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Tree Farm Addition AZ November 13, 2006 MERIDIAN PLANNING & ZONING MEETING APPLICANT Treehaven, LLC AZ 06-050 November 16, 2006 ITEM NO. 10 REQUEST Public Hearing - Annexation and Zoning of 4.64 acres from RR to an R-8 zone for Tree Farm Addition - north of Chinden Boulevard and west of N. Ten Mile Road NAMPA MERIDIAN IRRIGATION: SETTLERS'IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See Attached Affidavit of Sign Posting Contacted: Date: .~ ~ Phone: 334- ,-3CJ30 Emailed: frel II ~()('...../ pLQf' CO fV\ Staff Initials: ~ Materials presented at public meetings shall become property of the City of Meridian. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: 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: COMMENTS See Allached staff Report ; ,~ ;c rut' ~~ ~.. .~ No Comment No Comment No Comment CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER] 6, 2006 STAFF REPORT TO: FROM: ..SlJBJECT: ; ,"l. C\ ," l'o~ro ~O\j U~. _ . ;.~ ;,'~~" \/\(:;\;::g:f;-(:~ Hearing Date: November 16,2006 Planning & Zoning Commission Sonya Watters, Associate City Planner Meridian Planning Department 208-884-5533 --.U /' .m... ;jd V'Vlcridi;""'t "\ \ ID.\HO V. ~ y . The Tree Farm Addition (AZ-06-050 & MI-06-010)) . Annexation and Zoning of 4.64 acres from RR (Ada County) to R-8 (Medium-Density Residential) for The Tree Farm Addition . Modification to the existing Development Agreement for The Tree Farm to include the subject property 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Treehaven, LLC, has applied for Annexation and Zoning of 4.64 acres to the R-8 (Medium-Density Residential) zoning district and a modification to the existing Development Agreement for The Tree Farm to include the subject property. The subject property is currently zoned RR (Rural Residential) in Ada County. This property was, at one time, a part of the Tree Farm annexation submittal to the City; however, the previous owners (Rabehls) rescinded their affidavit of legal interest consenting to the application and this property was not included in the Tree Farm application. Treehaven, LLC is once again in the process of purchasing the subject Rabehl parcel. Although the Rabehl's property was not included in the annexation application, the master concept plan that was submitted and approved as part of the Tree Farm annexation application designated the subject property for lifestyle housing (townhomes, assisted living, paired housing, cluster/courtyard). The applicant is not proposing to change this designation from the original submittal, and the proposed zoning request is also consistent with the approved concept plan for the Tree Farm. The applicant is not proposing any new land uses, development, or subdivision at this time, only annexation and inclusion ofthe subject 4.64 acres into the master plan for the Tree Farm. The site is located at 6745 N. Black Cat Road, on the west side ofN. Black Cat Road (currently unimproved), approximately ~ of a mile north of Chinden Boulevard. This is a rural residential property with an existing single-family home and several outbuildings on the site. The subject property is within the area proposed to be a part of the City of Meridian's Area of Impact and proposed Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject Annexation and Zoning & Development Agreement modification applications were submitted to the Planning Department for review. By City Ordinance, the Planning & Zoning Commission makes recommendation to the Council on Annexation and Zoning applications. The Planning Commission is not required to make a recommendation to City Council on the Development Agreement modification application. Any comments related to the subject Annexation application will be included in the Commission's recommendation to the Council. Staffis recommending approval of AZ-06- 050 and MI-06-010 as presented in the staff report, subject to the conditions listed in Exhibit B. (Note: The Commission is not required to make a recommendation to City Council on MI-06-01 0.) 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to recommend approval to the The Tree Farm Addition - AZ-06-050 & MI-06-0l0 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 City Council of File Number AZ-06-050 as presented in the staff report for the hearing date of November 16, 2006, with the following modifications to the recorded development agreement: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number AZ-06-050 as presented during the public hearing on November 16, 2006, for the following reasons: (you should state specific reasons for denial of the annexation request. ) Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ- 06-050 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 6745 N. Black Cat Road; west side ofN. Black Cat Road, approximately )4 mile north of Chinden Boulevard, in Section 21, Township 4 North, Range 1 West. b. Owners: Arthur & Sandra Rabehl 6745 N. Black Cat Road Meridian, ill 83642 (Treehaven, LLC is in the process of purchasing this property contingent upon approval of this application.) c. Applicant/Representative: Derick O'Neill, O'Neill Enterprises d. Present Zoning: RR (Ada County) e. Present Comprehensive Plan Designation: Medium Density Residential f. Description of Applicant's Request: Request for Annexation and Zoning of 4.64 acres to the R- 8 (Medium-Density Residential) zoning district for future inclusion in the proposed Tree Farm plalUled community as proposed on the concept plan submitted with this application, and previously approved by the City Council. A Development Agreement (DA) modification is also requested to include this parcel in the existing DA for The Tree Farm. g. Applicant's Statement/Justification: This property is an enclave parcel that was initially included in the previously approved Tree Farm annexation; however, the owners pulled their property from the alUlexation and since that time, Treehaven, LLC is in the process of purchasing this parcel from them. This parcel is currently in Ada County and outside of the City of Meridian's impact area. The subject property is proposed to be part of The Tree Farm planned community which consists of 362.65 acres and is proposed to contain just over 1,000 housing units consisting of 15% estate housing, 35% single-family detached housing (small, medium, large home sites), 30% lifestyle housing (townhomes, assisted living, paired housing, cluster/courtyard), and 20% village housing (townhomes, condominiums, apartments). Please see the Applicant's narrative letter for more detail.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions ofthe Meridian City Code Title II Chapter 5, a public hearing is The Tree Farm Addition - AZ-06-050 & MI-06-0IO PAGE 2 CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 required before the Commission and City Council on this matter. b. The subject application will in fact constitute a Development Agreement modification as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: October 30'h and November 13'\ 2006 d. Radius notices mailed to properties within 300 feet on: October 20th, 2006 e. Applicant posted notice on site by: November 2nd, 2006 6. LAND USE a. Existing Land Use(s): There is an existing rural residential home and several outbuildings on the subject site. b. Description of Character of Surrounding Area: This area is primarily rural residential in nature. This area, especially south of Chinden, is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: I. North: Part of the proposed Tree Farm development, recently zoned R-8 (currently agricultural property) 2. East: Part of the proposed Tree Farm development, recently zoned R-8 (currently agricultural property and landscape nursery) 3. South: Part ofthe proposed Tree Farm development, recently zoned C-C (currently agricultural property) 4. West: Part of the proposed Tree Farm development, recently zoned R-8 (currently agricultural property) d. History of Previous Actions: Several large pieces of land surrounding, but not including, the subject property consisting of a total of :t358.57 acres were previously annexed on September 12,2006, as part ofthe Tree Farm community. The property surrounding the subject site was annexed with a conceptual development plan and zoning designations, but no specific development plans or subdivision was approved with the Tree Farm approval (nor is any development or subdivision being approved with the subject application.) The annexation of the surrounding Tree Farm property resulted in the subject property being an enclave. A Comprehensive Plan Map Amendment application was approved on March 14,2006, which included incorporating the subject area on the Future Land Use Map into the City's Area of Impact. The City of Meridian is currently in negotiation with Ada County to include this area in the City's Area ofImpact and Urban Service Planning Area. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This parcel currently has no sewer available to it. It is master planned to sewer to the future North Black Cat Trunk which will Dot be available till late 2007 or early 2008. Location of water: There is DO City of Meridian water main currently available to this site. United Water and the City of Meridian are currently in negotiations that would allow United Water to provide water service to this site. Issues or concerns: Sewer will DOt be available till late 2007 to early 2008. The Tree Farm Addition - AZ-06-050 & MI-06-0I 0 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER ]6,2006 2. Vegetation: There are several existing trees on this site that should be protected or mitigated for when this property develops. 3. Floodplain: N/A 4. CanalslDitches Irrigation: Any irrigation ditches, laterals and canals that cross this property should be tiled when this property develops. 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Proposed Zoning: R-8 7. Size of Property: 4.64 acres f. Subdivision Plat Information: The applicant has not submitted a preliminary plat with the subject annexation application. The applicant has submitted a conceptual overall development plan for the proposed Tree Farm planned community that designates the subject property for lifestyle housing (townhomes, assisted living, paired housing, cluster/courtyard). g. Landscaping: 1. Width of street buffer(s): Landscape buffers shall be required for property adjacent to a collector or arterial roadway in accordance with UDC 11-2A-5 upon development of the property. 2. Width ofbuffer(s) between land uses: None required with the proposed residential zomng. h. Required Dimensional Standards per the proposed R-8 zone, applicable upon development of the property: 5,000 4,000 4,000 5,000 Side setback Rear setback Street landscape buffer (in feet) Collector Arterial Entryway corridor Interstate 50 40 40 20 25 ]5 25 4 12 20 25 35 50 35 Street setback*** to living area (in feet) *Dimensional standards in effect at the time of development are applicable; those shown above are applicable at this time, however, may not reflect those in effect at the time of development. The Tree Farm Addition - AZ-06-050 & MI-06-01O PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 i. Summary of Proposed Streets and/or Access: As mentioned above, the applicant is not proposing to develop/plat the subject property at this time. This property currently has direct access to N. Black Cat Road. The portion of Black Cat Road that this property has frontage on, north of Chinden Boulevard, is only a 20-foot wide street section within 30 feet of right-of- way that is improved with gravel. No new streets or accesses are proposed or approved with this application. The conceptual street layout proposed in the concept plan has been previously reviewed with the Tree Farm application. 7. COMMENTS MEETING On October 27,2006, ajoint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. The Meridian Fire Department was the only department or agency to provide comments. These comments are "standard" and are listed under Section 10 of the staff report to be included in the modification to the existing Development Agreement for The Tree Farm. Once a development plan(s) is submitted, Staff will provide the applicant with specific comments and conditions from all commenting agencies and departments. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the proposed Comprehensive Plan Future Land Use Map. The purpose of a medium density residential designation is to allow smaller lots for residential purposes within city limits. Medium density residential areas are anticipated to contain three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan). When this property develops in the future, the density shall fall within the anticipated density of the Comprehensive Plan for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy): . Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action I) When the City establishes its Area of City Impact, it plans to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: )0> Sanitary sewer service will be extended to the project at the developer's expense, although it is currently not available (water service will be provided by United Water). >- The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under 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 Ada County Sher(ff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). >- The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. >- The subject lands are currently serviced by the Meridian School District #2. This service will not change. The Tree Farm Addition - AZ-06-050 & MI-06-01O PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 );> The subject lands are currently sen;iced by the Meridian Library District. This sen;ice will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, sen;ices 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 Sen;ices, and Sanitary Sen;ices Company. . Encourage residential infill to utilize existing services (Chapter VII, Goal IV, Objective C). When the property surrounding the subject property was annexed recently as part of the conceptual Tree Farm development, this parcel was left as an enclave. When sen;ices are extended to this development, this property will utilize those sen;ices. . Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) The subject property is an enclave surrounded by property that was recently annexed and zoned as part of The Tree Farm mixed-use planned community to be developed per the submitted conceptual plan. The residential portions of this development as a whole border the existing rural residential and agricultural properties to the north, east and west (all zoned RR or Rl in Ada County) providing compatible land uses with the existing and future residential properties, . Support a variety of residential categories (low-, medium-, and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The lifestyle housing (townhomes, assisted living, paired housing, cluster/courtyard) proposed in the medium-density R-8 zoning designation will provide a range of residential housing opportunities. . Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc. (Chapter VII, Goal I, Objective C, Action 4) When this property develops in the future (subdivision), all new residential development will be required to meet development standards regarding landscaping, signage, fences, walls, etc. Staff also finds the following 2002 Comprehensive Plan text policy to be applicable to this application: · "North Chinden Area: Residential uses north of Chinden Boulevard and within a 'l.l mile or less from the rim should have lot sizes ranging from 1/2-1 acres, ensuring compatibility with SpurWing Country Club to the east. Use of transitional lot sizes and clustering of smaller lots adjacent to the non-residential and rim property is encouraged." (Chapter VII, page 101) This policy was not in effect when the staff report was written for the Commission for the surrounding property that was recently annexed to a mix of R-2, R-8, R-15, C-N, and C-C zones. Because of this, Staff believes that although the above policy has merit, since the The Tree Farm Addition - AZ-06-050 & MI-06-01O PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 initial Tree Farm application did not follow this policy it would not be appropriate to subject this property to this guideline. Staff finds that the proposed R-8 zoning designation is generally harmonious with and in accordance with the Comprehensive Plan (please see Analysis below). 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 proposed zoning amendment request is appropriatefor this property. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses: UDC Table 11-2A.2lists the permitted, accessory, conditional, and prohibited uses in the R-8 zoning district. The anticipated townhomes, assisted living, paired housing, and cluster/courtyard uses are permitted uses in the R-8 zone. Assisted living is classified in the UDC as a "Nursing or Residential Care Facility." As such, specific use standards per UDC 11-4.3.29 are applicable to this portion ofthe development. b. Purpose Statement of Zones: 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. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: I. Annexation & Zoning Application: Based on the policies and goals contained in the Comprehensive Plan, the proposed future development surrounding the subject site, and the elimination of an enclave property, Staff believes that the requested annexation and proposed R-8 zone is appropriate for this property. Further, Staff believes that the proposed residential uses on the property will provide more diverse housing choices for the City of Meridian. Please see Exhibit C for detailed analysis of the required facts and findings. Legal Description: The annexation legal description submitted with the application (stamped on September 27,2006 by Gordon N. Anderson, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Concept Plan: The applicant has submitted a concept plan with the subject annexation request (See Exhibit C). Staff is generally supportive of the proposed land uses shown on the concept plan and described in the applicant's narrative. Although the City is not specifically approving this plan for detailed development, the proposed land use for the subject property should be included in the existing Development Agreement (DA) for The Tree Farm (see below for proposed modifications to the recorded DA). Access: On the submitted concept plan, the applicant is showing the extension of N. Black Cat Road north across Chinden Boulevard, to the subject property and extending further north to the Phyllis Canal. Staff is supportive of this access to Chinden Boulevard. Development Agreement: UDC 11-5B-3D2 and Idaho Code 9 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) (or modify an existing agreement) with the City that may require some written conunitment for all future uses. Staff believes that a modification to the The Tree Fann Addition - AZ-06-050 & MI-06-01O PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 existing DA is necessary to ensure that this property is developed as proposed, and in a fashion that is consistent with the Comprehensive Plan designation. Prior to the annexation ordinance approval, a Development Agreement (DA) addendum shall be entered into between the City of Meridian, property owner( s) (at the time of armexation ordinance adoption), and the developer. This shall be done as an addendum to the existing DA for The Tree Farm and include the following: a. Incorporate the subject property in the existing DA along with a note that all conditions and terms ofthe existing DA (Inst. #106151218) shall apply to the subject property. b. Include a legal description for the subject property and vicinity map showing location of parcel. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. Staff recommends that the Commission and Council direct the City's Legal Department to draft a modification to the existing development agreement for The Tree Farm with the above-stated additions for this property. All conditions and terms of the existing DA shall apply to the subject property. Fire Department requirements upon development of the property: a. Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. b. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. c. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. b. Staff Recommendation: Staff recommends approval of the subject applications (AZ-06-050 & MI-06-010) for The Tree Farm Addition for the hearing date of November 16, 2006. (Note: The Commission is not required to make a recommendation on the MI application.) 11. EXHIBITS A. Legal Description & Map B. Required Findings from Unified Development Code C. Vicinity Map D. Concept Plan The Tree Farm Addition - AZ-06-050 & MI-06-01O PAGE 8 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 Exhibit A - Legal Description & Map ~~~Q) EXHIBIT A ANNEXATION PARCEL FORMER RABEHL TRACT A parcel of land situated In the Southeast Quarter of Sadlon 21, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more Plirticularly described as follow: Commencing in the Southeast comer of Section 21, said point being marj(ed bV an aluminum cap, thence along the Easterly line oflhe Southeast Quarter of said Section 21, North 00'16'30" EiI6l a dlBtance of 914.93 feet to the True Point of Beginning; thence leaving said Easterly line, North 44'20'00' Weat a distance of 137.71 feet; Ihence North 58'26'30- West a distance of 138.52 feet; thence North 83003'OQ. West II distance of 187.58 feat; thence South 81020'00. Weat. a distance of 156.89 feet; thence North 00033'30" East a distance of 245.48 reel; thence North 79"31'00' East a distance of 103.70 feet; thence North 67'23'00' E811t a distance of 104,89 feet, thence North 86036'00" East a distance of 35.7.39 feet (formerly North 86032'30" East II distance of 357;98 reat) to a point on said Easterly line; thence South 00"16'30' West a distance of 495.93 feet to the Point of Beginning. Annexation Parcel contains 4.08 acres, more Or less. End of Description Project No. 05-132 September 27. 2006 REVl ik'..pr.nv~ av~ eel 02 M~~~~ t~1O __'_'_I~l_;_'____,_~_:_,__~~ 351 {: \I.,orlon, In.. . Sill., L ~.'idioQ, ID IH4/ p, ?DU'" I~I~,. , ; " Exhibit A - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16,2006 /If!:. jHEi FARM'" EXHIBIT MAP FOR ANNEXA TlON LUCA If1J Iii /II[ fAST 1/1 if IHf st 1/4 Or SlCnON 21, IOWNS/IIf' ~ NOR1Ii, RAIIG{ 1 IIfS~ 1I1lSi: MIRfO/AN, !J)A COIJllfr. IDAHO O. CARNAHAN 0\\" ~f- "ill tf- !;I ~ ..I" ,,'" "I" # t <. I GRAPHIC 'KHE .. ~ * ., 1-\. t;;;;..~ ......_,..,J ,"I ~. I III nrr > 1lfw:l'I~ ~Il 0\\" &f. "I' 9- , 'D '<1: ~' Q .,ct 3 ..': ....., ~, ~ ~. l<:: ;0 '<I: ,,' III '\IA , ,\1" '!Iii : l;JC-;i:rJ!.[ -- .... I!f~J~l~P,'-'::~ L~~-...;.!jU~~ lZt:t '~~~1.El~ )f4,~:J;..; ~-i~..~~.~;;~:;'_, 1_:": ';; '~l ~.f.~_ .\;'"_(:)~'m.. .__~.t._ ~~_.~""X"r:. POINT 01'_ ~~~;'~I"""~- :...;JJQ.=- I it t 2...' . "-,."; nom_, , ~J!!!!m~_~, l.aIii-'~~1fI. ill' ....... .. JIoI r ........,..... --- ,- . -.IIiIIi7ffiliJil:r;if -.--" CHINDEN HI VD. (H/GI-!WA Y 20 &: 26) i};, 0 Z 20lJli _ P\.lBllC ""lIIIlS~PT Exhibit A ~ Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 B. Required Findings from Unified Development Code I. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property R-8, which complies with the Comprehensive Plan Future Land Use Map designation of medium density residential. The future residential uses that the applicant is proposing for the subject property comply with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; No detailed land uses, development, or subdivision is proposed concurrent with the zoning map amendment request. Staff fmds that the anticipated future uses are permitted in the R- 8 zoning district. If the applicant complies with the provisions outlined in the existing Development Agreement for The Tree Farm, Staff finds that the proposed residential zoning will be in compliance with the specific district regulations. Staff fmds that future development of this property should comply with the established regulations and purpose statements of the residential zone. Further, Staff finds that the future use of this property as proposed with the submitted concept plan, will provide a variety of housing opportunities consistent with the purpose statement of the residential districts and goals of the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this fmding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest ofthe City (UDC 11-5B-3E). Staff finds that the proposed zoning amendment will provide for a variety of housing opportunities in this area of the City and is consistent with what the City has envisioned for this area. Staff finds that all essential services can be made available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the fmdings listed above, Staff finds that Annexation and Zoning of this property would be in the best interest of the City, if the applicant modifies the existing Development Agreement (DA) as proposed to include the additional items noted in Section 10 of the Staff Report. Exhibit B - Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER ]6, 2006 c. Vicinity Map .- Exhibit C - Page 1 . '. . .' --.-, "=";~--.:......",>..,, ".. '-., j 'f~!' . ~ c.._ : t i I, .. '1 1_n.._..1:,.' ~ -~ ~ ''''.1 I , \ no, " " Tree Farm CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 D. Concept Plan ~ 0"'=--'-- r--=_ CJ~__ . *-'-~"'...Iw: ::~ -~ .--..- --,-,. -~~~ PO-y(c I No. u042144'1()(}') -.. .._,_., ....~---'~-.,,,.~_.~_.. --..'1.. R,.0!hI ",Jd\j" inL.t'/ kiy '.It.:ht!VoI, ilL., ., ~~[I / " '- ,. 0>=:" '(0:1 /,.,\ (I" I :""'/1 r:; 'I'~ The Tree Farm . (' () " (, .. ,. f r l. ^ " ~-._---._ rn ~_._~ ~~-".,.;-,-~- - ; ~ ~ .-.-..........""".... --~...- ..f ",p.-_~ '",,~/J.. 2OCJa. Exhibit D - Page I ., \ ., I ..} '.~'ll .: '" ~,,~ .._':- ~., ':"-.. ". ,t.' (~ ~ <2Z~~ NO\' 0 5 2006 ,~:~'~~{ ,~):;?'~~i;:~:o~~;~ November 2, 2006 Meridian City Planning and Zoning Kristy Vigil, Assistant City Plarmer 660 E. Watertower, Ste. 202 Meridian, ID 83642 Dear Ms. Vigil, The purpose of this letter is to comply with the Public Hearing Process; I 1-5A-5, proof of posting as outlined in the City Code. One sign was placed on the north side of the residential driveway at 6745 N. Black Cat Road on November 2, 2006. As required, attached are two photographs of the posted Public Hearing Notice signs for the Tree Farm Community. Attachments to State ofIdaho) 8.8. ~"'9,n.."",, ....... ~ t.R 0-4 ,t..l""~ ~.. ~~ ".........;\~ )-....... On this 2nd day of November, in the year of 2006. $ r.., .... ... '\ before me Trever Oakey a notary public, personally ,') l ~OT Ai? r.\ \ appeared Derick O'Neill, personally known to me to be the .. ~ -.- i : person whose name is subscribed to the within instrument, ~" \" P (TB L \ C l j and acknowledged to me that (she) ex the same. .' r" .0 .. ~~~, t \ 'be. .....~"""- ~ (~..".i4:r ........ ~~y ~..' "~....., lJ OP \tJ ,......' "husn."'''' County of Ada) Notary Publ~ .. My Commission Expires on -10 --....... Treehaven LLC. 2242 E. Riverwalk Drive, Suite 200. Boise, ID 83706 Tel (208) 336.3430 Fax (2081336-5296 No v. 13. 2006r 4: 24PMN ~ Fax:2063348917 Nav 13 2006 15:29 No. 6203.01 P. IDA"O TR4NOPORTATION DEPAATMENT p.o. Box.8028 B.oJ$e, 10 $3707-2028 ~J;O';:'~? (201!)~ J, ., . "' . !:~ .~.~ itd.idaho.gov },. \)'\\ '. .~ .-" ~~ .\ . " ':-;'~,Jl.; ,,01 .1...,<l....f~;~..;.....;'...:......'....".....;.i..''\:...' i 1\ i .' ,..,..... :..".~..~;D~"1~ l. t~, .. "'.. ~ ".J i :'. \ ~_ " ':: ~.; ; ::~i ..:. l- - "): . ~." . NOV 1 3 2006 November 13, 2006 City of Meridian Planning Department 860 E. W$tertoWB~ litne, Suite 202 Meridian, ID 83642 VIA FAX: 208-888-6854 Re: T.... Farm Addltfon Requeet: Annexation & Zoning 4.6 aorea from RR to R8 Route: US 20-28 Location: : Ten Mile to Black Cat north side of highway ;Jitt;. {~.:i. :~',~~,~;~... .~iJ; r::~i~\" fJtfiel: Dear Planning arid Zoning Commiasion: Thank you for anOWlng the Idaho Transportation Department (ITO) the opportunity to comment on the re~erenced appncation nn offers the following com~nts; .. ~ . Meridian and other jurisdiotions have been WOrking with COMPASS and I1D on the US 2~26 conidor study. o' Per ClJITent n:o policy and Meridian ,?rcUnance access, the only direct access allowed to the highway should be at ~e half mile, across from the &XistIng public street on the south. !All other a~s points _~hould be ab~ndoned. Access to the state highway will require a permit. The applicant may contact Matt Ward at 334-8341 for permit application information. I was unsure of the intent for the access noted as '"existing vehicular access.. o A setback of 100' from highway centerline should be required to accommodate Mute highway widening and ;roadside clear zone. o The site dBSign should provide connectivity to adjacent all parcels to minimize future approaches to US-20126. I ~s unsure If the connection shown WDuld allow adequate access for the property owners on N. Double Eagle Lana. Because this road is so close to the intersectiOn of US 20-26 and Ten Mile, long term, as volumes on the highway in~se, it would be best to have. an option to allow these owners to get:tO the signal at the half mile locstlon. and to cIoee 'or reetriot futu... aooess at that location. I asaumed Ba~co Lane would be connected to proposed Jayker Way but was unsure. o Per the City of Mertdlan ordr,.,ce, . collector type facility shOUld ~. constructed roughly paralfal to US 20126, connecting the half mile road to Black Cat. The connection back to Ten Mile Ie not feulble due to the gotf course. No v, 13. 2006 T 4: 24PMN Fa><:20B334S91' Nov 13 2006 15: 30 No. 620.3.02 P. 2 o Noie. Abltem~nt for Resldenti~1 Development Where residential buildings are adjacent to the ~ighway, pl..~ require the following: 1. The :appli~nt sharf pro~de traffio nole. abitement by constructlng a benn or a benn and wall combination approximately parallel to the state highway and off the state right of WBY. 2. The'top Ofth8 be."" or benn and wallin combination, shall be a minimum often feet higher than the elevation at the centerline of the state highway. . 3. If 8 Wallis proposed, the wall ahall meat the following standards: 8. Wan matenal. shall be Impervious concrete or stucco, unless otherwise approved by the Idaho Transportation Department as a ~nd attenuating material. 6. Intenntttent brelke In the benn or berm and wallin combination will degrade the .: function and should not be allowed. 4, Altetnatlve noise abatement designs that meet Federal Highway Administration guidelines may be proposed by the developer. "'e applicant should contact Greg VItIey, Environmental Section Manager. Traffic rm.,.ot study: o The 8Pplloant 8~OUId complete B Traffic Impact stUdy (TIS) to determine development impaets to the Stllte HighWay. o ITO may rtquJre Improvements to the state Higtlway to mltlSate fOr these Impa~. TypIcal Improvements may include: acceleration and deceleration lanes, center turn bays and/of,Inte"ectlon signalization. o The TIS 8hould' be submitted to Kevin Sablan at the ITD letterhead addreea. Sincerely, ~ <iwl1~ Sue Sullivan Senior Planner CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE November 16, 2006 ITEM # 10 PROJECT NUMBER AZ 06-050 PROJECT NAME Tree Farm Addition NAME (PLEASE PRINT) FOR AGAINST NEUTRAL - - -. --- Project: Tree Farm Addition (AZ-06-050 & MI-Q6-Q1O) Location, size of property and existing zoning: The subject property consists of 4.64 acres and is located on the west side ofN. Black Cat Road, approximately % mile north of Chin den Boulevard. This property is currently zoned RR in Ada County, The applicant is requesting to annex and zone the property R-8 (Medium Dcnsity Rcsidential). Adjacent Land Use and Zoning: L North: Part of the proposed Tree Farm development, recently zoned R-8 (currently agricultural property ) 2. East: Part of the proposed Tree Farm development, recently zoned R-8 (currently agricultural property and landscape nursery) 3. South: Part of the proposed Tree Farm dcvelopment, recently zoned C-C (currently agricultural property) 4. West: Part of the proposed Tree Farm development, recently zoned R-8 (currently agricultural property) Applications: Annexation & zoning (AZ) and Development Agrecment modification (MI). Summary of Proposed Streets and/or Access: This property currently has direct access to N. Black Cat Road. The portion of Black Cat Road that this property has frontage on, north of Chinden Boulevard, is only a 20-foot wide street section within 30 feet of right-of-way that is improved with gravel. No new streets or accesses are proposed or approved with this application. The conceptual street layout proposed in the concept plan has been previously reviewed with the Tree Farm application. Existing Constraints: . This parcel currently has no sewer available to it. It is master planned to sewer to the future North Black Cat Trunk which will not be available till late 2007 or early 2008. . There is no City of Meridian water main currently available to this site. United Water and the City of Meridian are currently in negotiations that would allow United Water to provide water scrvice to this site. Landscaping: Landscaping will be required upon development of the property. Comprehensive Plan Designation: Medium density residential Compliance with Comprehensive Plan: Yes, the proposed R-8 zone complies w/Comp. Plan designation Compliance with UDC: The proposed future uses are permitted in the R-8 zone Proposed DA requirements: A DA modification is requested that will incorporate the subject property in the existing DA along with a note that all conditions and terms of the existing DA (Inst. #106151218) shall apply to the subject property. A legal description along with a vicinity map ofthc subject property will also be included. History of Previous Actions: Several large pieces ofland surrounding, but not including, the subject property consisting of a total of :1:358.57 acres were previously annexed on September 12, 2006, as part of the Trec Farm community. The property surrounding the subject site was annexed with a conceptual development plan and zoning dcsignations, but no specific development plans or subdivision was approved with the Tree Farm approval (nor is any development or subdivision being approved with the subject application). The annexation of the surrounding Tree Farm property resulted in the subject property being an enclave. Elevations: No Staff Recommendation: Staff is recommending aooroval of the subject applications. (The Commission is not required to make a recommendation on the.MI application.) Notes: