Twelve Oaks MDA-13-008CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDIAN_--
In the Matter of the Request for an Amendment to the Development Agreement for Twelve Oaks
(FKA Hark's Canyon Creek Subdivision), Located at 1845 W. Franklin Road, by JLJ, Inc.
Case No(s). MDA 13-008
For the Cih~ Council Hearing Date of: May 7, 2013 (Findings on May 22, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 7, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 7, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 7, 2413,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 7, 2013, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 1 1 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 April 19, 2011, Resolution No. 1 1-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
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 ifthe attached conditions ofapproval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
CI"I~Y OF MF,RIDIAN FINDINGS OF FACT. CONCt,USIONS OF LAW AND DF,CISION & ORDF,R
CASE; NO(S). MDA 13-008
1-
That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 7, 2013, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 1 1-~A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for an amendment to the development agreement is hereby approved
per the provisions in the attached Staff Report for the hearing date of May 7, 2013, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner(s) and returned to the City
within two (2) years of the City Council granting the modification (UDC 1 1-SB-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date ofthis decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
Attached: Staff Report for the hearing date of May 7, 2013
CI"I~Y OF MF,RIDIAN FINDINGS OF FAC'T'. CONCt,USIONS OF LAW AND DF,CISION & ORDFR
CASE; NO(S). MDA 13-008
2-
By action of the City Council at its regular meeting held on the ~ Z'`~ day of ,
2013.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED ~C~-
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED
COUNCIL MEMBER DAVID ZAREMBA VOTED
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER) /~,9'~ ~ ,,
I G~~Q~~{~Q/JQ
r Tammy eerd
Attest: `GO¢Garf F`so n o~~sr' 90
I n ^City of
IOA110
Jaycee H6])nan, City Clerk '~ SEAL
~ f~
rfBO~Ide i0.F PSU~
Copy served upon Applicant, The Planning Deparhnent, Public Works Deparhnent and City Attorney.
By: 4~J- Dated: J~~13 ' /3
City Clerk' ffice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA13-008
-3-
EXHIBIT A
STAFF REPORT Hearing Date: May 7, 2013
TO: Mayor& City Council E IDIAN~ ''
FROM: Sonya Wafters, Associate City Planner
208-884-5533
SUBJECT: MDA-13-008 -Twelve Oaks (tka Hark"s Canyon Creek Subdivision)
I. SUMMARY DESCRIPTION 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 IXAnalvsis for mop°e infornnrtion.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA with the changes shown in Exhibit A.3 and A.4,
attached.
The Meridian Citv Council heard this item on Mav 7. 2013. At the public hearing. the
Council approved the subiect MDA request.
i In favor: Jim Jewett. Doug Thompson
ii. In opposition: None
lii, ommenting: Tom Roam: Justin Lucas. ACHD
Written testimony: None
j Staff presenting annlication: Sonya Wafters
yjOther staff commenting on annlication: None
~_ Kev Issues of Discussion by Council:
i. Access to the site via Franklin Road.
~. Kev Council Changes to Staff Recommendation
i Council approved a waiver to UDC 11-3A-3 for a second access to the site via W.
Franklin Road fsee condition #6.1.71:
Because the applicant did not submit new conceptual building elevations for the
proposed single-family residential homes. Council required future development to comply
ith the existing elevations in the DA (see condition #6.1.91.
iii. At the request of Larry Van Hees and the annlicant, cross-access to the Roam
parcel (#R89~60002001 may be provided via the Hark's Corner property to the east of the
iect nroperri• rather than via the subiect nronerri• (see condition #6.1.61.
IIr. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, 1 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, l 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
IwzheOaks MDA-13-008
EXHIBIT A
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 Y4 of Section 14, Township 3N.,
Range 1 W.
B. Owner(s):
Franklin Centre, LLC
P.O. Box 6770
Ketchum, TD 83340
C. Applicant:
JL,I, Inc.
1735 W. Franklin Road, Ste. 145
Meridian, 1D 83642
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 1 1, Chapter 5.
B. Newspaper notifications published on: April 15, and 29, 2013
C. Radius notices mailed to properties within 300 feet on: April 1 1, 2013
D. Applicant posted notice on site by: April 26, 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 properrties
exist to the south of this site, zoned R-4; rural residentiallagricultural 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 property 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-O51) for a mixed use development within 300 feet of a
IwzheOaks MDA-13-008
EXHIBIT A
residential district;
i% Preliminary Plat (PP-OS-058) consisting of 29 single-family residential building lots, 7
commercial building lots and 8 common/other lots;
r% Alternative Compliance (ALT-06-004) to UDC 1 1-2B-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-O6-006) 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 propeiTy 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.
• 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. CanalslDitches 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.
IwzheOaks MDA-13-008
EXHIBIT A
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 Harks 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 coning 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 ofthe development.
The single-family portion ofthe 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.
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 1 1-2B-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
#S1214121120. 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 supporti>>e of the changes to the DA requested by the appliccrrrt as anrerrded by staff in Exhibit
A. ~.
X. EXHIBITS
A. DrawingslOther
IwzheOaks MDA-13-008
EXHIBIT A
1. Vicinity Map
2. Existing Conceptual Development Plan
3. Proposed Conceptual Development Plan
4. Proposed Amended Development Agreement
5. Conceptual Building Elevations for Single-Family Residential (Townhomes)
IwzheOaks MDA-13-008
EXHIBIT A
Exhibit A.1: Vicinity Map
IwzheOaks MDA-13-008
EXHIBIT A
Exhibit A.2: Existing Conceptual Development Plan (dated: 10/14/OS)
IwzheOaks MDA-13-008
i
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EXHIBIT A
Exhibit A.3: Proposed Conceptual Development Plan
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IwzheOaks MDA-13-008 8
EXHIBIT A
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Iwzh'e0aks MDA-13-008 9
EXHIBIT A
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 Cert~ccrte of Zorzirzg Contpliartce shall be sttGztzitted to the City of Meridiaz prior to
ftztzrre development in the C-C and TN-R zones, and the pertizzezzt pros•isions of the City ~f Meridian
C'onzprehensive Plan are applicable to this ,"''-~-;n-'~~ MDA-13-0(J8 application.
4.2 No change in the uses specified in this Agreement shall be allowed without modification of this
Agreement.
5. DEVELOPMENT "`r r'nrrnr~rtn~.r n r , rc~; ~<Owner/Developer"' has submitted to "City" ~'~~°*~~•~ F~~
, 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
rp operty >
~~
b b
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
6.1 "Owner/Developer" shall develop the "Property'" in accordance with the following special conditions:
1. That the OwnerlDeveloperwill 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.
3. The Owner/Developer shall provide a surety agreement for the construction oft-he a multi-use
pathway through the site from the Ten Mile Creek to W. Franklin Road and pedestrian bridge
across the Ten M Ile Creek in accordance to UDC 1 1-SC
'~~•~-~ •~••`~•~ ~`~~'' ` •-' ~` '" °'~~'~ ~' prior to the issuance of the first certificate of occupancy in
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.
3- ,
b
IwzheOaks MDA-13-008 10
EXHIBIT A
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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 bounda~;v for future extension.
6. Across-access/in rg egress easement or a public street stub (as applicable) shall be recorded
to the properties to the east (Parcel #'s 88956000010 & 88956000200) and west (Parcel
#Sl 214120661) prior to issuance of any building permits for the site. br Bear of access being
t~rovided fi~orn the sarbiect properri> to Parcel # R89~6000200. a cross-access/ingress-egress
easement na~~ be gr-arrted instead tln°oargh the Hcn°k's Corner pr°operty (to the east ofthe sarbiec•t
proper•t~~) with the properh% owners consent. br this case, across-access/irr~ress-egrress
easement shall be recorded to Parcel ~ R89.i6000200 along tivitla consent•fcrr a nrirrinrum 20-
,foot ~-vide section of the concrete fence to be r^emovedfor the access to occarr.
7. Access to the site via W. Franklin Road is limited to one access point unless otherwise waived
by City Council in accord with UDC 1 1-3A-3A. Cith Coarncil a~~r•oved a i-vuiver°,for the second
access vicr Franklin Rocrd shown orr the site plan. corrtirr cg,irt a~rpon crp~~rol~crl by ACRD.
8. 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.
In determining consistenceswith the concept plan, building sizes on these pads shall be allowed
a 20% increase or decrease in size.
9. Development of the single-family homes shall be consistent with the conceptual elevations
••'~•N~*~°~' °* *'~°'"°••• °~"~°~•-~•~:: °•~a included as Exhibit "A.5'" unless otherwise modified
through an amendment to this agreement.
IwzheOaks MDA-13-008
EXHIBIT A
5. Conceptual Building Elevations for Single-Family Residential (Townhomes)
lACK66en r Godper Arch%la
AraNtsct~re ~ Urban Des
515 Weal Hays Sireel
Bdse, Idaho A3702
20&.343.7851
IwzheOaks MDA-13-008 12
narks ca~an c~eea
Etner{or materials will be a comhlnation of stutw and stone a brick and stone on ~ C~Il4^CIIIU~! TOwnftous~
street sides, and herdlaerd siding and inkirlor sides end rear t;8 ~'"~