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HomeMy WebLinkAboutShepherd Creek Subdivision MI September 18,2006 MERIDIAN PLANNING & ZONING MEETING M106-004 September 21,2006 APPLICANT Valley Shepherd Church of the Nazarene & Shepherd Creek LLC ITEM NO. 4 REQUEST Continued Public Hearing from August 17,2006: Mofidication to the DA between City of Meridian & Valley Shepherd Church of the Nazarene to allow a residential subdivision & a church on 32.45 acres for Shepherd Creek Subdivision - 2475 S. Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Previous Item Packet I Attached Minutes See Attached Stoff Report I Letter from Anna Canning CITY ATTORNEY CITY POLICE DEPT: /?C&;f!1 ~ Appro we -h,. cje- {!]J CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: 07 -- tJ)yJ NAMPA MERIDIAN IRRIGATION: SETTLERS'IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See Attached Letters from ITDILetter by David Zaremba/Email from Tracy Tatom contacted:cril rtii-:~ Date q (I 9 Phone: 'i<?O.- IfFlS-- Emailed: SchuLt Ld-e veJo.pne.Clf~'{o.h:o'('(i\aff Initials: !:J?_ Materials presented at public meetings shall becorne property of the City of Meridian. "' t t" Bear Creek Homeowners Association 2640 S. Bear Claw Way Meridian, ID 83642 August 9, 2006 Tanuny de Weerd, Mayor City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Dear Mayor de Weerd, Subject: Application MI 06-004 ~ Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC for a Modification of the Development Agreement between the City of Meridian and Valley Shepherd Church of the Nazarene Ibis letter transmits a petition signed by 234 taxpayers, voters, and residents of Bear Creek Subdivision (Bear Creek), located within the city limits of Meridian, Idaho who oppose the above application. These individuals request that you and the City Council give serious consideration to issues involving this development and vote in opposition to the application for Modification of the Development Agreement (MI 06-004) between the City of Meridian and Valley Shepherd Church of the Nazarene for the approval of the application (pP 06-040) for 55 residentia1~ 7 common lots, and 1 additional lot on 32.45 acres for Shepherd Creek Subdivision located at 2475 S. Meridian Road. The proposed development will rely for the most part on the infrastructure of Bear Creek for access to primary roads and to Bear Creek Park; utilizing pedestrian walkways, lighting, and green space which is maintained through fees paid by the Bear Creek Home Owner's Association. We implore you and the Council as our elected officials to consider the following issuesl impacts and address each issue prior to application approval: ISSUES: 1. Access Issues . Vehicular Traffic - The traffic, estimated at 550 vehicle trip~ per day will add significantly more traffic to already congested roads. The burden for most of this traffic will be on Bear Creek roads and will create even more congestion on Stoddard and Overland Roads. These roads are already taxed and soon to be taxed even more when Bear Creek West is completed. . No alternate routes/outletsto primary roads - The development provides no outlet to alternate routes to aid in alleviating congestion in the subdivision and to 1 2. Land Use & Density Meridian Comprehensive Plan denotes the land use for the Church property as Public/Quasi Public (page 97 of June 2006, Meridian Comprehensive Plan). The Comprehensive Plan guidance states: "Redevelopment of this tvue of area is to be l!uided bv the intensity of the existin2! use. the underlvinl! zonina: of the property. the surroundinl!land uses. the location olthe propertv'. and transportation issues associated with the proposed develooment oftbe property. "(Page 106 of June 2006, Meridian Comprehensive Plan) Proposed density is 55 homes on 12 acres or approximately 4.6 homes per acre, doubling the adjacent density of Bear Creek which is approximately 2.6 homes per acre (354 homes on 133 acres). Transportation/access is a key issue - use of Bear Creek roads for access and no proposed direct access to a primary road. A lower density of 3 homes per acre would lessen impacts on traffic and emergency services. The present land use (as shown on page 97 of the Meridian Comprehensive Land Use Plan) of this property is Public/Quasi Public, which would be considered one step lower than the current land use surrounding the site, thus the redevelopment and rezoning should only permit a rezone to low density (one step above public/quasi public. designation as stated in the Meridian Comprehensive Plan). This would be consistent with the lower land use and density of the adjacent Bear Creek neighborhood. I PROPOSED ACTIONS to address Land Use & Density: A. Judiciously apply City of Meridian Comprehensive Land Plan guidance on redevelopment carefully considering the intensity of the existing use, the underlying zoning, the surrounding land use, the location of the property, and transportation issues in the decision making process on the land use for this development. In consideration of this guidance and the adjacent land use, lower the land use/density from 4.6 to 3 homes per acre, consistent with the average overall land use of Bear Creek. 3. LotIHome Values The increased density, small lots, and patio homes negatively impact the values of the residences in Bear Creek. The residents who have purchased homes in Bear Creek have put forth a significant investment, thus paying sizeable taxes to the City of Meridian. Homes in areas with lesser density, parks, and green space are valued higher than homes with high density, and minimal "useable" green space. To maintain property values in Bear Creek the density and related amenities of Shepherds Creek should be consistent and lotslhome values should be equal to or more than those in Bear Creek. I PROPOSED ACTIONS to address LotIHome Values: A. Lower the density of Shepherd's Creek to be consistent with Bear Creek. B. Reconfigure and add "usable" green space 3 Park. Bear Creek Residents should not be expected to bear the burden of providing amenities for the Shepherd's Creek development. I PROPOSED ACTIONS to address CCRS: A. Require CCRS for Shepherd's Creek that are equal to those for Bear Creek. B. Encourage Shepherd's Creek to establish an HOA or join the Bear Creek HOA and pay annual fees for upkeep and maintenance. 7. Transitional and Street Tree Plantings There are no transitional plantings on streets that tie to Bear Creek, nor are there street t:ree plantings or landscaped medians such as exist in Bear Creek. If property values are to be protected then at a minimum, these elements need to be required for the proposed development. I PROPOSED ACTIONS to address Street Tree Plantings: A. Require street tree and median plantings throughout the Shepherd's Creek subdivision. B. At a minimum require transitional street tree plantings on aU outlet roads that reflect the adjacent character and quality of adjoining neighborhoods. The undersigned residents of Bear Creek are very concerned about the Shepherd's Creek development as currently proposed and request that you and the Council give careful and informed consideration to the issues defined in this letter prior to application approval. Thank you for this opportunity to provide comment and input on the proposed Shepherd's Creek Application. ~Af~i/J!Mtv Kimberly Newell-LeMaster President, Bear Creek Homeowner's Association Enclosure KEM/kem/8/9/06 5 Petition - Shepherd's Creek Development July 31,2006 Petition to deny application to the proposed Shepherd's Creek Subdivision Development until issues and concerns that impact adjacent properties are considered We, the undersigned, call on Mayor Tammy de Weerd and the City Council of Meridian, Idaho to address specific issues associated with the proposed Shepherd's Creek Subdivision (Shepherd's Creek) that directly impacts the public and homeowner's of Bear Creek Subdivision {Bear Creek), Meridian, Idaho. Whereas: 1. Access Issues · Vehicular Traffic - The traffic, estimated at 550 vehicle trips per day will add significantly more traffic to already congested roads. The burden for most of the traffic will be on Bear Creek roads and will create even more congestion on Stoddard and Overland Roads. These roads are already taxed and soon to be taxed even more when Bear Creek West is completed. · No alternate routes/outlets to primary roads - The development provides no outlet to alternate routes to aid in alleviating congestion in the subdivision and to the two primary roads (Stoddard/Overland) that serve as outlets for Bear Creek. The development needs to address traffic issues by providing direct access to Victory Road which would offer an alternate route, easing traffic on Stoddard and Overland. It was understood that a traffic light will be installed at Victory in the near future (Matt Shultz, Project Coordinator for Shepherd's Creek LLC advised at the neighbor hood meeting that a light would be installed on Victory Road) which is an even greater reason to provide a more direct alternate route. A redesign of the subdivision roads to provide an outlet on the Church's access road to Alfani Way would be a gOOd solution and an admirable gesture on the Church's part for alleviating additional congestion that is being created by the proposed subdivision (land sold to Shepherd's Creek LLC by the Church). In addition, Church traffic is typically at its peak on Sunday which is a non-work day, thus traffic conflicts should not be at issue. · Construction Traffic - Construction traffic, dust, dirt, trash, etc., is a serious concern. Construction access should be provided through an alternate route not through Bear Creek. Access via the Church and off Meridian Road should be provided to minimize impacts to homeowners in the subdivision. 1 Petition - Shepherd's Creek Development July 31,2006 high density, and minimal "useable" green space. To maintain property values in Bear Creek the density and related amenities of Shepherd's Creek should be consistent and lots/home value should be equal to or more than those in Bear Creek. 4. Drainage · Bear Creek is lower in elevation than the adjacent property. Need assurances and site drainage plans that address drainage containment within the Shepherd's Creek Development. 5. Open Space/Parks · The proposed open space is minimal and the areas that are proposed are virtually unusable space that cannot be developed with the exception of one which is a minimally usable narrow strip of land. If the space were one contiguous green space than value as open space is added, however as proposed there is limited to no added value. It would appear that the 55 homes/residents of this development will rely solely on the amenities of Bear Creek, including walkways, lighting, and green space, while not contributing added value. The residents of Bear Creek pay annual association fees to maintain the public spaces within the development. Shepherd's Creek residents will pay nothing to support or maintain the access routes, green spaces, street tree plantings etc. that they will use to access Bear Creek Park. If Shepherd's Creek is to add usable value than the common lots or "green space" should be located in the center of the development and offer amenities that are usable by the public, e.g., a one acre play area for children or a usable small park, not just un...cfevelopable leftovers. 6. Covenants, Conditions, and Restrictions (CeRs) · Bear Creek is a planned community with CCRs in place designed to protect investments and the integrity of the development. These covenants include property maintenance and improvements, association dues, on-street parking restrictions, and that cars, trailers, campers, boats, etc. be stored behind fenced areas or garages, etc. With the direct proximity of Shepherd's Creek to Bear Creek the proposed development should also be required to have similar association covenants and contribute to the association dues and maintenance of the area, especially as they will use Bear Creek amenities to gain access to Bear Creek. Bear Creek Residents should not be expected to bear the burden of providing amenities for the Shepherd's Creek development. 3 , , Petition - Shepherd's Creek Development July 31, 2006 . , THEREFORE, WE THE UNDERSIGNED CALL ON THE CITY OF MERIDIAN TO ADDRESS THESE CONCERNS IN RELATION TO THE PROPOSED SHEPHERD'S CREEK DEVELOPMENT Name Address (Inct. 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(Q~> CI)~~ ~- -to ~ ~% Cf - -\-\>O\)JJ OO%ot;~ ~-\oszc Ci) ::I:m % ~ Z m ::I: -n (f)- Z (f) -\-O(f) -\ (f) _Ci) (f)~O~-\ (/) CgZN::I: m~C)o~ c: \)o~~s g JJ 0 I" Z m g mzo(j)~ 3=- mcn> 0 ...-a z6~ ;;. ~ -\rnrn Z ~ rn~~ o > r' ~ - o % .&...I~"'''''''''''''A...L..Lc _........................._~.... - _........___ Im:,~-10 SECRETAR Elections, Campaig L~b~s-:L- Ben Ysursa, Secretary of State 2006 PROPOSED BALLOT INITIATIVES Contact Person I Organization Status Short Ballot Title Long Ballot Title Attorney General Certificate of Review Full Text This House is MY Home Laird Maxwell 702 W Hays Suite 16 Boise 10 83702 208-426-0358 Required number of signatures filed 6/28/06 - will appear on the November 7 2006 ballot as Proposition 2 INITIATIVE UMITING EMINENT DOMAIN WHEN USED FOR ECONOMIC DEVELOPMENT; DEFINING LAND USE LAW; AND PERMITTING JUST COMPENSATION FOR REGULATORY TAKINGS. AN INITIATIVE RELATING TO EMINENT DOMAIN; AMENDING SECTION 7 701, IDAHO CODE, TO PROVIDE UMITATIONS ON EMINENT DOMAIN FOR PRIVATE PARTIES, AND FOR URBAN RENEWAL OR ECONOMIC DEVELOPMENT PURPOSES; AND PROVIDE FOR FURTHER JUDICIAL REVIEW OF PROCEEDINGS INVOLVING THE EXERCISE OF EMINENT DOMAIN; ADDING A NEW SECTION 7-701A TO PROVIDE FOR DEFINITIONS RELATING TO HIGHEST AND BEST USE, FAIR MARKET VALUE, JUST COMPENSATION, AND LAND USE LAW; AND AMENDING CHAPTER 80, TITLE 67, IDAHO CODE, TO PROVIDE FOR JUST COMPENSATION WHEN A REGULATORY ACTION REDUCES FAIR MARKET VALUE OF PROPERTY AND TO PROVIDE JUST COMPENSATION TO A CONDEMNEE. Can be'viewed by following tbi~Jin~ to the Attorney General's web site. This document is provided in PDF file format, you must have Acrobat Reader to view the file. Whereas, Article I Section 1 of the Constitution of the State of Idaho declares that the acquiring, possessing, and protecting of property are inalienable rights of all men; Whereas, Article I Section 13 of the Constitution of the State of Idaho declares that no person shall be deprived of property without due process of law; Whereas, Article I Section 14 of the Constitution of the State of Idaho declares that private property may be taken for public use, but not until a just compensation, to be ascertained in the http://www.idsos.state.id.us/ELECT/INITS/06init08.htm 9/18/2006 reclaiming lands, and for storing and floating logs and lumber on streams not navigable. 4. Roads, tunnels, ditches, flumes, pipes and dumping places for working mines; also outlets, natural or otherwise, for the flow, deposit or conduct of tailings or refuse matter from mines; also, an occupancy in common by the owners or possessors of different mines of any place for the flow, deposit or conduct of tailings or refuse matter from their several mines, 5. Byroads, leading from highways to residences and farms. 6. Telephones, telegraph and telephone lines. 7. Sewerage of any incorporated city. 8. Cemeteries for the burial of the dead, and enlarging and adding to the same and the grounds thereof. 9. Pipe lines for the transmission, delivery, furnishing or distribution of natural or manufactured gas for light, heat or power, or for the transportation of crude petroleum or petroleum products; also for tanks, reservoirs, storage, terminal and pumping facilities, telephone, telegraph and power lines necessarily incident to such pipe lines. 10. Snow fences or barriers for the protection of highways from drifting snow. 11. Electric distribution and transmission lines for the delivery, furnishing, distribution, and transmission of electric current for power, lighting, heating or other purposes; and structures, facilities and equipment for the production, generation, and manufacture of electric current for power, lighting, heating or other purposes. J2. Eminent domain shall not be used to acquire private Q.tQPerty i. .@lJ.f at the time of the condemnation. the publiC; bodv condemning the property, or its desianee. intends to convey fee title to all or a portion of the real property, or a lesser interest than fee title. to another private party: or, (b) For the purpose of promoting or effectuating ~~onomic development: provided._howeveL- th~.t nothing in this subsection 12 shall affect the exercise of eminent domain under the following circumstances: (1) Use of eminent domain for the http://www.idsos.state.id.us/ELECTIINITS/06init08.htm 9/18/2006 the Qublic health. safety. morals. or general welfare. 13. This section shall not affect the authoritY- of a governmental entity to condemn a leaseholg estat~ on Dropert y owned bya aovernmental entit~. 14. The rationale for c;ondemn~tion by the governmental entity p-.IQQosing-'!p conpemn property shall be freely reviewable in the course of judicial Droceedinas involving exercise of the Dower of eminent domain.. SECTION 2 . That Chapter 7, Title 7, Idaho Code be, and the same is hereby amended by the addition thereto of a New Section, to be known and designated as Section 7-701A, Idaho Code to read as follows: 7-701A. Definitions. . (1) The following definitions shall apply for all purposes of Chapter 7, Title 7, Idaho Code, unless the text otherwise requires. (2) "Public Body" means the state and its agencies, cities, counties, and any other political subdivision of the state. (3) "Owner" means the holder of fee title to the subject real property . (4) "Land Use Law" means: (a) Any statute, rule or ordinance or any law that regulates the use or division of land or any interest in land or that regulates accepted farming and forest practices, including comprehensive plans and zoning ordinances that are enacted by this state or a political subdivision of this state; and, (b) Local government comprehensive plans, zoning or subdivision ordinances, regulations, restrictions and controls for the use or division of land. (5) "Public Use" means: (a) The possession, occupation and enjoyment of the land by the general public or by public agencies. (b) The use of land for the creation or functioning of public utilities. (c) The acquisition of property to cure a concrete http://www.idsos.state.id.us/ELECTIINITS/06init08.htm 9/18/2006 .J....J.............LI.I..J....I..I.6......,........I...&..A.....w......"....,"'.a..a...L~... (a) Any statute. rule or ordinance or any ICI.Y'I that re.gulates the use or division of land or any interest in land or that regulC!t~s acceoted farmine and forest practice.2,. including cQ.morehensive olans and zonina ordinances"that are enacted by this state or ~olitical subqivision of this state; and LbJ_LQ~9VerDment comorehensive olans, zonil]g or subdivl$.Lon ordinanl;_es~eClulations, restrictions and controls for the use or division of land._ LQ) The definitions set forth in .Section 7-701A shall be and her~by are apolicable to this Chapter 80. SECTION 4 Section 67-8003, Idaho Code, is hereby amended to read as follows: (1) The attorney general shall establish, by October 1, 1994, an orderly, consistent process, including a checklist, that better enables a state agency or local government to evaluate proposed regulatory or administrative actions to assure that such actions do not result in an unconstitutional taking of private property. The attorney general shall review and update the process at least on an annual basis to maintain consistency with changes in law. All state agencies and local governments shall follow the guidelines of the attorney general. (2) Upon the written request of an owner of real property that is the subject of such action, such request being filed with the clerk or the agency or entity undertaking the regulatory or administrative action not more than twenty-eight (28) days after the final decision concerning the matter at issue, a state agency or local governmental entity shall prepare a written taking analysis concerning the action. Any regulatory taking analysis prepared hereto shall comply with the process set forth in this chapter, including use of the checklist developed by the attorney general pursuant to subsection (1) of this section and shall be provided to the real property owner no longer than forty-two (42) days after the date of filing the request with the clerk or secretary of the agency whose action is questioned. A regulatory taking analysis prepared pursuant to this section shall be considered public information. (3) A governmental action is voidable if a written taking analysis is not prepared after a request has been made pursuant to this chapter. A private real property owner, whose property is the subject of govermnental action, affected by a governmental action without the preparation of a requested taking analysis as required by this section may seek judiCial determination of the validity of the governmental action by initiating a declaratory judgment action or other appropriate legal procedure. A suit seeking to invalidate a governmental action for noncompliance with subsection (2) of this section must be filed in a district court in the county in which the http://www.idsos.state.id.us/ELECT /INITS/06init08.h1m 9/18/2006 --.........."'-...0 .-...."..-...........""... ...... _.......-.......,A private property owner's affected real property is located. If the affected property is located in more than one (1) county, the private property owner may file suit in any county in which the affected real property is located. (4) During the preparation of the taking analysis, any time limitation relevant to the regulatory or administrative actions shall be tolled. Such tolling shall cease when the taking analysis has been provided to the property owner. Both the request for a taking analysis and the taking analysis shall be part of the official record regarding the regulatory or administrative action. (5) If an owner's ability to use, possess. sell, or divide private" real property is limited or prohibited by the enactment or enforcement of any land use law after the date of acquisition by the owner of the oropertv in a manner that reduces the fair: mark t value of the ro e the owner shall be entitled to not e re uire to fir t submit a __land u~p ;tpolication to remove. modifv, vary, or ot erwise . alter the apolication of the land use law as p orereouisite t~ -- demandinp or receivino lust compensation under subsection .. (9) of this section. .{QLSubsection (5) of this section shall not apply to land use laws: (a) Limltina or prohibiting a use or division of real property for the protection of public health and safety, such as fire and building codes, health and sanitation regulations, traffic control, Iiouor ~ontrols solid or hazardous waste regulations, and pollution control regulations; (b) Limiting or prohibiting a use or division of real prooertv commonly and historicallv recoanized as a public nuisance under common law: (c) Required by federal law; (c;U LImiting or prohibiting the use or division of a property for the purpose of selling pornography or performing nude dancino, provided such land use laws are consistent with the Idaho and United States Constitutions: or: (e) Were enacted before the effective date of tht~ S~!=tion. (f) That do not directly reaulate an owner's land. ill Just cOl1J.Qensation pursuant to subsection1.5) of this sectign shall be equaL to the reduction in the fair market value of the property re$..!J1ting from enactment or enforcem~nt of the http://www.idsos.state.id.us/ELECT/INITS/06init08.htm .&.-0........1' _..a.. ""'" 9/18/2006 Meridian Planning & Zoning August 17, 2006 Page 2 of 52 Zaremba: Mr. Chairman, would you care to mention the development on -- I think its Items 12 and 13, Rohm: Yeah, I could do that. Items 12 and 13, both related to Shepherd Creek Subdivision will be continued, because Ada County has not rendered their decision as far as the roadway. Originally, we were going to continue it to the September 7th regularly scheduled meeting, but we just kind of took a straw poll up here and we will not have a quorum that night and so there will be no P&Z meeting on September 7th and so my guess is the next regularly scheduled meeting of the Planning and Zoning Commission is September 21 st and that's when that project will be heard. And so we will open it only to continue it to September 21 st, presuming that staff has no issues with that. Caleb? Hood: Mr. Chair, Members of the Commission, that agenda is very full and if you double it up there is no way we are going to make it through everything. So, I don't know if you can do another straw poll here and see if there is maybe a special meeting that we could either have the 14th or the 28th. Rohm: I am traveling both of those weeks. I will be out of town and Commissioner Mae is going to be out the fourth -- the week of the 14th. Zaremba: I couldn't make the 14th. I could make the 28th. Mae: I could as well. What about you, Mr. Borup? Borup: I'm going to be gone on the 28th. Other than that, I'm fine on the others. Rohm: We are kind of running out of dates here, aren't we? Zaremba: We are talking about September; right? September 28th? Borup: Can we figure this out at the end of the meeting? Rohm: Yeah. Well, other than there is people in the audience that are interested in what date that would be continued to. I think -- Zaremba: The applicant said they will repast the property, so if they watch the posting, he said they'd repast it with the correct date. Hood: And, Mr. Chair, I did talk to the president of the Bear Creek HOA yesterday and told her I could call her if that date didn't fly, if for some reason we didn't have a quorum or something like that happened. I do understand that they made new fliers and sent them out to everyone already, so people weren't here tonight, and we could kind of avoid that. The 21st we could probably do Bear Creek on there, but we already have a full agenda on the 7th, $0 we have got a bunch of other items that we have got to find a home for here. So, a special meeting sometime, If you want to set the -- set this one Meridian Planning & Zoning August 17, 2006 Page 3 of 52 over to the 21 st, that's probably okay, but we probably maybe at the end of this meeting tonight need to have another quick discussion about when we can put those other four or five or six items that we have on that September 7th agenda -- and I believe the clerk has already noticed everyone for that agenda, too, So, new notices are going to have to be sent out and the whole deal, so -- and we need to find a date when we can, obviously, have a quorum, so September the 21st would probably be okay for Shepherd Creek, but -- Rohm: Okay. Well, then, the 21 st will be the date for Shepherd Creek and, then, we will find new homes for the other items. But that's when that particular item will be continued to, so that will be another adjustment to the agenda. Item 3: Consent Agenda: A. Approve Minutes of July 20, 2006 Planning & Zoning Commission Meeting: Rohm: Okay. With that discussion complete, the Consent Agenda consists of approval of minutes from the July 20th, 2006, Planning and Zoning Commission meeting, Any adjustments to that set of minutes? Could I get a motion to accept the Consent Agenda? Moe: So moved. Zaremba: Second. Rohm: It's been moved and seconded to accept the Consent Agenda, All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Rohm: Okay. Before we open up any public hearings, I'd like to just discuss a little bit about the process we go through for our hearings here at the Planning and Zoning Commission. The first portion of the process is we ask the staff to give their presentation and what that is is they take a look at all the projects and they try to match them up with the Comprehensive Plan and our ordinances for the city. They will give their position based upon how they see that particular application fitting those two documents. Once the staff has given their presentation, then, at that time we ask the applicant to come forward and at that time they have got -- I believe it is 15 minutes to make their presentation. That's basically their sales pitch to the Commission. They tell us all the good things about the project and how it will enhance the city over time. Once those two presentations have been made, then, it will be open to the public and anyone that chooses to speak on any application has their option to speak at that time. The applicant, then, has the final say. Once we ask the applicant to come back up and respond to any quires from the audience, we will not take any additional testimony, because it's not a -- it's not a debate, it's a presentation, respondents, and, then, the Meridian Planning & Zoning August 17, 2006 Page 47 of 52 it's noted that the building shall contain a minimum of two tenant spaces as proposed, in lieu of six, and, then, I'd also like to add another point, one point -- or 2.0 I guess I would put it, under the planning department, that the applicant will work with staff to upgrade the western elevation of Building B. Zaremba: Second. Moe: Along with -- furthermore, to direct staff to prepare appropriate Findings document to be considered at the next Planning and Zoning Commission hearing on August 31st, 2006. End of motion. Zaremba: Second. Rohm: It's been moved and seconded to approve CUP 06-026 to include all staff comments with aforementioned modification. All those in favor say aye. Opposed same sign? Motion carries, MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 9-A: Findings of Fact and Conclusions of Law and Order for Approval: CUP 06-027 Request for Conditional Use Permit for the construction of a 52,000 sq. ft. retail building for G.I. Joe's by W,H. Moore Company - NWC of Eagle R. and Ustick Rd. (Centre Pointe Subdivision): Rohm: Thank you. Now, the last item in this bundle of three is -- I will now -- let's see -- open up the -- well, request approval of 9A, which is the Findings of Facts and Conclusions of Law for approval of the CUP 06-027, Moe: So moved. Zaremba: Second. Rohm: It's been moved and seconded that we accept the Findings of Fact and Conclusions of Law for CUP 06-027. All those in favor say aye. Opposed same sign? Motion carried, MOTION CARRIED: FOUR AYES. ONE ABSENT. Rohm: And, again, Jonathan, thank you, You did a great job. At this time we are going to take a short break and reconvene at 9:40. (Recess. ) Item 12: Public Hearing: MI 06-004 Request for Modification of the Development Agreement between the City of Meridian and Valley Shepherd Church of Meridian Planning & Zoning August 17, 2006 Page 48 of 52 the Nazarene to allow a residential subdivision and a church on 32.45 acres for Shepherd Creek Subdivision by Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC - 2475 S. Meridian Road: Item 13: Public Hearing: PP 06~040 Request for Preliminary Plat approval of 55 residential, 7 common lots & 1 other lot on 32.45 acres in an R-8 zone for Shepherd Creek Subdivision by Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC - 2475 S. Meridian Road: Rohm: Okay. At this time I'd like to open up the Public Hearing on MI 06-004 and PP 06-040 for the sole purpose of continuing both of these items to the regularly scheduled meeting of September 21 st. Zaremba: August 21st. No, September 21st. Rohm: September 21st. Zaremba: So moved. Moe: Second. Rohm: And it has been moved and seconded to continue these items to the regularly scheduled meeting of September 21 st. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 14: Public Hearing: Comprehensive Plan Amendment to amend the text of the Comprehensive Plan to update the Ten Year Capital Improvements Plan for parks, police, and fire capital improvement projects. This public hearing regarding the Capital Improvements Plan is required by the Local Land Use Planning Act before the Impact Fee Advisory Committee's recommendations for parks, police and fire impact fees can be forwarded to the City Council: Rohm: At this time I'd like to open up the Public Hearing on the Comprehensive Plan amendment and turn it over to our legal counsel Mr. Nary. Nary: Thank you, Mr. Chairman, Members of the Commission. I do have a handout that was sent to you by e-mail. I don't know if the clerk's office has one, so I could pass that down. If any of you also -- if you need a copy of that I have an additional one. This is a fairly unique circumstance that's in front of you tonight. I don't think in the past you have had an impact fee discussion on your regular agenda and a Public Hearing, What is in front of you is there is a Comprehensive Plan amendment that is being proposed by the city, the city has hired some consultants, they have an impact fee committee that has worked through the consultant's work. What is in front of you is the reason the CITY OF MERIDIAN PLANNING OEP ARTMENT 5T AFF REPORT FOR THE HEARING VA IE OF SEPTEMBER 21, 2006 STAFF REPORT P & Z Commission Hearing rl cUeridi'fn",~ ' TO: Planning & Zoning Commission " ":;' v .' f! ~tf' L "'~::l;"~t;Il" ~" ,~r'"'J '.., '!~ 1. '41< "''lot ~f \i ~l:.~"""" "" ~~.i ,___191i~, _ \ ~. . ~i . ~l . ~,,' ID.\Ho Hearing Date: 9/2112006 (Continued from 8/17/2006 P & Z hearing) SUBJECT: Caleb Hood Meridian Planning Department 884-5533 Shepherd Creek Subdivision . PP-06-040 Preliminary Plat of 55 single. family building lots, 7 common lots, and 1 church lot on 32.45 acres, in an existing R-8 zone, L' ), FROM: SEP 1 ,:~ 2006 "_'f ,1"00' ~..---'.~,~".:'" .;'_~.'::. "-' .. ,,' ':,.-." '.~ -L. _:. ,... . Ml-06-004 Miscellaneous request to modifY the recorded Development Agreement for the Valley Shepherd Church of the Nazarene to allow a residential subdivision on church property, 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, RMR Consulting, Inc., has applied for Preliminary Plat approval of 55 single-family residential lots, 7 common lots, and I church lot on 32.45 acres for Shepherd Creek Subdivision, Twenty of the 32 acres are to be retained and used by the Nazarene Church, and 12 acres are proposed for residential development. The Development Agreement (DA) in effect for this site restricts residential uses on this site. Therefore, the applicant has submitted a concurrent Miscellaneous application to modify the recorded DA to allow residential and church uses on the subject site. The site is located on the west side of Meridian Road, approximately Yz mile south of Overland Road, The subject property is within the Urban Service Planning Area and within the current city limits (zoned R.8), This area has not been previously platted. 2. SUMMARY RECOMMENDATION The subject applications (pP-06-040 and MI-06.004) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis regarding the requested Preliminary Plat and Miscellaneous applications below. Generally, the Planning & Zoning Commission does not make a recommendation to the Council on DA modifications. However, because the recorded DA must be amended to allow a residential subdivision, both of the subject applications are being combined into one staff report. The Commission should make recommendations to the Council on both of the subject applications. Staff is recommendinl! approval of the proposed DA modification and Preliminary Plat, subiect to the plat being fe-designed to comply with the RA (not R-8) dimensional standards and the construction of a collector roadway out to Meridian Road. Please see Sections 8 and 9 of the Staff Report fOf detailed analysis. 3. PROPOSED MOTIONS Approval Shepherd Creek Subdivision PP-06-040 & MI.06-004 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 21,2006 After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Numbers PP-06-040 and MI-06-004 as presented in the staff report for the hearing date of September 21, 2006, with the following modifications to the conditions of approval: (Add any proposed modifications,) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Numbers PP-06-040 & MI-06-004 as presented during the public hearing on September 21, 2006, for the following reasons: (State specific reasons for denial of the development agreement modification and/or preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers PP_ 06-040 & MI-06-004 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance,) 4. APPLICATION AND PROPERTY FACTS a, Site Address/Location: West side of Meridian Road, approximately Yz mile south of Overland Road / 2475 S. Meridian Road; Section 24, T3N, Rl W b, Owner: Shepherd's Creek, LLC 10286 Ustick Road Boise, ill 83704 & Valley Shepherd Church of the Nazarene 831 N. Main Street Meridian, ill 83642 c. Applicant: RMR Consulting, Inc. 2127 S. Alaska Way Meridian, ill 83642 d. Representative: Matthew Schultz, RMR Consulting, Inc, e. Present Zoning: R-8 f. Present Comprehensive Plan Designation: Public/Quasi~Public g. Description of Applicant's Request: L Date of Preliminary Plat (attached in Exhibit A): May 5,2006 2, Date of Landscape Plan (attached in Exhibit A): May 2006 (residential portion) & April 10, 2006 (church portion) h, Applicant's Statement/Justification: Our proposed preliminary plat of 1 Church Lot, 55 residential lots, and 7 common lots on 32.45 acres is consistent with the R-8 zoning ordinance and the existing zoning surrounding the subdivision (please see applicant's submittal letter). 5. PROCESS FACTS a, The subject application will in fact constitute a preliminary plat as determined by City Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 21, 2006 Ordinance, By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b, Miscellaneous applications are not currently addressed in Title 11 of the Meridian City Code. It has been determined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will in fact require a public hearing before the City CounciL c. Newspaper notifications published on: July 31 and August 14,2006 d, Radius notices mailed to properties within 300 feet on: July 21,2006 e. Applicant posted notice on site by: August 7, 2006 6. LAND USE a, Existing Land U see s): Vacant land and a church, b, Description of Character of Surrounding Area: A mix of single-family residential and proposed office buildings. This area is rapidly urbanizing, c. Adjacent Land Use and Zoning: 1. North: Single-family residential in Bear Creek Subdivision, zoned R-4 and R-8, 2. East: Meridian Road; Office/Commercial uses in the City and County, zoned L-O and RUT (Ada County). 3. South: Single-family residential and future offices in Strada Bellissima, zoned R-4 and L-O. 4. West: Single-family residential in Bear Creek Subdivision, zoned R-4. d, History of Previous Actions: - On December 19, 2000 the City Council voted to annex this property into the City of Meridian with an R-8 zoning designation (AZ-00-018). - On February 22, 2001, a Development Agreement (DA) was recorded (Instrument # 101015259) for this property. Section 4. Uses Permitted by this AQteement. of said DA allows the construction and development of a church and a multi-purpose facility. Section 4 !loes on to state: "No chan!le in the uses specified in this AQteement shall be allowed without modification of this AlZreement." - On August 14, 2003, an addendum to the DA was recorded (Instrument # 103137111) that slightly amended the Legal Description ofthe property subject to the DA. - On February 16, 2006 the City approved a Conditional Use Permit for the Valley Shepherd Church (CUP-05-058), Condition of Approval B 1,8 of CUP-05-058 states: "If any portion of the ori!linal 32 acre parcel and approximately 1.7 acres contained in Bear Creek Subdivision is further divided then the entire 34.8 acre site shall be contained in a future plat." In the Analysis section ofthe Staff Report for CUP-05-058. a provision for a future collector roadway connection to Meridian Road is discussed as a future condition of the subiect preliminary plat. - On May 8, 2006, a Certificate of Zoning Compliance permit was issued for the construction of a 45,575 square foot church on this site, e. Existing Constraints and Opportunities: 1. Public Works Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 21, 2006 Location of sewer; There is sewer stubbed to this property from Bear Creek Subdivision, however those mains flow to a lift station that is not eligible to take any more sewage at this time. Location of water: There are water stubs to this property from Bear Creek Subdivision to the west and north, and a stub to the south in Strada Bellisima. Issues or concerns: 1.) This property is proposing to sewer to mains in Bear Creek which flow to the Bear Creek lift station, At this time the lift station is ineligible to take any additional flows, 2,) The need to stub a sewer service to parcel R8l86120850 which is located along the southwest comer of the property, 2, Vegetation: Existing trees will be retained or relocated on site, 3. Flood plain: N/A 4, Canals/Ditches/Irrigation: The Hardin Drain courses through this site. All irrigation ditches, laterals and canals should be covered, 5, Hazards: See Analysis below, 6. Size of Property: 32,45 acres (20,45 acres for church, 12 acres for single-family homes) f. Subdivision Plat Information: 1. Residential Lots: 55 2, Non-residential Lots: 1 3, Total Building Lots: 56 4. Common Lots: 7 5. Other Lots; 0 6, Total Lots: 63 7. Residential Area: 12,0 acres 8, Gross Density: 4,58 units per acre (5.63 net density) 9, Lot Sizes: Lot sizes range from 5,092 square feet to 14,866 square feet. 42% ofthe lots range in size from 7,000 square feet to 14,866 square feet. 58% of the lots are smaller than 6,600 square feet. The average lot size is approximately 6,694 square feet. g, Landscaping: 1. Width of street buffer(s): The Future Land Use Map designates Meridian Road as an "Entryway Corridor," The UDC (Table 11-3B-7) requires a 35~foot wide street buffer adjacent to Entryway Corridors, The landscape plan proposes a 35~foot wide landscape buffer easement along Meridian Road, UDC Table 11-2A-4 requires a 20- foot wide landscape buffer adjacent to collector roadways, Although not required by the ODC, the applicant is proposing a 20-foot wide landscape street buffer between Kodiak Drive, a local street, and the existing homes in Bear Creek to the north. This proposal will keep the existing lots in Bear Creek from being double-fronted on public streets, 2, Width ofbuffer(s) between land uses; N/A 3. Percentage of site as open space: 0.78 acres (6.50 %) Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 4 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 21, 2006 4, Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12, Common, open-space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 1l-3G-3-E2). h. Summary of Proposed Streets and/or Access: Access to the residential portion of this development is proposed from three existing stub streets in Bear Creek and Strada Bellissima. Part of the previous discussions on this site revolved around a future collector roadway connection through this site to Meridian Road. This site has frontage on Meridian Road, half way between Overland Road and Victory Road. At the request of the Planning Department, a "Disputed Collector Roadway" is conceptually shown on the submitted preliminary plat. The applicant is not proposing to construct this roadway, but staff has requested that this topic be a topic of discussion for the Commission and Council. NOTE: Staff has received comments from ITD and ACHD reg:arding: this proiect. The AGIO Commission acted on this application on September 6. 2006 and required the applicant to provide a 4th access road to this site, This access road would directly connect the residential portion of Shepherd Creek to Maestra Street which intersects Meridian Road at ~ mile north of Victory Road, The applicant has requested that the ACHD Commission reconsider their action and the Commission has alUeed to do so. City Staff has also requested that ACHD reconsider their action of September 6th. and allow. if not require. the applicant to construct a public street to Meridian Road at the mid-mile location. Shepherd Creek will a(!ain be heard by the ACHD Commission on September 20th. one day before the Planning: & Zoning: Commission hearing:. Staff will bring: an update of the ACHD Commission's final action to the September 2151 P&Z Commission public hearing:. The comments staff has received from ITD state that they support the collector road connection at the half mile location. and future sig:nalization at the location. as warranted. and as funding: allows (please see letter from Sue Sullivan. Senior Planner. dated August 31. 2006.) Staff is recommendine: that the proposed preliminary plat be modified by extendinl! Kodiak Drive as a collector roadway out to Meridian Road. Please see below for further analysis. 7. COMMENTS MEETING On July 28,2006, Planning Staff held an agency comments meeting, The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B, 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Public/Quasi-Public". Chapter VII of the Comprehensive Plan defines Public, Quasi-Public and Open Space as areas designated to preserve and protect existing private, municipal, state, and federal land for area residents and visitors, Theses areas include neighborhood, community, and urban parks. Government facilities, public and private schools, health care facilities, churches, utilities, park and recreational areas, and cemeteries are also considered public/quasi-public type uses, In 2004, the City approved Resolution No, 04-454, which amended Chapter VII, Section 1, ofthe Comprehensive Plan to include the following language regarding Public/Quasi-Public areas (underline added): "Upon redevelopment of such properties. a chanlle in desimation and use mav be appropriate. the redevelopment of these areas should be guided bv the intensity of the existing: use. the underlying: zoninl! of the property. the surroundinl! land uses. the location of the property. and transportation issues associated with the proposed development of the property, The Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 21, 2006 aopropriate land use deshmation and accomoanyine: zoninl! for these areas will be determined by City Council on a case by case basis," Staff finds that if the church has deemed the 12 acres that is proposed for residential uses as surplus property, then a change in designation from Public/Quasi-Public is appropriate. However, based on the factors listed above, which are in the Comprehensive Plan for recommending such a change (existing land uses in the area, location, transportation issues), Staff finds that a development with R-4 densities is more appropriate than the R-8 density and lot sizes proposed. The 12 acres proposed for residential lots are currently vacant, but zoned R-8. The land uses surrounding this property are R-4 to the south and west, with the church and 32 homes in Bear Creek No, 6 to the north being zoned R-8. In December of 2000, when this property was approved for annexation by the City, City Code prohibited churches in the R-4 zone. The R-8 zone conditionally allowed churches, That is why this property was zoned R-8. Staff believes that it was not envisioned at the time of annexing this property that R-8 density and lot sizes would occur on any portion of the property owned by the Nazarene Church, To support this belief, the City required the church to enter into a Development Agreement stating that the annexation ofthe 35 acres was for a church and uses ancillary to the church only. Again, if the church now believes that some of their property is surplus, staff believes that it is better to allow that surplus area to develop than to just have the property sit vacant. However, staff recommends that if residential uses are allowed on this oroperty then the lots should be similar to how a maiority of this area has develooed. with R-4 densities, Staff believes that a residential use on the subject property is appropriate as the request is consistent with the intent of Resolution No. 04-454, if the Commission and Council finds residential development is appropriate for this site. Urban and Residential Collectors: In Chapter VI of the Comprehensive Plan, under the Transportation section, the Plan states (underline added): "The transportation system's second tier is the collector system. Collectors are generally categorized as either urban or residential. Urban collectors are designed to carry higher volumes of traffic and (often seamlessly) connect one arterial to another through a given mile. They also may move at higher speeds than residential collectors, The latter are tvoicallv constructed by orivate develoos at the time of construction of a subdivision and have a more residential character. They mayor mav not connect throu!!h an entire mile section." This section goes on to state that the intersections of collector roads and arterial roads should be located at the 12 mile point within any given section, and that collectors should extend in an essentially straight line for 200 feet to 400 feet from the intersection (of the arterial), Collectors serve as kev transoortation routes and link local roads with other collectors or arterials. Typically they provide direct service to residential areas, are two to three lanes, have right-of-way width between 60 and 66 feet, and may have parking (page 53, Chapter VI, June 2006 Comprehensive Plan), Based on the oreceding Comorehensive Plan text and action items listed below. staff is recommendinl! that a collector roadway be constructed to Meridian Road with the develooment of Shepherd Creek (olease also see Sections 9 and 10 of the Staff Report for UDC policies regarding collector roadways along State Hi!!hways). The following Comprehensive Plan policies apply to this application (staff analysis in italics): · Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 21, 2006 When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands in the following manner: · Sanitary sewer and water service will be extended to the project at the developer's expense. · The subject lands currently lie within the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. · The subject lands currently lie within the jurisdiction of the Meridian Police Department (MPD). · The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD) and the Idaho Transportation Department (ITD), This service will not change. · The subject lands are currently serviced by the Meridian School District #2. This service will not change. · The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department. the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. · Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. · Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system, Staff' is supportive of the proposed pedestrian connections to future adjacent subdivisions, via stub streets, and the micro-pathfrom the church to the residential portion of the subdivision. · Chapter VII, Goal IV, Objective C, Action I - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential subdivision. Staff finds that the proposed developments to the west, north and south, as well as the church that is under construction on this site are all generally compatible with each other, However, the density of the proposed development is not consistent with how the rest of this area has developed, Staff is recommending that the plat be amended to show lots that are consistent with the R-8 zoning standards, and that a landscape buffer be provided between Bear Creek No, 6 to the north and the subject development (between the roadway and the existing homes.) Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 21,2006 · Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Prior to house construction, fencing should be constructed around the perimeter of this site, Further, the applicant should be required to construct a 6-foot tall vinyl fence around the perimeter of this site that is not currently fenced, as proposed. · Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) There are three stub streets provided to this property, two from Bear Creek and one from Strada Bellissima. The applicant is proposing to extend all three stub streets into this site. Staff is supportive of this proposal, To further enhance connectivitv and traffic flow in this section. staff is recommendinf! that a collector roadwav (Kodiak Drive) be constructed out to Meridian Road. If Kodiak Drive is constrncted to intersect Meridian Road, then a signal may be constructed in the future between Victory Road and Overland Road, If Kodiak Drive is not constrncted out to Meridian Road, then Staff believes that signalization in this mile stretch will never occur, and the City, ITD and ACHD will be left with access to Meridian Road that does not comply with ITD's or the City's established standards, This impact will have a negative effect on traffic flows in the area, · Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. As noted above, the applicant is connecting to local roads in the adjacent developments, Staff believes that there is a great opportunity for a collector roadway to be constructed through this site, providing better traffic flows in this area. The potential of a collector roadway on this site was previously discussed during the annexation and CUP approval for a church on this site, Staff believes that the requirement for a collector roadway on this site was previously discussed and with the proposed development of this property, it is now the appropriate time for its construction. · Chapter VII, Goal N, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets, Except for the extension of Kodiak Drive as a pubic collector roadway that intersects Meridian Road, no access to Meridian Road should be approved with this development. Staff believes that residential uses on this site are appropriate, and are generally consistent with the Comprehensive Plan (as amended by Resolution 04-454), However, staff further believes that the proposed density is not appropriate and that a collector roadway to Meridian Road is necessary. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. ZONING ORDINANCE a, Zoning Schedule of Use Control: UDC 1l~2A-2 lists single-family, two-family (duplex), and townhouse developments as a Permitted Uses in the R-8 zone. Single~family detached units, Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 8 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 21,2006 parks and minor public utilities are the only Principally Permitted uses in the R-4 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts, Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. Development along State and Federal Highways (UDC 11-3H-4B2b): Public street connections to the state highway shall only be allowed at; the section line road; and the half- mile mark between section line roads. Theses half-mile connecting streets shall be collector roads, See below for analysis regarding this standard, d. General Standards: All of the proposed lots currently comply with the standard lot size and street frontage requirements of the R-8 zone established in the UDC. No dimensional modifications are being requested for the proposed development. However, staff is recommending that all of the lots within this development comply with the standard lot size and street frontage requirements of the R-4 zone, 10. ANALYSIS a, Analysis of Facts Leading to Staff Recommendation Miscellaneous Application Analysis: The applicant has submitted a Miscellaneous application (MI-06-004) requesting that the recorded Development Agreement on this site be modified, UDC 11~5B-3.D.2 and Idaho Code 9 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses, On January 19, 2001, the Valley Shepherd Church of the Nazarene, the current owner of a portion of the subject property, entered into a development agreement with the City, This DA is in effect for all 35 acres that was annexed into the City, and is currently requested for subdivision approval. During the public hearings regarding annexation and CUP approval of the church, the need for a collector roadway on this property was a topic of discussion, In fact, Staff believes that the ability to get a collector roadway on this site, when the site developed, was a factor in the City agreeing to annex this property, Further, in the Staff Report for CUP~05-058 (which allowed the construction of the Nazarene Church), Staff's analysis includes: "The site will require preliminary plat approval for any future uses contained on site, The original 34 acres of the site shall be contained in this plat. The future collector street and commercial streets to the south shall be dedicated to the public at such time. The required landscape buffers are to be planned with the plat to be consistent with the UDC." Staff believes that the requirement for a collector roadway on this site has always been disclosed and that if additional development occurs on this site it should be constructed, RMR Consulting, Inc. is requesting that certain sections of the recorded development agreement be modified to reflect the proposal to construct additional residences on this site. The DA currently limits uses on this site to a church and a multi-purpose facility for the church. This restriction was placed on the property by the City Council at the December 19, 2000 public hearing for annexing this property (file # AZ-00-018). As noted in the sections above, Staff believes that residential uses on this property may be appropriate, but not at the density proposed with the Shepherd Creek Subdivision, The density within Bear Creek Subdivision is just over 2 dwelling units per acre, and the density in Strada Bellissima is approximately 2.5 dwelling units per acre, Further, the density in the recently approved Bear Creek West Subdivision, on the west Shepherd Creek Subdivision PP-06-040 & MI-06.004 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 21, 2006 side of Stoddard Road, is approximately 2.5 dwellings per acre. Consistent with the other residential proiects that have been approved in this section, the development requirements listed in the UDC (see below) and the Comprehensive Plan policies regarding the redevelopment of Public/Ouasi-Public areas (see Section 8 above), staff is recommending that the DA for this property be amended to allow 12 acres of the site to be developed with R-4 sized lots, provided a collector roadway is built to intersect Meridian Road at approximately the 1j mile location. The development agreement for this property was record on February 22,2001 as Instrument No. 101015259, Staff recommends that the Commission and Council direct the City's Legal Department to draft modifications to the recorded development agreement for Valley Shepherd Church of the Nazarene as follows: · Page 4, Item 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 (D) which are herein specified as follows: Construction and development of a church and a multi-purpose facility and development of sine:le-family residences on 12 acres that complies with the lot size. frontae:e and density standards of the R-4 zone. Prior to occupancy of the first home within this development. a collector roadway located at approximately ~ mile north of Victory Road. shall be constructed out to Meridian Road. Said roadway shall be dedicated and accepted by ACHD." Prior to the final plat being submitted for City Council approval, a modification to the recorded Development Agreement (Instrument No. 101015259) shall be entered into between the City of Meridian, property owner (at the time), and the developer. Said modification to the DA shall include the change listed above. The avplicant shall contact the City Attorney, Bill Nary, at 888- 4433 to initiate this process. Preliminary Plat Analysis: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code (UDe), staff believes that this is a good location for a single-family residential development. However, also based on the policies and goals contained in the Comprehensive Plan and the UDC, staff is recommendinl! that a development with R-4, not R-8, densities and lot sizes be approved. Please see Exhibit C for detailed analysis of facts and findings for a preliminary plat. L Access: Meridian Road is a state highway, UDC 11-3H-4B prohibits access to state highways at locations other than at section line roads, or at the 1j mile between sections. The proposed access to this site is from three existing stub streets, There are currently three public streets that intersect the west side of Meridian Road in Section 24: Davenport, Calderwood and Maestra. None ofthese street locations meet ITD's or the City's current policies for location along a Type IV state highway. In the future Staff envisions these accesses to Meridian Road in this section will be limited to right-in/right-out turning movements. If this is the case then a signal between Victory Road and Overland Road is never likely to get built. To facilitate efficient traffic movement for the general oublic and emerl!ency service oroviders now and into the future, staff recommends that a public collector roadway be built from the intersection of Riptide Avenue, out to Meridian Road, This roadway should be designed and constructed to ACHD's standards. This roadway may be signalized in the future, as warranted, and as funding allows, NOTE: There is currently an alignment problem with an existing public street, Rosalyn Court, on the east side of Meridian Road. The properties with frontage on Rosalyn Court and Meridian Road are currently within Shepherd Creek Subdivision PP-06-Q40 & MI-06-004 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 21. 2006 unincorporated Ada County. When these properties request annexation and development to the City, Staff will require that the existing Rosalyn Court be abandoned (vacated or exchanged) and that a new public collector roadway be constructed in alignment with the subject collector roadway, Kodiak Drive. The applicant should dedicate right-of-way, in accordance with ITD's requirements, to allow for future highway expansion along Meridian Road, The applicant should construct a 10-foot wide pathway along Meridian Road per UDC 11-3HAC3. 2, Densitv: As mentioned in the sections above, this property is currently zoned R-8, but Staff is recommending that it be developed in accordance with the R-4 standards, All lots within Shepherd Creek Subdivision shall be designed in accordance with Table 11-2A-4 and the Medium Low-Density Residential standards contained in the UDC. 3. LandscaoinlZ: The landscape plans prepared by Jensen Belts, on May 2006 and prepared by Glancey Rockwell & Associates, on April 10, 2006, labeled Sheets L-2,61 and L-2.62 are approved with the following modifications/notes: · Provide a 35-foot wide landscape street buffer along Meridian Road as depicted. The landscape buffer along the street shall be designed 10 accordance with UDC 11-3B-7 and UDC 11-3H-4C&D, · Construct a 20-foot wide landscape street buffer along both sides of the "disputed" collector roadway out to Meridian Road, The landscape buffer along the collector street shall be designed in accordance with UDC 11-3B-7 and UDC Table 11-2A-4. · Construct a 20-foot wide landscape strip along the north side of the development, from Riptide A venue to the west property line, as proposed. · Provide a micro-path connection on Lots 1 and 15, Block 1, that connects Riptide A venue to the parking lot for the church, Provide a micro-paht on Lot 7, Block 2, as proposed. Provide landscaping in compliance with UDC 11-3B- 12, adjacent to the micro-paths. Micro-path fencing shall comply with the standards in the UDC. · Construct 6-foot tall vinyl fencing around the perimeter as shown on the plan. · Construct all other landscaping as shown on the plans. · A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC ll-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Landscaoe Buffer along: Meridian Road: Meridian Road, adjacent to the property, is classified as an Entryway Corridor on the 2002 Future Land Use Map, and requires a 35- foot landscape buffer per UDC 11-2A-5. The applicant has proposed to construct a 35- foot wide landscape buffer along Meridian Road. located outside of the future right-of- way for the highway. 4, Common Areas: All common lots which are approved as open space and/or will function as drainage areas shall be vegetated and be usable by residents, Maintenance of all common areas shall be the responsibility of the Shepherd Creek Homeowners Association, Shepherd Creek Subdivision PP-06-Q40 & MI-06-004 PAGE 1 I .._.~._- CITY OF MERIDIAN PLANN ING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 21,2006 5, Open Space/Amenities: The applicant is proposing to set aside 0,78 acres (6.5 % of the property) for open space and staff is supportive of the design. Pedestrian pathways (micro- paths) and a seating area with benches are a part of the open space design, as well. 6, Tree Miti!l:ation: 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 those removed, Required landscaping trees will not be considered as replacement trees for those that are removed. The applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. 7. Common Driveways: A common driveway is proposed for Lots 19 and 20, Block L The UDC allows the frontage for R-4 zoned lots sharing a common driveway to be reduced to 15 feet. UDC 11.6C-3D7 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat; building setbacks should be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. Further, ODC 11-3C-6 requires every single-family dwelling to have a two-car garage and a 20' x 20' parking pad on the lot. The asphalt for the common driveway should not count towards the required parking pad area, Comply with all common driveway provisions listed in UDC 11- 6C-3D, 8, Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source, If a surface or well source is not available, a single-point connection to the culinary water system shall be required, If a single- point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC ll-3A-15 and MCC 9-1-28. 8. FencinlZ: Fencing adjacent to all micro-paths is required. The applicant should submit a detailed fencing plan with the final plat application for the subdivision, 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 perimeter fencing must be completed prior to issuance of building permits. All fencing should taper down to a 3 foot maximum within 20 feet of all rights-of-way. Fencing shall be installed in accordance with UDC 11- 3A-7. 9, Ditches. Laterals. and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. b. Staff Recommendation: Based on the above analysis, staff fmds the MI and PP applications generally conform to the Comprehensive Plan policies and UDC standards. As noted in the Conditions of Approval in Exhibit B and the Development Alrreement provisions in Section 10 of the Staff Report. staff recommends approval of the subiect applications with the limitations that residential construction be desilDled in accordance with the R-4 standards of the UDC (minimum 8.000 square foot lots. minimum 60 feet of street frontalZe. etc,) and densitv. and that a public collector roadway be constructed out to Meridian Road, Staff further recommends that the Council direct the Legal Department to draft an addendum to the Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 12 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 21,2006 Development A!Zreement to allow residential uses on this property. Please see Exhibit B for all of the conditions. provisions and restrictions re!Zardin!Z the Shepherd Creek development. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: 5-5-06) 2. Landscape Plans (dated: May 2006 and April 10, 2006)(3 sheets) B, Conditions of Approval 1, Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7, Ada County Highway District (forthcoming) 8. Central District Health Department 9, Idaho Transportation Department C. Required Findings from Unified Development Code Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 21, 2006 A. Drawings 1. Preliminary Plat (Dated: May 5,2006) - @'- fL ~}- j I I . ~ I IIi ~. 'II i lq I' ,!_l iill! ! Pi!; IAi ,n,! ",l,lt HI, II ~Ui di;UL i Wm w n I.... !III!II-w~~ '" .- . ':J 1.1 II I' il.l , I 1'1 IJ j,l, I 'I . I <. 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I ' ,:&1, : : ,r '. ..z:t't":",:,-~-=c:l~::;-' ~'=. --1=--. l. ~~: " 1 ~~~-il .~) -~ttritH':'"--"14"'--"'T-r<;'lt0J':1iI;~' ~jl ---. .-~::-,,-;,,;.~, '~~;J:.~ ~:;.;Lfll' ~~ n ". I ~~ '-~ .:! \1 --. ~~.~.-._._. Exhibit A ;:,f=:f~~i::;i:].- i!;:f,'GjfP, '" 1,--,.: ...,..,,,,'fA"lII I JI' ~ !:I;I~~ I ~ ._~"'~,'"It "~.' .._~'?"',J:!ii!lll .----='-I 1';,~Tl I ~'I~j! I il-. _, :- I I 1--- II ~ 'I ~ ~~:: , fJ, I .:l,.,., I i! 11 J~?} :ii::'~ -.-------, ;j r ~ " ~ " ~ ~ l :; ~ ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA IE OF SEPTEMBER 21,2006 -'-~'~I~i"'lj;-.-~"~.'. .11'~,1t "-,>,'1:'1..1H "'l ";,,, { ~ :.k'II.". 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I.' i , ~ ili; tll,! i, 5111 llUI~1 !1I'1 ~;Ji. ,I ~ 1i', I~ d :' mill: :l:h " I!~ ': llf' 'I!. . ~ !1;J ~ r ~ I., I 'J j' i ~ M!l1 Ii l!~!lit I !!fm !1~~"'I'J F ~Ilil g II ~.Ii: ~~: ~ . - III 1--'l't~-~- ~l ,~-HtU -~ ;;'-"'c-~---I ~C;-10-I7iiff ~ I 1\ i" I,,' J, - "1"': I" I :'II"~-lll ~ ,,', ' ~ I'I! i I 'I': J ; 1'~i '~, t~l III , " I,~', '~'<'~. II: ", 'I I , ii' ~ II ., t ' "'! ' ' \;), ';, I, I 'I I \ \, II , ,II-:.. ~ ~llil "\ < 1> "I ", I ~ --'" I~'--- - '~\,"\~; ~'" 'I :~~i!!~ :. : ,,~ . ,; : "-'I",,-'~t ,-- i : ,-, ./ ./ Exhibit A I H~! ~!~ I", !'Il II !--: i_11jg 1 ,. ~ - il ~ - e i - ~ r <1 I.. ! " "",1'1,111 .r{:,;\~ I"~ , '~','~ ~;<~;v.J~ ~ , 1!1~; i '" i il ,Ilill , j ~l:! hi : 1"',,1 d ~ i I~:~' ' .,: ~~fj!\~.. g '~f()"t "[ t, 11' ~, I,ll - ill! lllll I 'Ill! l!i,llli~:: I \. ~,~~ \ -, ~ ~~ "r ' \, I ~ 'l;t...1 -, ~ ... "'1 l ._n.: : U"ll'l ~ " '.l! I ~, 1''11 ,. , Illi I! t' i~ , ~ ,,' jl ~ ~- 'I' '! i! .: ,.., all ~" " I I , I r1 1/ 11.11 11'1 . I, '- I r. a~'J~ ~ i '. II ' . 1 ,.' ~I ~~ ,; I: ~~ , II ~~I ,'. i'~ ~ I i l: · ~ ~ ~ ~~ , .~ lj~\ 11\ ~~, i'1 I r . (I :_ , CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 21, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT MISCELLANEOUS APPLICATION 1, Prior to the final plat being submitted for City Council approval, a modification to the recorded Development Agreement (Instrument No. 101015259) shall be entered into between the City of Meridian, property owner (at the time), and the developer, Said modification to the DA shall include the changes listed in bold and underline below, The applicant shall contact the City Attornev. Bill Nary. at 888-4433 to initiate this process, · Page 4, Item 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 (D) which are herein specified as follows: Construction and development of a church and a multi-purpose facility and development of sin2le-famiIy residences on 12 acres that complies with the lot size. fronta2e and density standards of the R-4 zone. Prior to occupancy of the first home within this development. a collector roadway located at approximatelv Yz mile north of Victory Road. shall be constructed out to Meridian Road. Said roadway shall be dedicated and accepted bv ACHD." 1.1 SITE SPECIFIC REQUlREMENTS~PRELIMINARY PLAT 1.1.1 The preliminary plat labeled Sheet 1 of 2, prepared by Stanley Consultants, Inc" dated May 5, 2006, is not approved as submitted. The applicant shall revise the plat so all lots comply with the dimensional standards of an R-4 development as listed in Table 11-2A-4 of the UDC, and comply with the requirements listed below, At least 10 days prior to the City Council hearing, the applicant shall submit 10 full-size and one 8.5" x 11" copy of the revised preliminary plat to the Planning Department. All comments and provisions of the accompanying Miscellaneous application (MI-06-004) and the development agreement for this property shall also be considered conditions of the Preliminary Plat (PP-06-040), 1.1.2 The landscape plans prepared by Jensen Belts, on May 2006 and prepared by Glancey Rockwell & Associates, on April 10, 2006, labeled Sheets L-2.61 and L-2,62 are approved with the following modifications/notes: · Provide a 35-foot wide landscape street buffer along Meridian Road as depicted. The landscape buffer along the street shall be designed lU accordance with UDC 11-3B-7 and UDC 11-3H-4C&D. · Construct a 20-foot wide landscape street buffer along both sides of the "disputed" collector roadway out to Meridian Road. The landscape buffer along the collector street shall be designed in accordance with UDC 11-3B-7 and UDC Table 11-2A-4, · Construct a 20-foot wide landscape strip along the north side of the development, from Riptide Avenue to the west property line, as proposed, · Provide a micro-path connection on Lots 1 and 15, Block 1, which connects Riptide Avenue to the parking lot for the church, Provide a micro-path on Lot 7, Block 2, as proposed, Provide landscaping in compliance with UDC 1I-3B- 12, adjacent to the micro-paths, Micro-path fencing shall comply with the standards listed in the UDC. · Construct 6-foot tall vinyl fencing around the perimeter as shown on the plan. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 21, 2006 · Construct all other internal landscaping as shown on the plans, · 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 those removed, Required landscaping trees will not be considered as replacement trees for those that are removed. The applicant shall coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. · A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14, Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s), 1.1.3 Prior to the final plat being submitted for City Council approval, a modification to the recorded Development Agreement (Instrument No, 101015259) shall be entered into between the City of Meridian, property owner (at the time), and the developer. 1.1,4 Construct a public collector roadway from the intersection of Riptide Avenue, out to Meridian Road, This roadway shall be located approximately 1/2 mile north of Victory Road and shall be designed and constructed to ACHD's standards. This roadway shall be constructed and approved by ACHD prior to the City's issuance of any residential occupancies in this development. Place a note on the face of the final plat prohibiting direct lot access to Meridian Road. 1.1.5 The applicant shall dedicate right-of-way, in accordance with ITD's requirements, to allow for future highway expansion along Meridian Road. 1,1.6 Any two lots sharing a common driveway shall maintain at least 15 feet of public street frontage (flag) and the common driveway easement should be depicted and explained on the face of the final plat. Place the building setbacks/envelopes and orientation of the lots and structures that use the common driveway on the face of the final plat. Building setbacks shall be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. Provide a two-car garage and a 20' x 20' parking pad on each lot. The asphalt for the common driveway shall not count towards the required parking pad area. Comply with all common driveway provisions listed in UDC ll-6C-3D, 1.1.7 Set aside at least 0.78 acres (6.5 % of the property) for open space, as proposed. Construct pedestrian pathways (micro-paths) and a seating area with benches as part of the open space design, 1.1,8 Maintenance of all common areas shall be the responsibility of the Shepherd Creek Subdivision Homeowners' Association, 1,1,9 Per UDC 11- 3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 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, Exhibit B CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 21, 2006 1,1,10 Underground, pressurized irrigation must be provided to all lots within this development. GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision (where applicable) pursuant to UDC 1l-3A-17, 1.2.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11- 3A~ 11, 1,2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water, The applicant should be required to utilize any existing surface or well water for the primary source, If a surface or well source is not available, a single-point connection to the culinary water system shall be required, If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC Il-3A-15 and MCC 9-1-28. 1,2.4 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, Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.2.5 The applicant shall submit a fencing plan with the final plat application for the subdivision, 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 shall taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7, 1,2.6 All irrigation ditches, laterals, or canals intersecting, crossing, or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC ll-3A-6, unless otherwise approved by the appropriate Irrigation District. Plans will need to be approved by said irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance, 1.2,8 Preliminary plat approval shall be subj ect to the expiration provisions set forth in UDC ll-6B- 7. 2. PUBLIC WORKS DEPARTMENT 2,1 Sanitary sewer sezvice to this development is being proposed via extension of mains in Bear Creek Subdivision that flow to the Bear Creek Lift Station, The Bear Creek Lift Station discharges to an eight-inch line in Overland Road, It is the determination of the City Engineer and Public Works Director, using information derived from the City's sewer model and flow metering, that the Bear Creek Lift Station is ineligible to take any more flow than is currently approved in Bear Creek Subdivision, 2.2 This property shall not be allowed to sewer to the mains in Bear Creek until the lift station is decommissioned, and the mains are then gravity flowing to the Black Cat Trunk, In order to ensure this, the City Engineer will not sign the plat until the Bear Creek Lift Station is taken off- line. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA IE OF SEPTEMBER 21,2006 2.3 This property is currently not serviceable by the City of Meridian's sanitary sewer system and the City of Meridian does not guarantee sewer service in the timelines outlined in the UDC. 2.4 The applicant shall install sewer and water mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications, 2.5 The applicant shall be required to extend a sewer service down the lot line common to lots 7-8 block 4, to parcel R 8186120850 which is located in the southwest comer of this development. On the face of the [mal plat graphically dedicate a sewer service easement to protect this service 2.6 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being fmalized prior to construction plan approvaL The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.7 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants), 2,8 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review, A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre-construction meeting. 2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC ll-3A-6), The applicant should be required to use any existing surface or well water for the primary source, If a surface or well source is not available, a single-point connection to the culinary water system shall be required, If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the conunon areas prior to signature on the final plat by the City Engineer. 2.10 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters, The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.11 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8, Wells may be used for non- domestic purposes such as landscape irrigation, 2.12 The preliminary plat indicates that the Harden Drain will be tiled on the "church side" of this property. Prior to construction plan approval the applicant shall provide docmnentation that the owners of the church lot approve of the tiling of the drain on their property, 2.13 The remainder of the drain on the "church lot" shall be tiled with any new improvement or division of the remainder of the "church property". 2.14 Per UDC ll-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. 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 prior Exhibit B CITY OF MERIDIAN PLANNfNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 21, 2006 to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.15 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.16 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2,17 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.18 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. 2,19 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency, 2,21 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2,22 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access, 2.23 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2,24 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3.feet above the highest established peak groundwater elevation, This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 2,25 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense, Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT L One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart, International Fire Code Appendix C. 2, Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 21, 2006 a. Fire Hydrants shall have the 4 W' 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 specifications. d, Fire Hydrants shall be placed on comers when spacing permits. e, Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade, g, Fire hydrants shall be provided to meet the requirements ofthe IFC Section 509.5. h, Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the proj ect. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around, 5. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius, 6. All common driveways shall be straight or have a turning radius of28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 7, Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. Building setbacks shall be per the International Building Code for one and two story construction. 9. The proposed 55.10t subdivision with an estimated 2,9 residents per household would have a total estimated population of 160 residents at build out. 10. The applicant shall work with the Public Works Addressing staffto provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance for the church, II. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please change the name of Alaska Wav to Garibaldi Avenue. as it alirols with Garibaldi Avenue in Strada Bellissima Subdivision, Please contact Tricia Biernen at 898-5500 to address this concern. 12, All portions of the buildings located on this project must be within ISO' of a paved surface as measured around the perimeter of the building. 13, Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a 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 m). 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 m), 14, An emergency access to meridian Rod is helpful here but offset is a concern. 4. POLICE DEPARTMENT 4,} Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used, 4,2 Adequate lighting shall be provided along pathways, Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 21, 2006 4,3 Rename Alaska Way, Garabaldi Avenue, 5. PARKS DEPARTMENT 5,1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed, 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6,1 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end ofthe common drive no more than five (5) feet behind the sidewalk The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 7. ADA COUNTY HIGHWAY DISTRICT 7 .1, Forthcoming, 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8,2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem, 9. IDAHO TRANSPORTATION DEPARTMENT 9.1 This site is located adjacent to the State Highway 69 9.2 ITD supports the City's proposal for a collector road connection at the half mile location, and future signalization at the location, as warranted, and as funding allows, 9.3 This proposal should be contingent upon the City's commitment to require the realignment of Roslyn Court as redevelopment occurs at that site. 9.4 We would also like agreement, if informal, between ITD, ACHD and the City of Meridian that no other signals between Victory and Overland roads would be proposed. 9.5 Should an accident history develop at the intermediate intersections, a median to restrict movements would be constructed (as funding allows) to resolve safety problems, 9.6 Good connectivity should be required to allow good access to the potential signal location from properties in the sub-area. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 C. Required Findings from Unified Development Code Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report, B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services can he made available to accommodate the proposed development. (See Exhibit B for more information.) C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, staff finds that allowing a subdivision on this site will not require the expenditure of capital improvement funds, D. There is public financial capability of supporting services for the proposed development; Staff recommends the Conunission and Council rely upon comments from the public service providers (i,e.. police, fIre, ACHD, etc.) to determine this finding, (See Exhibit B, for more detaiL) E. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Councilor Commission's attention, ACHD and ITD consider road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staffis unaware. F. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic, or historic features on this site, Therefore, staff finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit C . Sep,.13, 2006 '~Ol:f~2AM "- p '" an OP 'I . \.JVtenaicrh ' , :; ~ IDAHO ~I! e~ "", IAt"sullll V ,.1.1. ;alia September 12,2006 MAYOR Tammy de Weerd. CITY COUNCIL ~MBERS Keith Bird. Charles M, Rountree Shaun Wardle Christine DOMell Cry DEPARTMBNTS Pire 540 B, Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 888-6854 Planning & Zoning 660 E, Watertower Lane Suite 202 884,5533 / fax 888-6854 Police 1401 E. Watertower tane 888.6678 / fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887.1297 - Wastewater 3401 N, Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N, W. 8th Street 888-5242/ fax 884-1159 ,- No. 5634 P. 1 'hl "~~~; r'iI'.~1'f'T7'-I' ""'l '.-..-'\ .K. 1\.' i' -, r J ~ \ 1 I j, ,,, ..."u '."." _. "jJ'". v ",.".j;.. '".".~- SEP 1 B 2006 Ada County Highway District Commissioners C/O Susan Slaughter 3775 N, Adams Street Garden City, ID 83714 ,:jib- Of Me'-id;'l-r' "1-,.... '"l . .1, .1.C.;.J_..l.. \.J:~t,:Y Clerk Office RE: Shepherd Creek Subdivision Request for Reconsideration Dear Commissioners: It has come to the City's attention that the applicant of Shepherd Creek SU,bdivision has submitted an appea1letter regarding ACHD's requirement for a 4th access road to/from the proposed development. In the last paragraph of the applicant's appeal letter dated September 8,2006, he specifically requests that the Commission delete the requirement for the "disputed" collector road. The City requests that the ACHD Board of Commissioners not grant the applicant's request, and instead modify Site Specific Condition of Approval #2 by allowing, if not requiring, a public (collector) roadway to be constructed as part of the Shepherd Creek Subdivision. The City's request is not only based on the applicant's request to remove said condition, but new information that was not available to the Commission during the September 6, 2006 hearing, Prior to the September fJh hearing, lTD submitted a letter to the City stating that ITD supports the City's proposal for a collector road connection at the half mile location for this project, and future signalization at the location, as warranted, and as funding allows (please see attached letter), This letter was forwarded to ACHD staff by City staff, but apparently Lori Den Hartog was on vacation and the letter did not make it to the Commissioners, Both ITD's and the City of Meridian's policies regarding access to Type IV state highways state that access to highways are to be located at the ~ mile between sections. If a collector roadway can be constructed at the ~ mile location between Overland Road and Victory Road, then future signalization is possible, If ACHD CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888~4433 CITY CLERK - FAX 888-4218 CITY ATTORNEY IHR - FAX 884-S723 FINANCB & urrun BILLING - FAX 887-4813 MAYOH'S OFFICE _ FAX 884./1119 SEP 13 '06 11:51 PAGE. 01 . Sep,13. 2006 10:23AM No. 5634 P, 2 does not allow the "disputed" collector roadway then the opportunity for a signal between Victory Road and Overland Road will bE) lost. Therefore, the City respectfully requests that ACHD reconsider their action regarding this project and allow Ii public (collector) roadway to be constructed within the subject development to Meridian Road (SH~69). As it is my understanding that the request for reco:tisideration is not open for public input, City Staff will not be present during the September 13th AClID Commission hearing. However, once a hearing date is established, City staff will be present to fonnally present the basis for this request and answer any questions that may arise. " Anna Borchers Canning, Planning Director Attachments: Letter from the Idaho Transportation Department Cc: Matt Schultz, RMR. Consulting, Inc. Gary Inselman, ACED ROWIDS ManagCT Bruce Mills, ACHD Deputy Director of Technical Services Shepherd Creek Subdivision File SEP 13 '136 11:51 PAGE. 132 . Sep,13, 2006 10:23AM TRANSPORTAnONBQARD Frank Bruneel Chalrm"n John X. Combo Woo ClJslrmlJn Dlstriot e John McHugh District 1 Bruce Sweeney District 2 Monte McClure District 3 Gary Blick Dlstriot 4 Nell Miller Dlstriot 5 David Ekern, P.E, Dln;o/Qf Sue Higgins 8081'd $fJCf8!arjl No. 5634 P. 3 IDAHO TRANSPORTATION DI!PARTMI!NT P.O. &x 8028 Boise, 10 83707-2028 II,}" (208) 334.8300 Itd.idaho.gov August 31,2006 City of Meridian 33 East Idaho Avenue Meridian, ID 63642 Attn: Will Berg' Fax: (208) 884-8119 Re: Preliminary Plat State Highway 69 (Meridian Rd) Location: 2475 S. Meridian Rd Applicant # MI 06-004 & PP 06-040 Valley Shepherd Church and Shepherd Creek Dear Mr. Berg: The Idaho Transportation Department (lTD) appreciates the opportunity' to comment on the above referenced application. Comments: o This site is located adjacent to the State Highway 69. o ITD supports the City's proposal for a collector road connection at the half mile location, and future signalization at the location, as warranted, and as funding allows. o This proposal should be contingent upon the City's commitment to require the realignment of Roslyn Court as redev9,lopment occurs at that site, o We would also like agreement, if Informal, between ITD, ACHD and the City of Meridian that no other signals between Victory and Overland roads would be proposed. o Should an accident history develop at the intermediate intersections, a median to restrict movements would be constructed (as funding allows) to resolve safety problems. o Good connectivity should be required to allow good access to the potentIal signal location from properties in the sub-area. Contacts Sue Sullivan Kevin Sablan Matt Ward Senior Planner Traffic Engineer Permits Coordinator 334.6955 334-8340 334~8341 Sincerely, Sue Sullivan Senior Planner SEP 13 '06 11:51 PAGE. 03 IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 Boise, 10 83707-2028 (208) 334-8300 itd.idaho,gov August 31, 2006 '~ECEIVED SEP -- 7 2006 City of Meridian 33 East Idaho Avenue Meridian, 10 83642 - Attn: Will Berg City of Meridian Gly Clerk office Fax: (208) 884.8119 Re: Preliminary Plat State Highway 69 (Meridian Rd) Location: 2475 S. Meridian Rd Applicant # MI 06-004 & PP 06-040 Valley Shepherd Church and Shepherd Creek Hearing: September 12, 2006 Dear Mr. Berg: The Idaho Transportation Department (ITD) appreciates the opportunity to comment on the above referenced application. I am unsure if the our previous letter was mailed, so apologies if this is a duplicate. Comments: o This site is located adjacent to the State Highway 69. o ITD supports the City's proposal for a collector road connection at the half mile location, and future signalization at the location, as warranted, and as funding allows. o This proposal should be contingent upon the City's commitment to require the realignment of Roslyn Court as redevelopment occurs at that site. o We would also like agreement, if informal, between ITD, ACHD and the City of Meridian that no other signals between Victory and Overland roads would be proposed. o Should an accident history develop at the intermediate intersections, a median to restrict movements would be constructed (as funding allows) to resolve safety problems. o Good connectivity should be required to allow good access to the potential signal location from properties in the sub-area. Contacts Sue Sullivan Kevin Sablan Matt Ward Senior Planner Traffic Engineer Permits Coordinator 334-8955 334-8340 334-8341 Sincerely, ~- ~I/I IN-' Sue Sullivan Senior Planner TRANSPORTA11ON BOARD Frank Bruneel .' Chairman John X, Combo Wee Chairman District 6 John McHugh District 1 Bruce Sweeney District 2 Monte McClure District 3 Gary Blick District 4 Neil Miller District 5 David Ekern, P.E Director Sue Higgins Board Secretary IDAHO TRANSPORTATION DEPARTMENT P.O. Box 8028 Boise, 10 83707-2028 (208) 334.8300 itd.idaho.gov August 31, 2006 City of Meridian 33 East Idaho Avenue Meridian, 1083642 Attn: Will Berg RECEIVED -.., I"~ ;. ij h l..!OGS Fax: (208) 884-8119 C.ity of Meridian CIty Clerk Office Re: Preliminary Plat State Highway 69 (Meridian Rd) Location: 2475 S, Meridian Rd Applicant # MI 06-004 & PP 06-040 Valley Shepherd Church and Shepherd Creek Dear Mr. Berg: The Idaho Transportation Department (ITD) appreciates the opportunity to comment on the above referenced application. Comments: o This site is located adjacent to the State Highway 69. o ITD supports the City's proposal for a collector road connection at the half mile location, and future signalization at the location, as warranted, and as funding allows. o This proposal should be contingent upon the City's commitment to require the realignment of Roslyn Court as redevelopment occurs at that site. o We would also like agreement, if informal, between ITD, ACHD and the City of Meridian that no other signals between Victory and Overland roads would be proposed. o Should an accident history develop at the intermediate intersections, a median to restrict movements would be constructed (as funding allows) to resolve safety problems. o Good connectivity should be required to allow good access to the potential signal location from properties in the sub-area. Contacts Sue Sullivan Kevin Sablan Matt Ward Senior Planner Traffic Engineer Permits Coordinator 334-8955 334-8340 334-8341 Sincerely, ~ ~11~lf-r-- Sue Sullivan Senior Planner RE~ CEIVED 'III DAVID ZAREMBA 2540 N. CROOKED CREEK WAY MERIDIAN, IDAHO 83646-3968 GffY OF MERIDIAN "'TTV ('I ~Rl{ nr'::Cfl'!= ',_" L____ . . ,-..,", , '-.,..".... August 18, 2006 Honorable Commissioners Ada County Highway District 3775 Adams Street Garden City, Idaho 83714 Re: Meridian Application MI 06-004 and PP 06-040 Shepherd Creek Subdivision, 2 . en Ian Road Scheduled for ACHD Hearing on September 6, 2006 Dear Commissioners, These applications were scheduled for Meridian Planning and Zoning Commission Public Hearing on August 17, 2006, and have been continued to September 21, 2006, pending your action at your hearing. During an earlier P&Z Public Hearing for voluntary Annexation of the subject property into the City of Meridian, the provision of a Collector roadway, intersecting Meridian Road at the half-mile, was a topic of thorough discussion. While roadways are decided by ACHD, the proposed existence of this Collector was an important element in considering the Annexation. It is unclear why the current application shows this Collector as "disputed". I do not recall any doubt that the roadway was offered and accepted as a required part of any future land use. I urge you not to give ACHD approval to the current application unless the Collector road is required. Based on the Annexation discussion, I believe the land use is unlikely to gain Meridian P&Z Commission approval without the Collector. Thank you for your consideration of this matter. f)rYS~ David Zaremba Planning and Zoning Commissioner City of Meridian cc: Caleb Hood ~ Will Berg Sharon Smith From: Sent: To: Subject: Will Berg Monday, August 21, 2006 8:52 AM Sharon Smith; Tara Green FW: Bear Creek subdivision -----Original Message----- From: Peggy Gardner Sent: Monday, August 21, 2006 8:50 AM To: Tammy de Weerd Cc: Clerks Subject: FW: Bear Creek subdivision Addressed to Mayor. I also forwarded to the Clerks' Office. Peggy Administrative Secretary to Mayor Tammy de Weerd City of Meridian Phone 884~2468 ext. 204 -----Original Message----- From: Tracy and Sara Tatom [mailto:tstatom@mybearcreek.com] Sent: Sunday, August 20, 2006 6:52 PM To: Peggy Gardner Cc: Shaun Wardle; Keith Bird; Joe Borton; rountree@merdiancity.org Subject: Bear Creek subdivision Mayor de Weerd, Thank you very much for your service to our beautiful city, Meridian is truly a fantastic place to live. I know you are a very busy person but I hope you can take a short time to read my e- mail regarding the new "Shepherd's Creek Subdivision" that is going in just East of the "Bear Creek Subdivision". As you know, the Bear Creek subdivision was one of the first "high end" subdivisions in the immediate Meridian area. It continues to maintain high property values and from my perspective, is a great subdivision to live in. I am concerned about the proposal to route traffic through our subdivision to the Shepard's Creek Subdivision. This will bring a lot of traffic through our streets that have many children playing that could get injured. With the quantity and price of lots, in my opinion, there is no way it won't drive our property values down. My main concern is the traffic routing. I am concerned that a subdivision is being approved directly next to us with very small lower end lots. The folks in this subdivision will not have the same level of amenities that we have and therefore, they will spillover into our subdivision and provide increased foot traffic. I am planned to attend the rescheduled meeting on the 7th of September to voice my concerns in person but I know the agenda will probably be quite full so I wanted you to be aware, ahead of time. Thank you all for your consideration in advance. Tracy Tatom 573 W. Kodiak Drive Meridian, Idaho 83642 tstatom@mybearcreek.com 1 August 14, 2006 MERIDIAN PLANNING & ZONING MEETING M106-004 August 17,2006 APPLICANT Valley Shepherd Church of the Nazarene & Shepherd Creek LLC ITEM NO, 12 REQUEST Public Hearing - Mofidication to the DA between City of Meridian & Valley Shepherd Church of the Nazarene to allow a residential subdivision & a church on 32.45 acres for Shepherd Creek Subdivision - 2475 S, Meridian Road AGENCY COMMENTS CITY CLERK: See PP Packet I Numerous Comments CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: C on+. pi iL 1-0 0-- 2(-o'~ CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: Affidavit of Posting in PP Packet OTH ER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian, -.;. 0.-- (:.,,2-\ , AFFIOA VIT OF POSTING RECE~)~En //".;-/":" .' .... . -'''l-'-''y' r"- 1\''iI=I~)'OIA~< (,,, ! /ur IV,L.. \1 . '......rIX/;-..1 r::RK (""!=-~CII"""!= .. ,,/t"_" '-",'.___1__ " . \---" '...'- ~_Rf~ (J E ~rV]~:~""X STATE OF IDAHO ) ) ~ ) Gj'r-~" C, c ~, i) r..= l)~~) i j'~)' I b II , ,... l I \I ~ !,_. \. _ j ~\ I ,~ COUNTY OF ADA :......'Tv 1-'1 ,CP'" ri":':ir-'I'''' ... > ~ '. .'.'., '... ." (\ , .! , . '.. -. I, Mike Arnold (name) Premier Signs, Inc, 2100 E Fairview Avenue, Suite 7 (address) 855-0380 (phone) Meridi~n (city) Idaho (state) , being first duly sworn upon oath, depose and say: I personally posted the subject property with the hearing notice sign 10 days prior to the public hearing for the Preliminary Plat & Revised Development Agreement for Shepherd Creek Subdivision. 55 Residential Lot$;, 1 Church Lot, & 7 common lot$; on 32.45 acres in exi~ting R-8 zone. Dated this 21 st day of AUQust ,2006 ~~i9f!:;# SUBSCRIBED AND SWORN to before me the day and year first above written, /'J _. ....'" ""'" ,// /' d~~' .- ....\\ '" ": . .--' .? .' " .......:c.~MQ "" (f,u/~"C-j~: /0d -Le./{./ ...... ~~ I".n.', t ! '4' )' . '\ Not~~ PuQ!i.~r Idaho '. ? ' p.. _ lo"iJl C) ~ ~ Residing at j~I.f4f'cka~ :: 0 sO. _ '!( = ~ \\\~. ~~~ e.! My Commission Expires: '7,26"<' {J 7 ,,' ..... '..Ie." '" ""n.............. g- ...... "" ,"'. ,'" ""I, 81,... \\" """.." U\\\\ Master\affid-posting 1 ~~ g-n AFFIDAVIT OF POSTING .'l{""';" -lT~i,-:, t-; -l~', I-' r'~\l--~ _~\__ L...!__ '/ D~ ! ~ , . . . " ",.,'" 0 3 2006 I:...'. ~ ,. '1. /, \........" . (.~;'.,l~\/ r""') 1= ~. 11 c: P I' D I A 1\' _ ~ ~ '<...., '\(.1."_ _ " I." r. ..'.."'" f 1 ,. \/" I":~. i F P ;,.( ,~! 1= ~': : I,-~- r-- . , ' stATE OF IDAHO ) ) 9 COUNTY OF ADA ) I, Mike AVlpld, (name) Premiet Signs, Inc, 2100 E. Fairview Avenue, Suite 7 855-0380 , (add~ss) (phone) Meridia~ . '(city) , Idaho (state) I being first duly sworn upon oath, depose and say: I personall~ posted the su ~ect property with the hearing notice sign 10 days prior to the public hearing for: tllte' .. , , : i .. . .Y~g A1'lI:ronA- Dated this , : 31 st. day ojf July I 2006 ~~/ :ignature) SUBSCRIBED ANq SWORN to before me the day and year first above written. My Commission Expires: ,/ - .;z 9-.oy , MasterWfid-posting " 1 ".r. i ~\ \1 Joint School District No.2 911 Meridian Road · Meridian, Idaho 83642 · (208) 855-4500 · Fax (208) 888-6700 SUPERINTENDENT Dr. Linda Clark July 31, 2006 City of Meridian 660 E. Watertower Lane Suite 202 Meridian, ill 83642 Dear Plamters: The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. Approval of the Shepard Creek Subdivision will have a significant impact on school enrollments at Mary McPherson Elementary. Lake Hazel Middle and Mountain View High School. We can predict that these homes, when completed, will house sixteen (16) elementary aged children, fifteen (15) middle school aged children, and thirteen (13) senior high aged students. Additional students will further compound the current overcrowded situation. Residents Camtot be assured of attending the neighborhood school, as it may be necessary to bus students to other schools across the district. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. If you have any questions, please contact me at 855-4500. iJ:~'f#Ifi~~) Wendel Bigham Building & Construction Manager rf. Cl g:;'l'::~~ CENTRAL DISTRICT HEALTH DEPARTMENT WI1EALTH _-;,,~ Environmental Health Division DEPARTMENT ..... ~:r\:-; ~J ..... e,\-"-;\- ~):) / '; \'~'So;.;, Rezone #).. 1 ~ ,,- , j"" . . \\\\.. ",~,\<,,~J;0.~\';'(Ml (p 0 LI Conditional Use.itr _ ,; \t'-':f:~V:)'C'<-'"-- 0 - 0 Preliminary / FIiJ~~rtplat pp Of&. -O'lD -r\.~' ' She.f'ke-J &'UlL 'S vitJd;v,');o v, ,:-.' -'----. -- Return to: o Boise DEagle o Garden City ~eridian o Kuna OACZ m _.~ -Qs~r:, Le 01. 02. 03. 04. 05. Os. .: :):., .~L I' We have No Objections to this Proposal. We recommend Denial of this Proposal. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. We will require more data concerning soil conditions on this Proposal before we can comment. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: o high seasonal ground water 0 waste flow characteristics o or bedrock from original grade 0 other This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. After writ~n~proval from appropriate entities are submitted, we can approve this proposal for: ..esJ central sewage 0 community sewage system 0 community water well o interim sewage ~tral water o individual sewage 0 individual water ~9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division ~ronmental Quality: ...-m central sewage 0 community sewage system 0 community water o sewage dry lines ~tral water a1 O. Run-off is not to create a mosquito breeding problem. 07. -~. o 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. o 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. o 13. We will require plans be submitted for a plan review for any: o food establishment 0 swimming pools or spas o beverage establishment 0 grocery store o 14. Please see attached stormwater management recommendations 015. o child care center Date: 1 15726-001 EH0904 Review Sheet 7-+U~UU -H- L/ 2715 5 Hibernation Place Meridian, ID 83642 August 7, 2006 RECEIVED AUG 0 8 2006 Oty Oerk's Office 33 E Idaho Ave Meridian, ID 83642 CC: Mayor Tammy de Weerd & the Meridian City Council City of Meridian City Clerk Office Dear Commission: When I was in the process of buying my home in Bear Creek, less than one year ago, I was informed that only a church was going to be built on that land. I was concerned that my view was going to be protected, but more impDrtantty, J was concerned that my property value would be protected. Now, I'm facing losing my view and my property value as town homes do not fit in with the standard of both Bear Creek and Bella Vista. Furthermore, now I have just learned that my child's safety is at stake since these new homes will be driving through where she plays. All of the homeowners in this area are used to using extreme caution when coming through this area. At times there are as many as 3S children playing at the end of Bear Track, where the road currently stops (near Hibernation Place). These children have grown to be comfortable playing in this safe street, as most of them are too young to go to the park by themselves. The parents in this area cannot watch their kids consbmtly (as they will need to if you allow traffic through this area) as many of us work from our homes. Now there may be as many as SSO more vehide trips weaving through our children!? The odds are against our children. One of them is going to get hurt if you allow traffic through this area. I am also quite mncemed about the density of tros "blockn from Meridian to Stoddard, and Victory to Overland. Bella Vista residents haven't even moved in yet and already the traffic at Overland and Meridian is maxed out. Just imagine how crazy and congested it's going to be when you allow these additional new homes for Shepherd's Creek Subdivision to be built. Our infrastructure can't support it. Meridian road and especially the int.erseclions at Over1and &. Meridian and at VJCtDry and Meridian need to be expanded. For instance, now we'll need a light at Victory and Meridian. As it is right now, without the presence of the Bella Vista residents, cars back up there, waiting and waiting to be able to make a safe turn. Not only will our safety be jeopardiZed if you allow this new subdivision, but our peace of mind. I personally moved here to get away from traffic. Traffic in Meridian has been increasing drastically, and already I'm starting to get agitated just doing errands. This agitation times nearly 100,000 residents spells trouble. Let us continue to enjoy IMng in Meridian. Please don't tum Meridian Into california! Development is good, but too much is disaster. Please, please don't allow this subdMsion to be built, at least not until our Infrastructure can support it around all of Meridian, not just at this already dense block. And please, please do not allow cars to drive through our children's playground. Thank you. I will not be able to be at the meeting as I will be out of town, recovering from surgery. Please let this letter be my voice. Best wishes, ~ Carolyn Smith Mother and Resident of Bear Creek Subdivision , . .._rm.. '"." __ ..n_. _"."..r','"", .~......" ,..., ..... . .... .. . .n.__ RUG 08 '06 06:52 .n ,. . __... ACALL n^~. n~ ** TX CONFIRMATION REPORT ** AS OF RUG 10 '06 14:17 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD*l STATUS 10 08/10 14:08 PUBLIC WORKS EC--S 01'40" 005 169 OK La.~v.L 11 08/10 14:108848723 EC--5 01'43" 005 169 OK 12 08/10 14:13 P-AND-Z EC--S 01'39" 005 169 OK Acl-\b ~V. ~(v, 13 08/10 14:15 208 387 6393 EC--S 01'39" 005 169 OK -------------------------------------------------------------------------------------------- 2631 S. Hibernation PI. Meridian, Idaho 83642 August 9, 2006 RECEIVED Tammy de Weard. Mayor City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 A.UG i 1.'1 2008 City of Meridian City Clerk Office Dear Mayor de Weerd, Subject: Application Ml 06-004 - Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC for a Modification of the Development Agreement between the City of Meridian and Valley Shepherd Chmch of the Nazarene As taxpayers, voters, and residents of Bear Creek Subdivision (Bear Creek) which is located immediately adjacent to the proposed Shepherd's Creek Subdivision we oppose the above application for approval. We request that you and the City Council give serious consideration to issues involving this p!Oposed development and vote in opposition to the application for Modification of the Development AgreetI\em (MI 06- 004) between the City of Meridian and Valley Shepherd Church of the Nazarene for the approval of the application (pP 06.040) for 5S residential, 7 common lots, and 1 ildditionallot on 32.45 acres for Shepherd Creek Subdivision located at 2475 S. Meridian Road. The proposed development \\ill rely for the most part on the infrastructure ofl:Jear Creek for access to primary roads and to Bear Creek Park, utilizing pedestrian walkways, lighting, and green space which is maintained through fees paid by the Bear Creek Home Owner's Association. Unfortunately, our residence is located on one of the primary access roUteS to Stoddard Road and will be directly impacted by the traffic from this development. We implore you and the Council as our elected officials to consider the following issues! impacts and address each issue prior to application approval: I. Access Issues · Vebicular TraJTac: - The traffic, estimated at SSO vehicle trips per day will add significantly more tIaffic to already congested roads. The burden for most of the traffic will be on Bear Creek roads and will create even more congestion on Stoddard and Overland Roads. These roads are aheady taxed and soon to be taxed even more when Bear Creek West is completed. 1 2631 S. Hibernation PI. Meridian, Idaho 83642 Augm;t 9,2006 RECEIVED Tammy de Weerd, Mayor City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 A'IG C !'i 200' .U 1 1 ,_ b City of Meridian City Clerk Office Dear Mayor de Weerd, Subject: Application MI 06~004 - Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC for a Modification of the Development Agreement between the City of Meridian and Valley Shepherd Church of the Nazarene As taxpayers, voters, and residents of Bear Creek Subdivision (Bear Creek) which is located immediately adjacent to the proposed Shepherd's Creek Subdivision we oppose the above application for approval. We request that you and the City Council give serious consideration to issues involving this proposed development and vote in opposition to the application for Modification of the Development Agreement (MI 06- 004) between the City of Meridian and Valley Shepherd Church of the Nazarene for the approval of the application (PP 06-040) for 55 residential, 7 common lots, and 1 additional lot on 32.45 acres for Shepherd Creek Subdivision located at 2475 S. Meridian Road. The proposed development will rely for the most part on the infrastructure of Bear Creek for access to primary roads and to Bear Creek Park, utilizing pedestrian walkways, lighting, and green space which is maintained through fees paid by the Bear Creek Home Owner's Association. Unfortunately, our residence is located on one of the primary access routes to Stoddard Road and will be directly impacted by the traffic from this development. We implore you and the Council as our elected officials to consider the following issues! impacts and address each issue prior to application approval: 1. Access Issues . Vehicular Traffic - The traffic, estimated at 550 vehicle trips per day will add significantly more traffic to already congested roads. The burden for most of the traffic will be on Bear Creek roads and will create even more congestion on Stoddard and Overland Roads. These roads are already taxed and soon to be taxed even more when Bear Creek West is completed. 1 · No alternate routes/outlets to primary roads - The development provides no outlet to alternate routes to aid in alleviating congestion in the subdivision and to the two primary roads (Stoddard/Overland) that serve as outlets for Bear Creek. The development needs to address traffic issues by providing direct access to Victory Road which would offer an alternate route, easing traffic on Stoddard and Overland. It was our understanding that a traffic light will be installed at Victory in the near future (Matt Shultz, Project Coordinator for Shepherd's Creek LLC advised at the neighbor hood meeting that a traffic light would be installed on Victory Road) which is an even greater reason to provide a more direct alternate route. A redesign of the subdivision roads to provide an outlet on the Church's access road to Alfani Way (access to Victory) or to Mastera which fronts on Meridian Road would be a good alternative solution. It would be an admirable gesture on the Church's part to provide this access for alleviating additional congestion that is being created by the proposed subdivision (land sold to Shepherd's Creek LLC by the Church). In addition, Church traffic is typically at its peak on Sunday which is a non-work day, thus traffic conflicts should not be at issue. · Construction Traffic - Construction traffic, dust, dirt, trash, etc., is a serious concern. Construction access should be provided through an alternate route not through Bear Creek subdivision. Access via the Church and off Meridian Road should be provided to minimize impacts to homeowners in the subdivision. · Fire and Emergency Vehicles - A very serious issue is the lack of direct access to the subdivision from a primary road for fire and emergency purposes. This requires that safety and emergency vehicles meander through Bear Creek or Belimissa subdivisions to provide emergency services. A more direct route along the Church access road directly to the proposed subdivision is a small request when considering the loss of a life due to a poorly designed access for the gain of a few additional dollars. · Safety of Bear Creek Residents/Children - There are a significant number of small children (approximately 100 under the age of 8) that live along Bear Track, Bear Claw Way, Alaska Way, and Hibernation PI., and for their protection and safety, traffic should be minimized. 2. Land Use & Density Meridian Comprehensive Plan denotes the land use for the Church property as Public/Quasi Public (page 97 of June 2006, Meridian Comprehensive Plan) - The Comprehensive Plan guidance states: "Redevelopment of this we of area is to be 2Uided bv the intensity of the existine use. the underlvine zonine of the property. the surroundineland uses. the location of the property. and transportation issues associated with the proposed development of the' property. "(page 106 of June 2006, Meridian Comprehensive Plan) 2 Proposed density is 55 homes on 12 acres or approximately 4.6 homes per acre, doubling the adjacent density of Bear Creek which is approximately 2.6 homes per acre (354 homes on 133 acres). Transportation/access is a key issue - use of Bear Creek roads for access and no proposed direct access to a primary road. A lower density of 3 homes per acre would lessen impacts on traffic and emergency services. The present land use of this property is Public/Quasi public, which would be considered one step lower than the current land use surrounding the site, thus the redevelopment and rezoning should only permit a rezone to low density (one step above public/quasi public designation as stated in the Meridian Comprehensive Plan). This would be consistent with the low density of the adjacent Bear Creek neighborhood. 3. LotIHome Values The increased density, small lots, and patio homes negatively impact the values of the residences in Bear Creek. The residents who have purchased homes in Bear Creek have put forth a significant investment, thus paying sizeable taxes to the City of Meridian. Homes in areas with low density, parks, and green space are valued higher than homes with high density, and minimal "useable" green space. To maintain property values in Bear Creek the density and related amenities of Shepherds Creek should be consistent and lotslhome values should be equal to or more than those in Bear Creek. 4. Drainage Bear Creek is lower in elevation than the adjacent property. Need assurances and site, drainage plans that address drainage containment within the Shepherd's Creek Development. 5. Open Space/Parks The proposed open space is minimal and the areas that are proposed are virtually unusable space that cannot be developed with the exception of one which is a minimually usable narrow strip ofland. If the space were one contiguous green space than value as open space is added, however, as proposed there is limited to no added value. It would appear that the 55 homes/residents of this development will rely solely on the amenities of Bear Creek, including walkways, lighting, green space, roads, etc., while not contributing added value. The residents of Bear Creek pay annual association fees to maintain the public spaces within the development. Shepherd's Creek residents will pay nothing to support or maintain the access routes, green spaces, street tree plantings, etc., that they will use to access Bear Creek Park through Bear Creek Subdivision. If Shepherd's Creek is to add usable value then the common lots or "green space" needs to be located in the center of the development and offer amenities that are usable by the public, e.g., a one acre play area for children or a small usable park, not just un- developable leftovers. 3 6. Covenants, Conditions, and Restrictions (CCRS) Bear Creek is a planned community with CCRS in place designed to protect investments and the integrity of the development. These covenants include property maintenance and improvements, association dues, on-street parking restrictions, and that cars, trailers, campers, boats, etc., be stored behind fenced areas or garages. With the direct proximity of Shepherd's Creek to Bear Creek the proposed development should be required to have similar association covenants and contribute to the association dues and maintenance of the area, especially as they will use Bear Creek amenities to gain access to Bear Creek Park. Bear Creek Residents should not be expected to bear the burden of providing amenities for the Shepherd's Creek development. 7. Transitional and Street Tree Plantings There are no apparent transitional plantings on streets that tie to Bear Creek, nor are there street tree plantings or landscaped medians such as exist in Bear Creek. If property values are to be protected then at a minimum, these elements need to be required for the proposed development. We are very concerned about the Shepherd's Creek development as currently proposed and request that you and the Council give careful and informed consideration to the issues defined in this letter and do not approve the application until these issues have been addressed. Thank you for this opportunity to provide comment and input on the proposed Shepherd's Creek Application. Shaun War President, City Council City Hall 33 E. Idaho Ave. Meridian, ill 83642 Keith Bird City Council Member City Hall 33 E. Idaho Ave. Meridian, ID 83642 4 Joe Borton City Council Member City Hall 33 E. Idaho Ave. Meridian, ID 83642 Charlie Rountree City Council Member City Hall 33 E. Idaho Ave. Meridian, ID 83642 5 Page 1 of 1 Sharon Smith From: Peggy Gardner Sent: Monday, August 14, 2006 8:41 AM To: Tammy de Weerd Cc: Clerks Subject: FW: Shepherd's Creek Subdivision Importance: High RECEIVED AUG 1 ~. 2006 Received Sunday night. PEGGY Administrative Secretary to Mayor Tammy de Weerd City of Meridian Phone 884.2468 ext. 204 City of Meridian City Clerk Office From: Michael Steege [mailto:michael_steege@yahoo.com] Sent: Sunday, August 13, 2006 8:59 PM To: Peggy Gardner Cc: Shaun Wardle; Keith Bird; Joe Borton; rountree@meridiancity.org Subject: Shepherd's Creek Subdivision Dear Mayor Tammy de Weerd, I recently learned Shepherd's Creek Subdivision will not exit onto Meridian road but will go through Bear Creek Subdivision instead. The subdivision currently has no planning for the same covenants or open space requirements Bear Creek has and therefore it will not maintain the look or feel of a homogeneous neighborhood. I am most upset that the traffic will funnel through Bear Creek causing even more traffic density, hazards and construction traffic in a neighborhood fin all)': seeing the end of the construction traffic and higher traffic volume. Please do everything in your power to prevent this situation with particular attention to the traffic exit and mandating financial support for similar ground's maintenance standards. Thank you for your valuable time. I am copying the other members of the City Council to enlist their help/attention also. Sincerely, Michael and Shannon Steege (Bear Creek Subdivision homeowners) 8/14/2006 Sharon Smith From: Sent: TD: Tara Green Thursday, August 10, 2006 3:36 PM Anna Canning (canninga@meridiancity.org); Craig Hood (E.mail); Justin Lucas (Iucasj@meridiancity.org); Amanda Hess (hessa@meridiancity.org); Jennifer Veatch; Ted Baird; Bill Nary Sharon Smith; Machelle Hill FW: SHEPHERD'S CREEK SUBDIVISION Cc: Subject: -----Original Message----- From: Peggy Gardner Sent: Thursday, August 10, 2006 3:35 PM To: Tammy de Weerd Cc: Clerks Subject: FW: SHEPHERD'S CREEK SUBDIVISION RECEIVED AUG 1 0 2006 City of Meridian City Clerk Office FYI I printed this for the Mayor. Peggy Administrative Secretary to Mayor Tammy de Weerd City of Meridian Phone 884-2468 ext. 204 -----Original Message----- From: PatrickRobinson@BC.com [mailto:PatrickRobinson@BC.comJ Sent: Thursday, August 10, 2006 11:00 AM To: Peggy Gardner; Shaun Wardle; Keith Bird; Joe Borton; rountree@meridiancity.org Subject: SHEPHERD'S CREEK SUBDIVISION I am a resident of Bear Creek Subdivision and am concerned with what I'm hearing in regards to the new development planned next to Bear Creek. This higher density development will greatly impact the traffic through Bear Creek Subdivision. Bear Creek allowed for less than 3 homes per acre. The information I have received shows Shepherds Creek at approximately 6 homes per acre. Since I will be out of town for business during the scheduled August 17th meeting, I wanted to express my concerns. Lower property values, increased traffic and increased use of Bear Creak amenities are a great concern for myself and many of my fellow neighbors. Please consider this when you decide how many houses you will allow per acre. Regards, Patrick Robinson, CTP* Marketing and Customer Service Coordinator Boise Cascade Trucking 800-641-6995 EXT#l PATRICKROBINSON@BC.COM 1 Page 1 of 1 Will Berg From: Peggy Gardner Sent: Monday, August 14, 2006 8:41 AM To: Tammy de Weerd Cc: Clerks Subject: FW: Shepherd's Creek Subdivision Importance: High RECEIVED AUG J 4: 2fl06 8.ifY of -,-'11" ;-", d . 1 Y Cler,k. ()ffi~~ Received Sunday night. PEGGY Administrative Secretary to Mayor Tammy de Weerd City of Meridian Phone 884-2468 ext. 204 From: Michael Steege [rnailto:michaeLsteege@yahoo.com] sent: Sunday, August 13, 2006 8:59 PM To: Peggy Gardner Cc: Shaun Wardle; Keith Bird; Joe Borton; rountree@meridiancity.org Subject: Shepherd's Creek Subdivision Dear Mayor Tammy de Weerd, I recently learned Shepherd's Creek Subdivision will not exit onto Meridian road but will go through Bear Creek Subdivision instead. The subdivision currently has no planning for the same covenants or open space requirements Bear Creek has and therefore it will not maintain the look or feel of a homogeneous neighborhood. I am most upset that the traffic will funnel through Bear Creek causing even more traffic density, hazards and construction traffic in a neighborhood finally seeing the end of the construction traffic and higher traffic volume. Please do everything in your power to prevent this situation with particular attention to the traffic exit and mandating financial support for similar ground's maintenance standards. Thank you for your valuable time. I am copying the other members ofthe City Council to enlist their help/attention also. Sincerely, Michael and Shannon Steege (Bear Creek Subdivision homeowners) 8/14/2006 Page 1 of 1 Sharon Smith From: Sharon Smith Thursday, August 10, 2006 2:02 PM Barbara Shiffer; C. Caleb Hood; Will Berg; Tara Green; Machelle Hill; Laura Masonholder; Michelle Albertson; Ted Baird; Bill Nary; Mike Cole; Karie Glenn Subject: Shepherd Creek Subdivision comments / petition Attachments: Shepherd Creek Subdivision.pdt Sent: To: This is on Aug 17th P & Z Comm. Thanks! Sharon Smith Sr. Deputy City Clerk Meridian City Clerks Office Phone 208.888.4433 8/1 0/2006 Bear Creek Homeowners Association 2640 S. Bear Claw Way Meridi~ ID 83642 RECEIVED AUG i 0 200b August 9, 2006 City of Meridian Oity Clerk Office Tammy de Weerd, Mayor City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Dear Mayor de Weerd, Subject: Application MI 06-004 - Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC for a Modification of the Development Agreement between the City of Meridian and Valley Shepherd Church of the Nazarene This letter transmits a petition signed by 234 taxpayers, voters, and residents of Bear Creek Subdivision (Bear Creek), located within the city limits of Meridian, Idaho who oppose the above application. These individuals request that you and the City Council give serious consideration to issues involving this development and vote in opposition to the application for Modification of the Development Agreement (MI 06-004) between the City of Meridian and Valley Shepherd Church of the Nazarene for the approval of the application (pP 06-040) for 55 residential, 7 common lots, and I additional lot on 32.45 acres for Shepherd Creek Subdivision located at 2475 S. Meridian Road. The proposed development will rely for the most part on the infrastructure of Bear Creek for access to primary roads and to Bear Creek Park; utilizing pedestrian walkways, lighting, and green space which is maintained through fees paid by the Bear Creek Home Owner's Association. We implore you and the Council as our elected officials to consider the following issues/ impacts and address each issue prior to application approval: ISSUES: 1. Access Issues . Vehicular Traffic - The traffic, estimated at 550 vehicle trips per day will add significantly more traffic to already congested roads. The burden for most of this traffic will be on Bear Creek roads and will create even more congestion on Stoddard and Overland Roads. These roads are already taxed and soon to be taxed even more when Bear Creek West is completed. . No alternate routes/outlets to primary roads - The development provides no outlet to alternate routes to aid in alleviating congestion in the subdivision and to 1 the two primary roads (Stoddard/Overland) that serve as outlets for Bear Creek. The development needs to address traffic issues by providing direct access to Victory Road which would offer an alternate route, easing traffic on Stoddard and Overland. It was understood that a traffic light will be installed at Victory in the near future (Matt Shultz, Project Coordinator for Shepherd's Creek LLC advised at the neighborhood meeting that a traffic light would be installed on Victory Road) which is an even greater reason to provide a more direct alternate route. A redesign of the subdivision roads to provide an outlet on the Church's access Road to Alfani Way (more direct access to Victory) or to Mastera which fronts on Meridian Road would be a suitable alternative solution. It would be an admirable gesture on the Church's part to provide this access for alleviating additional congestion that is being created by the proposed subdivision (land sold to Shepherd's Creek LLC by the Church). In addition, Church traffic is typically at its peak: on Sunday which is a non-work day, thus traffic conflicts should not be at Issue. · Construction Traffic - Construction traffic, dust, dirt, trash, etc., is a serious concern. Construction access should be provided through an alternate route not through Bear Creek subdivision. Access via the Church access road and off Meridian Road should be provided to minimize impacts to homeowners in the subdivision. · Fire and Emergency Vehicles - A very serious issue is the lack of direct access to the subdivision from a primary road for fire and emergency purposes. This requires that safety and emergency vehicles meander through Bear Creek or Belimissa subdivisions to provide emergency services. A more direct route along the Church access road directly to the proposed subdivision is a small request when considering the loss of a life due to a poorly designed access for the gain of a few additional dollars. · Safety of Bear Creek Residents/Children - There are a significant number of small children (approximately 100 under the age of 8) that live and play along Bear Track, Bear Claw Way, Alaska Way, Grizzly, and Kodiak: and for their protection and safety traffic should be minimized I PROPOSED ACTIONS to address Access Issues: A. Reduce density to lower the number of vehicle trips per day B. Provide direct access to a primary road for access out of the proposed development C. Require a separate construction access D. Require direct access from primary roads for fire and emergency vehicles 2 2. Land Use & Density Meridian Comprehensive Plan denotes the land use for the Church property as Public/Quasi Public (Page 97 of June 2006, Meridian Comprehensive Plan). The Comprehensive Plan guidance states: "Redevelopment of this type of area is to be I!uided bv the intensity of the existine use. the underlvine zoniDS!: of the propertv. the surroundine: land uses. the location of the property. and transportation issues associated with the proposed development of the property. "(Page 106 of June 2006, Meridian Comprehensive Plan) Proposed density is 55 homes on 12 acres or approximately 4.6 homes per acre, doubling the adjacent density of Bear Creek which is approximately 2.6 homes per acre (354 homes on 133 acres). Transportation/access is a key issue - use of Bear Creek roads for access and no proposed direct access to a primary road. A lower density of 3 homes per acre would lessen impacts on traffic and emergency services. The present land use (as shown on page 97 of the Meridian Comprehensive Land Use Plan) of this property is Public/Quasi Public, which would be considered one step lower than the current land use surrounding the site, thus the redevelopment and rezoning should only permit a rezone to low density (one step above public/quasi public designation as stated in the Meridian Comprehensive Plan). This would be consistent with the lower land use and density of the adjacent Bear Creek neighborhood. I PROPOSED ACTIONS to address Land Use & Density: A. Judiciously apply City of Meridian Comprehensive Land Plan guidance on redevelopment carefully considering the intensity of the existing use, the underlying zoning, the surrounding land use, the location of the property, and transportation issues in the decision making process on the land use for this development. In consideration of this guidance and the adjacent land use, lower the land use/density from 4.6 to 3 homes per acre, consistent with the average overall land use of Bear Creek. 3. LotIHome Values The increased density, small lots, and patio homes negatively impact the values of the residences in Bear Creek. The residents who have purchased homes in Bear Creek have put forth a significant investment, thus paying sizeable taxes to the City of Meridian. Homes in areas with lesser density, parks, and green space are valued higher than homes with high density, and minimal ''useable'' green space. To maintain property values in Bear Creek the density and related amenities of Shepherds Creek should be consistent and lots/home values should be equal to or more than those in Bear Creek. I PROPOSED ACTIONS to address Lot/Home Values: A. Lower the density of Shepherd's Creek to be consistent with Bear Creek. B. Reconfigure and add "usable" green space 3 4. Drainage Bear Creek is lower in elevation than the adjacent property. Need assurances and site drainage plans that address drainage containment within the Shepherd's Creek Development. I PROPOSED ACTIONS to address Drainage: A. Require a drainage plan that addresses containment and management within the Shepherd's Creek Development 5. Open SpacelParks The proposed open space is minimal and the areas that are proposed are virtually unusable space that cannot be developed with the exception of one which is a minimally usable narrow strip of land. If the space were one contiguous green space than value as open space is added, however, as proposed there is limited to no added value. It would appear that the 55 homes/residents of this development will rely solely on the amenities of Bear Creek, including walkways, lighting, and green space, while not contributing added value. The residents of Bear Creek pay annual association fees to maintain the public spaces within the development. Shepherd's Creek residents will pay nothing to support or maintain the access routes, green spaces, street tree plantings, etc., that they will use to access Bear Creek Park through Bear Creek Subdivision. If Shepherd's Creek is to add usable value then the common lots or "green space" should be located in the center of the development and offer amenities that are usable by the public, e.g., a one acre play area for children or a usable small park, not just un- developable leftovers. I PROPOSED ACTIONS to address Open Space Issues: A. Require the redesign of open space/green space to a more central location and otTer amenities that are useable and offer added value to the public B. Lower density of development to allow for more functional/usable open space 6. Covenants, Conditions, and Restrictions (CCRS) Bear Creek is a planned community with CCRS in place designed to protect investments and the integrity of the development. These covenants include property maintenance and improvements, association dues, on-street parking restrictions, and that cars, trailers, campers, boats, etc., be stored behind fenced areas or garages. With the direct proximity of Shepherd's Creek to Bear Creek the proposed development should be required to have similar association covenants and contribute to the association dues and maintenance of the area, especially as they will use Bear Creek amenities to gain access to Bear Creek 4 Park. Bear Creek Residents should not be expected to bear the burden of providing amenities for the Shepherd's Creek development. I PROPOSED ACTIONS to address CCRS: A. Require CCRS for Shepherd's Creek that are equal to those for Bear Creek. B. Encourage Shepherd's Creek to establish an HOA or join the Bear Creek BOA and pay annual fees for upkeep and maintenance. 7. Transitional and Street Tree Plantings There are no transitional plantings on streets that tie to Bear Creek, nor are there street tree plantings or landscaped medians such as exist in Bear Creek. If property values are to be protected then at a minimum, these elements need to be required for the proposed development. I PROPOSED ACTIONS to address Street Tree Plantings: A. Require street tree and median plantings throughout the Shepherd's Creek subdivision. B. At a minimum require transitional street tree plantings on all outlet roads that reflect the adjacent character and quality of adjoining neighborhoods. The undersigned residents of Bear Creek are very concerned about the Shepherd's Creek development as currently proposed and request that you and the Council give careful and informed consideration to the issues defined in this letter prior to application approval. Thank you for this opportunity to provide comment and input on the proposed Shepherd' $ Creek Application. ~ Af~ l/Jtai/uu Kimberly Newell-LeMaster President, Bear Creek Homeowner's Association Enclosure RJE~ennJ8/9/06 5 cc: Shaun Wardle President, City Council City Hall 33 E. Idaho Ave. Meridian, ID 83642 Keith Bird City Council Member City Hall 33 E. Idaho Ave. Meridian, ID 83642 Joe Borton City Council Member City Hall 33 E. Idaho Ave. Meridian, ill 83642 Charlie Rountree City Council Member City Hall 33 E. Idaho Ave. Meridian, ID 83642 6 Petition - Shepherd's Creek Development July 31, 2006 Petition to deny application to the proposed Shepherd's Creek Subdivision Development until issues and concerns that impact adjacent properties are considered We, the undersigned, call on Mayor Tammy de Weerd and the City Council of Meridian, Idaho to address specific issues associated with the proposed Shepherd's Creek Subdivision (Shepherd's Creek) that directly impacts the public and homeowner's of Bear Creek Subdivision (Bear Creek), Meridian, Idaho. Whereas: 1. Access Issues · Vehicular Traffic - The traffic, estimated at 550 vehicle trips per day will add significantly more traffic to already congested roads. The burden for most of the traffic will be on Bear Creek roads and will create even more congestion on Stoddard and Overland Roads. These roads are already taxed and soon to be taxed even more when Bear Creek West is completed. · No alternate routes/outlets to primary roads - The development provides no outlet to alternate routes to aid in alleviating congestion in the subdivision and to the two primary roads (Stoddard/Overland) that serve as outlets for Bear Creek. The development needs to address traffic issues by providing direct access to Victory Road which would offer an alternate route, easing traffic on Stoddard and Overland. It was understood that a traffic light will be installed at Victory in the near future (Matt Shultz, Project Coordinator for Shepherd's Creek LLC advised at the neighbor hood meeting that a light would be installed on Victory Road) which is an even greater reason to provide a more direct alternate route. A redesign of the subdivision roads to provide an outlet on the Church's access road to Affani Way would be a good solution and an admirable gesture on the Church's part for alleviating additional congestion that is being created by the proposed subdivision (land sold to Shepherd's Creek LLC by the Church). In addition, Church traffic is typically at its peak on Sunday which is a non-work day, thus traffic conflicts should not be at issue. · Construction Traffic - Construction traffic, dust, dirt, trash, etc., is a serious concern. Construction access should be provided through an alternate route not through Bear Creek. Access via the Church and off Meridian Road should be provided to minimize impacts to homeowners in the subdivision. 1 Petition - Shepherd's Creek Development July 31, 2006 · Fire and Emergency Vehicles - A very serious issue is the lack of direct access to the subdivision from a primary road for fire and emergency purposes. This requires that safety and emergency vehicles meander through Bear Creek or Belissima Subdivisions to provide emergency services. A more direct route along the Church access road directly to the proposed subdivision is a small request when considering the loss of a life due to a poorly designed access for the gain of a few additional dollars. · Safety of Bear Creek Residents/Children - There are a significant number of small children (approximately 100 under the age of 8) that live and play along Bear Track, Bear Claw Way, Alaska Way, and Hibernation and for their protection and safety, traffic should be minimized. 2. land Use & Density · The Meridian Comprehensive Plan denotes the land use designation for the Church property as Public/Quasi Public (Pg. 97 of the June 2006, Meridian Comprehensive Plan). "Redeveloment of this type of area is guided by the intensity of the existing use, the underlying zoning of the property, the surrounding land uses, the location of the property, and transportation issues associated with the proposed development of the property." (Page 1 06 of June 2006, Meridian Comprehensive Plan). · Proposed density is 55 homes on 12 acres or approximately 4.6 homes per acre, doubling the adjacent density of Bear Creek which is an average of approximately 2.6 homes per acre (354 homes on 133 acres). Transportation/access is a key issue - use of Bear Creek roads for access and no proposed direct access to a primary road. A lower density of 3 homes per acre would lessen impacts on traffic and emergency services. · The present land use designation (as shown on page 97 of the Meridian Comprehensive land Use Plan) of this property is Public/Quasi Public, which would be considered one step lower than the current land use surrounding the site, thus the redevelopment and rezoning should only pennit a rezone to low density (one step above Public/Quasi Public designation as stated in the Meridian ComprehenSive Plan). This would be consistent with the lower land use and average density of the adjacent Bear Creek neighborhood. 3. Lot/Home Values · The increased density, small lots, and patio homes negatively impact the values of the residences in Bear Creek. The residents who have purchased homes in Bear Creek have put forth a significant investment, thus paying sizeable taxes to the City of Meridian. Homes in areas with lesser density, parks, and green space are valued higher than homes with 2 Petition - Shepherd's Creek Development July 31, 2006 high density, and minimal "useable" green space. To maintain property values in Bear Creek the density and related amenities of Shepherd's Creek should be consistent and lots/home value should be equal to or more than those in Bear Creek. 4. Drainage · Bear Creek is lower in elevation than the adjacent property. Need assurances and site drainage plans that address drainage containment within the Shepherd's Creek Development. 5. Open Space/Parks · The proposed open space is minimal and the areas that are proposed are virtually unusable space that cannot be developed with the exception of one which is a minimally usable narrow strip of land. If the space were one contiguous green space than value as open space is added, however as proposed there is limited to no added value. It would appear that the 55 homes/residents of this development will rely solely on the amenities of Bear Creek, including walkways, lighting, and green space, while not contributing added value. The residents of Bear Creek pay annual association fees to maintain the public spaces within the development. Shepherd's Creek residents will pay nothing to support or maintain the access routes, green spaces, street tree plantings etc. that they will use to access Bear Creek Park. If Shepherd's Creek is to add usable value than the common lots or "g'reen space" should be located in the center of the development and offer amenities that are usable by the public, e.g., a one acre play area for children or a usable small park, not just un..cJevelopable leftovers. 6. Covenants, Conditions, and Restrictions (CCRs) · Bear Creek is a planned community with CCRs in place designed to protect investments and the integrity of the development. These covenants include property maintenance and improvements, association dues, on-street parking restrictions, and that cars, trailers, campers, boats, etc. be stored behind fenced areas or garages, etc. With the direct proximity of Shepherd's Creek to Bear Creek the proposed development should also be required to have similar association covenants and contribute to the association dues and maintenance of the area, especially as they wiU use Bear Creek amenities to gain access to Bear Creek. Bear Creek Residents should not be expected to bear the burden of providing amenities for the Shepherd's Creek development. 3 Petition - Shepherd's Creek Development July 31, 2006 7. Transitional Plantings . There are no transitional plantings on streets that tie to Bear Creek Subdivision, nor are there street tree plantings or landscaped medians such as exist in Bar Creek. If property values are to be protected then at a minimum, these elements need to be required for the proposed development. 4 Petition - Shepherd's Creek Development July 31, 2006 THEREFORE, WE THE UNDERSIGNED CALL ON THE CITY OF MERIDIAN TO ADDRESS THESE CONCERNS IN RELATION TO THE PROPOSED SHEPHERD'S CREEK DEVELOPMENT Name Address (Inel. City) Signature.............., 0 1. ~~ 1:.1...,.. L~ -ft <;, '7tl tt1i~:IA.\C tl7f'-{(......,v~ ......."P'-~ 2. f'\.i'AII..r/. ~,n' - IAA 2.vQI S_th-b-e'V7FAf-"'\A~7(,,(l~%f' - J t-t:. ---.,.. 3. '1 .. ,-^ M 1 UP l-1 OJ ~ qp~~.&t'i v11'f/.lAII)W'tz.<..vr-:V..v,AJ rfi J~ ~ ';1\ r~, ~in u 4. D ^ .~ \ r...\ ind-\- 1., ~ s. ~~ ~ L\A. II r?.r:- -( :r:. '7'" 5. -r- J~ ., - - L, b tJ&.. ~C,. <C <;4.- '" ~\.t '"-':3.:. ..........,.:t...... i.- 6. \/a\l'. An' 1rW\.-euJ 4 ro w etA"e.l.-\ ~+-- l\J{i.,ri n UJ 'f(J.'llif~ 7. I-J..... -1 " hill Prw.. ~ ~ ~. PmA' tPAJ/ lotLIJ WIA;t)~ /'~.' rr.lJJt..w. . 8. .lJll H71 Vl'1 ~ --, Sf S-tlJ. Ctti!cU-YUVvA.j... 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Cla{." ~ .~. ~ 1'1 ,_."~.' ~ .~.- 93. -Nt; Ldt! .<f4-- A",)~ ^ 3nK '1 f,qa/oa.w f'J ~ z' n 94. ill'II IA ] "t'IdI"" UJ ~ It-,J ~ fl.Df) Il (' 1./1 0.7 \1 In J A V ld, d ~ rnui It:t. rckf 95. I;u... 'f... .. ~2.-J!,,~' 5: ~tL.A'\[t\r~ ....Wl~"U N l,,='/ '/AI-I'" v 96,/""-.........i "' ~1l".-::1-.. ?:ltol SPear (')111n (1 hA h.A,,' .J)JL,1')- _'\:, "A"'{}~ . 'L':' 1..//' , -";7"'9 .s-~J5e.a,,-n:'" iPk ~r/~.......... "Lk~I~~ . TPflZ .~}":ntJt.-f+ d'll-lt 5 ~nu/ 6 ru.....LJb, / trl//}r},~ A::J ~ -:2J.-- .. 99. IJ~.~ff::,~~~ P. '1K5 . Y d?d-r; ~Oazd w'J,) M,"fi~luL ?};,. #J ~ ~ 100'--ElJ.h{ A .....-, (hJPnnni\ (j~1 8 j'""kc~y-C'I({aQJuX\..u 1!1l(1flllN~ lu UJlJl 1 01. \~ (' ~ i....JT~l.lJ'~''- -- ...... ~ I... ~ "- 10t /' ~ Z. 'S 7" $, ,--r= ~ AJi,~ I.-...-~ IL A.~ ,cb/~ 103........>0.... .. /r /4 A' ~ -~. ___ ~ ~ 7.3 '" R d -,....., /... 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II AL.L- ir-Pt ;;'lf/~ S, ,~)e{l(r (1 r/jl1\ lJ.1ctll /"'/J..'w."'jJ.I-;;/J /irl j~.'.~ 116.L'J..tf'l .~ tJ /1'J-Jd/J:JJ S.u-e.f{i?/; '1!1t1 7 {~J\A1)'::1J iJ.C~~ 117. d v tf 118. 119. 120. 121. 122. 123. 124. 125. 126. 12"7. 128. ?;J3 1Dta I Petition - Shepherd's Creek Development July 31,2006 " - 2?J'1Q0L - .- , Petition - Shepherd's Creek Development July 31, 2006 219. 220. 221. 222. 223. > 224. 225. 226. . /. 227. 228. 229 23 . 231. 232. 234. 235. 236. 237. 239. 240. 241. 242. 243. 244. 245. 246. 247. 248. 249. 250. 251. 252. 253. 254. 255. 256. 257. 258. 259. 260. 21:",1. 262. 263. 264. ....r;... - ~O~). H -rt.tt I Petition - Shepherd's Creek Development July 31, 2006 ~ame 219. l 220. 221. 222. -..' '" 223. 224. 225._ 226. 227. 228. 229. 230. 231. 232. 234. 235. 236. 237. 239. 240. 241. 242. 243. 244. 245, 246. 247. 248. 249. 250. 251. Address (lncl. City) 2. l..3 - S .' d- ...},., ') l....t.~ '-. 253. 2::4, L~,::5 ,.., -. "'" ~ "',-'). 2 ::l., 2,:;~3. .'''' """ .r_ ..'~'. ~::::o. ,'-, . , ': .') 1l...,..J....... .-, y TD T7\L Petition - Shepherd's Creek Development Q July 31, 2006 306. 307. 308. 309. 310. (5 TI>V\L Petition - Shepherd's Creek Development July 31, 2006 2 311. 312. " 313. "2.. 314. 315. 2- 316. 317. 318 319. 320. 321. 322. 323. 324. 325. 326. 327. 328. 329. 330. 331. 332. 333. 334. 335. 336. 337. 338. 339. 340. 341. 342. 343. 344. 345. 346. 347. 348. 349. 350. 351. 352. 353. 3S4. 355. '(/uer.f-iP '+~ . ( ;/t) 13 TOTAL Petition - Shepherd's Creek Development July 31, 2006 356. 357. ' 358. 359. 360 361. 362 363. 364. -' 365. 366. .. 367. 368. 369. 370.~ 371. 372. 373t 375. 376. 377. 378. 379. 380. 381. 382. 383. 384. 385. 386. 387. 388. 389. 390. 391. 392. 393. 394. 395. 396. 397. 398. 399. 400. 401. Name 10 TD'TIr L- Petition - Shepherd's Creek Development July 31, 2006 402. 403. 404. 405. 406. 407. 408. 409.". 410. 411. 412. 413. (\ ~ 414.-. E 415. I , 416. Ll 417. 418. 419. 420. 421 422. 423. 424. .. 425. 426 . 427. 428. , 429. 430. 431. 432 43 . 435. 436. 437. 438. 439. 440. 441. 442. 443. 444. 445. 446. 3 1 TV1~1- August 2, 2006 Tammy de Weerd, Mayor City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 R <U:~'~ (' ';, 14'\ I \/ "is' '"rl ..t \J.t.., '--' ._L:.i ,.~:.. " J..2J ~ p I;.' 'r" 1 1 "ODS' I~'\UU ~ . t.." G! i=' ~\ I~ C I::) i i--) I' A [' '" i . !! l' !'..N. \ ~ ~~. : . ': Dear Mayor de Weerd, ,'_.~ : -r' .r-~~:. ~~-= F."?' ~( ,("~;= C~ ~ ~ "'''. __ Subject: Application MI 06-004 - Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC for a Modification of the Development Agreement between the City of Meridian and Valley Shepherd Church of the Nazarene As a taxpayer, voter, and resident of Bear Creek Subdivision which is located immediately adjacent to the proposed Shepherd's Creek Subdivision I oppose the above application for approval. I request that you and the City Council give serious consideration to issues involving this proposed development and vote in opposition to the application for Modification of the Development Agreement (MI 06-004) between the City of Meridian and Valley Shepherd Church of the Nazarene for the approval of the application (pP 06-040) for 55 residential, 7 common lots, and 1 additional lot on 32.45 acres for Shepherd Creek Subdivision located at 2475 S. Meridian Road. The proposed development will rely for the most part on the infrastructure of Bear Creek Subdivision for access to primary roads and to Bear Creek Park, utilizing pedestrian walkways, lighting, and green space which is maintained through fees paid by the Bear Creek Home Owner's Association. I implore you and the Council as our elected officials to consider the following issues/ impacts and address each issue prior to application approval: 1. Access Issues · Vehicular Traffic - The traffic, estimated at 550 vehicle trips per day will add significantly more traffic to already congested roads. The burden for most of the traffic will be on Bear Creek Subdivision roads and will create even more congestion on Stoddard and Overland Roads. These roads are already taxed and soon to be taxed even more when Bear Creek West is completed. · No alternate routes/outlets to primary roads - The development provides no outlet to alternate routes to aid in alleviating congestion in the subdivision and to the two primary roads (Stoddard/Overland) that serve as outlets for Bear Creek Subdivision. . Traffic Issues - The development needs to address tratlic issues by providing direct access to Victory Road which would offer an alternate route, easing traffic 011 StodJard and Overland. It was our understanding that a traffic light will be installed at Victory in the near future (Matt Shultz, Project Coordinator for Shepherd's Creek LLe advised at tht llcighuur hood lilti.:tlllg liCit a lTi:iDl( lighi. would be installed on Victory Rnad) which ir. an ~vcn gt("11c~r tC;lO;rln in prnvlck a 'j t '~.l J J A I" ('" . , 'I. 1 + 'I' , "t l + 1 lii\.H~(~ U:,i:'\:1.-.t ~~.i~:<;';.Li.:"'~~~) ;i,'UUi'~_ ~:ll. =-"t.\i\;~.:.;':'.i 01 L-i.i.~: :ji.d)u'iVl~:.n.Oli :.rL'Ii.,~~U.S i.V .prU',,'ltH..i all qr+~'::t ':":'1 +hg ('h:1..,1,' ~ ",0C';~0 ",-;;:-,"'1 f() :\ H':::"i \'fihy (1::':;CC8~. tQ Vidm:y) or to .....If ~ .. II" 1 i"-..1 . ~ ,...... TlI. t "'( 'l "Il "l "'S _ _ ~ T _ > TJ lViU:;l0Hi Wlli(;.ullULi.t::; Ulll\01l.;,.llUlUi.,[ h'J.J.;J. 'v\:Ud;;; 0\.'. '" ;SUe..",-; c:.;,;.:.j,ih;',.;"~\,; ;':,_;:~djiJ-,i, H \:vculcJ be on ndmiT'~r.}Y;: 2/~:~tl1!'(,~ (l~ th:,: Ch1J.1'C.h's- r;,.~rt tn- I~:-('t".tr~1.r~ .n";~~~~ n::'.~~~~.~.~~: '((~j" t . . J t 'i I' ~ . 11 J r ~ '( ". J t . t 1. .1 1 1 1 . . ~ dW.JlfJ.HtH;;1,!, .';'_c'.nti-,'Hdl \;Ui.lg,\J~,'n.()n U.,)ilJ L;(_~IHg \;U'::diCU OJ iHi;; J'::,O,I,::;O;Y.Ji.i SUVi..liVlSlUIl (hn~d ~,d(~ 1:~) S'hC;ph(,f(F~, Cn~d(.1 J ,C 1))' thl) Cbm:h), Tn 8d{Et~cn, C}m"'cn tr"ffic is typically at its peak on Sunday which 1;'> ::i nOll-work d.ay, ihw~ '[rafCie cnnEEcts should not be at is:;uc. ~ ~1 .J ..I. ~ f'T"1 ~tf- ~ . , .. oJ f~~- [ L 1 . ~. 't ,. " ',.Ah..7i'L';iU;:~n"\~,, i ;'-,Uiit' ,.. 0\)u:;trUI,;WJ,gl.IUlJi';';, (In;';i, UIft, lXU;;il, :';L'-~" b a :';Cnuus .f"~_.I'~ ~~&'1 r-""'-"'YiII.~~. ~';i"''>'l.. ",,!~'"11 -; "':'''~~.'~',~ o.Jl"'!....." .1!l ,!.",~ _~."'>!~';f.1 :1\(ll t~..... ,~'11!"!,1 ,:'I"!"'.! ~1.'1-=II}~,.....o;"'i"(-'I '!"'F'lo"b""'4'p """'ot "',.....~.t~.i.f:(,('l.1 : '.\..r\'}^....~.lLH..... .1J.L,J. ~J(.:;.-'y'!I,~ ,.~1.>"J1~J"",l :1.'-., p,...~'f''')(1 . ~.IH.(.'L,,~;),. ~..:l~.~, {..4...'.(..VI.A,.-I...;,{......,. .Ll.,JJ..",...... ~.L '" ~1 1 T'\. ~ "'( '1........... ~ ,'I" .j--..,t '( t ~i"'lIL:s ~"1" "1"l: 'I lillUugn D\;Ur \......rut:K :>UUlH V!;jlon. 1'-'::\;1;;0;'-' Vl<i i-UG I...AHH'(,:..U ELi'.;, i).U Nh':r:;r.nuH,;,Ut,l! should be provided to minimize :impaet~,~ 10 hnm[~o--\-vncn:; :in thr~ ~':uhd:ivi~-;bn_ TI-H:~re ~ . ~.. .I 1 f" 11 1 ~ 1 1",' ~" 1 ""'" ~ 1 ."'( f'" n.... an;; i:i ,-4Iglll.ll,,\;:d\.1i XlWUU0f ut ;~i..Hi:iH i;,jJU\ir~n \.<l-ppnJi'ClHl.<-i-t;JiY i.J UO,U;;;f WI;': age 01 I)) thn" 1;,,<> "-.1,,,1'')' P'>'U' T....-H.1r 'Q",,,... r'l'HH '__IT,_,,, '."".1 q;l-.t>rn,>-tJ' ^'" Dl "'..,--'! t" ~-nt""~t I (' ,~, , E. "....1 .....~." I J '.w ~:. ~...~. . .. '.' ~. . 'J.;o.;;l . -,.~ "."'';>' ... _, . "......./ if\ ..'i'j" . ...>......~ ~ ". i J..! .~.~. I.'"~,~,, .~".\. ". i. l~, ...~,.t,.L!...-lI "'--" IJi.'-.>' "......... their safety all traffic, including eon~truct-ion traffic should he minimized" = ~41 . T:"'l 1l"T . . .. J.. . - . ~1 1 1. t... 1. , FliT ...UiJi .i'oHiii:i'gJ,;fi{:J V t'Uit:ics - 1-;' v>.::ry :-icnou:> W:;l.le 1::; m;.:: lii(;K 01 Urrt~l G!t;cess tA tlv' "",l-,r1J'Vl' "';"'n -f"om " nt;'''"''''...y ..,,,,,,--l -rAT -fi-<> ",~.-t ""!"'n~"{)''''.~~'7 "''''''''''^~e''' '1''1-"1',,, ...~ ~. ~.~.. .~4....,,,.... \'.~'''. .'. ... ..... j -". ,...:.o.:i ~ .,....:J...... ...1 . ;.~........ '--'l,i1i..-l" ;,,'.!i.~.......b....Ji.i1.......) l.i;:.il"-'r.Yi...;,:;-~ .~~J'. i. i.l '-' ~4.Uirl;;s ulal sa[dy autI ;;mGgl.:u,:.y v-.::hi.:.k" meander tun:.Hlgh B.;~m Cret,k or llelr'm-iss<I cn'l-"d''''l" <'10 ., t.... proH;...]". I'm".."", ,-.." ".,....,. f"" fj" m'" ,.. A;:.,.,.,."t "-,,t,.. ,,',""'no- ........ L. ~ ~~ l,r.....'_; _.J; " . \...'1.. _.n~"" .."... .. .'" .~~._~ ......., .-....-.. L..,,~n..... J t ."'."'. II'" JC""~I:;'r '...... .,,"!.r.,.... . .,'. '-:_'-"r(. r", ,.Ii~..","1' ~.... "'''''''O-.b ~ 1 1-'1 1 11.10 .11. ~ -: 1 .. 1" "" '11-.. 11 . LW.; ,Awn:ll ,,,,A':U:--;S lUau Ulf'\;:l.-;liY LV Hie p;:opo:;;;:u ::;UUUl v i:stUn i:;; a ::;rnal1 nXjW;Sl when. eonsidcrinz the 1{)~~ of a EfG due to a poorly designed aCGCBS fryf the gain of a few additional dollars. 2. Density Meridian Comprehensive Plan denotes density for the Church property as Public/Quasi Public (page 97 of June 2006, Meridian Comprehensive Plan) - "Redevelopment of this type of area is to be guided by the intensity of the existing use. the underlying zoning of the property. the surrounding land uses. the location of the nroperty. and transoortation issues associated with the proposed develonment oftbe nroperty. "(page 106 of June 2006, Meridian Comprehensive Plan) Proposed density is 55 homes on 12 acres or approximately 4.6 -5 homes per acre, doubling the adjacent density of Bear Creek which is approximately 2.6-3 homes per acre. Transportation/access is a key issue - use of Bear Creek roads for access and no proposed direct access to a primary road. A lower density of 3 homes per acre would lessen impacts on traffic and emergency services. The present zoning of this property is public/quasi public, which would be considered one step lower than the current zoning of the land surrounding the site, thus the redevelopment and rezoning should only pemlit a rc:t.onc to low density (one step above public/quasi public designation as stated in the Meridian Comprehensive Plan). This would be consistent with the low density of the existing neighborhoods. 3. LotIHome VaJues The increased density, small lots, and 7Cro lot Hnc homes negatively hnpact th(~ values of the residences in He,u' Creek. ThG residents who have purchased homes in Bear Creek have put forth a sisnifkant investnj(~nt) thus paying si:mabl(~ taxes to the City of Meridian. Homes in areas with parks and green space are valued higher than hornes with high density, and minimal green space. To maintain propc.Jty vallT('~ in BOtr Crc:c.k the. density ami related amenities of Shepherds Creek should be consistent and lots/home values should b~ equal to or more than those in Bear Creek. 4. DraiDage Bear Creek is lower in elevation than the adjaeC'.nt propc.rty. Need assnrancE.~S and site drainage plans that address drainage contairuuent within the Shepherd's Creek Development. 5. Open SpacclPat'ks The proposed open space is minimal and the areas that aTc. propm:c.d ar(,; vjl1l!aHy ullusauk: :'1'(10) that cali not he developed with the exception of one which is just barely usahh.J llAfl")W ship qf land, fr tllt) space wen:: olle eontiguous green space than value as open space is added. however, as proposed there h, limiic(f to no added valll(:. it wouid appear' that (he '55 homes/residents of this development will rely solely on the ameniti(~:) of fk::if Crcd<', indudhg w.rJlkways, lighting) green space, roads, etc., whiie not contributing added value. The residems of bear l :tc,ck pay annual as~~oei.aLion f~~ct'; lO mainmin the pubhc spaces wjthin the development. libephr:rds Cr('.('}~ yc,:::;!cknic; wW pay nmhing to suppertor nm:lni:alll the access routes, green spaces, street tree piantings, etc., tnat th9 wili l.lc.() to <leGess j~Gar Creek Park thr-ough Hear Creek Subdivision. If Shepherd's Creek is to add usable value then the common lots or "green space" needs to be centralized in the center of the development and offer amenities that are usable by the public, e.g., a one acre play area for children or a usable functional park, not just undevelopable leftovers. 6. Covenants, Conditions, and Restrictions (CCRS) Bear Creek is a planned community with CCRS in place designed to protect investments and the integrity of the development. These covenants include property maintenance and improvements, association dues, on-street parking restrictions, and that cars, trailers, campers, boats, etc" be stored behind fenced areas or garages. With the direct proximity of Shepherd's Creek to Bear Creek the proposed development should be required to have similar association covenants and contribute to the association dues and maintenance of the area, especially as they will use Bear Creek amenities to gain access to Bear Creek Park. Bear Creek Residents should not be expected to bear the burden of providing amenities for the Shepherd's Creek development. 7. Transitional and Street Tree Plantings There are no ~pparent transitional plantings on streets that tie to Bear Creek, nor are there street tree plantings or landscaped medians such as exist in Bear Creek. If property values are to be protected then at a minimum, these elements need to be required for the proposed development. I am very concerned about the Shepherd's Creek development as currently proposed and request that you and the Council give careful and informed consideration to the issues defined in this letter and do not approve the application ootil these issues have been addressed. Thank you for this opportunity to provide comment and input on the proposed Shepherd's Creek Application. Sincerely, OMDY GU~ .... 2631 S. Hibernation PI. Meridian, Idaho 83642 August 9, 2006 Tammy de Weerd, Mayor City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Dear Mayor de Weerd, Subject: Application MI 06-004 - Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC for a Modification of the Development Agreement between the City of Meridian and Valley Shepherd Church of the Nazarene As taxpayers, voters, and residents of Bear Creek Subdivision (Bear Creek) which is located immediately adjacent to the proposed Shepherd's Creek Subdivision we oppose the above application for approvaL We request that you and the City Council give serious consideration to issues involving this proposed development and vote in opposition to the application for Modification of the Development Agreement (MI 06- 004) between the City of Meridian and Valley Shepherd Church of the Nazarene for the approval of the application (PP 06-040) for 55 residential, 7 common lots, and 1 additional lot on 32.45 acres for Shepherd Creek Subdivision located at 2475 S. Meridian Road. The proposed development will rely for the most part on the infrastructure of Bear Creek for access to primary roads and to Bear Creek Park, utilizing pedestrian walkways, lighting, and green space which is maintained through fees paid by the Bear Creek Home Owner's Association. Unfortunately, our residence is located on one ofthe primary access routes to Stoddard Road and will be directly impacted by the traffic from this development. We implore you and the Council as our elected officials to consider the following issues/ impacts and address each issue prior to application approval: 1. Access Issues . Vehicular Traffic - The traffic, estimated at 550 vehicle trips per day will add significantly more traffic to already congested roads. The burden for most of the traffic will be on Bear Creek roads and will create even more congestion on Stoddard and Overland Roads. These roads are already taxed and soon to be taxed even more when Bear Creek West is completed. 1 . No alternate routes/outlets to primary roads - The development provides no outlet to alternate routes to aid in alleviating congestion in the subdivision and to the two primary roads (Stoddard/Overland) that serve as outlets for Bear Creek. The development needs to address traffic issues by providing direct access to Victory Road which would offer an alternate route, easing traffic on Stoddard and Overland. It was our understanding that a traffic light will be installed at Victory in the near future (Matt Shultz, Project Coordinator for Shepherd's Creek LLC advised at the neighbor hood meeting that a traffic light would be installed on Victory Road) which is an even greater reason to provide a more direct alternate route. A redesign of the subdivision roads to provide an outlet on the Church's access road to Alfani Way (access to Victory) or to Mastera which fronts on Meridian Road would be a good alternative solution. It would be an admirable gesture on the Church's part to provide this access for alleviating additional congestion that is being created by the proposed subdivision (land sold to Shepherd's Creek LLC by the Church). In addition, Church traffic is typically at its peak on Sunday which is a non-work day, thus traffic conflicts should not be at Issue. · Construction Traffic - Construction traffic, dust, dirt, trash, etc., is a serious concern. Construction access should be provided through an alternate route not through Bear Creek subdivision. Access via the Church and off Meridian Road should be provided to minimize impacts to homeowners in the subdivision. . Fire and Emergency Vehicles - A very serious issue is the lack of direct access to the subdivision from a primary road for fire and emergency purposes. This requires that safety and emergency vehicles meander through Bear Creek or Belimissa subdivisions to provide emergency services. A more direct route along the Church access road directly to the proposed subdivision is a small request when considering the loss of a life due to a poorly designed access for the gain of a few additional dollars. . Safety of Bear Creek Residents/Children - There are a significant number of small children (approximately 100 Wlder the age of 8) that live along Bear Track, Bear Claw Way, Alaska Way, and Hibernation PI., and for their protection and safety, traffic should be minimized. 2. Land Use & Density Meridian Comprehensive Plan denotes the land use for the Church property as Public/Quasi Public (page 97 of June 2006, Meridian Comprehensive Plan) - The Comprehensive Plan guidance states: "Redevelopment of this type of area is to be e:uided bv the intensitv of the existin2 use. the underlvine: zooine: of the propertv. the surroundine: land uses. the location of the propertv. and transportation issues associated with the proposed development of the property. "(page 106 of June 2006, Meridian Comprehensive Plan) 2 Proposed density is 55 homes on 12 acres or approximately 4.6 homes per acre, doubling the adjacent density of Bear Creek wWch is approximately 2.6 homes per acre (354 homes on 133 acres). Transportation/access is a key issue - use of Bear Creek roads for access and no proposed direct access to a primary road. A lower density of 3 homes per acre would lessen impacts on traffic and emergency services. The present land use of this property is Public/Quasi public, which would be considered one step lower than the current land use surrounding the site, thus the redevelopment and rezoning should only permit a rezone to low density (one step above public/quasi public designation as stated in the Meridian Comprehensive Plan). This would be consistent with the low density of the adjacent Bear Creek neighborhood. 3. LotlHome Values The increased density, small lots, and patio homes negatively impact the values of the residences in Bear Creek. The residents who have purchased homes in Bear Creek have put forth a significant investment, thus paying sizeable taxes to the City of Meridian. Homes in areas with low density, parks, and green space are valued higher than homes with high density, and minimal "useable" green space. To maintain property values in Bear Creek the density and related amenities of Shepherds Creek should be consistent and lots/home values should be equal to or more than those in Bear Creek. 4. Drainage Bear Creek is lower in elevation than the adjacent property. Need assurances and site drainage plans that address drainage containment within the Shepherd's Creek Development. 5. Open SpacelParks The proposed open space is minimal and the areas that are proposed are virtually unusable space that cannot be developed with the exception of one which is a minimually usable narrow strip of land. If the space were one contiguous green space than value as open space is added, however, as proposed there is limited to no added value. It would appear that the 55 homes/residents of this development will rely solely on the amenities of Bear Creek, including walkways, lighting, green space, roads, etc., while not contributing added value. The residents of Bear Creek pay annual association fees to maintain the public spaces within the development. Shepherd's Creek residents will pay nothing to support or maintain the access routes, green spaces, street tree plantings, etc., that they will use to access Bear Creek Park through Bear Creek Subdivision. If Shepherd's Creek is to add usable value then the common lots or "green space" needs to be located in the center of the development and offer amenities that are usable by the public, e.g., a one acre play area for children or a small usable park, not just un- developable leftovers. 3 6. Covenants, Conditions, and Restrictions (CCRS) Bear Creek is a planned community with CCRS in place designed to protect investments and the integrity of the development. These covenants include property maintenance and improvements, association dues, on-street parking restrictions, and that cars, trailers, campers, boats, etc., be stored behind fenced areas or garages. With the direct proximity of Shepherd's Creek to Bear Creek the proposed development should be required to have similar association covenants and contribute to the association dues and maintenance of the area, especially as they will use Bear Creek amenities to gain access to Bear Creek Park. Bear Creek Residents should not be expected to bear the burden of providing amenities for the Shepherd's Creek development. 7. Transitional and Street Tree Plantings There are no apparent transitional plantings on streets that tie to Bear Creek, nor are there street tree plantings or landscaped medians such as exist in Bear Creek. If property values are to be protected then at a minimum, these elements need to be required for the proposed development. We are very concerned about the Shepherd's Creek development as currently proposed and request that you and the Council give careful and informed consideration to the issues defined in this letter and do not approve the application until these issues have been addressed. Thank you for this opportunity to provide comment and input on the proposed Shepherd's Creek Application. l:fr;t?u E. f \lland R. and Kare cc: Shaun Ward President, City Council City Hall 33 E. Idaho Ave. Meridian, ill 83642 Keith Bird City Council Member City Hall 33 E. Idaho Ave. Meridian, ill 83642 4 Joe Borton City Council Member City Hall 33 E. Idaho Ave. Meridian, ID 83642 Charlie Rountree City Council Member City Hall 33 E. Idaho Ave. Meridian, ill 83642 5 Bear Creek Homeowners Association 2640 S. Bear Claw Way Meridian, ID 83642 August 9, 2006 Tammy de Weerd, Mayor City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Dear Mayor de Weerd, Subject: Application MI 06-004 - Valley Shepherd Church ofthe Nazarene & Shepherd's Creek, LLC for a Modification of the Development Agreement between the City of Meridian and Valley Shepherd Church of the Nazarene This letter transmits a petition signed by 234 taxpayers, voters, and residents of Bear Creek Subdivision (Bear Creek), located within the city limits of Meridian, Idaho who oppose the above application. These individuals request that you and the City Council give serious consideration to issues involving this development and vote in opposition to the application for Modification of the Development Agreement (MI 06-004) between the City of Meridian and Valley Shepherd Church of the Nazarene for the approval of the application (PP 06-040) for 55 residential, 7 common lots, and 1 additional lot on 32.45 acres for Shepherd Creek Subdivision located at 2475 S. Meridian Road. The proposed development will rely for the most part on the infrastructure of Bear Creek for access to primary roads and to Bear Creek Park; utilizing pedestrian walkways, lighting, and green space which is maintained through fees paid by the Bear Creek Home Owner's Association. We implore you and the Council as our elected officials to consider the following issues/ impacts and address each issue prior to application approval: ISSUES: 1. Access Issues . Vehicular Traffic - The traffic, estimated at 550 vehicle trips per day will add significantly more traffic to already congested roads. The burden for most of this traffic will be on Bear Creek roads and will create even more congestion on Stoddard and Overland Roads. These roads are already taxed and soon to be taxed even more when Bear Creek West is completed. . No alternate routes/outlets to primary roads - The development provides no outlet to alternate routes to aid in alleviating congestion in the subdivision and to 1 the two primary roads (Stoddard/Overland) that serve as outlets for Bear Creek. The development needs to address traffic issues by providing direct access to Victory Road which would offer an alternate route, easing traffic on Stoddard and Overland. It was understood that a traffic light will be installed at Victory in the near future (Matt Shultz, Project Coordinator for Shepherd's Creek LLC advised at the neighborhood meeting that a traffic light would be installed on Victory Road) which is an even greater reason to provide a more direct alternate route. A redesign of the subdivision roads to provide an outlet on the Church's access Road to Alfani Way (more direct access to Victory) or to Mastera which fronts on Meridian Road would be a suitable alternative solution. It would be an admirable gesture on the Church's part to provide this access for alleviating additional congestion that is being created by the proposed subdivision (land sold to Shepherd's Creek LLC by the Church). In addition, Church traffic is typically at its peak on SlU1day which is a non-work day, thus traffic conflicts should not be at issue. . Construction Traffic - Construction traffic, dust, dirt, trash, etc., is a serious concern. Construction access should be provided through an alternate route not through Bear Creek subdivision. Access via the Church access road and off Meridian Road should be provided to minimize impacts to homeowners in the subdivision. . Fire and Emergency Vehicles - A very serious issue is the lack of direct access to the subdivision from a primary road for fITe and emergency purposes. This requires that safety and emergency vehicles meander through Bear Creek or Belimissa subdivisions to provide emergency services. A more direct route along the Church access road directly to the proposed subdivision is a small request when considering the loss of a life due to a poorly designed access for the gain of a few additional dollars. . Safety of Bear Creek Residents/Children - There are a significant number of small children (approximately 100 under the age of 8) that live and play along Bear Track, Bear Claw Way, Alaska Way, Grizzly, and Kodiak and for their protection and safety traffic should be minimized I PROPOSED ACTIONS to address Access Issues: A. Reduce density to lower the number of vehicle trips per day B. Provide direct access to a primary road for access out of the proposed development c. Require a separate construction access D. Require direct access from primary roads for fire and emergency vehicles 2 2. Land Use & Density Meridian Comprehensive Plan denotes the land use for the Church property as Public/Quasi Public (page 97 of June 2006, Meridian Comprehensive Plan). The Comprehensive Plan guidance states: "Redevelopment of this type of area is to be e:uided bv the intensity of the existine: use.. the underlvine: zonine: of the propertv. the surroundine: land uses. the location of the propertv. and transportation issues associated with the proposed development of the property. "(Page 106 of June 2006, Meridian Comprehensive Plan) Proposed density is 55 homes on 12 acres or approximately 4.6 homes per acre, doubling the adjacent density of Bear Creek which is approximately 2.6 homes per acre (354 homes on 133 acres). Transportation/access is a key issue - use of Bear Creek roads for access and no proposed direct access to a primary road. A lower density of 3 homes per acre would lessen impacts on traffic and emergency services. The present land use (as shown on page 97 of the Meridian Comprehensive Land Use Plan) of this property is Public/Quasi Public, which would be considered one step lower than the current land use surrounding the site, thus the redevelopment and rezoning should only permit a rezone to low density (one step above public/quasi public designation as stated in the Meridian Comprehensive Plan). This would be consistent with the lower land use and density of the adjacent Bear Creek neighborhood. I PROPOSED ACTIONS to address Land Use & Density: A. Judiciously apply City of Meridian Comprehensive Land Plan guidance on redevelopment carefully considering the intensity of the existing use, the underlying zoning, the surrounding land use, the location of the property, and transportation issues in the decision making process on the land use for this development. In consideration of this guidance and the adjacent land use, lower the land use/density from 4.6 to 3 homes per acre, consistent with the average overall land use of Bear Creek. 3. Lot/Home Values The increased density, small lots, and patio homes negatively impact the values of the residences in Bear Creek. The residents who have purchased homes in Bear Creek have put forth a significant investment, thus paying sizeable taxes to the City of Meridian. Homes in areas with lesser density, parks, and green space are valued higher than homes with high density, and minimal "useable" green space. To maintain property values in Bear Creek the density and related amenities of Shepherds Creek should be consistent and lots/home values should be equal to or more than those in Bear Creek. I PROPOSED ACTIONS to address Lot/Home Values: A. Lower the density of Shepherd's Creek to be consistent with Bear Creek. B. Reconfigure and add "usable" green space 3 4. Drainage Bear Creek is lower in elevation than the adjacent property. Need assurances and site drainage plans that address drainage containment within the Shepherd's Creek Development. I PROPOSED ACTIONS to address Drainage: A. Require a drainage plan that addresses containment and management within the Shepherd's Creek Development 5. Open Space/Parks The proposed open space is minimal and the areas that are proposed are virtually unusable space that cannot be developed with the exception of one which is a minimally usable narrow strip of land. If the space were one contiguous green space than value as open space is added, however, as proposed there is limited to no added value. It would appear that the 55 homes/residents of this development will rely solely on the amenities of Bear Creek, including walkways, lighting, and green space, while not contributing added value. The residents of Bear Creek pay annual association fees to maintain the public spaces within the development. Shepherd's Creek residents will pay nothing to support or maintain the access routes, green spaces, street tree plantings, etc., that they will use to access Bear Creek Park through Bear Creek Subdivision. If Shepherd's Creek is to add usable value then the common lots or "green space" should be located in the center of the development and offer amenities that are usable by the public, e.g., a one acre play area for children or a usable small park, not just un- developable leftovers. I PROPOSED ACTIONS to address Open Space Issues: A. Require the redesign of open space/green space to a more central location and otTer amenities that are useable and offer added value to the public B. Lower density of development to allow for more functional/usable open space 6. Covenants, Conditions, and Restrictions (CCRS) Bear Creek is a planned community with CCRS in place designed to protect investments and the integrity of the development. These covenants include property maintenance and improvements, association dues, on-street parking restrictions, and that cars, trailers, campers, boats, etc., be stored behind fenced areas or garages. With the direct proximity of Shepherd's Creek to Bear Creek the proposed development should be required to have similar association covenants and contribute to the association dues and maintenance of the area, especially as they will use Bear Creek amenities to gain access to Bear Creek 4 Park. Bear Creek Residents should not be expected to bear the burden of providing amenities for the Shepherd's Creek development. I PROPOSED ACTIONS to address CCRS: A. Require CCRS for Shepherd's Creek that are equal to those for Bear Creek. B. Encourage Shepherd's Creek to establish an HOA or join the Bear Creek HOA and pay annual fees for upkeep and maintenance. 7. Transitional and Street Tree Plantings There are no transitional plantings on streets that tie to Bear Creek, nor are there street tree plantings or landscaped medians such as exist in Bear Creek. If property values are to be protected then at a minimum, these elements need to be required for the proposed development. I PROPOSED ACTIONS to address Street Tree Plantings: A. Require street tree and median plantings throughout the Shepherd's Creek subdivision. B. At a minimum require transitional street tree plantings on aU outlet roads that reflect the adjacent character and quality of adjoining neighborhoods. The undersigned residents of Bear Creek are very concerned about the Shepherd's Creek development as currently proposed and request that you and the Council give careful and informed consideration to the issues defined in this letter prior to application approval. Thank you for this opportunity to provide comment and input on the proposed Shepherd's Creek Application. ~/~ t/J1ai&J Kimberly Newell-LeMaster President, Bear Creek Homeowner's Association Enclosure KEM/kemJ8/9/06 5 cc: Shaun Wardle President, City Council City Hall 33 E. Idaho Ave. Meridian, ill 83642 Keith Bird City Council Member City Hall 33 E. Idaho Ave. Meridian, ill 83642 Joe Borton City Council Member City Hall 33 E. Idaho Ave. Meridian, ID 83642 Charlie Rountree City Council Member City Hall 33 E. Idaho Ave. Meridian, ill 83642 6 Petition - Shepherd's Creek Development July 31, 2006 Petition to deny application to the proposed Shepherd's Creek Subdivision Development until issues and concerns that impact adjacent properties are considered We, the undersigned, call on Mayor Tammy de Weerd and the City Council of Meridian, Idaho to address specific issues associated with the proposed Shepherd's Creek Subdivision (Shepherd's Creek) that directly impacts the public and homeowner's of Bear Creek Subdivision (Bear Creek), Meridian, Idaho. Whereas: 1. Access Issues . Vehicular Traffic - The traffic, estimated at 550 vehicle trips per day will add significantly more traffic to already congested roads. The burden for most of the traffic will be on Bear Creek roads and will create even more congestion on Stoddard and Overland Roads. These roads are already taxed and soon to be taxed even more when Bear Creek West is completed. . No alternate routes/outlets to primary roads - The development provides no outlet to alternate routes to aid in alleviating congestion in the subdivision and to the two primary roads (Stoddard/Overland) that serve as outlets for Bear Creek. The development needs to address traffic issues by providing direct access to Victory Road which would offer an alternate route, easing traffic on Stoddard and Overland. It was understood that a traffic light will be installed at Victory in the near future (Matt Shultz, Project Coordinator for Shepherd's Creek LLC advised at the neighbor hood meeting that a light would be installed on Victory Road) which is an even greater reason to provide a more direct alternate route. A redesign of the subdivision roads to provide an outlet on the Church's access road to Alfani Way would be a good solution and an admirable gesture on the Church's part for alleviating additional congestion that is being created by the proposed subdivision (land sold to Shepherd's Creek LLC by the Church). In addition, Church traffic is typically at its peak on Sunday which is a non-work day, thus traffic conflicts should not be at issue. . Construction Traffic - Construction traffic, dust, dirt, trash, etc., is a serious concern. Construction access should be provided through an alternate route not through Bear Creek. Access via the Church and off Meridian Road should be provided to minimize impacts to homeowners in the subdivision. 1 Petition - Shepherd's Creek Development July 31,2006 · Fire and Emergency Vehicles - A very serious issue is the lack of direct access to the subdivision from a primary road for fire and emergency purposes. This requires that safety and emergency vehicles meander through Bear Creek or Belissima Subdivisions to provide emergency services. A more direct route along the Church access road directly to the proposed subdivision is a small request when considering the loss of a life due to a poorly designed access for the gain of a few additional dollars. · Safety of Bear Creek Residents/Children - There are a significant number of small children (approximately 100 under the age of 8) that live and play along Bear Track, Bear Claw Way, Alaska Way, and Hibernation and for their protection and safety, traffic should be minimized. 2. land Use & Density · The Meridian Comprehensive Plan denotes the land use designation for the Church property as Public/Quasi Public (Pg. 97 of the June 2006, Meridian Comprehensive Plan). "Redeveloment of this type of area is gUided by the intensity of the existing use, the underlying zoning of the property, the surrounding land uses, the location of the property, and transportation issues associated with the proposed development of the property." (Page 1 06 of June 2006, Meridian Comprehensive Plan). · Proposed density is 55 homes on 12 acres or approximately 4.6 homes per acre, doubling the adjacent density of Bear Creek which is an average of approximately 2.6 homes per acre (354 homes on 133 acres). Transportation/access is a key issue - use of Bear Creek roads for access and no proposed direct access to a primary road. A lower density of 3 homes per acre would lessen impacts on traffic and emergency services. · The present land use designation (as shown on page 97 of the Meridian Comprehensive Land Use Plan) of this property is Public/Quasi Public, which would be considered one step lower than the current land use surrounding the site, thus the redevelopment and rezoning should only permit a rezone to low density (one step above Public/Quasi Public designation as stated in the Meridian Comprehensive Plan). This would be consistent with the lower land use and average density of the adjacent Bear Creek neighborhood. 3. lot/Home Values · The increased density, small lots, and patio homes negatively impact the values of the residences in Bear Creek. The residents who have purchased homes in Bear Creek have put forth a significant investment, thus paying sizeable taxes to the City of Meridian. Homes in areas with lesser density, parks, and green space are valued higher than homes with 2 Petition - Shepherd's Creek Development July 31, 2006 high density, and minimal "useable" green space. To maintain property values in Bear Creek the density and related amenities of Shepherd's Creek should be consistent and lots/home value should be equal to or more than those in Bear Creek. 4. Drainage · Bear Creek is lower in elevation than the adjacent property. Need assurances and site drainage plans that address drainage containment within the Shepherd's Creek Development. 5. Open Space/Parks · The proposed open space is minimal and the areas that are proposed are virtually unusable space that cannot be developed with the exception of one which is a minimally usable narrow strip of land. If the space were one contiguous green space than value as open space is added, however as proposed there is limited to no added value. It would appear that the 55 homes/residents of this development will rely solely on the amenities of Bear Creek, including walkways, lighting, and green space, while not contributing added value. The residents of Bear Creek pay annual association fees to maintain the public spaces within the development. Shepherd's Creek residents will pay nothing to support or maintain the access routes, green spaces, street tree plantings etc. that they will use to access Bear Creek Park. If Shepherd's Creek is to add usable value than the common lots or "green space" should be located in the center of the development and offer amenities that are usable by the public, e.g., a one acre play area for children or a usable small park, not just un-developable leftovers. 6. Covenants, Conditions, and Restrictions (CCRs) · Bear Creek is a planned community with CCRs in place designed to protect investments and the integrity of the development. These covenants include property maintenance and improvements, association dues, on-street parking restrictions, and that cars, trailers, campers, boats, etc. be stored behind fenced areas or garages, etc. With the direct proximity of Shepherd's Creek to Bear Creek the proposed development should also be required to have similar association covenants and contribute to the association dues and maintenance of the area, especially as they will use Bear Creek amenities to gain access to Bear Creek. Bear Creek Residents should not be expected to bear the burden of providing amenities for the Shepherd's Creek development. 3 Petition - Shepherd's Creek Development July 31, 2006 7. Transitional Plantings . There are no transitional plantings on streets that tie to Bear Creek Subdivision, nor are there street tree plantings or landscaped medians such as exist in Bar Creek. If property values are to be protected then at a minimum, these elements need to be required for the proposed development. 4 Petition - Shepherd's Creek Development July 31, 2006 THEREFORE, WE THE UNDERSIGNED CALL ON THE CITY OF MERIDIAN TO ADDRESS THESE CONCERNS IN RELATION TO THE PROPOSED SHEPHERD'S CREEK DEVELOPMENT Name Address (Incl. City) Signature.--J 0 1. rc:>~Le.., 1... ~V\Ilt'O<;" 1"... t.lt;./.-l:iA.~ fI~(,'{'L-.rf /7'7..... .? /- ~ .... 2. 1(11/1'..1/1/ ~,~tWrr?{U.1,A 2-(;':!J/ 5.th :iL ,,,JllkW''OLW .~',t'L ~tc. '//I -~ 3. '/ IMAL '..; UP )l}t'u :)hfJp.,<..C!..i~v,.lllill"di(), uJ-'l.,pJrlJ,I~/;'J /1 'Z.tiJIA 4. ',') ^ ,~ \ G~--.. I., ~9-. <'). ~ ~ ~IJ i-?s: ( f~. -1/..... 5. - J:- A. ,. L,9'l tNl. ~0"1 < ~ J 1M ~.:. ... T-A ~,?~,i-. 6. \h:HV.'An~ .1fl'r\,-tl--t.) J.P~1J W SUt\,\ ~+- i\J1i.I\rL'l. L.C K!l,"~ 7 . h..... ..1 fJ /".\ /)f /I F'r'tVv1-i-- 7.JI:f/JfJ b. em.-/' (I PA, j) lo,..", ~~ t!::c1Nt;q ./. 8. ... TTtI /-tt;r Yn 5.' 515 W. 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Administrative Secl'e1:alY to Mayor Tammy de Weerd City of Meridian Phone e84-246B ext. 204 C!ty of Meridian CIty Clerk Office ,,. _....~,_..~~ .,_.___~_.__._______________ _, _., ~ ,._.. .._._~.~_ . _"., ,.,,~......._..,_... .___..__.____.,__.____ __._______ ,,~._, ... .,.._,,,_..__,, ......_.. _'__ ,.._" ______._____.____._._____.___~_._..,___."'_. ~M_"'_~~'~,."._'w.~,__..".,.___~"'._., ____._.,__._.____.________..__n____._n__.. From: B.G. Shriver [mailto:bgshriver@hotmail.com] Sent: Tuesday, August 08,20069:23 PM To: Peggy Gardner; Shaun Wardle; Keith Bird; Joe Borton; roundtree@@meridiancity.org Subject: Proposed Shepherd's Creek Subdivision Dear Mayor & city council members, As a resident of our good city, I must tell you that the new Proposed Shepherd's Creek Subdivision is way out ofline for the area it is U'ying to get approval for. This land is bordered by the Strada Bellissima and Bear Creek Subdivisions, both of which have a density of2 or 3 homes per acre. Shepherd's Creek will have 6 houses per acre. plus. they have very limited open space, no park, no street trees, and access is thru the two family subdivisions of Bear Creek & Strada Bellissima. this will generate almo 600 vehicle trips a day. thru our neighborhood streets that our children play in. Do you want to be responsible? Vote NO! to this high density plan Thank you for your time, Bruce G. Shriver -, ..". ..-..-------.....- ...,---..__._--_.__.__._---~_...-...._._--------_.,...-- -... .,..._."~--"-----_._-,_..,,.. .,-._"_._.__._.._-----_.~-,~,.",...._---- 8/9/2006 2715 S Hibernation Place Meridian,lO 83642 August 7, 2006 DE (:; Ii.: I\l~B~ ;'.f) "L \; j J.' City Clerk's Office 33 E Idaho Ave Meridian, 10 83642 l\UG (} 7' 2006 .,'~'.. i -,.-..,... h" C r' ~ 1-' i"') j "', I ~ ~ ' 'J, I 1 (,j: II!C(\ILJ/-\I', ", f -i- \. '"".. c f~ :'_<' 1''', '::: 1': ' I~- :~__ CC: Mayor Tammy de Weerd & the Meridian City Council Dear Commission: When I was in the process of buying my home in Bear Creek, less than one year ago, I was informed that only a church was going to be built on that land. I was concerned that my view was going to be protected, but more importantly, I was concerned that my property value would be protected. Now, I'm facing losing my view and my property value as town homes do not fit in with the standard of both Bear Creek and Bella Vista. Furthermore, now I have just learned that my child's safety is at stake since these new homes will be driving through where she plays. All of the homeowners in this area are used to using extreme caution when coming through this area. At times there are as many as 35 children playing at the end of Bear Track, where the road currently stops (near Hibernation Place). These children have grown to be comfortable playing in this safe street, as most of them are too young to go to the park by themselves. The parents in this area cannot watch their kids constantly (as they will need to if you allow traffic through this area) as many of us work from our homes. Now there may be as many as 550 more vehicle trips weaving through our children!? The odds are against our children. One of them is going to get hurt if you allow traffic through this area. I am also quite concerned about the density of this "block" from Meridian to Stoddard, and Victory to Overland. Bella Vista residents haven't even moved in yet and already the traffic at Overland and Meridian is rnaxed out. Just imagine how crazy and congested it's going to be when you allow these additional new homes for Shepherd's Creek Subdivision to be built. Our infrastructure can't support it. Meridian road and especially the intersections at Overland & Meridian and at Victory and Meridian need to be expanded. For instance, now we'll need a light at Victory and Meridian. As it is right now, without the presence of the Bella Vista residents, cars back up there, waiting and waiting to be able to make a safe turn. Not only will our safety be jeopardized if you allow this new subdivision, but our peace of mind. I personally moved here to get away from traffic. Traffic in Meridian has been increasing drastically, and already I'm starting to get agitated just doing errands. This agitation times nearly 100,000 residents spells trouble. Let us continue to enjoy living in Meridian. Please don't turn Meridian into California! Development is good, but too much is disaster. Please, please don't allow this subdivision to be built, at least not until our infrastructure can support it around all of Meridian, not just at this already dense block. And please, please do not allow cars to drive through our children's playground. Thank you. I will not be able to be at the meeting as I will be out of town, recovering from surgery. Please let this letter be my voice. Best wishes, Carolyn Smith Mother and Resident of Bear Creek Subdivision August 2, 2006 Tanuny de Weerd, Mayor City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 RECEIVED AUG 1 7 2006 C.ity of Mel"idia CIty Clerk Offic~ Dear Mayor de Weerd, Subject: Application MI 06-004 - Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC for a Modification of the Development Agreement between the City of Meridian and Valley Shepherd Church of the Nazarene As a taxpayer, voter, and resident of Bear Creek Subdivision which is located immediately adjacent to the proposed Shepherd's Creek Subdivision I oppose the above application for approval. I request that you and the City Council give serious consideration to issues involving this proposed development and vote in opposition to the application for Modification of the Development Agreement (MI 06-004) between the City of Meridian and Valley Shepherd Church of the Nazarene for the approval of the application (PP 06-040) for 55 residential, 7 common lots, and 1 additional lot on 32.45 acres for Shepherd Creek Subdivision located at 2475 S. Meridian Road. The proposed development will rely for the most part on the infrastructure of Bear Creek Subdivision for access to primary roads and to Bear Creek Park, utilizing pedestrian walkways, lighting, and green space which is maintained through fees paid by the Bear Creek Home Owner's Association. I implore you and the Council as our elected officials to consider the following issues/ impacts and address each issue prior to application approval: 1. Access Issues · Vehicular Traffic - The traffic, estimated at 550 vehicle trips per day will add significantly more traffic to already congested roads. The burden for most of the traffic will be on Bear Creek Subdivision roads and will create even more congestion on Stoddard and Overland Roads. These roads are already taxed and soon to be taxed even more when Bear Creek West js completed. · No alternate routes/outlets to primary roads - The development provides no outlet to alternate routes to aid in alleviating congestion in the subdivision and to the two primary roads (Stoddard/Overland) that serve as outlets for Bear Creek Subdivision. f a- 7- Cv ~1/'-- b,~, 0<6 - l( --0 G, J-toV'YV0 l'~ $ l; . Traffic Issues - The development needs to address traffic issues by providing direct access to Victory Road which would offer an alternate route, easing traffic on Stoddard and Overland. It was our understanding that a traffic light will be installed at Victory in the near future (Matt Shultz, Project Coordinator for Shepherd's Creek LLC advised at the neighbor hood meeting that a traffic light would be installed on Victory Road) which is an even greater reason to provide a more direct alternate route. A redesign of the subdivision roads to provide an outlet on the Church's access road to Alfani Way (access to Victory) or to Mastera which fronts on Meridian Road would be a good alternative solution. It would be an admirable gesture on the Church's part to provide this access for alleviating additional congestion that is being created by the proposed subdivision (land sold to Shepherd's Creek LLC by the Church). In addition, Church traffic is typically at its peak on Sunday which is a non-work day, thus traffic conflicts should not be at issue. · Construction Traffic - Construction traffic, dust, dirt, trash, etc., is a serious concern. Construction access shoUld be provided through an alternate route not through Bear Creek subdivision. Access via the Church and off Meridian Road should be provided to minimize impacts to homeowners in the subdivision. There are a significant number of small children (approximately 75 under the age of 8) that live along Bear Track, Bear Claw Way, and Hibernation PI., and to protect their safety all traffic, including construction traffic should be minimi7.ed. · Fire and Emergency Vehicles - A very serious issue is the lack of direct access to the subdivision from a primary road for fire and emergency purposes. This requires that safety and emergency vehicles meander through Bear Creek or Belimissa subdivisions to provide emergency services. A more direct route along the Church access road directly to the proposed subdivision is a small request when considering the loss of a life due to a poorly designed access for the gain of a few additional dollars. 2. Density Meridian Comprehensive Plan denotes density for the Church property as Public/Quasi Public (Page 97 of June 2006, Meridian Comprehensive Plan) - "Redevelopment of this type of area is to be guided bv the intensity of the existing use. the underlvin~ zoning of the property. the surround.iIw: land uses. the location of the property. and transportation issues associated with the proposed development of the property. "(page 106 of June 2006, Meridian Comprehensive Plan) Proposed density is 55 homes on 12 acres or approximately 4.6 -5 homes per acre, doubling the adjacent density of Bear Creek which is approximately 2.6-3 homes per acre. Transportation/access is a key issue - use of Bear Creek roads for access and no proposed direct access to a primary road. A lower density of 3 homes per acre would lessen impacts on traffic and emergency services. The present zoning of this property is public/quasi public, which would be considered one step lower than the current zoning of the land surrounding the site, thus the redevelopment and rezoning should only permit a rezone to low density (one step above public/quasi public designation as stated in the Meridian Comprehensive Plan). This would be consistent with the low density of the existing neighborhoods. 3. LotIHome Values The increased density, small lots, and zero lot line homes negatively impact the values of the residences in Bear Creek. The residents who have purchased homes in Bear Creek have put forth a significant investment, thus paying sizeable taxes to the City of Meridian. Homes. in areas with parks and green space are valued higher than homes with high density~ and minimal green space. To maintain property values in Bear Creek the density and related amenities of Shepherds Creek should be consistent and lotslhome values should be equal to or more than those in Bear Creek. 4. Drainage Bear Creek is lower in elevation than the adjacent property. Need assurances and site drainage plans that address drainage containment within the Shepherd's Creek Development. 5. Open Space/Parks The proposed open space is minimal and the areas that are proposed are virtually unusable space that cannot be developed with the exception of one which is just barely usable narrow strip of land. If the space were one contiguous green space than value as open space is added, however, as proposed there is limited to no added value. It would appear that the 55 homes/residents of this development will rely solely on the amenities of Bear Creek, including walkways, lighting, green space, roads, etc., while not contributing added value. The residents of Bear Creek pay annual association fees to maintain the public spaces within the development. Shepherd's Creek residents will pay nothing to support or maintain the access routes, green spaces, street tree plantings, etc., that they will use to access Bear Creek Park through Bear Creek Subdivision. If Shepherd's Creek is to add usable value then the common lots or "green space" needs to be centralized in the center of the development and offer amenities that are usable by the public, e.g., a one acre play area for children or a usable functional park, not just undevelopable leftovers. 6. Covenants, Conditions, and Restrictions (CCRS) Bear Creek is a planned community with CCRS in place designed to protect investments and the integrity of the development. These covenants include property maintenance and improvements, association dues, on-street parking restrictions, and that cars, trailers, campers, boats, etc., be stored behind fenced areas or garages. With the direct proximity of Shepherd's Creek to Bear Creek the proposed development should be required to have similar association covenants and contribute to the association dues and maintenance of the area, especially as they will use Bear Creek amenities to gain access to Bear Creek Park. Bear Creek Residents should not be expected to bear the burden of providing amenities for the Shepherd's Creek development. 7. Transitional and Street Tree Plantings There are no apparent transitional plantings on streets that tie to Bear Creek, nor are there street tree plantings or landscaped medians such as exist in Bear Creek. If property values are to be protected then at a minimum, these elements need to be required for the proposed development. I am very concerned about the Shepherd's Creek development as currently proposed and request that you and the Council give careful and informed consideration to the issues defined in this letter and do not approve the application until these issues have been addressed. Thank you for this opportunity to provide comment and input on the proposed Shepherd's Creek Application. Sincerely, Ken/Sandy Thompson 2499 South Bear Claw Way Meridian, .83642 CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE September 21, 2006 ITEM # 4&5 PROJECT NUMBER MI 06-004 and PP 06-040 PROJECT NAME Shepherd Creek Subdivision NAME (PLEASE PRINT) FOR AGAINST NEUTRAL """-J /- ~- v' t.,.// ~~ v CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET August 17, 2006 ITEM # 12 & 13 DATE PROJECT NUMBER MI 06..004 and PP 06..040 PROJECT NAME Shepherd Creek Subdivision FOR AGAINST NEUTRAL V ~ ~ IVED AUG I I 2006 o Meridian City Clerk Office \ "" g\l ~&~1~'D~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 11 August 2006 phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Anna Canning Planning & Zoning Commission City of Meridian 660 E. Watertower Lane Suite 202 Meridian, ill 83642 Dear Anna: RE: MI 06-004 & PP 06-040/Shepherd Creek Subdivision MI 06-004: Nampa & Meridian Irrigation District has no comment on annexation & zoning. PP 06-040: Nampa & Meridian Irrigation District reserves comment until review of the Land Use Change Application is completed. Sincerely, ~f{~ Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg c: File - Office/Shop . i ,. !.: ~ ,r lie)' ~ \c \__' .1.. if. /1....' [: r, J 1 S Z006 '; I " r'!:::' f.... c "~,l .J, " t -,.) \. ~L ,. . \,. to,. c::; ~.r ,..'~ --.: ~.:~ r'~; '=~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS. 23,000 BOISE PROJECT RIGHTS, 40,000 KM K CONSULTING. INC. Iii .11..11.... ...1111. ,11I11I .". "'I!"."...~ ,I. I,ll'...'" I." .......111.....111'11.."'...,............"'..... ................... ..1111 .... ~.. ~.II ~, to... ". ....................."".",, ,. "." 2127 S. Alaska Way Meridian, ID 83642 (208) 880-1695 Office/Cell (208) 893~S325 Fax August 15, 2006 City of Meridian Planning and Zoning Commission and City Council c/o City of Meridian Planning Department 660 E. Watertower Lane, Suite 202 Meridian, 10 83642 RECEIVED AUG 1 4 2006 City of Meridian City Clerk Office RE: Request for Continuance Shepherd Creek Subdivision PP-06-0401MI-06-004 Dear Commissioners and City Council Members: We are requesting a continuance oithe above-referenced hearing for the Shepherd Creek Subdivision due to a Ada County Highway District request to hear the application at their Commission on September 6, 2006 at 12:00 PM. As such, we request the Meridian Planning Commission hearing be rescheduled for September 7, 2006 at 7:00 PM. We will update the sign postings onsite and submit an affidavit for the po stings at least 10 days prior to the hearing. Thank you for your cooperation in this matter. ,~il, Matthew Schultz,;;, - a- RMR Consulting. Inc. O'l- ll-oto ?~L 60V\t\~. J+eYVL~ 12 a!~ Cc: Peter Rockwell. AlA. Glancey Rockwell Todd Massey, Shepherd's Creek LLC Ray Schild, Shepherd's Creek LLC George Zickefoose, Valley Shepherd Church of the Nazarene Kimberly Newell-leMaster, Bear Creek HOA