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Silver Oaks DA AZ 05-016ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 50 BOISE IDAHO 01106106 10:00 AM RECORDED—DEPUTY Rnie REQUEST �OFO III I I IIIIIII I IIIII IIIIII IIIIII IIII III Meridian City 106002636 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Charter Builders, Inc., Owners/Developers THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this -/9W day of AEC Ct , 2005, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and Charter Builders, Inc., hereinafter called "OWNERS/DEVELOPERS". RECITALS: 1.1 WHEREAS, "OWNERS/DEVELOPERS" are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the "Owners/Developers" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, "Owners/Developers" have submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-15) Medium High Density Residential District and (L -O) Limited Office, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owners/Developers" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the DEVELOPMENT AGREEMENT (AZ 05-016) SILVER OAKS SUBDIVISION PAGE 1 OF 10 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 11°i day of October, 2005, 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 "Owners/Developers" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNERS/DEVELOPER" deem it to be in their best interest to be able to enter into this Agreement and acknowledge that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, "City" requires the "Owners/Developers" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals 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: DEVELOPMENT AGREEMENT (AZ 05-016) SILVER OAKS SUBDIVISION PAGE 2 OF 10 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNERS/DEVELOPERS": means and refers to Charter Builders, Inc., whose address is 405 S. 8`h Street, Suite # 290, Boise, Idaho 83702, the party developing said "Property" and shall include any subsequent 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 R-15 (Medium High Density Residential) and L -O (Limited Office) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (E & G) which are herein specified as follows: Construction and development of either conditional use permit or a planned development application shall be submitted to the City of Meridian prior to a future development in the R-15 and L -O zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 05-016 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owners/ Developers" have submitted to "City" an application for conditional use permit site plan dated March 14, 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. DEVELOPMENT AGREEMENT (AZ 05-016) SILVER OAKS SUBDIVISION PAGE 3 OF 10 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Owners/Developers" shall develop the "Property" in accordance with the following special conditions: 1. That the applicant will be responsible for all costs associated with the sewer and water main line extension from the sewer main office to the property boundaries. However, applicant may request that the City enter into an agreement with the applicant such that all or a portion of the costs of extending the sewer and water lines will be reimbursed, in compliance with Meridian City Code Sections 9-1-13 and Section 9-4-19. 2. 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. 3. 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. 4. That the applicant shall be responsible for all costs associated with piping the Kennedy Lateral, unless specifically waived by Nampa Meridian Irrigation District. 5. The applicant shall provide construction materials similar to wainscoting, brick, or cultured stone to provide architectural appeal to the front of the buildings. 6. The applicant shall provide additional modulation to the buildings to provide additional building relief. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owners/Developers" or "Owners/Developers" 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. DEVELOPMENT AGREEMENT (AZ 05-016) SILVER OAKS SUBDIVISION PAGE 4 OF 10 8. CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owners/Developers" 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 "Owners/Developer" and if the "Owners/Developers" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owners/Developers" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owners/Developers", "Owners'/Developers"' 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 terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owners/Developers" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owners/Developers" cost, and submit proof of such recording to "Owners/Developers", prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning DEVELOPMENT AGREEMENT (AZ 05-016) SILVER OAKS SUBDIVISION PAGE 5 OF 10 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 "Owners/Developers", 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 "Owners/Developers" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non - breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owners/Developers" 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 § 12-5-3, to insure that installation of the improvements, which the "Owners/Developers" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ 05-016) SILVER OAKS SUBDIVISION PAGE 6 OF 10 15. CERTIFICATE OF OCCUPANCY: The "Owners/Developers" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owners/Developers" 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 "Owners/Developers" 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 Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNERS/DEVELOPERS: c/o City Engineer CHARTER BUILDERS, Inc. City of Meridian 405S.8 1h Street, Suite 290 33 E. Idaho Ave. Boise, Idaho 83702 Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 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 DEVELOPMENT AGREEMENT (AZ 05-016) SILVER OAKS SUBDIVISION PAGE 7 OF 10 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 "Owners/Developers" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owners/Developers", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owners/Developers" 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 "Owners/Developers" 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 "Owners/Developers" 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 DEVELOPMENT AGREEMENT (AZ 05-016) SILVER OAKS SUBDIVISION PAGE 8 OF 10 hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 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. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPERS: Charter Builders, Inc. CITY OF MERIDIAN Attest:Ian, Dna- �A p nL CITY CLERK '�;��„� u T 181 •1 .�� _ 00UNT (, �5 DEVELOPMENT AGREEMENT (AZ 05-016) SILVER OAKS SUBDIVISION PAGE 9 OF 10 STATE OF IDAHO, ) ss: County of Ada, On this 11""day of !Z�2 exy 2� , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared r _lamr0.Q.�• tT Neo , on behalf of Charter Builders, Inc., known or identified to me to be the Pte--- wk of said corporation, who executed the instrument on behalf of said corporation, 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. W1, 1,OTAR'J fna -a&, :j? Llc OF ID N.O STATE OF IDAHO ) Mary Public for Idaho siding at. '— My Commission Expires: l 2 : ss County of Ada ) On this day of JCMU,9Uz 1 200 before me, a Notary (a ro� } Y/ Public, personally appeared Tammy de Weer6 and Wi+iawrG-. $erg ., cnow or identifie �J to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the 6 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 day and year in this certificate first above written. Notary Public for Idaho( Residing at: nU al '� Commission expires: /D /�-- // 6) SILVER OAKS SUBDIVISION PAGE 10 OF 10 EXHIBIT A Silver Oak Subdivision AZ -05-016 Legal Description EXHIBIT A Legal Description for -ran 6iile Development, I,LC. Franklin Four-Ples Residential Site A parcel of land being a portion of the W1!2 of the SL U4 and the F.1/2 of the SW L`4 of Section 10, Township 3 North, Range I West, Boise Meridian, Ada County. Idaho, and more particularly described as follows. Commencing ata 5/8 me It rebar nmrkmg the SE Croner of said Section 10, thence along the South line of said Section 11), also being the centerline of Franklin Road, N89"4(1'29"W a disnmce of 170852 feet 10'a 1/2 inchrebar, and from which a brass cap marking the SW Comer of [tie SEI14 of said Section to bears N89"40'29"W a distance of 932.05 feat, thence leaving said South line N00"09'31"E a distance of 25.00 feet to a point in Elie centerline of the Kennedy Lateral, thence meandering along the centerline of said Kemtedy Lateral N42"(13'29"W a disumcc of 300.00 feet to a point, thence N41"I i'29^GV a distance of 190.55 feet to a point beim, the POINT OF Dhence -ING: Thence continuing alone said centerline N41"15'29"W a distance of 109.41 feet to a point; Thence N39"06'29"W a distance of 490.00 feet to a point; Thence N32"46'29"W a distance ofCR2i feet to a point on Tthe West line of said SElt4; Thence N32"46'29"W a distance of 280.75 feet to a point; Thence N43"22'29"W a distance of 9957 feel to a point; Thence leaving said cenlertme of the Kennedy Lea ... I NOCI"13'01 "E it distance of 87.61 feet (I'otmerly N00"09'31 "E a distance of 88.02 feet) to a 518 inch rebar on the South right -or -way line of the Union Pacific Railroad; Thence along said South right-of-way line S88 -52'53-j-,, (formerly S88"51'50"E) a distance of 1330.73 feet to -a 518 inch call, Thence leaving said Scuth ri'll"E'-way line S01"08'10"W a distance of 1104.39 feet to a point, Thence N89"091TV a distance of 396.27 feet to a point; Thence S48"48'45"W a distance of 118.96 feet to the POLN'l OF BEGINNING; Said parcel contains 1,094,087 square feet or 25.12 acres, more or less and is subject to all existing easements and rights -of -ways of record or implied. Silver Oak Subdivision Exhibit A EXHIBIT A Legal Description for Ten Mile Development, LLC. Franklin Fom' plea Commercial Site A parceln land I md being a portion of the North, RanR' I,? of the SFI,4 of Section 10, Township 3 described as followws: o,t, Boise Meridian, Ada County, Idaho, and more particularly Commencing at a 51S inch reban marklne the SE Comer of said Section 10, thence along the South line of said Section 10, also being the centerline of Franklin Road, N89"40'29 -W a distance of 1558.52 feet to a 518 inch rebar being the POINT OF BEGINN[NO, and from which a (crass cap marking the SIV Corner of the Section 10 beams N89°40'29"W a distance of 1082.05 feet; SF.1/4 of said Thcoce continuing alone said South line N89°40'29"W a distance of 150,00 feet to a I!2 inch rebar; "Thence leaving said South line N00`09'31 "E a distance of 25,00 feel to a 4te centerline of the Kennedy Lateral; point in Thence meandering along the centerline of said Kennedy Lateral the following courses and distances: "I'hence N42"03'29"W a distance of 300,00 feat to a point; Thence N41 °15'29" W a distance of 190.55 feet to a point; 10 it pon Thence Aleaving the centerlvne of said Kennedy45" G t, Lateral N48°48'a distance of 118.96 8 Thence S89°09' 17"E a distance of 39627 to a point; Thence SOl -08'1 (J-W a distance of 464.42 feet to the POINTOF BEOINNING_ Said parcel contains approximately 113171 1 square feet or 3.53 acres, more or less and is subject to all exisline easements and rights -of -ways ofrecord or implied. Silver Oak Subdivision Exhibit A In the matter of a request for Annexation and Zoning of 28.6 Acres from RUT (Ada County) to R-15 (Medium -High Density Residential) and L -O (Limited Office), (File No. AZ -05-016) and a Preliminary Plat of one (1) multi -family lot, and one (1) commercial office lot, (File No. PP -05-023) and a Conditional Use Permit for a Planned Development consisting of 70 multi -family structures on a single lot with a private clubhouse/park and multiuse pathways with no minimum lot frontages for the L -O commercial daycare/office buildings (File No. CUP -05-026) by Ten -Mile Development, LLC For the City Council Hearing Date of: October 11, 2005 A. Findings of Fact Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said healing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the October 11, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). C. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-0161 PP -05-023 I CUP -05-024- PAGE 1 of 5 Application and Property Facts a. In addition to -the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Ten -Mile Development, LLC, Graye H. Wolfe, Sr, - Manager. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits G, H, and I for the findings required for these applications. B. Conclusions of Law I. 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 Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 11-17-9. 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 and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated June 26, 2005 as shown in Exhibit B, the Planned Development Site Plan dated August 17, 2005 as shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the CUP/PD Site Specific and Standard Conditions as shown in Exhibit F. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-0161 PP -05-023 I CUP -05-024- PAGE 2 of 5 r" Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated June 26, 2005 is hereby conditionally approved; The applicant's Site Plan as evidenced by having submitted the Site Plan dated August 17, 2005 is hereby conditionally approved; and, The Site Specific and Standard Conditions are as shown in Exhibits E and F. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use pen -nit shall be valid for a maximum period Of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event thal the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.13.) 2. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.13 & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-0161 PP -05-023 I CUP -05-024- PAGE 3 of 5 concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, 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 permit 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. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Approved Site Plan (with conditions) Exhibit D: Annexation and Zoning Comments Exhibit E: Preliminary Plat Site Specific and Standard Conditions Exhibit F: CUP/PD Site Specific and Standard Conditions Exhibit G: Zoning Amendment Findings Exhibit H: Preliminary Plat Findings Exhibit I: CUP/PD Findings By action of the City Council at its regular meeting held on the / �� da of dG%,� , 2005. ( y COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED_#;(- - VOTED A4'i VOTED VOTED_Yik7— VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-0161 PP -05-023 I CUP -05-024- PAGE 4 of 5 Mayor Attest: I. ram G. Berg, Jr., City Clejk 9 gt'd�{T 13T y� <%) Copy served upon Applicant, The Plannin a �'�,``sN g1e��t'$ment, Public Works Department rano ml% and City Attorney. ` By.- ,Sh aA M -�_ Dated: Iii"�7"OS City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -OS -016 / PP -05-023 / CUP -05-024- PAGE 5 of 5 xj R�z fi (1'IG�1�19 'v STAFF SUMMARY d d OF PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL Transmittal Date: October 6, 2005 Project Name: Silver Oaks Subdivision Case No(s): AZ-05-016/PP-05-023/CUP-05-026 Applicant: Ten -Mile Development, LLC P&Z Commission Hearing Date(s): June 16, 2005 — Recommendation for approval City Council Hearing Dates: July 26, 2005 — Motion for Denial August 16, 2005 — Request for reconsideration September 20, 2005 — Motion for Approval October 11, 2005- Findings prepared Silver Oaks Subdivision Annexation and Zoning of 28.6 Acres from RUT (Ada County) to R-15 (Medium -High Density Residential) and L -O (Limited Office), by Ten -Mile Development, LLC. (File No. AZ -05-016) Preliminary Plat Approval of one (1) Multi -Family Building Lots, and one (1) commercial office lot, by Ten -Mile Development, LLC. (File No. PP -05-023) Conditional Use Permit Approval for a Planned Development consisting of 70 multi -family structures on a single lot with a Private Clubhouse/Park and multiuse pathways with no Minimum Lot Frontages for the L -O commercial daycare/office buildings by Ten -Mile Development, LLC (File No. CUP -05-026) Recommendation: Approve with conditions A. Summary of Public Hearing: 1. In favor: Dave McKinnon, Conger Management (Agent) 2. In opposition: None 3. Commenting: 4. Staff presenting application: Joseph Guenther, Associate City Planner 5. Other staff commenting: Bruce Freckleton, Development Services Manager Ted Baird, City of Meridian Legal Council Brad Hawkins -Clark, Principle City Planner B. Key Issues of Discussion by Commission: I. Allowing a private street or a public street for proposed Silver Oak Circle. 2. Vehicular circulation for Daycare 3. Cross access from Church site and storage site through the private road system 4. Addressing of units 5. Parking and landscaping of units 6. Lease units or file a condominium plat for individual ownership of each unit 7. Pedestrian accessibility from common area to multi -family units 8. Overall traffic circulation for mid block on Franklin Road 9. Kennedy Lateral status and feasibility of bridging the public road to the west. C. Key Commission Changes to Staff Recommendation: The Conunission made several minor changes to the staff report at staff's recommendation. • That the park's department conditions of approval 1-3 be removed. Conditions 1-3 were applied to the staff report but do not apply to this site. • The planning commission also required a revised preliminary plat/ CUP to provide a connection across the Kennedy Lateral as agreed to by the applicant and set forth as a condition within ACHD conditions of approval. • There were some minor clarifications made to the landscaping conditions under the preliminary plat site specific conditions. • Public Works asked for a clarification condition in the Development Agreement that the applicant agree to pay for all sewer main line extensions to the property in addition to service extensions on the property. See St9ke and bold type in Exhibit E (Preliminary Plat) for changes D. Key Council Changes to Commission Recommendation: The Council made several minor changes to the staff report and Commission recommendation at the September 20, 2005 meeting. Staff has prepared findings to address the modifications made to the Conditional Use site plan dated August 17, 2005 as attached in Exhibit C with the comments made during the Council hearings. The revised site plan includes a request amendment to change the number of units fiorn Seventy-seven (77) to Seventy (70). The following conditions of approval were included with the findings and Exhibits D and F as attached. The applicant shall provide construction materials similar to wainscoting, brick, or cultured stone to provide architectural appeal to the front of the buildings. The applicant shall provide additional modulation to the buildings to provide additional building relief. E. Outstanding Issue(s) for City Council as of October 11, 2005: None. F. Preliminary/Final Plat 1. Date of Revised Preliminary Plat: 6-22-05 2. Date of Site Plan: 8-17-05 3. Date of Landscape Plan: 3-11-05 G. Recommended Conditions of Approval (by Commission, if applicable) See attached Exhibits D, E and F Silver Oak Subdivision AZ -05-016 Legal Description EXHIBIT A Legal Description Int Ten `\file Development, LLC, Franklin Pour-Plec Residential Site .A parcel of land being a portion of the U'1» of file SF114 and the F 172 of the SWIf4 of Section I0,'fownship 3 North, Range I tVest, Boise Meridian, Ada County, Idaho, and more paaicularl}- described as follows C-onuuengng at ,t 5t8 inch rebar narking the SE Center of said Section 10, thence along the South line of said Section 10, also beim the centerline of Fratdclm Road. N89"40'29"W a distance of 1708.52 feet to a 1/2 inch rebar, and from which a hrass cap marking the SW Center of the SE 114 of said Section 10 bears N89"40'29"W a distance of 932.05 feet, thence leaving said South line No0°09'31 "E a distance of 2$.00 feet to a point in (he centerline of the Kennedy I aleral, thence meandering along the centerline of said Kennedy Lateral N42"03 '29-1& a distance of 300.00 feet to a point, thence N41"I5'29^W it distance of 190.55 feel to a point being the POINT OF BEGINNING: I hen point<'e continuing along said centerline 1141"15'29"N` a distance of 109-45 feet to a point; Thcncc N39°06'29"W a distance of 490.00 feet to a point; Thence N32°46'29"W a distance of 409,25 feet to a Point on the West line of said SEI/4; Thence N32°46'29"W a distance of 280.75 feet to a point, T knee N43"22'29 -W a distance of 99"57 feet to a point; Thcncc leaving said centerline of the Kennedy Lateral N00ol 3'01 "E a distance of 87,61 feet (Ibmterly N0"09'31 "E a distance of 8802 fact) to it 5/8 inch rebar on the Scott, right-of-way line of the Union Pacific Railroad: (hence along said South right-of-way fine SS 5273"E (formerly SSS°51'i0"F) a distance of 1330.73 feet to a Sl8 inch rebar: "!'hence leaving said South right-of-way tin Point, t S0100810"W 10"W a distance of 110439 feet to a Thence 1`189"09'17"W a distance of 39627 feet to a point; "Thence S48"48'45"W a distance of 118.96 feet to the POINT OF BEGINNING; Said parcel contains 1,094,087 square feet or 25.12 acres, more or less and is subject to all existing easements and rights -of -ways of record or implied. Silver Oak Subdivision Exhibit A F'Xi Brr A Legal Description for "ren Mile Development, LLC'. Franklin Four -ilex € ommercial Site A parcel of land being a portion of the tS'U'2 of the SF]/4 of Section 10, 1'awnsitip 3 North, Range 1 West, Boise Merldtan, described as foftows: Ada County, Idaho, and more particularly Commend¢"' al a 5,8 inch rebar marking the SE Cotner of said Section If), thence along the South line of said Section 10, also being the centerline of Franklin Road, N89"40'29"W a distance of 1558.52 feet to a 58 inch rebar being the PONT OF BEGINNING, and from which a brass cap marking the SW Comer of the SF.I,4 of said Section 10 bears N89°40'29"W a distance of 1082.05 feet; Thence continuing along said South lint N89°40'29"W a distance of 150.00 feet to a I/3 inch rebar; Thence leaving said South line No0°09'21"E a distance of 2._00 feel to a point in (lie of the Kennedy Lateral; 'Thence meandering along the centerline of said Kennedy Lateral the followine courses and distances: 'Thence N42°03'29"b1+ a distance of 300.00 feet to it point; Thence N4 P] 5'29-W a distance of 190.55 feet to a point; Thence leaving the centerline of said Kennedy Lateral N48°48'45"E a distance of 118.96 to it point, Thence S89"09'1 7E a distance of 396.27 to a point, Thence So ['(J8'1 0"W a distance of 464.42 feet to the POINT OF BEGINNING, Said parcel contains approximately 153,711 square feet or 3.53 , subject to all existing casements and tigacresmore or less and is hts-of ways of record or implied. Silver Oak Subdivision Exhibit A Silver Oak Subdivision PP -05-023 Silver Oak Subdivision Exhibit B EXHIBIT C Silver Oak Subdivision CUP -05-024 Approved Site Plan, August P7, 2005 REC1114111VE11, , SI 1 t 9 20013 j ----§IIVER OAKS SUBDIVISION Silver Oak Subdivision Exhibit C Silver Oak Subdivision AZ -05-016 Annexation and Zoning Comments ANEXATION & ZONING COMMENTS 1. The annexation legal description submitted with the application (stamped by Hugh Edwards, PLS 3/14/05) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 3. A Development Agreement (DA) will be required as part of an annexation of this property. Prior to the annexation ordinance approval, a DA shall 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 888-4433 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 main line extension from the sewer main offsite to the property boundaries. • 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 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. • That the applicant shall be responsible for all costs associated with piping the Kennedy Lateral, unless otherwise specifically waived by Nampa Meridian Irrigation District. • The applicant shall provide construction materials similar to wainscoting, brick, or cultured stone to provide architectural appeal to the front of the buildings. • The applicant shall provide additional modulation to the buildings to provide additional building relief. Silver Oak Subdivision Exhibit D EXHIBIT E Silver Oak Subdivision PP -05-023 Preliminary Plat Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS—PRELIMINARY PLAT 1. The preliminary plat prepared by Insite Architects, dated .lune 22, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ -05-016) and Conditional Use Permit (CUP -05-024) and Development Agreement shall also be considered conditions of the Preliminary Plat (PP -05-023). 2. The submitted landscape plan prepared by South Architecture, Inc., dated 3-11-05 labled L1.0 is approved as submitted with changes. The following should be included in a revised landscape plan: • Depict and construct a 10 -foot wide gravel shoulder on Franklin Road abutting the site, with the remaining portion of the right-of-way being landscaped with lawn or other vegetative groundcover. • Depict and construct a 10 -foot wide landscape strip along the local public street (Silver Oaks Circle) between Lots I and 2 with the remaining portion of the right-of-way being landscaped with lawn or other vegetative groundcover. • Depict and construct a 20 -foot wide landscape strip along the public collector street (Silver Oaks Drive) between Lotl and the property to the east with the remaining portion of the right-of-way being landscaped with lawn or other vegetative groundcover. • All areas being counted toward the open space requirement shall be free of "wet ponds" or other such nuisances. All stonnwater detention facilities incorporated into the required open space are subject to Ordinance 12-13- 14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plan. • 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. Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 3. Revise the preliminary plat and site plan to indicate the means and location of the stone drainage facilities. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all private roads and off-street parking areas. Storm water Silver Oak Subdivision Exhibit E treatment and disposal shall be designed in accordance with Department of Envirormrental - Quality 1997 publication Catalog of Storer Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving steam 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 Injection Wells. 4. 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 MCC 12-4-13, unless otherwise approved by Nampa and 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. 5. The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressurized irrigation system within this development. Underground Year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant shall 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 shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 6. A detailed fencing plan shall be submitted upon application of the final plat. Fencing along all canals and waterways shall be a minimum of 6' in height and constructed of non-combustible materials as to not interfere with regular maintenance of ditches and waterways by Nampa Meridian Irrigation District. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building permits. All fences shall taper down to 3 -feet maximum within 20 feet of all right- of-way. All fencing shall be installed in accordance with MCC 12-4-10. 7. Maintenance of all common areas shall be the responsibility of the Silver Oaks Homeowners' Association. 8. This proposed development is currently not serviceable by the City of Meridian's sewer system. This proposed development is master planned to sewer to the Black Cat Trunk via extensions of sewer main through Chesterfield Subdivision. Chesterfield is not currently under construction therefore proceeding through the approval process is strictly the risk of the applicant. The City of Meridian does Silver Oak Subdivision Exhibit E not guarantee sewer service within the development time limitations outlined in Meridian City Ordinance. The applicant shall be responsible to install sewer mains to and through this proposed development thereby making them available to neighboring properties. The applicant shall coordinate main sizing and routing with City of Meridian Public Works Department, and execute City of Meridian's standard forms of easement for any mains that at are required to provide service. The preliminary site plan shows the Black Cat trunk running 12 -foot off of the eastern property boundary of this development. The master sewer plan, which Chesterfield has complied with, shows this main 20 -foot off of the property line. The applicant shall align the sewer hunk to conform to the master plan. 9. All water and sewer mains that are not in the ACHD right-of-way shall be centered in a 20 -foot wide easement. Said easement shall be free of any large landscaping or fixed vertical objects 10. Municipal water to this site shall be via extensions from existing mains in Franklin Road and future mains in the Chesterfield Development from the north. Applicant shall be responsible to construct water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 11. Other than the public street access approved by ACHD, direct lot access to Franklin Road is prohibited. A note shall be placed on the final plat restricting access to Franklin Road. GENERAL REQUIREMENTS—PRELIMINARY PLAT 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. Silver Oak Subdivision Exhibit E 6. Two -hundred -fifty and one -hundred -watt, high-pressure sodium streetlights will 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 determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 7. 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. 8. The applicant shall coordinate mailbox locations with the Meridian Post Office. 9. Any existing domestic wells and/or septic systems within this project will have to be removed from their 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. 10. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 11. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 12. 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. 13. The applicant shall be responsible for application and compliance with any NPDES Permitting that may be required by the Environmental Protection Agency. 14. The applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100 -year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall no exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field Silver Oak Subdivision Exhibit E studies determining the groundwater, soil type and characteristics during the design and construction phases. 16. The applicant's engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of erawlspaces is at least 1 -foot above said elevation. 17. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility to] - compliance. 18. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. OTHER AGENCY/DEPARTMENT COMMENTS & CONDITIONS MERIDIAN FIRE DEPARTMENT I. 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. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" 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 corners when spacing pen -nits. 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 of the IFC Section 509.5. 3. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. Silver Oak Subdivision Exhibit E 5. All common 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. 6. Provide a 24' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 7. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 8. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 9. Operational fire hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 10. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The applicant shall provide a stub street to the property to the west and north. The two entrances should be separated by no less than %2 the diagonal measurement of the full development. 11. Building setbacks shall be per the International Building Code for one and two story construction. 12. 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 side. These measurements shall be based on the face of curb dimension. 13. Connmercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 14. The proposed multi -family lot has an estimated 308 units with a total estimated population of 894 residents at build out The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 15. 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 Silver Oak Subdivision Exhibit E 16. Maintain a separation of 5' from the building to the dumpster enclosure. 17. Provide a Knoxbox entry system for the complex prior to occupancy. 18. The first digit of the Apartment/Gffice Suite shall correspond to the floor level. 19. The applicant shall work with Plarming Department staff to provide a named private sheet address identification plan including a pylon/mommnent sign at the required intersection(s). 20. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 21. Provide exterior egress lighting as required by the International Building & Fire Codes. 22. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 in) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire 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). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 in). b. 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 in). 23. All Daycare's with 7 or more children must pass an inspection using the criteria of the Idaho State Fire Marshal. If the applicant has concerns about meeting the State Fire Marshal criteria an inspection will be completed at a cost of $20. 24. There shall be a fire hydrant within 100' of all fire department connections. 25. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D105. 26. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project as soon as possible. MERIDIAN PARKS DEPARTMENT Silver Oak Subdivision Exhibit E 4. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. MERIDIAN POLICE DEPARTMENT 1. The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or 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. 2. To increase emergency access to the site, the applicant shall provide a stub street to the property to the (west/ north). Prior to the next public hearing, the applicant shall submit a revised plat/site plan to reflect this requirement. 3. The proposed multi -family development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 4. Any interior fencing shall allow visibility fi-om the street or shall not exceed four feet in height if solid fencing is used. Silver Oak Subdivision Exhibit E 5. 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. 6. The proposed landscaping creates a hiding spot near building units 21 and 22. The applicant shall submit a revised landscaping plan that affords greater visibility of the area from public areas such as a street or panting lot. CENTRAL DISTRICT HEALTH DEPARTMENT I. Run-off is not to create a mosquito breeding problem. 2. Stomiwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. SANITARY SERVICES 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. ADA COUNTY HIGHWAY DISTRICT A. Note to the City of Meridian 1. ACHD would prefer that the proposed north -south public street not extend beyond the first proposed driveway. The site is a network of private roads and driveways, and there does not appear to be a need for a public street beyond that point. If the City of Meridian requires the public roadway to extend to the north property line, as shown on the plans, ACHD will accept that condition. 2. The applicant is not proposing to develop this property with a public street network. If the City does not allow private streets and driveways, the roadways may be public, provided that are designed and constructed to ACHD roadway standards. If the City requires a public street network, then the applicant should construct a stub street to the Kennedy Lateral and should road trust for one-half the cost of a bridge to cross the lateral. B. ACHD Site Specific Conditions of Approval Dedicate 48 -feet of right-of-way from the centerline of Franklin Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale Silver Oak Subdivision Exhibit E agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission 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 ACHD right-of-way. 2. Provide the District with a road trust deposit for the construction of 150 -linear feet of concrete sidewalk ($20.00 per linear foot) and one half of the cost of the pedestrian crossing. 3. Construct a public street that intersects Franklin Road at the east property line, as proposed. 4. Construct the public street located at the east property line as one half of a 40 -foot street section with 24 -feet of pavement with vertical curb, gutter and a 5 -foot attached concrete sidewalk on the west side of the roadway and a 3 -foot gravel shoulder and an adequately sized drainage swale on the east side of the roadway. 5. Construct a 30 -foot wide curb return type driveway that intersects the public roadway approximately 425 -feet north of Franklin Road. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 6. Construct a turnaround at the terminus of the public roadway. Construct the turnaround at the terminus of the public roadway to provide a minimum turning radius of 55 -feet. 7. Construct a center turn lane at the intersection of the public roadway and Franklin Road. Construct the center turn lane to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Construct a westbound right-hand turn lane at the intersection of the public roadway and Franklin Road. Coordinate the design of the taper with District staff. 9. Other than the pubic road that has specifically been approved with this application, direct lot access to Franklin Road is prohibited. A note will be required on the final plat stating the access restrictions to Franklin Road. 10. Comply with all Standard Conditions of Approval. C. ACHD Standard Conditions of Approval Silver Oak Subdivision Exhibit E Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street fiontages abutting the site shall be borne by the developer. 3. 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. 4. 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. 5. All design and construction 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. 6. 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. 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. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 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. 10. No change in the terns 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. Silver Oak Subdivision Exhibit E H. 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 Aighway 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. Silver Oak Subdivision Exhibit E Silver Oak Subdivision CUP -05-024 CUP/PD Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS -CONDITIONAL USE PERMIT 1. The site plan prepared by Insite Architects, dated August 17, 2005, is approved, with the conditions listed herein. Applicant shall meet all of the requirements of the Annexation/Zoning (AZ -05-016) and Preliminary Plat (PP -05-023) as a condition of the Conditional Use Permit (CUP -05-024). The project shall conform to the respective R-15 and L -O dimensional standards, MCC 11-9-1. Construction within Silver Oaks Subdivision shall substantially comply with the elevations submitted by the applicant. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 4. Building materials shall include wainscoting, brick, or cultured stone materials for the building facades. 5. The buildings shall include more modulation to provide additional relief to the building layouts. 6. The applicant shall submit a detailed open space report to classify the open space being applied towards an amenity. Landscaped open space means land exclusive of street rights-of-way and street buffers, except for right-of-way specifically dedicated for landscaping within a subdivision. Since all the open space is independent of lot lines the applicant shall substantially comply with the design as submitted, subject to the conditions of approval contained within this report. 7. Provide common open space that equals or exceeds ten percent of the gross land area for the multi -family portion of the development. 3. Provide each multi -family dwelling unit with at least one hundred square feet of useable private open space. SPECIAL CONSIDERATIONS—CONDITIONAL USE PERMIT 1. Reduced Standards: As stated earlier, the applicant is requesting modifications from standard ordinance requirements for street frontage and number of buildings per lot. Silver Oak Subdivision Exhibit F Lot Frontage: The minimum requested sheet frontage is none. (50 feet is the minimun for the R-15 zone; 30 feet is the minimum for the L -O zone.). The multi -family lot is contained within private accesses and the individual units will be accessed through Common Drives. This lot requires relief from the minimum street fiontage as currently designed with the collector road becoming private approximately 464 feet north of Franklin Road. Staff has conditioned the project to provide a public stub street fi-orn the proposed public road terminus to the west which will provide approximately 400 Feet of frontage to both lots. This will make the request for waiver of lot frontage null, as both lots will receive frontage from the public road extension from the collector road to the ILennedy Lateral. Setbacks: All setbacks should comply with the appropriately zoned district 2. Amenities: MCC 12-6-2.A.3 requires two or more amenities to be provided as part of each planned development. The proposed amenities for the subject planned development include: an extensive open space system for pathways and a large multifamily lot which will contain seventy-seven units (77) with a clubhouse, pool, acid fitness center. The proposed open space makes up greater than 10% of the site, 5% minimum is required and it takes 10% to count open space as an amenity. The applicant is not proposing specific parking for the clubhouse or an internal pedestrian system for access to the clubhouse, the applicant should provide crosswalks to facilitate pedestrian traffic across the parking lot. As proposed, staff believes the proposed clubhouse/pool/fitness center and open space areas provide sufficient amenities relative to the size of the proposed multi- family development. The connnercial portion of the Planned Development proposes no amenities as defined by the applicant; Sheet L1.5 does not show any amenities as required by MCC 12-6-2-3. The commercial portion will be required to provide an appropriate amenity as a part of the planned development. Landscaped open space means land exclusive of street rights-of-way and street buffers, except for right-of-way specifically dedicated for landscaping within a subdivision. The applicant has not calculated the total open space areas which count toward open space. No drainage lots, required street buffers, or canal buffers can be included in this calculation. See Site Specific Condition of Approval # 4. 3. Elevations: The applicant has submitted several front elevation drawings for the proposed dwelling units and commercial buildings. Staff believes that the dwelling units will be compatible with the adjoining uses, if the buildings are constructed as shown on the submitted elevations. Construction within Silver Oaks Subdivision should substantially comply with the elevations submitted by the applicant. Construction materials used on the structures should be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. See Site Specific Condition #3 below. Silver Oak Subdivision Exhibit F Silver Oak Subdivision AZ -05-016 Zoning Amendment Findings According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by City Council: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan Page 95, `High density' is defined as areas including Multi -family homes at densities exceeding eight dwelling units per acre. Staff finds that the requested zoning designation, R-15, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "High Density Residential." The 12.26 dwelling units per acre proposed with the preliminary plat are consistent with previous Coimnission and Council actions and generally conform to the goals, objectives, and action items contained in the Comprehensive Plan for this area. In addition, the applicant's cover letter (dated March 11, 2005) lists several Comprehensive Plan policies, all of which support the annexation and proposed residential use of the property. The Limited Office lot may not comply with the goals and policies of the High Density Residential designation. The applicant has indicated that Meridian City Code allows for a use exception along arterial roads not to exceed 20% of gross area. The Commission and Council actions should take into consideration the allowance of the Limited Office designation lot within the appropriate commercial/mixed use policy, and not located along a commercial corridor. However, staff supports the proposed daycare use and professional office proposal as these uses will be located along an arterial road and will support the primary multi -family use by having services close to residences thereby reducing traffic congestion on nearby roadways reducing air pollution and creating an efficient use of the land Silver Oak Subdivision Exhibit G Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): © "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, beans, etc.)." (Chapter VII, 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 berm with vegetation along Franklin Road. Staff is supportive of these widths, as long as the entire Infer lies outside the ultimate right-of-way, and the sidewalk is located outside of the 25 foot wide buffer (or increase buffer to 40 feet). a "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 II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and alkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The proposal as presented will create an internal system which the will ultimately connect to the regional multi -use pathway system. Staff recommends that the Commission and Council rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether the proposed zone and subsequent development is harmonious with and in accordance with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat and conditional use permit proposing multi -family and commercial lots on the subject site (PP -05-023 & CUP -05-024). Staff does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying CUP/PD and PP applications are approved. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning —for example, a residential area turning into a commercial area by means of conditional use permits; The existing proposal is consistent with the Comprehensive Plan. Staff does not anticipate additional commercial or other uses other than the uses planned for the site. Silver Oak Subdivision Exhibit G D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that a substantial portion of the land to the north has been developed (or approved for development) in a manner harmonious to the proposed subdivision, with single-family dwelling units. Neighboring Ada County parcels are very large lots with heavy agricultural uses. This development is proposing significantly smaller lots, but within the acceptable limits for a high density development bordering a mixed use and industrial area. Black Cat Road is currently being improved and Franklin Road (east of Ten -Mile Road) is currently scheduled within ACHD's Five Year Work Program or Capital Improvements Plan (CII') for roadway widening in 2010. Franklin Road west of Ten -Mile Road is in the planning phases but is currently not funded for construction. This entire development is not currently serviceable by the City of Meridian's sanitary sewer system. The site shall be served by a connection in Chesterfield Subdivision. If this development is approved, it shall be subject to extending the sewer system. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site in cooperation with Meridian Public Works. Staff finds that the subject site is denser than surrounding proposals but provides a housing type which has not been utilized in the immediate vicinity. The overall proposal is consistent for development in a fashion similar to other properties in the area. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant has submitted several front elevations for the proposed multi -family homes and commercial offices. If the homes are constructed in substantial compliance with the submitted elevations, they will be similar in design to other uses in the area. The existing character of the area will, and is, currently changing. However, this is one of the first developments to apply for residential uses south of the Union Pacific Rail Road. This development will set the tone for how the rest of this area, particularly the west, develops or does not develop as High Density Residential. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Silver Oak Subdivision Exhibit G Due to other existing and proposed uses near the site, staff does not anticipate that the proposed zoning/uses will be physically hazardous to future or existing uses or neighbors in the area. The northern property line should be adequately fenced to not allow access to the UPRR property. The Kennedy Lateral should be adequately fenced to not allow access to the open waterway. The Kennedy Lateral should be piped as per MCC 12-4-13 or as waived by the Nampa Meridian Irrigation District. Staff recormnends that the Commission and Council rely on staff analysis, comments from other agencies, and public testimony to determine whether the proposed use will be disturbing or hazardous to the existing neighboring uses and future expected uses in this vicinity. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; If this development is approved, it shall be subject to extending the sewer system. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Water to serve this development is existing or currently under development with Chesterfield Subdivision. The applicant shall be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site storm water drainage facilities. Based on the comments received from other agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. 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; If approved, the developer will be financing the extension of sewer, water, public street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services. Staff finds there will not be excessive additional Silver Oak Subdivision Exhibit G requirements at public cost and this development will not be detrimental to the economic welfare of the conmumity. I. Will the proposed uses 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; Staff recognizes that traffic and noise will increase with the approval of a development on this site; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate that annexation and development in accordance with current city code and the Comprehensive Plan will create excessive noise, smoke, fumes, glare, or odors. Fencing along all canals and waterways shall be a minimum of 6' in height and constructed of non-combustible materials as to not interfere with regular maintenance of ditches and waterways by Nampa Meridian Irrigation District. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one shared public street entrance into the site fi-om Franklin Road and a private street connection to the east with future connection to Ten -Mile Road. The proposed public street entrance to Franklin Road has been proposed to ACHD. ACHD has made several recommendations on the public road system for access to the development. Staff has concerns with the limited public access for the scale of the project. Itis staff's opinion that a public stub street should be provided to the west for future multi -family extensions and to provide public service access to the commercial portions of the project. The public stub street shall tenninate in an approved method by ACHD. The applicant shall also provide cross access to the Avest Property located Northeast of the site. The development agreement for this site was approved by the City of Meridian and requires a secondary access for emergency service. The applicant may also extend the public street at the discretion of ACHD in order to provide the appropriate connection. If all vehicular approaches (streets) are approved and constructed in accordance with ACHD policies, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. Please review any comments from ACHD for this project for additional information regarding this finding. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Silver Oak Subdivision Exhibit G There are many game species in the vicinity which use the Ten -Mile and Kennedy Lateral systems for habitat. These areas will be altered through the development of the site. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine 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 staff is unaware. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? In accordance with the findings listed above, staff finds that the annexation/zoning of this property, as proposed by the applicant, would be in the best interest of the City. Silver Oak Subdivision Exhibit G Silver Oak Subdivision PP -05-023 Preliminary Plat Findings PRELIMINARY PLAT ANALYSIS Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Cormnission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation and Zoning Analysis "A" above. B. The availability of public services to accommodate the proposed development; Please see Annexation and Zoning Analysis "G" above. C. The continuity of the proposed development with the capital improvement program; Because the developer will be required to install sewer, water, and utilities for the development at their cost, staff finds that a development on this property will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; The development will not require major expenditures for providing supporting services. Staff recommends the Commission and Council rely upon comments submitted from the public service providers (i.e. police, fire, ACRD, etc.) to determine this finding. (See finding "G" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) Silver Oak Subdivision Exhibit H E. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention; other than the Kennedy Lateral and Railroad separation issues previously discussed. ACRD considers road safety issues in their analysis. Staff finds the Commission and Council should rely on any public testimony that may be presented to determine whether the proposed use may cause health, safety or environmental problems of which staff are aware. SPECIAL CONSIDERATIONS—PRELIMINARY PLAT 1. Public Streets and Access: The connection to .Franklin Road will be constructed in cooperation with future projects to the east and existing projects to the north via Silver Oak Drive and Silver Oaks Circle. These roads will serve as collector streets in this area and will provide access to Franklin Roads for all parcels in this section. Staff is supportive of a broader collector street design, as it will provide access to future development across Kennedy Lateral and to the north for all parcels in this section the applicant has indicated acceptance of this design if required by the Commission and Council. Staff feels this recommendation is essential as public access to the north is impeded by the UPRR. 2. Right-of-way & Landscape Buffers - Arterial Streets: Staff recommends that the applicant comply with the ACHD's requirements for right-of-way dedication along Franklin Road. Collector Roads: Staff recommends that the applicant comply with staffs recommended public street layout. Landscaping and sidewalks adjacent to Franklin Road should be constructed in compliance with MCC 12-13-10. A 25 -foot wide landscape buffer, located entirely outside of the right-of-way and not including the width of the sidewalk, should be provided along arterial roadways. A 20 -foot wide landscape buffer, located entirely outside of the right-of-way and not including the width of the sidewalk, should be provided along collector roadways. See Site Specific Condition #2 below. 3. Stub Streets: The applicant is not proposing to construct stub streets to adjacent parcels. Staff is supportive of the proposed stub street location across the Kennedy Lateral at an east west location that would bisect the Proposed Lots 1 and 2. 4. Unimproved RighLOOMM Meridian City Code 12-13-10-9 requires a 10 -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 road widening is not in the ACHD Five Silver Oak Subdivision Exhibit H Year Work Program. The remainder of the unimproved right-of-way should be landscaped with lawn or other vegetative groundcover. Franklin Road abutting this site meets the warrants for the 10 -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. See Site Specific Condition #2 below. 5. Internal Streets: The applicant is proposing to construct internal cross access streets located within the proposed lots. These roadways have undefined street sections with 646 residential parking stalls and 55 conunercial parking stalls located along one or both sides of the drive aisle. Staff is supportive of this design as long as the conditions of approval are met and emergency service is not impeded by the parking layout. 7. Piping of Ditches: 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 MCC 12-4-13. Unless otherwise approved by Nampa and 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 camiot be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. See Site Specific Condition #4 below. S. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to 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 shall 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 MCC 12- 13-8 and MCC 9-1-28. See Site Specific Condition #5 below. 9. Fencing: The applicant has proposed to construct fencing around the perimeter of the site. Fencing along all canals and waterways shall be a minimum of 6' in height and constructed of non-combustible materials as to not interfere with regular maintenance of ditches and waterways by Nampa Meridian Irrigation District. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4-101.3). If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with MCC 12-4-10. See Site Specific Condition #6 below. Silver Oak Subdivision Exhibit H 10. Sanitary Sewer The entire development is not currently serviceable by the City of Meridian's sanitary sewer system. The site shall be served by a connection through Chesterfield Subdivision and piped under the UPRR. Proceeding through the approval process is strictly the risk of the applicant. The City of Meridian does not guarantee sewer service within the development tone limitations outlined in Meridian City Ordinance. See Site Specific Condition #8 below. Silver Oak Subdivision Exhibit H EXHIBIT I Silver Oak Subdivision CLIP -05-024 CLIP/PID Findings CONIDITIONAL USE ANALYSIS 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 all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; As part of the Planned Development (PD) the applicant is requesting relief fi-om the standard street frontage requirement and number of buildings per lot, as required by Meridian City Code. See Special Consideration #1 below for detailed analysis. Staff finds that the subject property is large enough to accommodate the requested use and all other required features. Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modify specific development standards. 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; Staff finds that the proposed multi -family residential subdivision, with a gross density of 12.26 dwelling units per acre, is generally harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the site to be "High Density Residential'. Furthermore, the Professional Offices and Daycare can be accommodated as the neighboring land uses are industrial, commercial, and mixed use as well as fitting the zoning use exception standards of the Planned Development (provided the Commission and Council grant the requested planned development). Please see Annexation & Zoning Analysis "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 adversely change the essential character of the same area; Please see Annexation & Zoning Analysis `B" above. Silver Oak Subdivision Exhibit I D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff recommends that the Conunission and Council rely upon public testimony, staffs analysis, and other agency comments when determining if the proposed uses will adversely affect other properties in the vicinity. 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; Please see Annexation & Zoning Analysis "G" and "H" above, the Other Agency/Department Comments and Conditions at the end of this report, and any comments that may be submitted to the City Cleric regarding this project. 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 & Zoning Analysis "H" above. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation and Zoning Analysis "I" above. 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; Please see Annexation & Zoning Analysis "J" above. The Commission and Council should review any comments received from the ACHD provide for this project when determining this finding. 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. Please see Annexation & Zoning Analysis "K" above. Silver Oak Subdivision Exhibit 1