Harks Canyon Creek Subdivision AZ 05-056
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 11/16/06 01:39 PM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
City 01 Meridian
AMOUNT
.00
59
1111111111111111111111111111111111111
106180812
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Franklin Centre, LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this Z7+~ day of (;t;.fp./u;u , 2006, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called "CITY', and Franklin Centre,
LLC, whose address is 1767 West Franklin Road, Meridian, Idaho 83642 hereinafter called
"OWNERlDEVELOPER" .
1.
RECITALS:
1.1 WHEREAS, "OWNERlDEVELOPER" is the sole owner, in law
andlor 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, LC. ~ 67 -6511A, Idaho Code, provides that cities may,
by ordinance, require or pennit as a condition of re-zoning that the
"Owner/Developer" make a written commitment concerning the use
or development ofthe 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/Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (C~C) Community Business
District and TN-R (Traditional Neighborhood Residential),
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Owner/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
DEVELOPMENT AGREEMENT (AZ 05-056) HARKS CANYON CREEK SUBDIVISION
PAGE 1 OF 11
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 of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 25lh day of April, 2006, 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/Developer" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 "OWNERlDEVELOPER" 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/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.
NOW, THEREFORE, in consideration ofthe covenants and conditions set
forth herein, the parties agree as follows:
DEVELOPMENT AGREEMENT (AZ 05-056) HARKS CANYON CREEK SUBDIVISION
PAGE 2 OF 11
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 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 ofIdaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 "OWNERlDEVELOPER": means and refers to Franklin Centre,
LLC, whose address is 1767 West Franklin Road, Meridian, ill 83642
the party developing said "Property" and shall include any subsequent
owners andlor developer(s) of the "Property".
3.3 "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 C-C (Community Business District) and TN-R (Traditional
Neighborhood Residential) attached hereto and by this reference
incorporated herein as if set forth at length.
4.
USES PERMITTED BY TmS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Unified Development Code:
Application for a Certificate of Zoning Compliance shall be
submitted to the City of Meridian prior to afuture development in
the C-C and TN-R zones, and the pertinent provisions of the City of
Meridian Comprehensive Plan are applicable to this AZ 05-056
application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement
DEVELOPMENT AGREEMENT (AZ 05-056) HARKS CANYON CREEK SUBDIVISION
PAGE 3 OF 11
5. DEVELOPMENT 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
Zoning 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 permit. No new buildings are approved for construction under
this conceptual CUPIPD application. All future buildings shall require approval of a detailed
CUP prior to submittal of any Certificate of Zoning Compliance application andlor building
permit. This section shall only apply to the C-C zone.
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/Developer" will be responsible for all costs
associated with the sewer and water service extension. Any existing
domestic wells andlor 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/Developer shall provide a surety agreement for the
construction of the multi-use pathway and bridge in accordance to
UDC 11/5C unless a development application has been submitted for
Lot 19 Block 3 prior to the issuance of the first certificate of
occupancy in Harks Canyon Creek Subdivision.
4. The Owner/Developer shall coordinate with the Meridian Parks
Department and Nampa Meridian Irrigation District to define the
DEVELOPMENT AGREEMENT (AZ 05-056) HARKS CANYON CREEK SUBDIVISION
PAGE 4 OF 11
location of the multiuse pathway, bridge maintenance, and
landscaping along the Ten Mile Creek.
5. The Owner/Developer shall maintain Lot 19, Block 3 in a state free of
accumulation of junk, noxious weeds, and shall install a temporary
construction 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
construction.
6. The Owner/Developer has agreed that all of the TN-R residential
units win be constructed with fire sprinkler systems to mitigate for
the 5' setback to alley required by the Meridian Fire Department as
discussed in April 4, 2006.
7. 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, 2006.
7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be tenninated, and the zoning designation reversed,
upon a default of the "Owner/Developer" or "OwnerslDevelopers" heirs, successors, assigns,
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 ~ 67-
6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"OwnerlDeveloper" consents upon default to the reversal of the zoning
designation of the "Property" 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 "Owner/Developer" and if the "Owner/Deve1oper"
fails to cure such failure within six (6) months of such notice.
9. INSPECTION: "Owner/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
DEVELOPMENT AGREEMENT (AZ 05-056) HARKS CANYON CREEK SUBDIVISION
PAGE 5 OF 11
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.
10.
DEFAULT:
10.1 In the event "Owner/Developer", "Owner/Developer's" heirs,
successors, assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions included in this
Agreement in connection with the "Property", this Agreement may be
modified or tenninated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
10.2 A waiver by "City" of any default by "Owner/Developer" of anyone
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.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner/Developer's" cost, and submit proof of such recording to "OwnerlDeveloper", 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.
12. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owner/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.
13.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner/Developer" shall have thirty (30) days after
DEVELOPMENT AGREEMENT (AZ 05-056) HARKS CANYON CREEK SUBDIVISION
PAGE 6 OF 11
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.
13.2 In the event the performance of any covenant to be performed
hereunder by either "Owner/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.
14. 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
"OwnerlDeveloper" agrees to provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner/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".
16. ABIDE BY ALL CITY ORDINANCES: That "Owner/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.
17. NOTICES: Any notice desired by the parties andlor 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:
DEVELOPMENT AGREEMENT (AZ 05-056) HARKS CANYON CREEK SUBDIVISION
PAGE 7 OF 11
CITY:
OWNERlDEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Franklin Centre, LLC
1767 West Franklin Road
Meridian, ill 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ill 83642
17.1 A party shan 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.
18. 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.
19. 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.
20. 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/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"
DEVELOPMENT AGREEMENT (AZ 05-056) HARKS CANYON CREEK SUBDIVISION
PAGE 8 OF 11
agrees, upon written request of "Owner/Deve1oper", to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that "OwnerlDeveloper" has fully performed its obligations under this
Agreement.
21. 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.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "OwnerlDeveloper" 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/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".
22.1 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
headng(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
23. 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.
DEVELOPMENT AGREEMENT (AZ 05-056) HARKS CANYON CREEK SUBDIVISION
PAGE 9 OF 11
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER /DEVELOPER
FRANKL CENTRE,LLC
LL
CITY OF MERIDIAN
DEVELOPMENT AGREEMENT (AZ 05-056) HARKS CANYON CREEK SUBDIVISION
PAGE 10 OF 11
STATEOFIDAHO )
: ss
County of Ada )
On this .;qtlaay of _CCJ()~.y- ,2006, before me, the undersigned, a
Notary Public in and for said State, personally appeared Lo. r r~ VO r) HFl':<;
on behalf of Franklin Centre, LLC, known or identi led to me to be the
j-to.. no Q( '("'" of said corporation, who executed the instrument on behalf of said
corporatioh, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year in this certificate fIrst above written.
........
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Notary Public for Idaho
Residing at: nua LL:f 11 I 'b
My Commission Expires: 10,' i l-ll
STATE OF IDAHO )
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County of Ada )
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On this:J day of I~ ~) \rt vv~YJL;u , 2006, before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the da~~m: in this certificate first above written
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.... o'tAtt."..~... Or laII.rv\()Y'^-'~-ie--..J
(SEAL) : J'-= \ ~ Notary Public for Idaho ^
: : : : Residing at: V\'Y\J:.J..b<,,,----, -0) c;f
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DEVELOPMENT Pi. ~1\Z 05-056) HARKS CANYON CREEK SUBDIVISION
....
PAGE 11 OF 11
claiborn.4 ~ai~e consulting, lie: RE~f~W-AEPElQVAbL--i
engtneers & surveyors B~/;~ - I
120 North Curtis Road .
Boise. Id. 83706 OCT 3 1 2005
(208) 376-8555
Fax (208) 429-9862 MERIDIAN PUBLIC
WORKS DEPT.
Project No. 2246
October 13, 2005
FRANKLIN CENTRE, LLC
HARKS CANYON CREEK SUBDIVISION
TOTAL PROJECT BOUNDARY DESCRIPTION
A PARCEL OF LAND IN THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST
1/4 OF SECTION 14, T. 3 N., R 1 W., B.M., ADA COUNTY, IDAHO, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 14, lHENCE
N 89013'17" W ALONG THE NORlH BOUNDARY OF SAID SECTION 14 AND THE
CENTERLINE OF FRANKLIN ROAD FOR A DISTANCE OF 664.47 FEET TO THE EAST
BOUNDARY OF THE WEST 1/2 OF TIlE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SAID SECTION 14, THE REAL POINT OF BEGINNING;
THENCE CONTINUING N 89013'17" W ALONG SAID NORlH BOUNDARY AND
CENTERLINE FOR A DISTANCE OF 664.46 FEET TO THE NORlHWEST CORNER OF
THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14;
THENCE S 00034' 18" W ALONG TIlE WEST BOUNDARY OF THE NORTHEAST 1/4 OF
THE NORTHEAST 1/4 OF SAID SECTION 14. FORA DISTANCE OF 758.64 FEET;
THENCE N 75007'43" E FOR A DISTANCE OF 689.45 FEET TO THE EAST BOUNDARY
OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF 1HE NORTHEAST 1/4 OF SAID
SECTION 14, ALSO BEING THE WEST BOUNDARY OF VAN HEES SUBDMSION;
THENCE N 00033'43" E ALONG SAID EAST BOUNDARY FORA DISTANCE OF 572.65
FEET TO THE REAL POINT OF BEGINNING, CONTAINING 10.15 ACRES OF LAND,
MORE OR LESS.
PREPAREOBY: TODOR WAITEP.L.S.
C:\Projects\VanHees (2246)\Documents\vanheesbndy-leg.docR 1 -
clajborn .. waite consulting, He
engineers & surveyors
120 North Curtis Road
Boise. Id. 83706
(208) 376-t1S55
Fax (208) 429-9862
Project No. 2246
October 13, 2005
FRANKLIN CENTRE, LLC
HARKS CANYON CREEK SUBDMSION
TN~R REZONE BOUNDARY DESCRIPTION
A PARCEL OF LAND IN THE WEST 1/2 OF THE NORTHEAST 114 OF THE NORTHEAST
1/4 OF SECTION 14, T. 3 N., R 1 W., B.M., ADA COUNTY, IDAHO, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT mE NORTHEAST CORNER OF SAID SECTION 14, THENCE N
89013'17" W ALONG THE NORTH BOUNDARY OF SAID SECTION 14 AND THE
CENTERLINE OF FRANKLIN ROAD FOR A DISTANCE OF 1328.93 FEET TO THE WEST
BOUNDARY OF THE NORlHEAST 1/4 OF THE NORTHEAST 1/4 OF SAIO SECTION 14;
THENCE S 00034' 18" W ALONG SAID WEST BOUNDARY FOR A DISTANCE OF 193.00
FEET TO THE REAL POINT OF BEGINNING;
THENCE CONTINUING S 00034' 18" W ALONG SAID WEST BOUNDARY FOR A
DISTANCE OF 565.64 FEET;
THENCE N 75007'43" E FOR A DISTANCE OF 689.45 FEET TO THE EAST BOUNDARY
OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF nm NORTIffiAST 114 OF SAID
SECTION 14. ALSO BEING THE WEST BOUNDARY OF VAN BEES SUBDMSION;
THENCE N 00033'43" E ALONG SAID EAST BOUNDARY FOR A DISTANCE OF 112.23
FEET;
THENCE N 89013' 17" W FOR A DISTANCE OF 183.34 FEET;
THENCE N 00033'43" E FORA DISTANCE OF 267.42 FEET;
PREPARED BY: TODD R WAITE P.L.S.
C:\Projects\VanHees (2246)\Documents\vanheesTN~R.doc- 1 -
claiborn .. waite consulting. He
engineers & surveyors
120 North Curtis Road
Boise, Id. 83706
(208) 376-8555
Fax (208) 429-9862
Project No. 2246
October 13,2005
FRANKLIN CENTRE, LLC
HARKS CANYON CREEK SUBDIVISION
CC REZONE BOUNDARY DESCRIPTION
A PARCEL OF LAND IN 1HE WEST 1/2 OF 1HE NORTIfEAST 1/4 OF THE NORTIlEAST
1/4 OF SECTION 14, T. 3 N., R 1 W., B.M., ADA COUNTY, IDAHO, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT 1HE NORTHEAST CORNER OF SAID SECTION 14, THENCE N
89013' 17" W ALONG THE NORm BOUNDARY OF SAID SECTION 14 AND THE
CENTERLINE OF FRANKLIN ROAD FOR A DISTANCE OF 664.47 FEET TO THE EAST
BOUNDARY OF THE WEST 1/2 OF THE NORlHEAST 1/4 OF THE NORTHEAST 1/4 OF
SAID SECTION 14, THE REAL POINT OF BEGINNING;
lHENCE CONTINUING N 89013' 17" W ALONG SAID NORm BOUNDARY AND
CENTERLINE FOR A DISTANCE OF 664.46 FEET TO TIlE NORTHWEST CORNER OF
THE NORTHEAST 1/4 OF THE NORlHEAST 1/4 OF SAID SECTION 14;
THENCE S 00034'18" W ALONG 1HE WEST BOUNDARY OF TIlE NORTHEAST 1/4 OF
THE NORTHEAST 1/4 OF SAID SECTION 14. FORA DISTANCE OF 193.00 FEEr;
TIffiNCE S 89013'17" E FORA DISTANCE OF 481.16 FEET;
THENCE S 00033'43"W FORA DISTANCE OF 267.42 FEEr;
lHENCE S 89013'17" E FORA DISTANCE OF 183.34 FEET TO THE EAST BOUNDARY
OF THE WEST 1/2 OF THE NORlHEAST 1/4 OF TIlE NORTHEAST 1/4 OF SAID
SECTION 14, ALSO BEING THE WEST BOUNDARY OF VAN HEES SUBDMSION;
THENCE N 00033'43" E ALONG SAID EAST BOUNDARY FOR A DISTANCE OF 460.42
FEET TO 1HE REAL POINT OF BEGINNING, CONTAINING 4.07 ACRES OF LAND,
MORE OR LESS.
PREPARED BY: TODD R. WAITE P.L.S.
C:\PrOjects\ VanHees (2246)\Documents\vanbeesZONECC.doc- 1 -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 10, 2006
STAFF REPORT
TO:
FROM:
SUBJECT:
Hearing Date: 1011 0/2006
Mayor and City Council
Jenny Veatch, Assistant City Planner
Barks Canyon Creek Development Agreement Modification ~ MI-06w006
Request to Modify the (Draft) Development Agreement for Harks Canyon
Creek by allowing temporary construction fencing along Lot 5, Block 3,
rather than a permanent fence that would limit public access to the Ten Mile
Creek waterway, an approved amenity, by Franklin Centre, LLC.
"'-.U /"='" ;id.
V'VLCridi:n~ \
I, ID.\HO !i
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1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Franklin Centre, LLC, has submitted a Miscellaneous Application (M!) requesting
modification to a draft Development Agreement for Harks Canyon Creek Subdivision, which is located
near the southwest comer of Linder Road and Franklin Road, in a proposed C-C and TN-R zone. NOTE:
The subject Development Agreement has not yet been recorded. The applicant is proposing to amend Site
Specific Condition #6.1.5 on the fifth page of the unsigned Development Agreement for AZ-05~056, pp~
05-058 and CUP~05-051, as detailed below. Site Specific Condition #6.1.5 states:
The Owner/Developer shall maintain Lot 19, Block 3 in a state free of accumulation of
junk, noxious weeds, and shall fence the perimeter of Lot 5, Block 3 to limit public access
to the waterway.
The applicant is proposing to construct temporary construction fencing between Lot 5, Block 3
(the service road) and Lot 19, Block 3, (Phase IT of the residential development), rather than
provide a pennanent fence which would limit public access to the Ten Mile Creek waterway. The
Ten Mile Creek waterway is a proposed amenity within this development. Construction fencing
will help to prevent litter from entering Lot 19 and the Ten Mile Creek during construction of the
first phase of development, but can be removed after the subdivision is built out, allowing
residents better access to the water amenity.
The City has sent out notices of the subject request in accordance with the current standards for
public hearings (see Section 4 below for publication dates.)
There are no required findings for a miscellaneous application/development agreement modification.
Below, in the History/Staff Analysis section, Staff has provided the most pertinent facts and analysis
related to the proposed development agreement modification.
2. LOCATION & SURROUNDING USES
The subject property is located on the southwest corner of Linder Road and Franklin Road, in Section 14,
Township 3 North, Range 1 West.
The following uses surround the subject property:
1. North: Caffarelli Subdivision, I~L
2. East: Harks Comer, C-C, and Van Hees Subdivision, R~l
3. South: Whitestone Estates, R-4, and Ten Mile Creek
Harks Canyon Creek Subdivision Development Agreement Modification / MI'()6~OO6
Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DAlE OF OCTOBER ]0,2006
4. West: Agricultural Ada County RUT and R1
3. OWNER OF RECORD
The property owner of record Franklin Centre, LLC, has submitted the subject application.
4. PROCESS FACTS
a. Miscellaneous applications are not currently addressed in Title 11 of the Meridian City Code.
It has been detennined by the City's Legal Department that a miscellaneous application to
amend a recorded development agreement will in fact require a public hearing before the City
CounciL
b. Newspaper notifications published on: August 28th and September 11 t\ 2006 (for City Council
hearing)
c. Radius notices mailed to properties within 300 feet on: August 25th, 2006 (for City Council
hearing)
d. Applicant posted notice on site by: September 29,2006 (for City Council hearing)
s. mSTORY/STAFF ANALYSIS
The Meridian City Council approved the Harks Canyon Creek Subdivision applications on April 4, 2006
and the Findings of Fact and Conclusions of Law were approved on April 25, 2006. At the public
hearings regarding AZ-05-0S6, PP-05..o58 and CUP-05-051, the issue of fencing along the Ten Mile
Creek was not discussed.
Subsequent to the approval, the applicant discovered the provision in the Development Agreement
regarding the permanent fencing requirement along Lot 5, Block 3 and asked Staff if temporary
construction fencing could be installed instead. Staff prepared the Report for Harks Canyon Creek to
reflect the general fencing requirements of the UDC and the Master Pathway Agreement between the
Nampa & Meridian Irrigation District (NMID) and the City of Meridian. Said Agreement requires the
City to take appropriate action to protect the public who use the pathways and to prevent litter, trash or
other material to gather or be deposited along the pathway. The UDC requires 6-foot tall chain-link
fencing along waterways, unless it can be demonstrated by the applicant that the waterway will be
improved or developed as a water amenity. Construction drawings and relevant calculations prepared by a
qualified licensed professional registered in the State of Idaho shall be submitted to both the Director and
the authorized representative of the water facility for approval (UDC-11-3A-6B).
On September 13, 2006, Staff received written notice from the Nampa & Meridian hrigation District,
stating that they do not require fencing to protect the Ten Mile. Because NMID is not requiring: the Ten
Mile to be fenced. because temporary construction fencing; will be installed by the applicant to prevent
litter. trash and other construction materials from enterimz the waterway. and because the applicant is
proposing to use the Ten Mile as a site amenitv. staff believes tempOrary construction fencing is
aPDrooriate in this location. Staff recommends that the City Council reference any public testimony that
may be provided on this subject at the public hearing.
6. RECOMMENDATION:
Staff recommends that an amendment to the draft Develooment A2I'eement for Harks Canvon
Creek be approved. as requested bv the aoolicant. Staff further recommends that the Council direct
Lellal Deoartment Staff to amend the draft DA bv removinlZ the reauirement for a permanent fence
along Lot 5. Block 3. with a reauirement for temporary construction fencing to be installed along:
the south side of Lot 5. Block 3 (currentlv provision #6.1.5 on the fifth page ofthe draft DA).
Harks Canyon Creek Subdivision Development Agreement Modification I MI-06-006
Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 10,2006
7. EXHIBITS:
A. Drawings
1. Site Map Plan (dated: October 2005)
2. Landscape Plan (dated: June, 2006)
Harks Canyon Creek Subdivision Development Agreement Modification / MI.06-OO6
Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 10, 2006
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Harks Canyon Creek Subdivision Development Agreement Modification / MI-06-006
Exhibit A Page 2
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
APR .2 1 2006
City~'dian
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- 1_
In the Matter of Annexation and Zoning of 10.15 acres to c-c zone (Community Business
District) for 6.08 acres of the site and a TN-R (Traditional Neighborhood- Residential) for
4.07 acres of the site AND Preliminary Plat Approval for 29 single family lots, 7
commercial lots, and 8 common/other lots AND a Conditional Use Permit for a mixed use
development within 300' of a residential district, for Harks Canyon Creek Subdivision, by
Franklin Centre, LLC.
Case No(s). AZ-05-054/PP-05-058/CUP-05-051
For the City Council Hearing Date of: April 25, 2006
A. Findings of Fact
1. Hearing Facts (see attached StafIReport for the hearing date of April 25, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of April 25, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April
25,2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of April 25, 2006 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 August 6, 2002,
Resolution No. 02-382 and Maps.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-054/PP-05-058/CUP-OS-051- PAGE I of 4
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 Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of January 10,
2006 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 Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated October 2005 is hereby conditionally approved; and,
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated January
29,2005 is herby conditionally approved; and
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of April 25, 2006 incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void ifthe applicant fails to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and conforms substantially to the approved preliminary plat, such segments, if
submitted within successive intervals of eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approval. Upon written request
CITY OF MERIDIAN FINDINGS OF fACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-054/PP-05-058/CUP-05-05l- PAGE 2 of 4
and filed by the applicant prior to the termination of the period in accord with 11.6B-
7.A, the Director may authorize a single extension of time to record the [mal plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
determined and approved by the City Council may be granted. With all extensions, the
Director or City Council may require the preliminary plat, combined preliminary and
fmal plat or short plat to comply with the current provisions of Meridian City Code
Title 11. If the above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again.
E. Notice afFinal Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use pennit 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 ofthe City of
Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use pennit approval 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 April 25, 2006
By action of the City Council at its regular meeting held on the
/1rH'"J 1. , 2006.
2.5'~ day of
COUNCIL MEMBER SHAUN WARDLE VOTED ~
COUNCIL MEMBER JOE BORTON VOTED ~
COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~
COUNCIL MEMBER KEITH BmD VOTED fF-
TIE BREAKER
MAYOR TAMMY de WEERD VOTED -
~flfe#~
YO de WEERD
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-054/PP-05-058/CUP-05-051- PAGE 3 of 4
ATTEST:
C~'C'.' "V
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Copy served upon:
~ Applicant
/ Planning Department
/. Public Works Department
./' City Attorney
By:
CIty Clerk's Office
Dated: 5..2.0 lP
CITY OF MERIDIAN FfNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-0S4/PP-oS-05 8/CUP-05-051- PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006
STAFF REPORT Meridian City Council
Hearing Date: April 25, 2006
City Council hearing date: April 7, 2006
City Council hearing date: March 7, 2006
City Council hearing date: February 7, 2006
TO Meridian City Council
FROM: Meridian Planning Commission
STAFF: Joe Guenther, Associate City Planner
SUBJECT Harks Canyon Creek Subdivision
AZ-OS-OS6
Annexation of 10.15 acres from RUT to 4.07 acres C~C (Community
Business) and 6.08 acres IN-R (Traditional Neighborhood Residential)
PP.05-0S8
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APR 2 1 2006
City Of Meridian
City Clerk Office
Preliminary Plat for 29 Single-family residentia110ts 7 commercial lots and 8
other lots
CUP.QS-051
Conditional Use Penuit for a mixed use development within 300' of a
residence
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting
annexation and zoning of 10.15 acres ofland that is currently zoned RUT in Ada County. The applicant is
seeking a C-C zone (Conununity Business District) for 6.08 acres oithe site and a TN-R (Traditional
Neighborhood- Residential) for 4.07 acres of the site. The applicant has submitted a preliminary plat for
the subject property requesting 29 single-family residential lots, 7 commercial lots and 8 common/other
lots for the 9.47 acres plat. The applicant has also submitted a conditional use permit for a mixed use
development within 300'
2. SUMMARY RECOMMENDATION: Meridian Planning and Zoning Commission heard the item on
January 5, 2006. At the public hearing they moved unanimously to recommend approval.
a. Summary of Public Bearing:
i. In favor: Jane Suggs, JBS Consulting
ii. In opposition: None.
iii. Commenting: None
iv. Staff presenting application: Joe Guenther, Associate City Planner
v. Other staff commenting on application: Mike Cole, Development Services
Coordinator.
b. Key Issues of Discussion by Commission:
i. - Location of the site in relation to industrial uses on Franklin Road
ii. - Lot 19 Block 1, the open space lot south of the site which will be for future
development.
iii. - Lot 5 Block 1 will be reconfigured from one lot to approximately five lots
which the east/west portions will be service drives and the north/south portions
will be either public or private streets for future connection to Lot 19.
c. Key Commission Changes to Staff Recommendation:
Harks Canyon Creek Subdivision
AZ-OS-OS4/PP-OS-oS8/CUP -OS-051
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006
1. Public Works Condition 2.15 shall read "All development improvements for each
phase of this development, including but not limited to sewer, fencing, micro-
paths, pressurized irrigation and landscaping shall be installed and approved prior
to obtaining certificates of occupancy.
11. Planning Condition 1.11 shall read Lot 21 instead of Lot 22.
d. Outstanding Issue(s) for City Council:
i. -None.
3. PROPOSED MOTION (to be considered after the public hearing)
Approval (AD applications)
I move to approve File Numbers AZ-05-054/PP-05~058/CUP-05-0S I as presented in staff report for the
hearing date of April 25, 2006 and the preliminary plat dated October, 2005 with the following
modifications to the conditions of approval: (add any proposed modifications)
Denial (All applications)
I move to deny File Numbers AZ-OS-OS4/PP-05-058/CUP-05-OSl as presented in the staff report dated
April 25, 2006 and the preliminary plat dated October, 2005 for the following reasons:
Continue (All applications)
I move to continue the public hearing for items number AZ-05-0S4/PP-05-058/CUP-OS-051 to (date
certain).
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
South of Franklin Road, and West of Linder Road - Approximately 10.3 acres of an
irregular shape in the NW U ofthe NE ~ 3NIW 814
b. Owner
Franklin Centre, LLC
1767 W. Franklin Road
Meridian, Idaho 83642
c. Applicant:
Jane Suggs
ms Enterprises, LLC
200 Louisa Street
Boise, Idaho 83712
d. Representative: Jane Suggs, JBS Enterprises, LLC
e. Present Zoning: COUNTY- RUT
f. Present Comprehensive Plan Designation:
Mixed Use Regional, Multi-Use Pathway, 2002 Comprehensive Future Land Use Map
g. Description of Applicant's Request:
1. Date of preliminary plat (attached as Exhibit AI): October, 2005
2. Date oflandscape plan (attached as Exhibit A2): October 31,2005
h. Applicant's Statement/Justification: The proposed mixed use project complies with the City's
designation of Mixed Use Regional where the C-C district allows for smaller
commercial operations which will be paired with the TNR district which allows for
residential densities up to 8 dwellings per acre. We believe the use of the project will
Harks Canyon Creek Subdivision
AZ-OS-054/PP-OS-OS8/CUP-OS-OSl
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006
provide a development which will complement the SUffOl.Ulding land uses and will
include many amenable features such as detached sidewalks, extensive open space, future
multi-use pathway, a pond, and use the integrated home office designs ofthe TNR
district.
S. PROCESS FACTS
a. The subject application will in fact constitute an annexation and/or rezone as determined by
City Ordinance. By reason of the provisions ofthe Meridian City Code Title 11 Chapter 5, a
public hearing is required before the City Council on this matter.
b. The subject application will in fact comtiOlte a preliminary plat as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title II Chapter 5 and
Chapter 6, a public hearing is required before the City Council on this matter.
b. Newspaper notifications published on: January 16, 2006 and January 30, 2006
c. Radius notices mailed to properties within 300 feet on: January 13, 2006
d. Applicant posted notice on site by: January 27, 2006
6. LAND USE
a. Existing Land Use(s): Agricultural
b. Description of Character of Surrounding Area: AgriculturallUrbanizing
c. Adjacent Land Use and Zoning
1. North: Caffarelli Subdivision I-L, Franklin Road
2. East: Harks Comer C-C, Linder Road
3. South: Whitestone Estates, R~4, Ten Mile Creek
4. West: Agricultural Ada County RUT and RI
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities
1. Public W ories
Location of sewer: Extension of main located in the southwestern comer of
this property.
Location of water: Extension of mains in Franklin Road
Issues or concerns: The sewer flows to the Whitestone lift station. The
applicant shall be responsible for any upgrades that may be required.
2. Vegetation: Agricultural/Irrigated
3. Flood plain: Ten Mile Creek - Mainly contained within the banks
4. Canals/Ditches Irrigation: Ten Mile Creek
5. Hazards: Floodplain
6. Proposed Zoning: TN-R and C-C
7. Size of Property: 10.15 acres
8. Description of Use: Residential, 29 Single Family detached, 7 Conunercial, and 7
Common
Harks Canyon Creek Subdivision
AZ-05-054/PP-05-058/CUP -OS-051
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006
f. Subdivision Plat Information
I. Residential Lots: 29
2. Non-residential Lots: 7
3. Total Building Lots: 36
4. Common Lots: 5
5. Other Lots: 3
6. Total Lots: 43
7. Open Lots: Lot 21 Block 3 is the main pond/common lot. Lots 9, 12 Block 2 and
Lots 10, 14 Block 3 are internal common lots within the residential component
8. Gross Density: 9.84 units per acre shown (2.94 acres by 29 SF) - (Build out for
1N~R as presented in conceptual plan shows 79 units on 6.08 acres for 13.0 du/a)
g. Landscaping
1. Width of street buffer(s): 25 feet required for Franklin Road (25 feet shown)
2. Width ofbuffer(s) between land uses: 25 feet commercial to residential (15 feet
shown to the residence west ofthe site) (5 feet proposed C-C to TN-R)
3. Percentage of site as open space (PP application):
.44 acres or 4.3% open space (future lot 19 Block 3 not included and parkway
calculations not included)
4. Other landscaping standards: Retain existing healthy vegetation; rehabilitate the
natural vegetation/habitat cover along the Ten Mile Creek to Park Department and NMID standards;
possible cooperation with the Parks Department for development of a multiuse pathway across to
Whitestone Estates Subdivision
h. Amenities
The applicant is proposing amenities in open space and pond with Gazebo, parkway
streets.
i. Proposed and Required Residential Standards
C-C (Standards)
Front
Interior side
Street landscape buffers
Local
Arterial
Landscape Buffer to residential uses
Maximum building height
Proposed Required
0 0
0 0
10 10
25 25
5/15 25
50 50
TN-R (Standards)
Setbacks (measured from back of sidewalk)
Proposed
Drafted
Harks Canyon Creek Subdivision
AZ-OS-054/PP -OS-OS8/CUP-oS-OSl
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006
Minimum front setback
Alley accessed properties
Minimum front setback Street accessed properties
10
20 to garage
10 to living area
10
20
10
Minimum rear setback
Alley accessed properties without parking pad
Alley accessed properties with parking pad
Street accessed properties
5
N/A
12
5
20
12
Minimum side setback
Property lines adjoining unattached walls
Property lines adj oining attached walls
4
o
4
o
Minimum side street setback
Alley
Local Street
Collector
5
10
N/A
5
10
20
Street Landscape Buffer
Local Street
8 -parkway with Class II trees
or tree wells w/8' sidewalk
8
Arterial
25
25
Maximum building height
40
40
j. Proposed and Required Non-Residential
Commercial lots shall conform to the use requirements of the C-C district and shall
receive a certificate of zoning compliance for all uses, See exhibit B.
Non-residential lots in TN-R district are to he used for amenities and open space only_
k. Off-Street Parking (Multi-Units):
1. Parking spaces required: 2 for each unit, (29) TNR attached units; 58 staUs req.
2. Parking spaces proposed: 29 minimum covered stalls are shown as conceptual, 24
on street parking stalls are provided.
3. Compact spaces proposed: 0
4. Off-site parking proposed: No
1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.):
Direct lot access to Franklin Road is to be prohibited. Access to future development is as
proposed with pubic stub streets at multiple locations to the east. Potential commercial
cross access through. the C.C district lies both east and west at the shown parking lots.
An additional stub street to the east at "public road No 2" will not be required. The
applicant has agreed to make all changes as required by the attached ACIID staff report.
The Meridian Police and Fire Departments have submitted requirements which exceed
the standards as recommended by the UDC PIG Committee for the TN-R district. The
Planning Department is recommending approval of the minimum standards as set forth
Harks Canyon Creek Subdivision
~-05-0S4(,pP~5~58/ClJP-05-051
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006
by ordinance in the TN-R District.
For a detailed report on the public streets and access points to public streets, please the
attached staff report from the Ada County Highway District (Exhibit C).
7. AGENCY COMMENTS MEETING On November 10th 2005 staff held an agency comments
meeting, all agencies attending provided comments as attached in Exhibit B.
Staffhas included all conunents and recommended actions as Conditions of Approval in the
attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject site is designated 'Mixed Use Regional' on the Meridian Comprehensive Plan Future
Land Use Map and the applicant has generally drawn the annexation requests for the TN-R and
C-C district to meet the goals of the Mixed Use Regional District. In Chapter vn of the
Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible
or transitioning parts of the City where innovative and flexible design opportunities are
encouraged. The MU-R has no upper limit on the square footage of non-residential uses and is
intended to allow a broad range of uses. The proposed density (9-13 d.u./acre) is within minimum
target density of 8 to IS d.u./acre for Traditional Residential Neighborhoods within a mixed use
development, staff finds that the proposal confonns to this stated purpose and intent. Higher
density subdivisions north and west of Linder Road have provided smaller lots in the "High and
Medium Density Residential" areas which have been at or above eight dwelling units to the acre.
Other subdivisions south and east of the site along Linder Road and Franklin Road have been
closer to the 3 to 5 d.u./acre with zoning designations ofR.8 or primarily R-4. Similar projects to
the Traditional Neighborhood concept Franklin and Ten Mile Roads vicinity have Commercial
designations (Neighborhood Commercial, Community Business, and Limited Office) under the
Meridian City Code where a mixed commercial/residential product was not available under the
Meridian City Code, but is being applied through the IN-R District. The properties east ofthe
site at Harks Comer are also zoned C-C where the restaurantlbar uses share the existing water
feature amenity on the site.
Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application (stqff
analysis is in italics below policy):
· Require that development projects have planned for the provision of all public services
(ChapterVll, Goal ill, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject properties. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
· Sanitary sewer and water seroice will be extended to the project at the
developer's expense.
· The subject lands currently lie within the jurisdiction of the Meridian Rural Fire
District. Once annexed the lands will be under the jurisdiction of the Meridian
City Fire Department, who currently shares resource and personnel with the
Meridian Rural Fire Department.
· The subject lands currently lie within the jurisdiction of the Ada County Sheriff's
Office. Once annexed the lands will be serviced by the Meridian Police
Department (MPD).
Harks Canyon Creek Subdivision
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. The northern roadway adjacent to the subject lands is currently owned and
maintained by the Ada County Highway District (ACHD). This service will not
change.
. The subject lands are currently serviced by the Meridian School District #2. This
service will not change.
. The subject lands are currently serviced by the Meridian Library District. This
service will not change and the Meridian Library District should suffer no
revenue loss as a result of the subject annexation.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility
Billing Services, and Sanitary Services Company.
. "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal
IV, Objective D, Action item 2)
In accordance with this Goal and Action Item, the applicants design only allows collector
(commercial/local street) road access to Franklin Road. These collector roads are designed
with landscape lots and oriented as to only allow vehicular traffic flow to the public road
system. No lots within Harks Canyon Creek Subdivision are provided lot access to a
collector or arterial street.
. Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities
within the Impact Area.
Stafffinds that the site is designatedfor MU-R on the Comprehensive Plan Future Land Use
Map. Although a wide range of commercial uses has not been planned for this property, the
identity of MU-R in the area of the Ten Mile Interchange would tend to become more
commercial as the area transitions to the future interchange. The project integrates a
residential/Community Business component into the design and staff finds the TNR products
provide an appropriate transitional use to the more intense commercial uses along Franklin
Road. More intense commercial/high density developments are anticipatedfor the Ten Mile
Interchange and the IN-R complements existing uses in Harks Corner and buffers the
Community Business aspects closer to Franklin Road from the residential uses south of the
site. Therefore Harks Canyon Creek Subdivision meets the general policies for the mixed use
regional comprehensive designation. -
. Chapter vn, Goal I, Obj ective B, Action 5: Locate new Community Business areas on
arterials or collectors near residential areas in such a way as to complement with adjoining
residential areas.
Franklin Road is classified as arterial roadway. The applicant is proposing access from the
adjoining areas from micro paths, sidewalks and shared (cross access) streets which will
provide fUture connection to residential !commercial areas east, west and south of the site
along Franklin Road and across the Ten Mile Creek. Staff believes that the Traditional
Neighborhood areas proposed compliment the existing and planned residential areas in the
vicinity.
. Chapter vn, Goal N, Objective D: Encourage appropriate land uses along transportation
corridors.
Staff believes that the proposed land uses are appropriate along the acijoining transportation
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CITY OF MERIDIAN PLANNING DBPARiMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006
corridors (Franklin Road and Linder Road).
· "Require appropriate landscape and buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)." (Chapter VIT, Goal IV, Objective D, Action item 4)
As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to
construct a 25-foot wide landscape buffer with a perimeter fence and dense vegetation along
Franklin Road. The applicant is also proposing to construct a 15-foot wide landscape buffer
along the western boundary where there is an existing single family residence. Staff is
supportive of these widths, as long as the entire buffer lies outside the ultimate right-ol-way.
See Site Specific Condition in the Preliminary Plat section below in Exhibit C.
· "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach"
from the National Center for Bicycling and walking in all land use decisions." (Chapter VI,
Goal IT, Objective A, #3)
This publication encourages jurisdictions to establish bikeway and walkway facilities in new
Construction and reconstruction projects, in a manner that is safe, accessible and convenient.
The additional rights of way for Franklin Road will be large enough to accommodate fUture
pedestrian walkways and possible bicycle lane as well as interconnection of sidewalks along
arterial roads. The urban design of the TN-R district includes larger open spaces integrated
into the front yards of all blocks in this district. These larger open spaces will all include
pedestrian traffic routes connected to the arterial roadways. The applicant has indicated that
a bridge will be provided for access to the south through Whitestone Estates where the fUture
Ten Mile Creek Multi-use Pathway will be located. The applicant shall bond for the multiuse
pathway and bridge with this development to ensure compliance with the future pathway
system.
· Protect existing residential properties from incompatible land use development on adj acent
parcels (Chapter vn, Goal N, Objective C, Action 1)
The properties adjacent to the subject site are designated for a wide variety of uses. North of
the site is planned for Industrial uses, east and south of the site are existing
commercial/residential developments not expected to change, and west and south of the site
are continuations of the mixed use regional uses on the Comprehensive Plan Future Land
Use Map. The project provides a transition from the intense commercial and industrial uses
along Franklin into a mix of residential densities from the C-C District to the TN-R District.
· Support a variety of residential categories (low-, medium-, and high-density single family,
multi-family, townhouses, duplexes, apartments, condOminiums, etc.) for the purpose of
providing the City with a range of affordable housing opportunities (Chapter vn, Goal N,
Objective C, Action 10)
The subject property is designated Medium Density Residential on the Meridian Future Land
Use Map which identifies this area as an appropriate area for residential development. This
proposal meets the Comprehensive Plan definition of medium density, with a gross density of
9 to 13 dwelling units per acre. Staff has reviewed Harks Canyon Creek Subdivision under
the Traditional Neighborhood Residential designation which supports residential densities
from 8 to 15 dwelling units to the acre (pIG Group recommendations). Staff anticipates the
housing types for Harks Canyon Creek Subdivision to be very diverse due to the lot sizes,
Harks Canyon Creek Subdivision
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CTTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/2512006
attachments and varying integrated designs. These projects as a neighborhood meet the
variety needed to be offered within residential designations. The project also concentrates the
higher density housing within the TNR district and transitions to a larger open space area as
the subdivision flows south and into the R-4(medium density) designation.
· "On-street bikeways should be incorporated on all future Collector streets." (Chapter VI,
Figure VI-5)
Figure VI-5 on page 57 of the Comprehensive Plan designates a bikeway on all collector
roads and arterials. The proposal will provide a local road connection from the site to
Franklin Road which will provide interconnection to future collector streets.
/nterconnectivity between subdivisio7}s will also provide for a multiuse pathway connection
through Subdivision for pathway access to the Ten Mile Creek pathway systems. The subject
property lies within the immediate vicinity for a park/pathway connection in the area north of
/-84 and Linder Road and fUture connection all the way to 1-84 along the Ten Mile Creek.
Currently no pathway exists in the near vicinity. No bike lane is proposed for Franklin
Road. See ACHD report.
. The following standard applies for all Mixed.Use Regional developments proposed within
300-feet of an existing residence or school require a conditional use permit. (Chapter vn,
Pgs 97-98)
The applicant has submitted a Conditional Use Permit CUP-05-051 to comply with this
section. The applicant's conceptual plan provides for an additional fifty units shown as
condominiums as well as future open space and a pathway connection along the Ten Mile
Creek. Staff supports the conceptual site plan dated July 19, 2005 as submitted but will
require assurances that the future amenities will be provided in a timely manner as to be able
to be used by fUture residences contained within the associated plat.
Staff finds that the lJrolJosed zoning and subsequent uses (Community Business / sinele-familv
homes) will be f!eneral/v harmonious with and in accordance with the Comvrehensive Plan.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: 11-2D-2 (TNR) lists Single Family Residential (attached and
detached) as permitted uses in the TNR and C-C zoning districts. Furthennore, limited office/commercial
uses are allowed in the TNR district, also listed in ODC 11-2D-2.
11.2B-2 (C-C) lists many limited commercial uses as pennitted as well as many more intense
uses as conditional in the Community Business district.
b. Purpose Statement of Zone:
COMMUNITY BUSINESS DISTRICT (C-C) the purpose of the commercial districts is to provide for
retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four
Districts are designated which differ in the size and scale of commercial structures accommodated in the
district, the scale and the mix of allowed conunercial uses, and the location of the district in proximity to
the streets and highways: Community Business Districts offer allowed uses of Larger scale and broader
mix of retail, office, and service uses with access to arterials or nonresidential collector streets.
TRADITIONAL NEIGHBORHOOD RESIDENTIAL DISlRICT (TN-R): The purpose ofthe TN-R
District is to provide for a variety of residential land uses including attached and detached single-family
Harks Canyon Creek Subdivision
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CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF 4/25/2006
residential, duplex, townhouse, and multifamily. A TN-R bistrict includes open spaces and promotes
pedestrian activity through well-designed and varied streetscapes that also provide for the safe and
efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The
maximum density of the TN-R District is fifteen (15) units per acre. The minimum density is six (6) units
per acre. Density should decrease away from the center and closer to conventional residential districts.
The TN-R District should be generally located: adjacent to a TN-C District, along a transit corridor, or
within a mixed use neighborhood. For the purposes of this Title, the tenn residential district shall also
include the Traditional Neighborhood Residential District.
c. Traditional Neighborhood standards: ODC 11-20-6 - The standards of the Traditional
Neighborhood District are to be negotiated by the Planning Conunission and the City Council. The
following is a draft of standards developed by the 2005 Process Improvement Group (pIG) group.
Options for Street Sections in the TN-R District: The width of the allowed street section shall be
determined by how the properties are accessed and whether or not a parking pad is provided that has
minimum dimensions of twenty feet (20') by twenty feet (20') as measured from the paved surface ofthe
alley or street to the face of the garage door.
1. For alley accessed properties that provide a parking pad, the following shall apply:
a. The parking pad must meet the dimensional standards noted above.
b. All alleys shall have a twenty-foot (20') right-of-way with a minimum of sixteen feet (16')
of paving.
c. The applicant shall be allowed to have a reduced street section oftwenty-nine feet (29')
(measured from back-of-curb to back-of-curb) with parking on both sides.
2. For alley accessed properties that do not provide a parking pad, the following shall apply:
a. All alleys shall have a twenty-foot (20') right-of-way with a minimum of sixteen feet (16')
of paving.
b. The applicant shall provide a street section of thirty-three feet (33') (measured from back-
of-curb to back-of-curb) with parking on both sides. The requirement for off-street parking as
set forth in Section 11-3C-6 is waived for alley accessed properties in such circumstances.
c. The applicant may request a street section oftwenty-nine feet (29') (measured from back~
of~curb to back-of-curb) with parking on one side where the street only provides residential
access on one side of the street. For example, where one side ofthe street has homes on it and
the other side of the street is a dedicated open space lot. Such request shall be approved by
Council with the preliminary plat. The requirement for off-street parking as set forth in Section
Il-3C-6 is waived for alley accessed properties in such circumstances.
3. For street accessed properties, the following shall apply:
a. Although street accessed properties are allowed in this district, it is anticipated that only
properties on the perimeter of a TN-R development would be street accessed. The applicant
shall demonstrate that the design meets the purpose statement ofthe TN-R district.
b. All street accessed properties must provide a parking pad as detailed above.
c. The applicant shall be allowed to have a reduced street section of twenty-nine feet (29')
(measured from back-of-curb to back-of-curb) with parking on only one or on both sides.
4. Block lengths shall meet the standards as set forth in Section 11-6C-3F2. Although block
lengths ate allowed to exceed five hundred feet (500') when a pedestrian pathway is used to
break up the block, it is anticipated that most blocks will not exceed the five hlUldred-foot
(500') requirement. The applicant shall demonstrate that the design meets the purpose
statement of the TN-R district.
Harks Canyon Creek. Subdivision
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In addition to the standards as set forth in Section 11 ~3A-7, the following restrictions shall apply to
fencing within the IN-R district:
1. Front yard. Fences shall be wrought iron or similar of similar quality and appearance and shall be
no greater than three feet (3') in height.
2. Side yard.
a. Side yard fences that follow the side yard property line shall only be allowed where the
side setback is five feet (5') or greater. The portion of a side yard fences that extend from
the building to the side yard property line shall be setback two feet (2') behind the
enclosed portion of the front of the building.
b. Side yard fences that extend from one building to an adjoining building are allowed
where the adjoining houses have use easements on the side yard area. Such fences shall
be setback two feet (2') behind the enclosed portion of the front of the building adjoining
the fence.
3. Rear yard of alley accessed properties. Fences shall be setback a minimum of seven feet (7') from
the alley (measured from back of paved surface of the alley).
4. The maximum fence height shall not exceed six feet (6'), subject to the provisions set forth in
Sections 2 and 3 below.
5. On comer properties, the maximum fence height in the required street side yard shall be six feet
(6') above the grade (as measured at the property line), and the minimum setback shall be ten feet
(10') from the street side property line. See Figure ll-3A-3.
6. Where the rear yard of one property adjoins the front yard of another property, the fence along the
rear and side yards where they adjoin the adjacent front yard shall be flush or angled at forty-five
(45) degrees to provide continuity with the adjoining fence and property line. See Figure 11-3A-
3.
7. Additional height shall be allowed for arbors, arches andlor other architecnrral appurtenances
extending over gates and/or other entryways Such appurtenances shall not exceed five feet (5') in
width and/or eight feet (8') in height.
8. Additional height shall be allowed for gate posts. Such gateposts shall not eight feet (8') in
height.
Lighting. In addition to the standards as set forth in Section 11-3A-Il, the following standards shall apply
within the TN~R district: All dwelling units shall have a minimum of two (2) lights at the front of the unit.
All dwelling units on alley accessed properties shall have a .minimum of two (2) lights along the alley. All
lighting required in this section shall be on a photocell that activates the lighting at dusk and turns it off at
dawn.
10. ANALYSIS
lOa. Analysis of Facts Leading to Staff Recommendation
1. ANNEXATION & WNING ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the Unified
Harks Canyon Creek Subdivision
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006
Development Code, staff believes that this is a good location for the proposed Single Family
Residential products. Please see Bxhibit D for detailed analysis of facts and fmdings.
1.1 The annexation legal description submitted with the application (stamped on October 13,
2005 by Todd R. Waite, PLS) shows the property as contiguous to the existing corporate
boundary of the City of Meridian.
1.2 Any future subdivision, uses and construction on this property shall comply with the City
of Meridian ordinances in effect at the time.
1.3 That the applicant 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
bave 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.
1.4 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. 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.
1.5 UDe 11-5B-3D2 provides the P&Z Conunission and City Council the authority to
require a property owner to enter into a Development Agreement with the City of Meridian
that may require some written conunitment for all future uses. Due to the mixed use nature of
the conunercialloffic,elresideutiaj uses. the size and scope of the proiect. the undetermined
location of amenities. pathway location. undeveloped areas of Lot 19 Block 3. and the variable
standards of }he TN.R district as defined bv the Meridian City Unified Development Code,
staff believes that a Development AlU"eement is necessary to ensure that this propertv is
develQped in a fashion that is consistent with the comprehensive plan desi2l1ation and does not
ne~atively imoact nearbY properties. If the Commission or Council feels additional
development agreement requirements are necessary, staff recommends a clear outline of the
commitments of the developer being required.
A Development Agreement (DA) will be required as part of an annexation of this
property. Prior to the annexation ordinance approval, a DA sball be entered into between
the City of Meridian, the property owner(s) (at the time of annexation ordinance
adoption), and the developer. The applicant shall contact the City Attorney. Bill Nary, at
~884433 within 18 months of Council auproval to initiate this process. The DA shall
incorporate the following:
. That the applicant 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.
. 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
Harks Canyon Creek Subdivision
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/2512006
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 applicant shall provide a surety agreement for of the construction of the multi-use
pathway and bridge in accordance to UDC 11.5C unless a development application has
been submitted for Lot 19 Block 3 prior to the issuance of the first certificate of
occupancy in Harks Canyon Creek Subdivision.
· The applicant shall coordinate with the Meridian Parks Department and Nampa Meridian
hrigation District to define the location of the multiuse pathway, bridge maintenance, and
landscaping along the Ten Mile Creek.
· The applicant shall maintain Lot 19 Block 3 in a state free of accumulation of junk,
noxious weeds, and shall fence the perimeter of Lot 5 Block 3 to limit public access to
the waterway.
· The applicant has agreed that all of the TN-R residential units will be constructed with
fire sprinkler systems to mitigate for the 5' setback to alley required by the Meridian Fire
Department as discussed on April 4, 2006.
· That the applicant 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, 2006.
2. PRELIMINARY PLAT SPECIAL CONSIDERATIONS
2.1 Public Streets and Access:
Connectivitv (future develoDments);
Local stub streets for future development west of the site shall connect from "Public
Street #2" west of the site at the location shown.
Cross access shall be provided to the property west of the site adjacent to Lot 1 Block 1
from the parking lot ail shown.
Cross access shall be provided to the property east of the site adjacent to Lots 22 and 23
Block 3 from the parking lot as shown to connect with the existing Harks Comer
Development.
An additional public or private street to the south shall be provided in the general location
of Lot 5 Block 3. The public or private street shall be for addressing and unobstructed
access to future development in Lot 19 Block 3. See Exhibit B below.
No direct access will be allowed to Franklin Road.
2.2. Landscaping: Staff is generally supportive of the landscaping design with the following
considerations:
The 25 feet of right-of-way landscaping on Franklin Road shall be maintained by the
Business Owners Association. The landscape buffers along these arterials shall be
designed in accordance to UDC 11 ~3B-7. The landscape buffer shall be measured from
the back of sidewalk if attached sidewalks are used.
Harks Canyon Creek Subdivision
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The landscaping along Franklin Road shall be installed prior to final plat signature. The
landscaping along Franklin Road shall be contained in a separate lot or on a permanent
easement which will be maintained by the business owners association.
Common Lot 22 Block 3 shall be maintained by the business owners association and not
by the home owners association.
All parkway trees shall be Class II trees.
All parking lots adjacent to the TN-R district shall provide a minimum of one tree at the
end of each parking aisle; the parking lot landscaping shall comply with the design
standards as listed in UDC 11-3B-8. The applicant is not showing the required 25'
landscape buffer between uses in this location. The applicant shall revise the site plan to
reflect the required buffers or submit a new landscape plan with an application for
alternative compliance to the director. If the director fails to approve the request for
alternative compliance the applicant shall provide the required landscape buffers as
detailed in UDC 11-3B. See Exhibit B.
A written certificate of completion shall be prepared by the landscape architect, designer,
or qualified nurseryman responsible for the landscape plan and submitted prior to City
Council signature of the Final Plat. All standards of installation shall apply as listed in
UDC 11-3B-14.
2.3 Tree Mitiaation: Any tree over 4" in caliper that is removed from the property shall be
replaced by installing additional trees, being the equivalent number of caliper inches of
trees that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that are removed. The applicant should coordinate a tree
protection/mitigation plan with Elroy Huff at the Meridian Parks Department.
2.4. Ditches. Laterals. and Canals; All irrigation ditches, laterals or canals, exclusive of
natural waterways, intersecting, crossing or lying adjacent and contiguous to the area
being subdivided shall be tiled. Nampa Meridian Irrigation District has adjacent laterals
on this site but has not commented on the proposal. Staff has applied the standard
NMID conditions to this site.
2.5 Pressure IrrilIation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The applicant should be required to utilize 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 signature on the final plat by the City
Engineer. An underground, pressurized irrigation system should be installed to all
landscape areas per the approved specifications and in accordance with UDC 11-3B-6.
See Site Exhibit B below.
2.6. FencinlI: The applicant is not showing fencing on the submitted amenity and landscape
plan. A detailed fencing plan shall be submitted upon application of the [mal plat or
prior to City Council if required. If pennanent fencing is not provided, temporary
construction fencing to contain debris must be installed around the perimeter prior to
issuance of a building pennit. All fences should taper down to 3 feet maximum within 20
Harks Canyon Creek Subdivision
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006
feet of all right-of-way. All fencing should be installed in accordance with City Code in
effect at the time the pennit is issued. The landscape architect shall draft the landscape
plans to meet the standards ofUDC 11-3B. See Exhibit B, Condition 1.5 The Meridian
Police and Fire Departments have indicated that fencing shall have gates and there shall
be no side yard fencing, the fencing requirements shall comply with the standards of
UDC 11-3B.
Perimeter fencing shall be designed according to UDC 11- 3B and maintained by the
adjacent (homelbusiness) owners association. Temporary fencing shall be provided
along Lot 5 Block 3 until a development application for Lot 19 Block 3 is approved.
All fencing along the Ten Mile Creek shall be installed with non-combustible materials.
2.7 UnillU'roved Ritilit-of-Wav: Meridian City Code requires a lO-foot wide gravel shoulder
abutting right-of-way where the unimproved portion of the right-of-way is greater than
13 feet (measured from the edge of pavement to the edge of sidewalk or property line),
and Franklin road widening is in the ACIID Five Year Work Program and is scheduled
for widening in 2010. The remainder of the unimproved right-of-way should be
landscaped with lawn or other vegetative groundcover. Franklin Road abutting this site
appears to meet the warrants for the 1O-foot wide gravel shoulder requirement listed
above. Therefore, the applicant should be required to construct a 10-foot wide gravel
shoulder on Franklin Road, with the remaining portion of the right-of-way being
landscaped with lawn or other vegetative groundcover.
2.8 Multi-Use Pathway: The applicant is not showing but will be required to install a
multiuse pathway in accordance to the Comprehensive Plan and installed according to
UDC 11-3A-8 along the Ten Mile Creek in a location to be agreed upon with the Parks
Director and Nampa Meridian Irrigation District. CWTently, NMID owns the property
upon which the applicant is proposing to install the pathway. All NMID standard
conditions shall be applied to this site and all pedestrian access easements shall be
enacted.
Staff has required the applicant to bond for improvements to the multi-use pathway with
this application. The pathway cOIlllection is listed as an amenity to the residents of the
site and will be essential for pedestrian connection from the school site, Whitestone
Estates, and Mallard Landing Subdivisions south of the Ten Mile Creek. Therefore, the
pathway shall be a priority to be completed as soon as practical with the future
development of Lot 19 Block 3.
2.9 Private Streets: The applicant is proposing to use Lot 5 Block 3 to provide future access
to Lot 19 Block 3. Staffwill require at a minimum the North/South legs of Lot 5 Block
3 to be a private street (if not public) to provide addressing and maintained connections
to the future residential area south of Lot 5 Block 3. The applicant has not submitted a
Private Street application as required by UDC 11-3F-3. The private street standards are
listed in UDC 11-3F. The applicant shall design and construct the private streets in
compliance with the standards listed for Private Streets in UDC 11-3F Private Streets and
UDC 11-2D Traditional Neighborhood Residential. See Exhibit B Condition 1.11 The
Meridian Fire and Police Departments are requesting a minimum of 24' paved sections
for alleys which shall not apply to the TN-R districts as this would exceed the standards
set forth by ACHD and the Process Improvement Group for the TN-R district.
Harks Canyon Creek Subdivision
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CITY OF MERIDIAN J>LANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006
2.10CommonlOpen Space: The applicant has a qualified application meeting the
requirements of DOC 11-3G. The proposal is showing 4.3% of qualified open space
which does not meet the requirements of a minimum of 5% open space. The applicant
has provided landscaped Parkways in compliance with UDC 11-3G~5 but these
calculations have not been provided by the applicant and not added to the overall
required open space. Staff is confident that the minimum of 5% has been provided with
the presented design but with the off site improvements and parkway streets
2.11 Amenities: The applicant is required to provide one amenity per 20 acres. The applicant
is showing qualified site amenities as follows:
11-3G-3C-l - Quality of life amenities - Picnic area/Gazebo in Lot 22 Block 3
11-3G-3C-2 - Recreation amenities - None shown at this time, however the applicant is
proposing to tie the landscaping and pathway improvements to the Ten Mile Creek
pathway system to this development.
11-3G-3C-3 - Bicycle circulation amenities - Several blocks are connected with an
intema15' pathway which will be required to connect to the required Multi-use Pathway
along the Ten Mile Creek.
Amenities are generally located centrally and in common lots. These common lots shall
be maintained by the Harks Canyon Creek (Home or Business) Owners Association. The
landscape architect shall certify that one tree per 8,000 square feet of lawn has been
provided on the landscape plan.
2.12TlJlditional Neighborhood Residential: The standards as defined in the TNR district
UDC 11-2D-6 are currently defined as "determined by COWlcil upon annexation and/or
rezone". The standards listed under section 8 of the Harks Canyon Creek Staff report
dated January 5, 2006 have been drafted by a working group specifically for '!N-R
projects to be used as a guideline. The applicant has designed the project in accordance
to these standards and shall comply with the street sections, dimensional standards,
lighting and fencing requirements as contained in this report.
2.13Street Sections: Conditions 3.23 and 3.09 of Exhibit B from the Meridian Fire
Department Conditions of Approval will not apply to the street sections within the TN-R
District. These standards exceed the street sections proposed by the tIDC process
improvement group. ACHD has reviewed the street sections and if the applicant
complies with all ACHD conditions of approval then the street sections will meet all
standards as set forth by policy.
lOb. Staff Recommendation: Staff recommends approval of AZ-05-056/PP-05-058/CUP-05-
051 for Harks Canyon Creek Subdivision as presented in the staff report dated January 6,2006
based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as
listed in Exhibit B as attached to this report. Staff has prepared fmdings consistent with this
recommendation.
11. EXHIBITS
A. Drawings
1. Preliminary Plat (dated; October 2005)
2. Landscape Plan (dated; October 14, 2005)
3. Conceptual Site Plan (dated: July 19, 2005)
Harks Canyon Creek Subdivision
AZ-05-0S4/PP-OS-OS8/CUP-OS-051
PAGE 16
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 4/25/2006
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
S. Parks Department
6. Sanitary SeIVices
7. Ada County Highway District
8. Nampa Meridian Irrigation District
C. Legal Description
D. Required Findings from Zoning Ordinance
Harks Canyon Creek Subdivision
~-05-054IPP-05-058/ClJ.P-05JQ51
PAGEl?
A. Drawings
1. Preliminary Plat dated: October 2005
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Harks Canyon Creek Subdivision
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B. ConditiOIlB of Approval
1. Planning Department
SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
1.1 The preliminary plat labeled as Preliminary Plat dated October 2005 prepared by Claiborne Waite
Consulting, Inc. is app~oved, with the conditions listed herein. All comments/conditions of the
accompanying Annexati'on/Zoning (AZ-05-056) and Conditional Use (CUP-OS-OS1) shall also be
considered conditions of the Preliminary Plat (PP-OS.058).
1.2 The applicant has proposed a 2S-foot landscape buffer along Franklin Road. The Landscape
buffer shall be designed and installed in accordance to UDC 11-3B-7 and certified as installed
prior to fmal plat signature (DOC 11-3B-14B-3. The sidewalks within the buffer shall be placed
as to line up with future buffers in neighboring developments.
1.3 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to
the arterial roads of Franklin Road as required by ACHD. A note shall be placed on the fInal plat
restricting access to Franklin Road
1.4 The applicant shall provide cross access to all commercial lots within the subdivision and to the
property west of the site adjacent to Lot 1 Block 1 and to the east from Lots 22 and 23 Block 3 as
required by ACHD.
1.5 A landscape plan shall be submitted prior to :final plat showing the landscaping in relation to the
changes required by this report. The submitted landscape plan prepared by Terry Hammons, A to
Z Sprinkler and Landscaping., dated October 14, 2005 is not approved until re-submitted with
changes outlined in this report and in compliance with UDC 11-3B.
1.6 The applicant shall revise the site plan to reflect the required buffers or submit a new landscape
plan with an application for alternative compliance to the director. If the director fails to approve
the request for alternative compliance the applicant shall provide the required landscape buffers
as detailed in UDC 11-3B.
1.7 Maintenance of all residential common areas shall be the responsibility of the Harks Canyon
Creek Subdivision Homeowners' Association. (Lots 9 and 12 Block 2, Lots 10 and 14 Block 3)
1.8 Maintenance of all other common areas shall be the responsibility of the Harks Canyon Creek
Subdivision Business Owners Association. (all required street and use buffers, with Lot 21 Block
3)
1.9 For alley accessed properties that do not provide a parking pad, the following sball apply:
a. All alleys shall have a twenty-foot (20') right.of-way with a minimum of sixteen feet (16')
of paving.
b. The applicant shall provide a street section of thirty-three feet (33') (measured from back-
of-curb to back-of-curb) with parking on both sides. The requirement for off-street parking as
set forth in Section 11-3C-6 is waived for alley accessed properties in such circumstances.
c. The applicant may request a street section oftwenty-nine feet (29') (measured from back-
of-curb to back-of-curb) with parking on one side where the street only provides residential
access on one side of the street. For example, where one side ofthe street has homes on it and
Exhibit B Page 1
the other side of the street is a dedicated open space lot. Such request shall be approved by
Council with the preliminary plat. The requirement for off-street parking as set forth in Section
11~3C-6 is waived for alley accessed properties in such circumstances.
1.10 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 1l-3A-6,
unless otherwise approved by the City and the Irrigation District(s).
1.11 If the southerly directed portions of Lot 5 Block 3 are not dedicated to the public, the applicant
shall at a minimum submit a private street application to the Planning Director with the Final Plat
application if the applicant chooses to provide private streets for future connection to the south
along Lot 5 Block 3.
1.12 The applicant shall contact the Meridian Parks Director to define a location for the Multi-Use
Pathway along the Ten Mile Creek as shown on the Meridian Comprehensive Plan.
1.13 The applicant shall install a Multi-Use Pathway along the Ten Mile Creek or other location as
agreed upon by the Meridian Parks Director construction shall be in accordance to the standards
as listed in UDC 11-3A-8.
1.14 The landscape architect shall certifY that one tree per 8,000 square feet of lawn has been provided
on the landscape plan.
1.15 All road drainage shall be contained on site in the drainage swales/areas as depicted.
1.16 The applicant shall comply with the dimensional standards, street sections, lighting, and fencing
requirements as outlined in this staff report for the Traditional Neighborhood Residential District.
There shall be no modifications to the dimensional standards of the C-C Medium Density
Residential District or other operating standards as contained in the Meridian Unified
Development Code.
1.17 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A-17.
1.1.8 The applicant shall be allowed a 5' alley setback to garage/structure for all TN-R lots.
GENERAL REQUIREMENTS-PRELllvnNARY PLAT
1.18 All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to UDC 11-
3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall Dot be used in open space lots, except as permitted under UDe 11-38.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the stonnwater detention facility cannot be incorporated into the approved
open space and still meet the standards orUDe 11-3A-18, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of final construction.
1.19 The applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. If permanent fencing is not provided, temporary construction fencing to contain
Exhibit B Page 2
debris must be installed around the perimeter prior to issuance of a building pennit. All fencing
should be installed in accordance with City Code.
1.20 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
1.21 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6,
unless otherwise approved by Nampa Meridian Irrigation District. Plans will need to be approved
by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with
written approval or non.approval submitted to the Public Works Department. If lateral users
association approval can not be obtained, alternate plans will be reviewed and approved by the
City Engineer prior to :final plat signature.
1.22 Staffs failure to cite specific ordinance provisions or tenus of the approved
annexation/conditional use does not relieve the applicant ofresponsibility for compliance.
1.23 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B.
2. Public Works Department
2.1 Sanitary sewer service to this development is to being proposed via extension of mains stubbed in
the southwestern portion ofthis property. These mains flow to the Whitestone lift station. The
applicant shall be responsible for any upgrades to the lift station that may be required to handle
the extra influent.
2.2 The applicant shall install mains to and through this development; applicant shall coordinate main
size and routing with the Public Works Department, and execute standard forms of easements for
any mains that are required to provide service. 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
confoI1Il&Ilce of City of Meridian Public Works Departments Standard Specifications.
2.3 Water service to this site is being proposed via extension of mains in Franklin Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall not be dedicated via
the plat. The description shall be consistent with the graphically depicted easements on the plat
but be recorded as a separate document using the City of Meridian's standard forms. Submit an
executed easement (supplied by Public Works), a legal description, which must include the area
of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances
(marked EXlllBIT 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.
2.5 The applicant has indicated the pressure irrigation system in this proposed development is to be
an extension of a private system in Harks Comer. If it is to be maintained as a private system,
plans and specifications will be reviewed by the Public Works Department as part of the
construction plan review. A "draft copy" of the operations and maintenance manual will be
required prior to plan approval with the "final draft" being required prior to final plat signature on
the last phase of this project.
Exhibit B Page 3
2.6 Prior to signature on the plat by the City Engineer the applicant shall submit a signed agreement
granting pennission to use the existing private pressurized. irrigation pump station.
2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3B-6D). 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
signature on the final plat by the City Engineer.
2.8 All existing structures not meeting new setbacks shall be removed prior to signature on the final
plat by the City Engineer.
2.9 Any existing domestic wells and/or septic systems within this project shall be removed from.
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-
domestic purposes such as landscape irrigation.
2.10 If the stub streets to the south are going to be private streets, then Public Works will review and
inspect the storm drainage systems. The applicant will be responsible for all review and
inspection fees associated with this.
2.11 If this project is to contain private streets, the applicant shall address maintenance of the private
streets prior to signature on ftnal plat by the City Engineer.
2.12 As each conunerciallot develops they shall be required to retain storm runoff on site. A drainage
plan designed by a State ofldaho licensed architect or engineer is required and shall be submitted
to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stonn water treatment
and disposal shall be designed in accordance with Department of Environmental Quality 1997
publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties
and City of Meridian standards and policies. Off-site disposal into surface water is prohibited
unless the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources regarding Shallow
Inj ection Wells.
2.13 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, 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.
2.14 A letter of credit or cash surety in the amount of 110% will be required for aU uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.15 All development improvements for each phase of this development, including but not limited to
sewer, fencing, micro.paths, pressurized irrigation and landscaping shall be installed and
approved prior to obtaining certificates of occupancy.
2.16 Applicant shall be required to pay Public Works development plan review, and constmction
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
2.17 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.
2.18 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.19 Applicant shall be responsible for application and compliance with any Section 404 Pennirting
Exhibit B Page 4
that may be required by the Anny Corps of Engineers.
2.20 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.21 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.
2.22 The 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 I-foot above.
2.23 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants. Final design locations and quantity are
detennined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and pennit from the Public Works Department prior to
commencing installations.
3. Fire Department
3.1 One and two family dwellings will require a fire~flow of 1,000 gallons per minute available for
dw-ation of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet
apart. International Fire Code Appendix C.
3.2 Acceptance of the water supply for fIre protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 '12" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on comers when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements ofthe lFC Section 509.5.
3.4 Entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius.
3.5 All conunon driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
3.6 For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane".
3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.8 Building setbacks shall be per the International Building Code for one and two story construction.
3.9 The roadways shall be built to Ada County Highway Standards cross section requirements and
shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than
a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one
Exhibit B Page 5
side. These measurements shall be based on the face of curb dimension. The roadway shall be
able to accommodate an imposed load of 75,000 GVW.
3.10 Commercial and office occupancies will require a rrre-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.11 The proposed 29~lot subdivision with an estimated 2.9 residents per household would have a total
estimated population of 87 residents at build out.
3.12 All portions of the buildings located on this project must be within 150' of a paved surface as
measured aroWld the perimeter of the building.
3.13 The 7 office/commercial lots lot will have an unknown transient population and will have an
unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has
experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency
Services Consulting Group oW" requests for service are projected to reach 2800 in the year 2005 and
3800 by the year 2010.
3.14 The fIre department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fIre and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.15 Maintain a separation of 5' from the building to the dumpster enclosure.
3.16 Provide a Knox box entry system for the complex prior to occupancy
3.17 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.18 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a tire apparatus access road, as
measured by an approved route around the exterior of the facility 01- building, on-site fITe hydrants
and mains shall be prOVided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183).
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m).
3.19 R-2 occupancies with 3 or more units shall be required to be fire sprinkled, unless specified by the
UDC.
3.20 Emergency response routes and fire lanes shall not be allowed to have speed bumps.
3.21 Gates shall be provided on the front and rear of the property, iffenced.
3.22 Side yard fences shall not be allowed in the C-C district.
Exhibit B Page 6
3.23 Alleys shall be at least 24.feet wide and there shall be no parking on alley streets.
4. Police Department
4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if
solid fencing is used for fencing on common lots.
4.2 The applicant shall submit a revised landscape plan for the commercial areas, which uses
walkways and landscaping to direct visitors to the main entrance and away from private areas.
4.3 The proposed development and/or plat do not offer natural surveillance opportunities of the
public areas. Prior to the Final Plat, the applicant shall meet with the Police Chief andlor
Planning Staff to discuss features that increase visibility, including but not limited to: doors and
windows that look out on the public areas, front porches, and adequate nighttime lighting. The
site plan and/or landscaping plan shall be revised in accord with those discussions.
4.4 The pedestrian access to the proposed clubhouse/community entrance is not well-defined. The
applicant shall submit a revised landscape plan that uses walkway paving materials and
landscaping to alert motorists to the pedestrian traffic.
4.5 The loading areas shall be separated from all public parking areas.
4.6 Please contact the Police Chief for detailed review of any development proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
5. Parks Department
5.1 Ordinance (UDC 11-3B-IO) will be followed.
5.2 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in
accordance with the Meridian Park Department's requirements.
5.3 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect
from one major arterial to another, and either an easement or ownership deed must be granted
before the city will assume the maintenance of any section of pathway.
5.4 Standard Plan for Protection of Existing Trees during Construdion: The standard established in
the City of Meridian Landscape Ordinance (UDC 11-3B-IO.5) will be followed.
6. Sanitary Service Company
6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
7. Ada County Highway District
7.1 Dedicate 45-feet of right-of-way at the east property line that tapers to 57-feet in the first 425-feet
west of the east property line. From 42S-feet west of the east property line to the west property line,
the applicant should dedicate 57-feet of right-of.way from the centerline ofFranldin Road. abutting
the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must
be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD
COnmUssion or prior to issuance of a building permit (or other required permits), whichever occurs
fIrst. Allow up to 30 business days to process the right-of-way dedication after receipt of all
requested material. The owner will be paid the fair market value of the right-of-way dedicated which
is an addition to existing ACIID right-of-way if the owner submits a letter of application to the impact
Exhibit B Page 7
fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that
time (currently Ordinance #200), if funds are available.
AND
Provide the District with a road trust deposit in the amount of $13,280.00 for the construction of a 7-
foot wide attached concrete sidewalk.
ill!
Dedicate 45-feet ofrigbt-of.way at the east property line that tapers to the west to 48-feet in the first
425-feet. From 42S-feet west of the east property line to the west property line, the applicant should
dedicate 48.feet ofright~f-way from the centerline of Franklin Road abutting the parcel by means of
a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and
signed by the applicant prior to scheduling the fmal plat for signature by the ACHD Commission or
prior to issuance of a building permit (or other required pennits), whichever occurs first. Allow up to
30 business days to process the right~of-way dedication after receipt of all requested material. The
owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing
ACHD right-of-way ifthe owner submits a letter of application to the impact fee administrator prior
to breaking ground, in accordance with the ACHD Ordinance in effect at that time (CWTently
Ordinance #200), if funds are available.
AND
Construct a S-foot detached concrete sidewalk within an easement to the District. Locate the
sidewalk a minimum of 56-feet from the centerline of Franklin Road.
7.2 Construct Public Road #1 to intersect Franklin Road to directly align (centerline to centerline) with
the driveway on the north side of Franklin Road.
7.3 Construct North Ward Place to intersect Franklin Road approximately l04-feet east ofthe west
property line, as proposed.
7.4 Construct all of the internal roadways within the subdivision as 36-foot street sections with vertical
curb, gutter and 5-foot attached (or 4-foot detached) concrete sidewalks within 50-feet ofright-of-
way. If the applicant is proposing to construct striped on~street parking on Public Road #2 construct
bulb outs at the intersections that provide a minimum of 24-feet (measured back of curb to back of
curb) at the throat of the intersection and construct the bulb outs to provide an inside radius of I8-feet
(minimum).
7.5 Construct a stub street to the west property line approximately 255-feet south of the north property
line to serve the 2.090-acre parcel and the 76.232-acre site to the west, as proposed. Install a sign at
the tenninus of the roadway stating, "this road will be extended in the future."
7.6 Construct a 28-foot wide driveway that intersects Public Road #1 on the west side of the roadway
approximately 120~feet south ofFranldin Road, as proposed.
7.7 Constroct a 12 to 30-foot wide driveway that intersects Public Road #1 on the east side of the
roadway approximately 7S-feet south of Franklin Road. Ensure that a tangent length of SO-feet
(minimum) is met on Public Road #1 before a driveway is constructed.
7.8 Construct a 28.foot wide driveway that intersects North Ward Avenue on the east side of the roadway
approximately l04-feet south of Franklin Road, as proposed.
7.9 Construct a 28-foot wide driveway that intersects North Ward Avenue on the west side of the
roadway approximately 98~feet south of Franklin Road, as proposed.
Exhibit B Page 8
7.10 Construct a private road/service drive (or public road if the City of Meridian would like a public
road) that intersects Public Road #2 at the eastern end of Public Road #2 and extends to the south to
serve Lot 19.
7.11 Construct a private road/service drive (or public road if the City of Meridian would like a public
road) that intersects Public Road #2 at the eastern end of Public Road #2 and extends to the south to
serve Lot 19.
7.12 Construct a 20-foot wide "service road" that extends from the west property line to Public Road
# 1. This service road will function as a private alley, as proposed.
7.13 Franklin Road is classified as a minor arterial. Other than the two public roadways that have
specifically been approved with this application, direct lot access to Franklin Road is prohibited. A
note stating the access restrictions will be required on the final plat.
7.14 Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
7.15 Any existing irrigation facilities shall be relocated outside ofthe right-of-way.
7.16 Private sewer or water systems are prohibited from being located within any ACIID roadway or
right-of-way.
7.17 All utility relocation costs associated with improving street frontages abutting the site shall be
bome by the developer.
7.18 Replace any existing damaged curb, gutter and sidewalk: and any that may be damaged during the
, construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.19 Comply with the District's Tree Planter Width Interim Policy.
7.20 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
7.21 All design and constroction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
7.22 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
7.23 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.24 Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada COWlty Highway District hnpact Fee Ordinance.
Exhibit B Page 9
7.25 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right--of-way. The applicant shall contact ACHD Traffic Operations 387-6190
in the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
7.26 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to obtain
written confirmation of any change from the Ada County Highway District.
7.27 Any change by the applicant in the planned use of the property which is the subject of this
application. shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
Exhibit B Page 10
C. Legal Description
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Projcd No_ 2246
Ol:tobcr 13,2005
FRANKLIN CENTRE. LLC
HARKS CANYON CREEK SVBDIVISION
CC JUrZONE BOlINDAKY DIJ'SCRIPTION
A PARCEL OF LAND IN THE WEST 112 OF lItE NORTHEAST 114 OF THE NORmEAST
114 OF SECIlON 14, T. 3 N.. R.. I W., B.M" ADA COUNlY, mAHO, AND BEINO MORE
,AAnCULAJU. Y DESClUBED AS FOI.LOWS;
COMMENCING AT nm NOR11fBA8T CORNEll OF SAID SECTION 14, llIENCE N
89'"1"11" W ALONG 1lIE NORlH BOUNDARY OF SAID SBC110N 14 AND mE
CENTERLINE OF FRANKLIN ROAD FOB A DISTANCE OF 664.47 FBEr TO 1H2 BAST
BOUNDAR.Y OF nm WPSf 112 OF 1HE NORlHEAST 1/4 OF mE NOKJHEAST 1/4 OF
SAID SECIION 14, THE REAL POINT OF BEGINNING;
1HENCB COl'mNUlNG N 89"13'11" W ALONG SAJD }t(ORnf BOUNDARY AND
CEN11llUJNE FOR A DISI'ANCE OF 664.46 FEET TO nm NOR'IHWEST CORNER Of
me NORlHEAST 114 Of THE NOR.1HBAST 1/4 OF SAID SECI10N 14;
lHENCllS 00"34'18"W ALON01llEWESTBOUNDARYOP1HENOR1lJEAST 1/4 OF
nIB NORnIEAST 1/4 OF SAID SECTION 14, FOR A DISTANce 0' 193.00 FEEI';
lHBNCl! S 8\)<'13'17" E FOR A DISTANCE 0F4S1.16 fEET:
1HBNCE S 00"33'43" W FOR A DlSTANCB OF 261.42 FEET;
1HBNCE S alP) 3 , 17" E FOil A DISTANCE OF 183..34 FEBTTO 1HE lAST BOUNDARY
OFTHB W8ST 112 OF 1MB NOR1HEA8T 1/4 OF 1Hli NORTHEAST IIll OF SAID
SECI'tON 14, ALSO 8BJNG1HE WEST BOUNDARY OF VAN HEBS SUBDMSION;
nIENCIl N 00"33 '43" E ALONG SAID EAST BOUNDARY FOR A DISTANCE OF 460.42
FEEil'TO 1HE REAL POINT Of 8BGINNlNO. CONl'AINlNG 4,01 ~CRES Of LAND,
MOBS OR. LESS.
PREPARED BY; TODD I.. WAITE P.LS.
C:..........VIllHKs (2246~.cIac- I -
Exhibit C Page 1
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PRi;d No. 2246
0I.ltclber- 13, 2005
FRANKLIN CENTRE, LLC
HARKS CANYON CREEK SIJBDJVISION
TN-R REZONE BOUNDARY DESCRIPTION
A PARCEL OF LAND IN nm WEST 112 OF mE NORT'HEAST U4 OF 1HENORlHEAST
1/4 OF SECTION 14, T. 3 N.. R. 1 W.. 8.M" ADA COUNTV, mAUO, AND BEING MORE
pAl.ncULARL Y DtiSCIUBED AS FOUDWS:
COMMENCING AT'IHE NORlHEABI' CORNER OF SAID SE!C110N 14, THENCE N
89"13'17" W ALONG nm NOR1HBOUNDARY OF SAID SscnON 14 AND THE
CENTERLINE Of FKANKUN ROAD FORA DISTANCE OF 13Z8.93 FEET TO 1lJE WEST
80IJNDARY OF nm NORnIP.AST V4 OF 1HE NORllIEAST 114 OF SAJI) SBCIlON J4;
1lIENCE S 00"34'IS"W ALONOSAID WEST BOUNDARY FORA DISTANCE OF 193.00
fEBf TO THE REAL POINT or BEGINNING;
1HENCE CONJ'lNUING S 00"34'18" W ALONG SAID WEST BOUNDARY fOR A
DISTANCE OF 565.64 FEET;
1HBNCE N 75"07'43" E FOIl A DlsrANCE OF 689.45 FEET TO 1HE EAST BOUNDARY
OF nm WBSr 1/2 OllliE NOR.11IEAST 1/4 Of 1HE NORlIIBAST 114 OF SAID
SBCTION 14, ALSO BEING llIE WEST BOllNDARY OF VAN JiBES SUBDIVISION;
1MIlNCEN 00033'43"e ALONOSAID EAST BOUNDARY FORA DISTANCE OF 112.23
FEEl';
nurNCB N 89"13'17" W fOR. A DISTANCE OF 113.34 FBHT;
THENCE N 00"33'4]" E PORA DISTANCE OF 261.42 FPJIT;
UIENCB N 89"13'17' W FOR A DISTANCE OF 411.16 FEET TO ntE REAL POINT OF
BIlOlNNING, CONTAINING 6.08 ACRES Of LAND, MORE OR LESS.
PREPARED BY: TODD It WAfTB PlS
C:~WanKea (2246~dI>>-l'
Exhibit C Page 2
D. Required Findings from Zoning Ordinance
1. Annexation 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:
A. The map amendment complies with the applicable provisions of the comprehensive plan;
The applicant is proposing to zone the subject property to C-C and TN-R. The Council finds that
the proposed zoning map amendment complies with the applicable provisions of the comprehensive
plan. In Chapter vn of the Comprehensive Plan, 'mixed use regional' is defined as areas where
commercial/office and residential uses are transitioned between more intense uses, C-C, is
hannonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map
this is also consistent with the request for a Traditional Neighborhood Residential designation for
the mixed use regional designation as a transitional zone. The density proposed with the
preliminary plats are consistent with previous Commission and Council actions and generally
conforms to the goals, objectives, and action items contained in the Comprehensive Plan for these
transition areas with a request for consistent and transitional densities.
The COlUlcil finds that the proposed zoning is in general conformance with the comprehensive plan
(please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action
items that apply to this development).
B. The Map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Concurrent with the annexation and zoning application, the applicant has submitted a preliminary
plat that proposes single-family attached and detached single family residential products as well as
vertically integrated products on the subject site (PP-OS-OS8). The Council does not anticipate that
the applicant plans to rezone the subject property in the future if the accompanying PP application
is approved. The Council fmds that the office/retail uses would be allowed (permitted) within the
requested c-e district and single family residential (townhouse) uses would be allowed (permitted)
within the TN-R district.
C. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The applicant has submitted elevations for the proposed attached commercial and townhouse units
these units will be designed and constructed to meet similar architecture to the single family
detached residences and approved through the Certificate of Zoning Compliance process. The
Council believes that the design of these single family attached dwelling units will be compatible
with the adjoining uses and transitional in nature to anticipated heavier uses south and west of the
site in the Ten Mile/I-84 Interchange. The Council finds that the proposed development will change
the existing character of the area, which is still largely rural. However, the proposed development is
generally hannonious with the intended character envisioned by the Comprehensive Plan. The
Council does not find that the proposed zoning/uses will not be detrimental to the public health,
safety, or welfare. Further, the Council does not anticipate that the proposed uses will be hazardous
as long as the applicant complies with the conditions contained in Exhibit B and all City Code
provisions. The Commission and Council rely on any oral or written testimony that may be
provided when determining this finding.
D. 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
Exhibit D Page 1
to, school districts; and,
The abutting roadway, Franklin Road is within ACHD's Five Year Work Program or CIP (20-year
plan) for road widening and scheduled for 2010. The applicant will be responsible for the extension
of all utilities necessary to serve this proposed development. This development will be serviceable
by the City of Meridian's sanitary sewer system through future extensions of the sewer and water
lines located in Franklin Road. The site lies on a Major Arterial (Franklin Road) and fumre rights
of way have been determined by the commenting jurisdictions.
Other urban services, such as water, are near to this site and the applicant should be able to extend
such services to the site. The Council fmds that the subject site is proposed for development in a
fashion expected for a transitional region between commercial, industrial and residential uses.
The applicant and/or fumre property owners will be required to pay park and highway impact fees.
ACHD has submitted a staff report with site specific and standard conditions as attached in Exhibit
B7.
On November 10, 2005, a joint agency/department comments meeting was held with
representatives of key service providers to this property. Based on the joint agency/department
meeting and other conunents received from agencies/departments, the Council fwds that except for
immediate sanitary sewer, the public services listed above can be made available to accommodate
the proposed development. The Commission and Council reference any written and/or verbal
testimony submitted by any public service provider, regarding their ability to adequately service
this proj ect.
The Council does not find that there has been a change in the area that dictates that this property
should be rezoned. The Commission and Council rely on staff's analysis, public testimony received
and any comments submitted from any other agencies or departments regarding whether this
property should be annexed. The Council finds that the proposed zoning amendment will not result
in any adverse impact upon the delivery of services by any political subdivision providing services
to this site.
E. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
lithe aoolicant enters into a Develooment Al!Ieement (DA) with the City. the Council finds that the
annexation and zonina of this orooertv to c-c and TN~R would be in the best .inter-est uf the Citv.
2. Preliminary Plat Findings:
In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of
this Title and at least the following:
A. The plat is in conformance with the Comprehensive Plan;
Please see Annexation Findings Item A above.
B. Public services are available or can be made available and are adequate accommodate the
proposed development;
Please see Annexation Findings Items C and D above
c. The plat is in conformance with scheduled public improvements in accord
the City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their cost, the
subdivision will not require the expendimre of capital improvement funds.
Exhibit D Page 2
D. There is public tinancial capability of supporting services for the proposed development;
Please see Exhibit B for comments and conditions from other agencies and departments.
E. The development will Qot be detrimental to the public heath, safety or general welfare; and
The Council is not aware of any health, safety or general welfare problems associated with the
development ofthis subdivision that should be brought to the Council or Commission's attention.
ACID) considers road safety issues in their analysis. The Commission and Council reference any
public testimony that may be presented to detennine whether or not the proposed subdivision may
cause health, safety or environmental problems of which staff is unaware.
F. The development preserves significant natural, scenic or historic features.
The Council is not aware of any natural, scenic or historic features which require preservation. The
applicant will be required to maintain, fence, and improve the waterways which are existing on this
site. Furthermore the applicant shall define with the Parks Department the location of a multiuse
pathway which will further enhance the natural feature of either the Ten Mile Creek.
3. CUP Findings:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following and may approve a conditional use permit if
they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3):
A. That the site is large enough to accommodate the proposed use and aD yards, open
spaces, parking, landscaping and other features as may be required by this ordinance;
The Council fmds that the subj ect property is large enough to accommodate the requested use and
all other required features. The applicant will be required to submit for specific conditional use
permits for projected commercial uses or at a minimum a certificate of zoning compliance ensuring
proper application of the UDC.
B. That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
Please see Am1exation Findings Item A above.
c. That the design, construction, operation, and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not advenely change the essential character of the
same area;
The existing character of the area will, and is, currently changing. However, the Council finds that
the applicant is not proposing to alter the structure or character of the property and the use proposed
is congruent with surrounding uses and uses that have occurred on the property in the past.
D. That the proposed use, if it complies with all conditions of the approval imposed,
will Dot adversely affect other property in the vicinity;
If all Conditions of Approval contained in Exhibit B are complied with, the Council does not
believe that the proposed use will adversely affect other properties in the vicinity.
Exhibit D Page 3
E. That the proposed use will be served adequately by essential public facilities and
services such as highways, street, police, and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of proposed
conditional use shall be able to provide adequately any such services;
The ACHD has submitted conditions of approval for this development as listed in Exhibit B. 7 the
Council feels that the conditions applied in Exhibit B show that proper services can be provided to
the site.
F. That the proposed use will not create excessive additional requirements at public
cost for public facilities and services and will not be detrimental to the economic welfare of
the community;
Please see Annexation Findings Items C and D above
G. That the proposed use will not involve activities or processes, materials, equipment,
and conditions of operation that win be detrimental to any persons, property, or general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
The Council finds that this use will not involve activities, processes, materials, equipment, or
operations that will be detrimental to any persons, property, or the general welfare of any persons or
property in the area. The proposed use should not produce excessive traffic, noise, smoke, fumes,
glare or odors. The Council reconunends that the Commission and Council rely on any and all
public testimony given regarding this fmding.
H. That the proposed use will have vehicular approaches to the property which shall be
so designed as not to create an interference with traffic on surrounding public streets;
The conditions of approval listed in Exhibit B and the ACHD comments have addressed that future
road cOIUlections and roadway extensions sball be designed as not to interfere with the surrounding
public streets.
I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic
or historic: feature considered to be of major importance.
The Council is unaware of any natural or scenic features of major importance on this site and fmds
that no natural or scenic features of major importance will be lost or damaged by approving the
subject application. The Commission and Council reference any public testimony that may be
presented to detennine whether or not the proposed development may result in the destruction, loss
or damage of a natural or scenic feature(s) of importance of which the Council is unaware.
Exhibit D Page 4