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HomeMy WebLinkAboutTree Farm Subdivision Formal Request for Reconsideration - 3/6/17March 3, 2017 To: Mayor Tammy de Weerd Meridian City Council 33 E. Broadway Avenue Meridian, ID. 83642 From: Michial and Susan Fillman 6550 N Lonicera Way Meridian, ID 83646 Re: Tree Farm Subdivision/ MPP16-00331 H-2016-0128 P*,E.,'CETVED Ci d CLERKS OFFICE This is a rezone and preliminary plat application to allow for the development of a 176 lot subdivision consisting of 161 building lots and 15 common lots on 61.64 acres. The site is located at 4740 W. Chinden Boulevard in Meridian, ID. As residents of SpurWing Greens in Meridian, we submit this request to you for reconsideration of the approval for the above rezoning application as per Idaho Code 67-6535 (local land use planning act). There are deficiencies and omissions in the information provided for the approval of the Tree Farm Subdivision that we wish to bring to your attention. (1) There was inadequate notice provided to the residents of SpurWing Greens. While the letter of the law may have been followed with respect to the mailings received by the owners of 28 properties, the signage posted was poorly placed and thus did not provide the hearing notice required. All were placed on streets or stubbed streets not used by the residents (for example, on Black Cat Road). Additionally, as you will recall we received an unusual amount of snow and not only did it obscure the notices, it certainly inhibited the residents from venturing out so they might accidentally see them. Streets were impassable. We were unaware of the hearings regarding this application. (2) The residents of SpurWing Greens have relied on information from ACHD regarding the maximum number of allowable daily trips through our single entry, that exceeding the maximum would trigger an automatic requirement for the extension of Black Cat Road. We personally attended the November 2 meeting the developer held in an obscure location, in a room too small, with insufficient materials to hand out, and poor visual aids to demonstrate their plans. The residents voiced their concerns that Black Cat Road would need to be improved to handle construction vehicles and the additional daily trips from the new homes as their community sells out. Residents were clear on the expectation that ACHD would require the extension of Black Cat if the average daily trips through Tree Farm Way at Chinden exceeded the maximum allowed for a community with a single access/exit. We asked for the results of their own traffic study and the speaker told us that he did not know the answer. We personally followed up twice by email on this question and had no response. ACHD has been clear that traffic surveys would be taken and that exceeding the threshold of 3000 trips per day would trigger extension of Black Cat. The developer indicated they had no intention of paying for that. As residents of this community, we have relied on the word of ACHD staff and feel a bit betrayed by our own local government. (3) As mentioned, on two occasions, we attempted to reach the "contact" person listed in the notice we received about the November 2 meeting. We received no response. An email address was listed in the meeting notice for questions about the project. We asked to have the email forwarded to the appropriate person if necessary. The emails were ignored. Now that we've seen how this project was fast -tracked to approval following the November 2 meeting, we believe there was a lack of good faith on the part of the developer. Why give us contact information for questions and then never respond? (4) In reviewing the approval for the project, it has been mentioned that there was no holdback required (to be put into a trust) from the developer to contribute toward a future traffic signal for Black Cat at Chinden. Since their development will contribute heavily to that traffic, shouldn't this be part of their financial burden? (5) The traffic entering and leaving SpurWing Greens at the single point of entry has been a continuing issue as the homes continue to sell (quickly we might add) and traffic backups have become a daily problem. Emergency vehicles might find access quite difficult. Backups on Chinden would surely create a problem for emergency vehicles trying to enter the development, and for residents trying to evacuate should the situation arise. Since we already exceed the maximum 3000 trips per day for a single entry, and traffic already backs up to block other streets off at the collector (Tree Farm Way), access for emergency vehicles entering or leaving the community could be problematic. Should there be a bad accident at that intersection with only one lane coming in, there would be an even greater and potentially disastrous problem. (6) Rock Harbor Church has acquired over 20 acres within the community and hopes to begin construction on their new church in February 2018. This will create additional construction traffic in the short term and heavy traffic upon completion. They anticipate two Sunday services generating 275 vehicles per service. That will create an additional strain on the single entrance into SpurWing Greens and exacerbate any issues with emergency vehicles entering or leaving. Traffic will back up on Chinden in both directions, Tree Farm Way and Tree Haven before and after church services. (7) By not adhering to ACHD policy with regard to the 3000 daily trips for our single entrance, we are concerned that approval of this development without requiring the extension of Black Cat will impact our property values. With many other developments available, buyers may be turned off by the congestion in SpurWing Greens and choose to buy elsewhere, which means we will have to reduce our prices in order to sell our homes. We believe this to be an unfair burden on the hundreds of families who chose to live in this Meridian community. We rely on local government to protect our interests as well as the interests of developers. The residents in SpurWing Greens are not opposed to the construction of the new homes in Tree Farm Subdivision. The extension of Black Cat is what we seek. It is my hope that the Meridian City Council will agree that these deficiencies warrant a new public hearing and that the voices of the residents of SpurWing Greens will be heard. Thank you for your consideration. Michial F. Fillman Susan J. Fillman Development Services Department Project/File: Tree Farm Subdivision/ MPP16-0033/ H-2016-0128 This is a rezone and preliminary plat application to allow for the development of a 176 lot subdivision consisting of 161 building lots and 15 common lots on 61.64 acres. The site is located at 4740 W. Chinden Boulevard in Meridian, ID. Lead Agency: City of Meridian Site address: 4740 W. Chinden Boulevard Commission Hearing: January 25, 2016 Regular Agenda Commission Approval: January 25, 2017 Applicant: Mark Tate M3 Companies, LLC 1087 W. River Street, STE 310 Boise, ID 83702 Representative: Kristi Watkins JUB Engineers, Inc. 250 S. Beechwood Avenue, STE 201 Boise, ID 83709 Staff Contact: Mindy Wallace, AICP Phone: 387-6178 E-mail: mwallacegachdidaho.org A. Findings of Fact 1. Description of Application: The applicant is requesting approval of a rezone and preliminary plat application to allow for the development of a 176 lot subdivision consisting of 161 building lots and 15 common lots on 61.64 acres. The City of Meridian's Future Land Use Map calls for medium and low density residential development on this site. 2. Description of Adiacent Surroundina Area: Direction Land Use Zonin North Rural urban transitional Ada Count RUT South Single family residential R-15 East Single family residential R-8 West Single family residential R-8 I I-E-Ri iAN CITY CODE 1-7.10: PROCEDURE FOR REQUEST FOR RECONSIDERATION,- A, ECONSIDERATION,A, .Pursuant to Idaho Code 67-6535 (local land use planning act) regarding a request for consideration of a city council land use decision the following procedure must be strictly followed: 1. whormav be anv apps cantiorr affected persndings of facts, on. asudcfln of �aw, decision, and order i�e.a apelf � , ' i. may vry.:..v K5 pia reconsideration of the final decision of the city council, 2. Such request must be in writing and filed with the city clerk within fourteen (14) days of the final appr€rv.—L 3. The request must identify specific deficiencies in the decision for which reconsideration is sought, 4. If the request is property filed and meets the requirement of ideniiNina sDecific _defictenclec, in III - Land use decision, the city council shall schedule the matter to be heard at a reguiariy scheduled -eetinq of the city council. 6.o _ a ;;i-l+i be provided to appellant when the request will be scheduled to be considered, 6. No additional evidence or testimonv will be allowed at the city council me-"ny �. the city council meeiina, the council shall consider the written request and may affirm, reverse, or mn -,s, i=.� decision, after compliance with the applicable procedural standards. 8. if necessary, the council may aired a new public hearing and alt the procedures and notices that aro necessary will be done prior fo a new pubiic nearinn g. A written decision shall be provided to the appellant within sixty (euj days of The request. (Ord. Ib - 164 -65, 4-26-2016) 0� 61 k ((( q 6'