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HomeMy WebLinkAboutThe Tree Farm Addition AZ-06-050 MI-06-010 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~tTr.'nl' ~~' '.. d ~, -.,. cri ian'"" '-~ - 'I I. 1l).\HO J~ V r ~'tl:' I'" ~#( . y::r J::!,"~",.:Yj")JI, '. !,!,!:j - 1~ In the Matter of Annexation and Zoning (AZ) approval of 4.64 acres from RR (Ada County) to R-8 (Medium Density Residential), AND Development Agreement Modification (MI) to include the subject property, by Treehaven, LLC. Case No(s). AZ-06-050 & MI-06-010 For the City Council Hearing Date of: December 12, 2006 (Findings approved on January 9, 2007) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 12, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 12, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 12, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 12, 2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-050 & MI-06-0JO 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Findings, and Concept Plan in the attached Staff Report for the hearing date of December 12, 2006 incorporated by reference. The Staff Report is concluded to be reasonable and the applicant shall meet all applicable requirements of the application approval. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code 9 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicants request for Annexation is approved subject to the provisions listed in the attached Staff Report for the hearing date of December 12, 2006 incorporated by reference.; and, 2. The applicants request for a Development Agreement modification is approved subject to the provisions listed in the attached Staff Report for the hearing date of December 12,2006 incorporated by reference. D. Attached: Staff Report for the hearing date of December 12,2006. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-050 & MJ-06-010 By action of the City Council at its regular meeting held on the *-JJtI;WY2-j' 2007, a ..ft.. -, - dayof COUNCIL MEMBER CHARLIE ROUNTREE VOTED* VOTED~ VOTED ~ VOTED~b- COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED --- Copy served upon: ~f MAYO TAMI ,eWEERD ,,\\\"{' r)f. -;i.~/:'/"i, -...-"":-,.::;;" ~:,,--,--=---. -1.'.11" <<:;- .:;:-': v. '<-_O'i'POFj.<j ):"'-., .1-- \:, JJL.~~ I 0-". { ~ SZ"".L<S \ "~ WILLIAM G. BERG, J ., CIfy- CLE~ -y~, ....(1;;;/ J ~ ~ ,C/,jr 13" ./.f?,::;: -'/ '1 '--':---~,~--'_:"'''- '?- . ,"~ .......,/ (J,,-.. -- - oJ i) ,-~" ./ A I" 111,,~'-"lINT,. \\,\' pp Icant ~ IIltltllllll\l\\\\\ / Planning Department ./ Public Works Department V City Attorney ATTEST: B~61A.J City Clerk's Of Ice Dated:il 0 .(Yl CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ-06-050 & MI-06-01O CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12,2006 STAFF REPORT TO: FROM: Hearing Date: December 12,2006 Mayor & City Council Sonya Watters, Associate City Planner Meridian Planning Department 208-884-5533 oU'cridl~ '\ \ I!).\J--!O .' ~. l f"-' - SUBJECT: 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 RabeW' 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 of the 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 1,4 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. Staff is 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-06-010.) The Meridian Plannin!:! and Zonin!:! Commission heard this item on November 16.2006. At the public hearin!:!. they moved to recommend approval to the City Council of AZ-06-050. a. SummarY of Commission Public Hearin!:!: The Tree Farm Addition - AZ-06-050 & MI-06-010 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12, 2006 1. In favor: Derick O'NeilL Tree Haven. LLC (applicant) ii. In opposition: None 111. Commentinll: None iv, Staff presenting application: Sonya Watters v, Other staff commentinll on application: None b. Key Issues of Discussion by Commission: i, None c. Kev Commission Chan2es to Staff Recommendation: i. None d. Outstandin2 Issue(s) for City Council: i. None The Meridian City Council heard the~e item~ on December 12. 2006. At the nuhlic hearin~ thev annroved the ~uhiect AZ and MI reouest. a.. Summarv of City Council Public Hearin~: i. In favor: Deric]s;O'N eil!. Tree_Hayen.. LLC (anolicant) ii. In onn9sition: None iii. Commentilll!: ~<;me iv, Written testinlOnv: None v. ,Staff oresen!Lnl! annlicatiQu:_Anna Canninl! vi. OtheLsJaff commen!Jnl! on annlicatio~NQne h. Kev I~~ue~ ofDi~cussion hv Council: i. None ~ Kev Council Chanpe~ to Commission Recommendation: i. None 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ~ 06-050 and MI-06p010 as presented in the staff report for the hearing date of December 12, 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 deny File Numbersl!l AZ- 06-050 and MI~06-010 as presented during the public hearing on December 12, 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 Numbers AZ- 06~050 and MI-06-01O 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 ~ mile north of Chinden Boulevard, in Section 21, Township 4 North, Range 1 West. b, Owners: Arthur & Sandra Rabeh1 6745 N. Black Cat Road The Tree Farm Addition - AZ-06-050 & MI-06-010 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12, 2006 Meridian, ill 83642 (Treehaven, LLe 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 planned 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 annexation 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, mediwn, 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 of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a Development Agreement modification as detennined by City Ordinance. It has been detennined 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: October 30th and November 13th, 2006 (Commission); November 20tl1 and December 4th, 2006 (Council) d, Radius notices mailed to properties within 300 feet on: October 20th, 2006 (Commission); November 17th, 2006 (Council) e. Applicant posted notice on site by: November 2nd, 2006 (Commission); December 1 S\ 2006 (Council) 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: 1. North: Part of the proposed Tree Farm development, recently zoned R-8 (currently agricultural property) The Tree Farm Addition - AZ-06-050 & MI-06-01O PAGE 3 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12,2006 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 development, recently zoned C-C (currently agricultural property) 4. West: Part ofthe 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 ::1::358.57 acres were previously annexed on September 12,2006, as part of the 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 Fann 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 of Impact 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 not be available till late 2007 or early 2008. Location of water: 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 service to this site. Issues or concerns: Sewer will not be available till late 2007 to early 2008. 2. Vegetation: There are several existing trees on this site that should be protected or mitigated for when this property develops, 3, Floodplain: NI 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 ll-2A-5 upon development of The Tree Farm Addition - AZ-06-050 & MI-06-010 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12,2006 the property, 2. Width ofbuffer(s) between land uses: None required with the proposed residential zoning, 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 Entl)'Way corridor Interstate 50 40 40 20 25 15 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, 1. 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, a joint 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 planes) is submitted, Staff will provide the applicant with specific comments and conditions from all commenting agencies and departments. The Tree Fann Addition - AZ-06-050 & MI-06-010 PAGE 5 CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12,2006 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 1) 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: );;> 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 Sheriff'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 subject lands are currently serviced by the Meridian Library District, This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. 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. . 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 services are extended to this development, this property will utilize those services, . 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 Tree Fann Addition - AZ-06-050 & MI-06-01O PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12, 2006 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 ~ 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 Commissionfor 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, Staffbelieves that although the above policy has merit, since the 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 above). 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 appropriate for this property, 9. UNIFIED DEVELOPMENT CODE a, Allowed Uses: UDC Table 11-2A-2lists the pennitted, accessory, conditional, and prohibited uses in the R-8 zoning district. The anticipated townhomes, assisted living, paired housing, and cluster/courtyard uses are pennitted 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 of the 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. The Tree Fann Addition - AZ-06-050 & MI-06-0JO PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12, 2006 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 for annexation. 2. Miscellaneous Application: The applicant has also submitted a Miscellaneous application (MI-06-010) requesting that the recorded Development Agreement for The Tree Farm be modified to include this site. There are no required findings for a miscellaneous application/development agreement modification, Below, Staff has provided the most pertinent facts and analysis related to the proposed development agreement modification and annexation of this property. Prior to the annexation ordinance approval, a modification to the recorded Development Agreement for The Tree Farm shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. 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 ~ 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 commitment for all future uses. Staff believes that a modification to the 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 annexation 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 The Tree Farm Addition - AZ-06-050 & MI-06-01O PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 12,2006 all conditions and terms of the 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: Staffrecommends 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.) The Meridian Planning: and Zoning: Commission heard this item on November 16.2006. At the public hearine. they moved to recommend approval to the City Council of AZ-06-050. Ihe Meridian Citv Council heard these items on Decemher 12. 2006. At the nublic hearinQ' thev annroved the suhiect AZ and MI reouest. 11. EXHffiITS A. Legal Description & Map B. Required Findings from Unified Development Code C, Vicinity Map D. Concept Plan The Tree Fann Addition - AZ-06-050 & MI-06-01O PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 Exhibit A - Legal Description & Map Fl51:..f~ knderSOfl hr~BI G-r~:'~~;"'IIV EXHlalT ,A ANNEXATION PARCEL FORMERRABRHL TRACT A parcel of land situated in the South6ast Quarter ofSactlon21, Township 4 North,Range 1 West ofthe Boise Meridian, Ada County, Idaho, being mOre particularly described ElS follow: Commencing In the Southhst comer of Seetlon 21, said point being marked bV an aluminum cap, thence along the Easterly line of the Southeast Quarter of $aId Section 21, North 00"16'30" E_t adlstam:e of 914,93 feet to the True Potnt of Beginning; thence . leaving said Eastarty line. North 44020'00" West a distance of 137.71 feet: thence North 58"26'30. Wast a distance of 138,52 feet; thence North 83.03'00" West a distance of 187,58 feet; Ihence South 81020'00" West a dlstam:e of 156,89feElt; Ihence North 00033'30" East a distance of 245.48 fee~ thence North 7S031 '00" East a distance of 103,70 feet; thence North 67"23'00.' East a distance of 104,89 feet. thence North 86036'00" East a diStance of 357.39 teet (formerly North 86"32'30' East a distanoe of357.98 feet) to a point on said ,Easterly line: lhenGB South 00016'30' West a distance of 495..93 feel t~ the Point of Beginning, Annexation Parcel conlaln5 4,08 acres, more or less. Endcf Descrlpllon Project No. 05-132 September 27,2006 RE\I\kPkoVM.. eY~'-:'- Oel 0 2 iunS tIIE"\Ole~ ~~~~,IC waR..... --'_':_I~I_:_'__-_:_~""-;-'--~-- 351 [ W.Ol.tln.. tn" . 1"1,., f, ~"141.a, ID &Hll p, 1D8,888 1515. " , Exhibit A - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 /NI:.. IHEE. FARM"' EXHIBIT MAP FOR ANNEXA TlON WCA rrD Iii 'T!If; fAST 1/2 Of M Sf 1/< 01" SfCIION 2/. 10_ 4 1-IOR1Ii. IIAIIG[ I ilfSr. fiO/Sf ML~I()fAN, ~A COUI(rl', IDAHO D. CARNAHAN "Ill. ~f,. ,,\l ~f,. N1 ~ ~' ~ "IA it" ,," ~ t I () RAPIIIC SC AU. - ~-----.l..... ,- ~ n:, ~......-.- f l'Uln~ . 'II"'" ... too J\. " '",' _.J \\l sf.. ,,\l ~f. , 'n ,<( :;/ a .' a:: ~I ... >I' <( ~' u :6 ,<( -.J Q) \\A ~ "IA S.,. ~,.'''. ii/i[ 'AiJU: ...-..", .~im!'"C:NG-~;;--'~~:"1 ~gi.;~ m'i.lM"'-,_-." ...:>, J,;-!tm~~~" ,7 l.fJ','L,..at~ ,..JJ."...IJJP}"":;"1OlJ:Il~ ..A<!.... .~,~.."~~~;:,l POIHT 01' aBfJIHNIHG ;1r;;:~TN;'i'- I 2r I>> . --..., "in ,~JI!I.!!'l,~.~, ''''- - ".~Ia.,..t ........,.. ~_I_"lIi& ('HINDEN Bt vo, (ItlGi1WA Y 20 & 26) .~ " -~1rw"j"~l~' ~~_.- UC' 01 ;>(iiJli _1'\JllUC WQIlI($IlI'Pl' Exhibit A - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER ]6, 2006 B. Required Findings from Unified Development Code 1. 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. The City Council finds 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, the City Council finds that the proposed residential zoning will be in compliance with the specific district regulations, The City Council finds that future development of this property should comply with the established regulations and purpose statements of the residential zone, Further, the City Council 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; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission recommends that the Council rely on any oral or written testimony that may be provided when determining this finding, 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, The City Council 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 of the City (UDC 11-5B-3E). The City Council 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. The City Council finds that all essential services can be made available or will be provided by the developer to the subject property and will not require umeasonable expenditure of public funds. In accordance with the [mdings listed above, The City Council 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] CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 C, Vicinity Map .. ~.I. ' , ,~ "'W'~'.\~,~~:"""_"...'r \ I I 1 l >'. I """/~ '" ' "'-r \." " ,- - - -, 1:,- ~. I /% ,-" .l!: ~ ,J L, Lm__.l_,.. I "'''--1 ~T I .~ -_' "r, w Tree Farm Exhibit C - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER ]6, 2006 D, Concept Plan -. .f . -:;.:;..__~_~m Pt1Yc('1 No, \3042-144'1000 ~'~fc'c ~~~::,~I..i~'j':;, 1-,'~'.,'j:'1 ,1 '- ""'-" ,"'''''"' ~ D"F--" D~~._;,o. ..~- .~ 1_--'-- -,---~-... IIJ--- ~-- -..- ,. ~:. c. /;;'\ ...-:1 _ ("..u I la . The Tree Fa!1IL r f) t<.' (, r " T ". .. ^ "'" ....._--"-- m ~ ~ ~~~':-..:::-...."~=~~..- ~ ~ ~ ~ -"'....-. U~ ~_1<t .....',llOOcl: Exhibit D - Page 1