EXHIBITS
A. Annexation&Zoning Legal Description and Exhibit Map
5awtooth Land urve-yimj, LL
Alk 2030 5.Wvehmyton Ave. J 044 Nort$weet 61rd_,Sta.G 14 �'�A-Epet
Emmett, IQ 53G J 7 Caeur d'Alene,[a 53, Jerome, la 53335
-�5ALI=111
P: (208)338-8104 F-{205}714-4b44 F-(205)323-r303
F:{205}398-5106 F={208}252 4463 F: (208)324-352
March 4,2020
Annexation Legal De aiption
BASIS OF BEARING for this description is South 89113'17`East between a 5/8"rebar marking the N114 corner
of Section 14 and a brass cap mariang the section comer common to Sections 11, 12, 13 and 14, both in T 3 N.,
R. 1 W., B.M., Ada County, Idaho.
A parcel of land being a portion of Lot 6,Block 1 cf Van Hees Subdivision as shown in Book 12 of Plats, at Page
683,Ada County Records and a portion of the Ten Mile Drain, located in the ME1 f4 of the NE114 of Section 14,T.
3 N.,R. 1 W., B.M.,Ada County, Idaho,more palticulady described as follows:
COMMENCING at a 513"rebar tap marking the N1/4 corner of said Section 14;
Thence South 89013'17"East,€oincidentvah the north line of the NE14 of the ME1f4 of aid Section 14,a
distance of 1993.41 feet;
Thence South 0033'43"West coincident with the west line of Lot 1, Block 1, of said Van Hees Subdivision, 296.60
feet to the MW comer of said Lot 6,Block 1,of Van Hees Subdivision and the POINT OF BEGINNING;
Thence South 89113'17"East,coincident with the north line of said Lot 6,Block 1, of Van Hess Subdivision,
664.51 feet to the€enterli ne of S. Linder Road;
Thence South 0033'08"West,coincident with said centerline of S. Linder Road, 233.15 feet;
Thence Nolth 89026'52"West 24.99 feet;
Thence 37.45 feet along art of said curve and coincident with said south ban kof the Ten Mile drain, having
radius of 76.40 feet,a central angle of 28°04'59", subtended by a chord bearing,
South 89D18'15"West, 37.07 feet;
Thence South 75015'46"West,coincident with the north line of Whitesto-ne Estates Subdivision,
624.62 feet to a 518"reba r PLS 972;
Thence South 7500143"West,coincident with said north line of Whitestone Estate's Subdivision,
689.45 feet;
Thence Noltlh 0033'43"East, 124.41 feet;
Thence Nolth 75007'43"East,689.45 feet;
Thence Nolth 0033'43"East,276.88 feet to the POINT OF BEGINING;
The above described parcel contains 6.63 acres, more or less.
P a g e l I P:i2 0 1'Al 93 9 3-TWELVE OAKS EXPAN510N15urvey%Drawings%Descnptions119393 annexation legal RE;!
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Page 11
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Page 12
B. Legal Description&Exhibit Map for Property to be Included in Amended Development Agreement
awto th Land Surveying, LL
2Q3Q S, Wssh.g on A— 11144 NKfhwe�.k blvd„Ste. G 1 4 1 1° A,,snua Exst
Pmrrett, IP 53617 C.,?r d'Alenc.is 453814 jffo rm' 11)633-
P: (208)39$5$J 04 F: (208)714-454.1 P: 120815P? )-5303
F; (20%3.�a'a,O5 F- i208)29 •$d53 F; 12Oi.1}324.352 1
March 12, 2020
Devebpment Legal Descriptjorl
BASIS OF REA1RM4 for tfli5 desoripaw is South 89013'17"East between an alum;rrum cap marking the N114 corner
of Section 34 and a brass Cap marking the section corner com neon to-sections 1 i, 12, 13 and 14,k1cated In
T. 3 N., R- 1 W., B,M-,Ada County,Idahm
A parcel of lafld being Lots 1 and 2, Black 1 of Twelve O2kS&LtdiwlSion as shown in Back I IM of flats, at Page 15179
and a portion of Lot 6,slod( I of Van Heel 5ubc5ulsion as shown In Book 12 of Rats,at Page 688,Ada County Records
and a portion of the Ten Mile DraJn,kxated irk the NE114 of the NEI)4 of Section 14,T, 3 N,,
R. 1 W-1 B,M.,Ada County, Tdaho, more particularly deSalbed e5 follows;
COMMENCING at an alumlruurn cala marking the N114 corner of said Section 14;
Pienue south ago 13'17"East, coincident vrlth t11e north line of sad NEI14 of Sectian 14, a distance of 1328,94 feex; to
E 1)16 comer of Said Section 14;
Therm South 0034'42*West, 49.nd feet to ttke NN!corner of said Lot 2, Block t, Twelve oaks VJ41as Sub&.ri5an and
the POINT CW BI:C,VWING,
Thence Spud+890 I3'17'East, ooincident with the north line of said Lot 1 and 2 of$lock X,Twelve Oaks 5ubdivl5ion,a
distancze of 5%,16 feet,
Thence North 89030'ff East, 10&33 feet In a SM"tebar PI.S 5802 marking the Northeast turner of said 4Ct 1,Block 1,
Twelve Oaks Subdlvi:�lon,
Thence South Da33410 west,tolncident with the east cane of said Lot 1, Block 1,Twelve Oaks SubdIvi5lon,a diwinre of
25(1:,17 feet to a 5)8"rebar PLS 14221�
Theme South 89°13'17'Fast, coincident with the north line of Lot b,Van Heel Subdivision, 639.51 feet to a W rehar
PL5 14221,
Tlwce South 0°33'08"West, M.25 feet to the South right of way of Ten We Drain and the begInni ng of a pork-
tangent Curve to the left,
Thence 37,45 feet along arc of said cow,aoinddent with 5ald soutti right of way of Teti Mile Drain, having radius of
75.40 feet,a central angle of 28 I24 59", 9lbteflded by a chard bea ring South 890 18'15"west, 37.07 feet;;
Thence South 75015146"West, coincident with saW south right of way of
Tan Mlle Drain,624.62 feet to a 5/8'reber PL5 972; �
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Thence North O033'55*East, 129.41 feet toil 518"rebar pL5 14221; 'C E
Thence South 1500 7 43"West:,coinckfent with Bald south right of way of
Ten Mile drake, 689,45 feet 0
Thence North 0034'18"Bast, 710.64 feet to the POINT OF$6GI4NIFfi<s,
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Page 23
E. Proposed Amendments to Existing Development Agreement
Staffs recommended amendments are noted in underline text.
6.1.9 An 8 feet tall eener-ete fenee is r-equir-ed to be eensti-aeted along the east betffldafy of th
adjaeepA to the Ream pr-epeft-y(Par-eel No. R8956000200)to mateh the existing fenee along the
6.1.9 A pedestrian connection shall be provided between the Villas at Twelve Oaks East propeLty and
the commercial property to the north(i.e.Van Hees Subdivision) as facilitated by the previously
recorded access easement in the location and width specified in the easement(Inst.
#1130999531
6.1.10 A 10-foot wide multi-use pathway shall be constructed along the north side of the Ten Mile
Creek and a detached 10-foot wide multi-use pathway shall be constructed along the west side of
S. Linder Rd. in accord with the Pathways Master Plan prior to issuance of the first Certificate of
Occupancy within the Villas at Twelve Oaks East portion of the development.
6.1.11 A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the
multi-use pathways on the site prior to issuance of the first Certificate of Occupancy within the
Villas at Twelve Oaks East portion of the development.
6.1.12 The common open space and site amenities shall be shared between the Villas at Twelve Oaks
and the Villas at Twelve Oaks East developments.
IX. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. The amended Development Agreement(DA)proposed by the Applicant, including new provisions
recommended by Staff as a provision of annexation of this property, shall be signed by the property
owner and returned to the Planning Division within six(6)months of the City Council granting the
annexation.
B. PUBLIC WORKS
1. Site Specific Conditions of Approval
1.1 A street light plan will need to be included in the final plat or building permit application. Street
light plan requirements are listed in section 6-7 of the City's Design Standards.
1.2 ,this par-eel is supposed to eenneet to sewer-on the pr-epefty
plan.to the aeFth andultima44y to W. Fr-anklia Rd. The ouffeat eenfigt*mian has sewer-going to the
west.Under-this eenfigur-ation the sp. ed dffetigh two lift stations. 14 is tinknown i
the lift stations ean handle the &Afa4 —, wants to a-vaid sending the waste tE)the west
and thfough the lift stations. Please dir-eet sewage to the aet4h as shown in the master- The
applicant shall be responsible to determine whether adequate capacity exists in the receiving
sewer system, including two lift stations,to accept the additional flow from this development.
Public Works shall review the Applicant's analysis for concurrence prior to acceptance of the
plan. If the Public Work's Dept. determines upgrades are necessary based on those findings,the
applicant shall be responsible for all costs associated with said upgrades."
Page 24
2. General Conditions of Approval
2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right
of way(include all water services and hydrants). The easement widths shall be 20-feet wide for
a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement(on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor,which must include the area of the easement(marked
EXHIBIT A)and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B)for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted,reviewed, and approved prior to development plan approval.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface
or well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation
and possible reassignment of street addressing to be in compliance with MCC.
2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per
UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207
and any other applicable law or regulation.
2.7 Any existing domestic well system within this project shall be removed from domestic service
per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering
Department at(208)898-5500 for inspections of disconnection of services. Wells may be used
for non-domestic purposes such as landscape irrigation if approved by Idaho Department of
Water Resources Contact Robert B. Whitney at(208)334-2190.
2.8 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures
and inspections(208)375-5211.
2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
road base approved by the Ada County Highway District and the Final Plat for this subdivision
shall be recorded,prior to applying for building permits.
2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted
fencing,landscaping, amenities, etc.,prior to signature on the final plat.
Page 25
2.11 All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures.Where approved by the City Engineer, an owner may post a performance
surety for such improvements in order to obtain City Engineer signature on the final plat as set
forth in UDC 11-5C-3B.
2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process,prior to the issuance of a plan
approval letter.
2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill,where footing would sit atop fill material.
2.18 The design engineer shall be required to certify that the street centerline elevations are set a
minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least 1-foot above.
2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed
in accordance with the approved design plans. This certification will be required before a
certificate of occupancy is issued for any structures within the project.
2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.21 A street light plan will need to be included in the civil construction plans. Street light plan
requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy
of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272.
2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash
deposit or bond. Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20%of the total construction cost for all completed sewer,water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety,which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
Page 26
C. FIRE DEPARTMENT
https://weblink.meridianciV.org/WebLink/DocView.aspx?id=186317&dbid=0&repo=Meridian Ciu
D. POLICE DEPARTMENT
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=188198&dbid=0&repo=Meridian City
E. PARK'S DEPARTMENT
https://weblink.meridianciU.org/WebLink/DocView.aspx?id=189330&dbid=0&repo=MeridianCity
F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID)
https://weblink.meridiancity.orzlWebLink/DocView.aspx?id=187167&dbid=0&repo=MeridianCity
G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDHD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=186408&dbid=0&repo=MeridianCity
H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ)
https://weblink.meridianci0!.org/WeUink/DocView.aspx?id=186721&dbid=0&repo=Meridian City
I. WEST ADA SCHOOL DISTRICT(WASD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=187589&dbid=0&repo=MeridianCity
J. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=188453&dbid=0&repo=Meridian City
K. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=187880&dbid=0&repo=MeridianCity
X. FINDINGS
A. Annexation and/or Rezone(UDC 11-5B-3E)
Required Findings: Upon recommendation from the commission,the council shall make a full
investigation and shall,at the public hearing,review the application. In order to grant an annexation
and/or rezone,the council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The Commission finds the Applicant's proposal to annex the subject 6.63 acre property with TN-R
zoning and develop multi family apartment dwellings on the site at a gross density of 13.9 units per
acre is consistent with the associated Commercial FL UM designation for this property. (See section
V above for more information)
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Commission finds the proposed map amendment and development complies with the regulations
for the commercial district and with the Comprehensive Plan.
Page 27
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The Commission finds the proposed map amendment should not be detrimental to the public health,
safety and welfare as the proposed multi family residential uses should be compatible with adjacent
multi family, single-family and commercial uses in the area.
4. The map amendment shall not result in an adverse impact upon the delivery of services by any
political subdivision providing public services within the city including,but not limited to,
school districts; and
The Commission finds City services are available to be provided to this development.
5. The annexation(as applicable)is in the best interest of city.
The Commission finds the proposed annexation is in the best interest of the City.
Page 28