Staff ReportSTAFF REPORT Hearing Date: May 7, 2013
TO: Mayor & City Council E IDIAN
FROM: Sonya Wafters, Associate City Planner
208-884-5533 I D A H O
SUBJECT: MDA-13-008 -Twelve Oaks (fka Hark's Canyon Creek Subdivision)
I. SUMMARY DESCRII'TION OF APPLICANT'S REQUEST
The applicant, JLJ, Inc., requests an amendment to the existing development agreement (MDA) for Hark's
Canyon Creek Subdivision. The applicant proposes to update the development plan for the property with a
new concept plan for a mixed use project. See Section IXAnalysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA with the changes shown in Exhibit A.3 and A.4,
attached.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number MDA-13-008 as
presented in the staff report for the hearing date of May 7, 2013, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny MDA-13-008 as presented
during the hearing on May 7, 2013, for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number MDA-13-008 to the hearing date of (insert continued hearing date here) for
the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located at 1845 W. Franklin Road, in the NE'/4 of Section 14, Township 3N.,
Range 1 W.
B. Owner(s):
Franklin Centre, LLC
P.O. BOX 6770
Ketchum, ID 83340
C. Applicant:
JLJ, Inc.
1735 W. Franklin Road, Ste. 145
Meridian, ID 83642
Twelve Oaks MDA-13-008
D. Representative:
James Jewett, JLJ, Inc.
1735 W. Franklin Road, Ste. 145
Meridian, ID 83642
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a development agreement modification. A public hearing is required
before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: April 15, and 29, 2013
C. Radius notices mailed to properties within 300 feet on: April 11, 2013
D. Applicant posted notice on site by: Apri126, 2013
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of undeveloped land that is zoned C-C and TN-R.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: Single-family residential properties
exist to the south of this site, zoned R-4; rural residential/agricultural properties exist to the west and
east; commercial uses exist to the east, zoned C-C; and industrial uses, zoned I-L exist across W.
Franklin Road to the north of the site.
C. History of Previous Actions:
• In 2006, this properly received the following approvals:
- Annexation and Zoning (AZ-OS-056) of 10.15 acres with a C-C zoning district and 6.08 acres
with a TN-R zoning district under the name of Hark's Canyon Creek Subdivision. A
development agreement was approved as a provision of the annexation, recorded as Instrument
No. 106180812;
- Conditional Use Permit (CUP-OS-051) for a mixed use development within 300 feet of a
residential district;
- Preliminary Plat (PP-OS-058) consisting of 29 single-family residential building lots, 7
commercial building lots and 8 common/other lots;
- Alternative Compliance (ALT-06-004) to UDC 11-2B-3 which requires a 25-foot wide
landscape buffer to residential uses in the C-G zoning district to allow a reduced buffer width;
and
- Modification to the pending approved development agreement (MI-06-006) to allow temporary
construction fencing between Lot 5, Block 3 and Lot 19, Block 3, rather than permanent
fencing, to limit public access to the Ten Mile Creek during construction.
• In 2007, this property received the following approvals:
- Private street (PS-07-006) approval of two streets within the subdivision; and
- Final Plat (FP-07-017) consisting of 29 townhome building lots, 7 commercial building lots and
8 common/other lots on 6.29 acres of land in the TN-R and C-C zoning districts.
• In 2008, an 18 month time extension (TE-08-004) on the preliminary plat was approved to obtain
the City Engineer's signature on a final plat.
Twelve Oaks MDA-13-008
• In 2010, another time extension (TE-10-030) on the preliminary plat, for two years, was approved
to obtain the City Engineer's signature on a final plat, which expired on October 25, 2012. A final
plat was not signed by the City Engineer and another time extension was not requested within the
time period allowed under the time extension; therefore, the preliminary plat expired.
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer is currently under construction in Franklin Road.
b. Location of water: Water is currently installed in Franklin Road.
c. Issues or concerns: NA
E. Physical Features:
1. Canals/Ditches Irrigation: There is an irrigation ditch that runs along the northern portion of the
west property boundary and along the western portion of the north property boundary.
2. Hazards: There are no known hazards that exist on this property.
3. Floodplain: This property does not lie within a floodplain.
VII. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The request is to amend the existing Development Agreement (DA) (Instrument No. 106180812), to
allow for a change in the overall development plan for the site. The amendment also includes changes
to the text of the agreement to eliminate the references to the preliminary plat which has expired and the
requirement for detailed conditional use permit (CUP) approval. Because the previous project was
approved under aCUP/planned development with a conceptual development plan, a detailed CUP was
required for all future buildings on the site prior to submittal of any Certificate of Zoning Compliance.
Since that time, the City has adopted design standards and guidelines and detailed CUP approval is no
longer necessary.
The existing conceptual development plan included in the DA depicts a mixed use project consisting of
single-family residential townhomes at a density of 9.8 dwelling units per acre and community business
uses (see Exhibit A.2).
The proposed concept plan depicts multi-family residential (40+/- units), a residential care facility
(35+/- units), single-family residential (12-15 units) and 4 commercial pads with a central open space
area containing a pond (see Exhibit A.3). The commercial portion on the east side of the site will be an
addition to the Hark's Corner commercial project to the east. The proposed plan is consistent with the
Comprehensive Plan Future Land Use Map (FLUM) designation of Medium High-Density Residential
(MHDR) and Mixed Use -Community (MU-C) for this site and the C-C and TN-R zoning districts.
A pedestrian bridge crossing the Ten Mile Creek is also proposed to be constructed off-site to provide
connectivity between the proposed development and the residences in Whitestone Estates subdivision to
the south. Pathways are proposed connecting the park and open space area to the residential and
commercial components of the development.
The single-family portion of the site is proposed to contain 12-15+/- dwelling units and the multi-family
portion of the site is proposed to contain 40+/- dwelling units. The ultimate density will be as allowed
by the TN-R district (8-15 dwelling units per acre). Conceptual building elevations have not been
submitted for these units. Because design review is not required for single-family homes, staff has
advised the applicant to present conceptual elevations to the Council at the hearing to ensure
quality of development.
Twelve Oaks MDA-13-008
The assisted living facility is proposed to consist of 35+/- dwelling units and will require conditional
use permit approval in the C-C district per UDC Table 11-2B-2. Conceptual building elevations have
not been submitted. Design review will be required to ensure quality of development.
The commercial portion of the site is depicted on the concept plan to consist of a two retail pads
consisting of 2,900 and 1,750 square feet (s.f.); a 3,525 s.f. bank; and a 4,500 s.f. dental office. Staff
recommends the building sizes on these pads be allowed a 20% increase or decrease in size. Conceptual
building elevations have not been submitted. Design review will be required to ensure quality of
development.
Two access points via Franklin Road are depicted on the concept plan. When access to a local street is
not available, the UDC (11-3A-3A) requires cross-access/ingress-egress easements to be granted to
adjoining properties. The intent of the standards for access to streets is to combine and/or limit access
points to arterial streets. Therefore, staff recommends the applicant provide across-access/ingress-
egress easement to the properties to the east (Parcel #'s 88956000010 & 88956000200) and west
(Parcel #S 1214120631); extend the public street to the west boundary for future extension to Parcel
#S 1214121120. In lieu of providing an access easement to the east to Parcel 88956000200, the public
street may be extended to the east boundary. Staff also recommends access via W. Franklin Road be
limited to one access point, unless otherwise waived by City Council.
The applicant submitted a copy of the existing DA in strike-out/underline format noting the proposed
changes. Because the amended document will only include the amended conditions of approval, staff
has included only the changes to the document requested by the applicant as amended by staff shown in
Exhibit A.4.
Staff is supportive of the changes to the DA requested by the applicant as amended by staff in Exhibit
A.4.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Existing Conceptual Development Plan
3. Proposed Conceptual Development Plan
4. Proposed Amended Development Agreement
Twelve Oaks MDA-13-008
Exhibit A.1: Vicinity Map
Twelve Oaks MDA-13-008
Exhibit A.2: Existing Conceptual Development Plan (dated: 10/14/05)
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Twelve Oaks MDA-13-008
Exhibit A.3: Proposed Conceptual Development Plan
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Exhibit A.4: Proposed Amended Development Agreement
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning
Ordinance codified as Meridian City Unified Development Code:
Application for a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to
future development in the C-C and TN-R zones, and the pertinent provisions of the City of Meridian
Comprehensive Plan are applicable to this ~''~-"~~ MDA-13-008 application.
4.2 No change in the uses specified in this Agreement shall be allowed without modification of this
Agreement.
DEVELOPMENT nr rnimr~rTntr n t > m>v : "Owner/Developer" has submitted to "City"
a Conceptual Site Plan attached as Exhibit "X", and
shall be required to obtain the "City" approval thereof, for a preliminary and final plat of the subject
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6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
6.1 "Owner/Developer" shall develop the "Property" in accordance with the following special conditions:
That the Owner/Developerwih be responsible for all costs associated with the sewer and water
service extension. Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
2. That all future development of the subject property shall be constructed in accordance with City
of Meridian ordinances in effect at the time of development. All future uses shall not involve
uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors.
The Owner/Developer shall provide a surety agreement for the construction of the a multi-use
pathway through the site from the Ten Mile Creek to W. Franklin Road and pedestrian bridge
across the Ten Mile Creek in accordance to UDC 11-SC
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this development.
4. The Owner/Developer shall coordinate with the Meridian Parks Department and Nampa
Meridian Irrigation District to define the location of the multi-use pathway, bridge
maintenance, and landscaping along the Ten Mile Creek.
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5 The public street depicted on the concept plan for access to the single-family residences at the
southern end of the site shall extend to the west property boundary for future extension. -
6 Across-access/ingress-egress easement to the pro-perties to the east (Parcel #'s 88956000010 &
88956000200) and west (Parcel #51214120661) shall be provided prior issuance of any
buildingpermits for the site In lieu of an easement to the east to Parcel # 88956000200, the
public street may be extended to the east boundary.
6 Access to the site via W. Franklin Road is limited to one access point unless otherwise waived
by City Council in accord with UDC 11-3A-3A.
7 The commercial portion of the site is d~icted on the concept plan to consist of a two retail pads
consisting of 2 900 and 1 750 square feet (s f )• a 3 525 s f bank• and a 4 500 s.f. dental office.
In determining consistency with the concert plan building, sizes on these pads shall be allowed
a 20% increase or decrease in size.
8 Development of the single-family homes shall be consistent with the conceptual elevations
submitted at the Council hearin,~and included as Exhibit "X".
Twelve Oaks MDA-13-008 10